§510.211 Prohibited facilitation.
(a) Except as otherwise authorized, U.S. persons, wherever located, are prohibited from approving, financing, facilitating, or guaranteeing a transaction by a foreign person where the transaction by that foreign person would be prohibited by §510.201(d), §510.206, or §510.209 if performed by a U.S. person or within the United States.
(b)(1) The prohibitions in this section with respect to §510.201(d) apply except to the extent provided by regulations, orders, directives, or licenses that may be issued pursuant to this part, and notwithstanding any contract entered into or any license or permit granted prior to the effective date.
(2) The prohibitions in this section with respect to §§510.206 and 510.209 apply except to the extent provided in regulations, orders, directives, or licenses that may be issued pursuant to this part or pursuant to the export control authorities implemented by the U.S. Department of Commerce, and notwithstanding any...
1) "Prohibited facilitation" provisions are explicit in each of the IEEPA-based embargo programs. Note that, even where a given provision only refers to certain prohibitions, OFAC considers the "facilitation" of a foreign person's dealings to be prohibited if they would be prohibited if engaged in directly by a U.S. person. This is "implicit" in all cases where it is not explicit. Refer to General Note on Explicit and Implicit "Facilitation" Prohibitions in IEEPA-based embargoes.
A transaction is only “prohibited facilitation” if it is one in which U.S. persons could not engage without a license, meaning that, on occasion, a sanctions question will turn on the outcome of a “counterfactual analysis” of a transaction that is not actually the one taking place. Refer to General Note on Sanctions Provisions for which Determining Applicability Requires "Counterfactual"...