ENF 53698 ("License Determination")

Date issued: May. 21 2019

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TURBOFAC Commentary (450 words)

Notes:

1) This is one of several “License Determination” or “Regulatory Question” documents prepared by OFAC enforcement, usually within a matter of days after being request, at the request of another U.S. government agency (BIS/DOJ) in connection with a sanctions related investigation. While it is unclear what the status of these documents are authoritative positions of OFAC for purposes of the APA, they are nevertheless notable where they address novel questions.

2) Here, the context of the request is a criminal prosecution of Iranian individuals exporting certain “recombinant proteins” to Iran. Notwithstanding that the items described appear to have bona fide medical uses in the form in which they are sold, and were available for commercial sale (see PDF) OFAC determines that they do not qualify for the “medicine” GL at 560.530 because...