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691. Will the provision of bunkering services to a non-Iranian vessel carrying sanctionable goods to or from Iran be subject to sanctions?
If a non-Iranian vessel is transporting sanctionable goods to or from Iran (including, but not limited to, petroleum, petroleum products, or petrochemical products from Iran; goods used in connection with the automotive sector of Iran; or iron, iron products, aluminum, aluminum products, steel, steel products, copper, or copper products from Iran), bunkering of that non-Iranian vessel in a country other than Iran — and related payments for these bunkering services — risk being subject to sanctions unless an applicable waiver or exception applies. For example, persons providing bunkering services to a non-Iranian vessel transporting petroleum or petroleum products from Iran could be designated under subsection 1(a)(ii) of E.O. 13846 if such activities involve the provision of material support for, or goods or services to or in...
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1) FAQ 691 and FAQ 692 were both issued on the same day, concurrent with the amendment of FAQ 296, dealing with provision of bunkering services to a non-Iranian vessel carrying non-sanctionable goods to or from Iran. (Emphasis added).
This FAQ essentially serves to indicate that bunkering services provided even to non-Iranian vessels can be considered the provision of "material assistance" to NIOC or NICO in connection with purchase of oil from those entities. See Sec. 1(a)(ii) of EO 13846. OFAC appears to signal that it would use derivative designation or secondary sanctions authorities in connection with bunkering services provided to non-Iranian vessels carrying any type of "sanctionable goods," but read in conjunction with FAQ 296, where OFAC also appears to signal that it will not sanction bunkering services provided to non-Iranian vessels carrying goods in...