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Case No. IA-17159
M.T.O. Shahmaghsoudi, School of Islamic Sufism
c/o NIA Law Group
I 7043 Veptura Boulevard
Encino, CA 91316
Attn [ ]
Dear [ ]
This responds to your letters of August 30, 2011, and September 15, 2011, to the U.S. Treasury Departments Office of Foreign Assets Control ("OFAC"), on behalf of M.T.O. Shahmaghsoudi, School of Islamic Sufism ("M.T.O."), requesting confirmation on authorization from OFAC is required for M.T.O. to import one Sufi sculpture, the Pialeh (the "Sculpture"), from Iran into the United States. You indicate in your letters that you understand the sculpture to be classified under chapter subheading 9703 of the Harmonized Tariff Schedule of the United States ("HTS").
The Iranian Transactions Regulations, 31 C.F.R. Part 560,the "ITR"), generally prohibit the importation into the United States of any goods or services...
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1) It is likely that the applicant was not aware that certain sculptures qualified as "informational materials" exempt from license requirements under the ITR/ITSR, or perhaps the applicant was aware, but wanted confirmation from OFAC.
Heading 9703 covers "[o]riginal sculptures and statuary, in any material."
Compare United States v. Three Burmese Statues, (3:07-cv-00250) W.D.N.C. June 24, 2008 (government seizing and forfeiting statues classified under heading 9703 that should have qualified as licensed "informational materials").