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Case No. IA-16912
[ ]
Katz & Korin PC
The Emelie Building
334 North Senate Avenue
Indianapolis, IN 46204
Dear [ ]
This responds to your letter dated July 25, 2011 (the "Application"), submitted on behalf of [ ], [ ], [ ] and [ ] (the "Clients"), to the Office of Foreign Assets Control ("OFAC"), requesting authorization to present a six-day course in Dubai, United Arab Emirates. You state that admission to the course will be open to the general public and that some of the course participants may be Iranian citizens.
The Iranian Transactions and Sanctions Regulations, 31 C.F.R. Part 560 (the "ITSR") generally prohibit the exportation, reexportation, sale, or supply, directly or indirectly, from the United States or by a United States person, wherever located, of any goods, technology, or services...
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1) While the applicant refers to "Iranian citizens," note that the proposed activity would normally only implicate the ITSR if the course participants are actually "ordinarily resident" in Iran. Many Iranian nationals live in Dubai on a permanent basis.
2) The guidance clarifies that a "six-day course in Dubai" of unspecified content falls within the scope of 560.554, which covers "public conference, performance, exhibition or similar event." A "course," here, is apparently considered a "similar event." This adds scope, beyond 560.544, which only applies to degree-granting institutions, to the range of third-country "educational activities" that U.S. persons can engage in vis-a-vis persons ordinarily resident in Iran.
3) Compare Case No. IA-2012-295460-1, dealing in part with the relationship between 560.554 and 560.210(c) (the informational materials exemptions)....