OFAC FAQ (Current) # 486 - Amendment to the Definition of “Iranian-origin goods” or “goods of Iranian origin”in the ITSR

Date issued: Dec. 22 2016

TURBOFAC Commentary (188 words)

Notes:

1) See generally comments to 560.306.

2) The FAQ interprets 560.306(b)(2) and the note thereto. There is apparently no time limit for which the goods may stay at an Iranian port pending transfer to another vessel or aircraft, but processing through customs will render the item "Iranian origin" even if it does not leave the port location.

A good being offered for sale at a port in any capacity—whether or not it has formally cleared customs—would appear to fall on the "Iranian origin" side of the line since, while not explicitly saying so, the provision appears to assume that there has been no "entry into commerce."

Query whether importation into a bonded warehouse at port necessarily qualifies as "otherwise coming into contact with Iran" when no duties are paid and the item is not cleared for home consumption. The term "processed through" customs leaves open the question of how far along the customs clearance process an item must go.

3) Refer to FR Notice Explaining Certain TSRA-Related Amendments to the ITSR; Change to Definition of Iranian-origin Goods (81 FR 94254, Dec. 23, 2016).