OFAC Interpretive Guidance - Case No. SU-3937 [Application Included in Original PDF]

Ed. Note: if you’re new to TURBOFAC, please take note that the text string filtration function generally shouldn’t be used for terms such as “ordinarily resident,” “causing” or “new debt”. For research on the meaning of words and phrases such as those, i.e. terms central to the key legal issues in sanctions law that appear on a cross-programmatic basis, you’re typically better off locating and checking the appropriate box in the “Key Legal Issues” search category, which will limit the results to those that have been manually assessed as being relevant for the interpretation of the terms at issue.

Try typing your search term (“ordinarily resident,” “new debt,” or something else) in the “Find a Search Filter” box at the top of the page, and the corresponding “Key Legal Issues” check box will pop up instantly, if one exists. Once you check the box (e.g. “new debt,” with ~55 results), you can always use the text string filtration function to further refine your search (e.g. by typing “invoice” and narrowing the ~55 results to ~10).

Note in addition that the same applies to text string searches such as “14071” (if you’re looking for items related to EO 14071). By typing “14071” in the “Find a Search Filter” field up top, you will be able to instantly narrow the results down to items manually assessed as relating to EO 14071. Ditto terms such as “515.204” or “Iran General License G” (try the “Discrete Legal Provision” search category). Please contact [email protected] or [email protected] with any questions on search results and efficiency.

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TURBOFAC Commentary (1377 words)

Notes:

1) Guidance issued in connection with politically contentious fact pattern (see related license and other correspondence included in original PDF).

2) From a legal basis perspective, the relevant questions were "what constitutes the export of a 'service' to Sudan within the meaning of 538.205," and "what constitutes the provision of a service to a blocked person within the meaning of 538.201" (the Government of Sudan was blocked at the time). In this case, for practical purposes, those are essentially the same question. Another question impliedly addressed here is, assuming that certain activities do constitute "services," "what constitutes a service 'ordinarily incident' to the provision of legal services authorized" (538.405) such that it is also authorized as a result of the legal services .

As is also made clear from the specific license itself (p. 17 of PDF file (

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Case No. SU-3937 [Application Included in Original PDF]

TURBOFAC Commentary (1377 words)