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Case No. IA-16194
Lorraine B. Halloway, Esq.
Crowell & Moring LLP
1001 Pennsylvania Avenue, NW
Washington, DC 20004-2595
Dear Ms. Halloway:
This responds to your letter dated March 30, 2011, to the Office of Foreign Assets Control ("OFAC"), requesting confirmation that the guidance provided by OFAC in a letter dated November 25, 2003 (the "November 2003 Guidance") remains fully effective and that, in any event, the travel exemption provision of the Iranian Transactions Regulations, 31 C.F.R. Part 560 (the "ITR"), authorizes U.S. airlines to enter into interline and special prorate agreements with Iranian airlines, including Iran Air. Your letter states that U.S. and other airlines routinely enter into Interline Ticketing and Baggage ("ITBs") and Special Prorate Agreements ("SPAs") with other airlines that operate in markets they do not serve with their own aircraft. Your letter explains that an...
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1) Guidance confirms that OFAC does not consider the Berman Amendment IEEPA exemptions (i.e. travel, informational materials) to apply to entities designated under the GTSR, but acknowledges they do apply to entities designated under the WMDPSR (such as Iran Air, which was an NPWMD at the time of the guidance but is not as of 7/2021). See FAQ 534, and comments thereto, on the legal basis for the application of the Berman exemptions to Iran Air, but not Mahan Air.
2) "Interline and special prorate agreements with Iranian airlines" are deemed ordinarily incident to travel, but see