Case No. UKRAINE-EO13662-2018-358314-1 [Application included]

Date issued: Mar. 29 2019

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TURBOFAC Commentary (432 words)

Notes:

1) The applicant university and faculty researcher—in this case a former professor and holder of an endowed chair in petroleum engineering at Texas A&M University [1]—inquire about the status of certain energy-related scientific experiments under the various Ukraine-related executive orders and, more specifically, SSI Directive 4.

At first glance it could appear as though the applicants misunderstood the Ukraine-related primary sanctions prohibitions to constitute something akin to a comprehensive embargo, but it is more likely that the textual breadth of SSI Directive 4 gave the applicants cause for concern. SSI Directive 4 prohibits the “indirect” exportation of “services” in “support of exploration or production for deepwater, Arctic offshore, or shale projects…that have the potential to produce oil in the Russian Federation” that involve certain persons subject to the SSI Directive 4.

The professor at issue, now deceased,...