PRINT
Case No. IA-2012-299441-1
Law Offices of Mike S. Manesh, PC
2049 Century Park East, Ste. 2680
Los Angeles, CA 90067
Attn: [ ]
Dear [ ]
This is in reply to your letter dated November 30, 2012, to the Office of Foreign Assets Control ("OFAC"), on behalf of [ ] (the "Client"), an Iranian national, seeking guidance regarding the Iranian Transactions and Sanctions Regulations, 31 C.F.R. Part 560 (the "ITSR") [ ]. Specifically, you ask for confirmation that [ ] is not subject to the prohibitions of the ITSR until he becomes a U.S. person. The letter states that [ ].
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 to Iran or...
Click the appropriate link below for access to this file.
Click the appropriate link below for access to this file.
1) Guidance clarifies that no license is required for activities undertaken by residents of Iran while they have visa applications pending, but prior to receiving a U.S. visa and relocating to the United States. OFAC further clarifies that "in the United States" for the purposes of 560.314 means physically in the United States, not only having received a visa. (Contrast B Whale Corporation (2017), clarifying that "within the United States" is not necessarily limited only to physical presence for non-U.S. corporate persons).
2) The licensing policy articulated appears aimed at allowing an Iranian coming to the U.S. to maintain pre-existing investments in Iran, but only under conditions so onerous that they are essentially frozen absent a specific license from OFAC.
3) Note Common to Case No. IA-15877, Case No. IA-2012-299441-1, Case No. IA-2013-303511 and Case No. IA-2012-(Chicagoland Foreign Investment...