545. What do the following key terms in section 10 of the Sovereignty, Integrity, Democracy, and Economic Stability of Ukraine Act of 2014 (SSIDES), as amended by section 228 of the Countering America’s Adversaries Through Sanctions Act (CAATSA), mean: “foreign person,” “knowingly,” “materially violate,” “facilitates . . . for or on behalf of,” “significant transaction,” and “deceptive or structured transaction”?
“foreign person” – As stated in § 589.317 of the Ukraine-/Russia-Related Sanctions Regulations (URSR), the term foreign person for purposes of the SSIDES section 10 provisions in §§ 589.201(a)(6) and 589.413 means any citizen or national of a foreign state (including any such individual who is also a citizen or national of the United States), or any entity not organized solely under the laws of the United States or existing solely in the United States, but does not include a foreign state. This definition is consistent with...
1) This FAQ interprets elements of the secondary sanctions in SSIDES Sec. 10 (as amended by Sec. 228 of CAATSA) that, as of 5-5-22, have been implemented into the URSR (see 589.201 and 589.413). The new FAQ # 545 is like FAQ # 542, but it handles “significant transaction” for section 10(a)(2)(A)) of SSIDES. It references the new provisions of the URSR dealing with secondary sanctions, but from a substantive standpoint, there is no difference between FAQ # 545 as it exists now and as it existed prior to the reissuance of the URSR.
i) KNOWINGLY
With respect to the term "knowingly," that knowledge qualifier is defined consistent with the definition of that term used by OFAC in all other secondary sanctions contexts....