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OFFICE OF FOREIGN ASSETS CONTROL
LICENSE DETERMINATION
ENF 53698 [May 21, 2019]
Date of Request: May 17, 2019
Requestor's Name: Assistant U.S. Attorney, Tracia King
Originating Agency: Department of Justice, Atlanta, GA
Unless otherwise authorized, the export of recombinant proteins, Hepatocyte Growth Factor (HGF), Activin A Recombinant Human Protein, Stern Cell Factor (SCF), Macrophage Colony Stimulating Factor (M-CSF), Basic Fibroblast Growth Factor (bFGF), and Transforming Growth Factor beta I (TGF), directly or indirectly from the United States or by a U.S. person to Iran is prohibited pursuant to the Iranian Transactions and Sanctions Regulations, 31 C.F.R. part 560 (the "Regulations"), issued under the authority of the International Emergency Economic Powers Act, 50 U.S.C. §§ 1701-06, and other statutes.
The Office of Foreign Assets Control (OFAC) has searched its records under the names below.
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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...