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Case No. IA-2012-299845-1
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1050 Connecticut Avenue, NW
Washington, DC 20036-5306
Dear [ ]
This responds to your letter transmitted on January 8, 2013 (the "Application") to the Office of Foreign Assets Control ("OFAC"), requesting authorization to provide legal services to PA Aviation Group, which you state is a privately owned civil aviation services consulting firm located in Tehran, Iran. You state that the proposed legal representation could include advising on OFAC exemptions and licenses available for safety-critical items. Additionally, you request authorization to receive compensation for the provision of these legal services.
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,...
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1) The application contemplates the export of a service “to Iran” by virtue of the recipient being an entity organized under the laws of Iran (560.204/560.410). Here, OFAC says that U.S. lawyers may provide sanctions related advice in connection with prospective commercial transactions directly to an Iranian entity (and even persons blocked under the ITSR, including the Government of Iran). Compare with OFAC's 2017 "Guidance on the Provision of Certain Services Relating to the Requirements of U.S. Sanctions Laws." Unlike the Compliance Services Guidance, the legal advice GL allows for direct relationships with prohibited parties, so long as they are the actual direct or indirect recipients of the legal advice. Presumably, the sort of solicitation of information in connection with the advice that would be considered an “import”...