31 CFR § 510.213 - Exempt transactions.

Date issued: Dec. 21 2022

Last substantive commentary amendment:
Feb. 17 2024

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TURBOFAC Commentary (1678 words)

Notes:

*CERTAIN EXPORTS OF ITEMS SUBJECT TO THE EAR AS 'QUASI-EXEMPT'

Exports of items that are subject to the EAR and authorized for export by the Department of Commerce are outside the scope of OFAC's jurisdiction, at least when they are sent to North Korea to persons that are not SDNs. OFAC does not treat such exports as "exempt" from OFAC's regulations, but in effect there appears to be little distinction between the treatment of such exports and how they would be treated if they were characterized in the underlying EO as "exempt." Refer to 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....