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) The term "luxury goods" is relevant with respect to the designation criterion at 510.201(a)(3)(ii)(C) and 510.201(a)(3)(vii)(C) sanctioning persons found to have "directly or indirectly, imported, exported, or reexported luxury goods to or into North Korea,” as well as the GL at 510.510 (North Korean mission to the United Nations and employees of the United Nations). See comments to 510.510 concerning the "luxury goods" carve out to that GL.
With respect to at 510.201(a)(3)(ii)(C) and 510.201(a)(3)(vii)(C), note that these provisions have no "significance" threshold, and that "luxury goods" is defined so broadly in the EAR so as to encompass many ordinary goods that, in developed countries, are ordinary consumer goods.
2) This provision was amended on Apr. 10, 2010, to add the following language:
“…and items so designated under an applicable United Nations Security Council resolution (as defined by the North Korea Sanctions and Policy Enhancement Act of 2016, as amended by the Countering America's Adversaries Through Sanctions Act and the National Defense Authorization Act for Fiscal Year 2020), except as specifically approved by the United Nations Security Council for import, export, or reexport to or into North Korea.”
Evidently, everything on the UNSC list will be carved out of the definition of “luxury goods,” irrespective of the status of the item in the EAR.