Case No. IA-2012-293259-1

Date issued: Oct. 09 2012

Last substantive commentary amendment:
May. 24 2023

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TURBOFAC Commentary (646 words)

Notes:

1) Guidance reaffirms validity of 030430-FACRL-IA-04 (Internet Access to Informational Materials). Commercial transactions related to web-based databases are exempt from the ITSR, even where they contain search functionality and presumably envisage the provision of services ancillary to the export of the information, e.g. the provision of login credentials for a website.

OFAC concludes that "to fall under the information and informational materials exemption, the content must be fully created and in existence at the time of the
transmission and may not be created at the behest of an Iranian person." (Emphasis added).

Compare e.g. Case No. IA-18313 and note the relationship between these two concepts, and that in Case No. IA-18313 OFAC uses the term (as it appears in the regulations) "in existence at the time of the...