Ed. Note: if you’re new to TURBOFAC, please take note that the text string filtration function generally shouldn’t be used for terms such as “ordinarily resident,” “causing” or “new debt”. For research on the meaning of words and phrases such as those, i.e. terms central to the key legal issues in sanctions law that appear on a cross-programmatic basis, you’re typically better off locating and checking the appropriate box in the “Key Legal Issues” search category, which will limit the results to those that have been manually assessed as being relevant for the interpretation of the terms at issue.
Try typing your search term (“ordinarily resident,” “new debt,” or something else) in the “Find a Search Filter” box at the top of the page, and the corresponding “Key Legal Issues” check box will pop up instantly, if one exists. Once you check the box (e.g. “new debt,” with ~55 results), you can always use the text string filtration function to further refine your search (e.g. by typing “invoice” and narrowing the ~55 results to ~10).
Note in addition that the same applies to text string searches such as “14071” (if you’re looking for items related to EO 14071). By typing “14071” in the “Find a Search Filter” field up top, you will be able to instantly narrow the results down to items manually assessed as relating to EO 14071. Ditto terms such as “515.204” or “Iran General License G” (try the “Discrete Legal Provision” search category).
Please contact [email protected] or [email protected] with any questions on search results and efficiency.
Please click "Apply Text String Filters" again after clicking the "Close" button immediately below.
1) This provision is common in all IEEPA-based embargo programs. For more on the way in which the provision is interpreted in a cross-programmatic manner, refer to General Note on 'New Investment' Prohibitions in Embargo Programs (System Ed. Note).
2) Only the NKSR version of this prohibition contains language similar to what is found in 510.209(b). For comments on the background, see General Comment on the Relationship Between the North Korea Sanctions Regulations and Export Controls Administered by the Dep’t of Commerce (System Ed. Note) ([2-16-24 Update – the implementation of 510.520 largely renders System Note irrelevant for practical compliance purposes. See comments to 510.520, and note that this comment has not been updated to reflect the implementation into the NKSR of 510.520]). 510.209(b) is a direct implementation of the language of Section 3(a) of E.O. 13722, which applies to the broad export prohibition, the facilitation prohibition and new investment prohibition. While it is difficult to imagine an export otherwise outside the scope of 510.206 constituting "new investment," EO 13722 was evidently drafted to ensure that nobody would take that interpretation.