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 FAQ is an application of the principle of having the application "significant transaction" in secondary sanctions key off what would or would not be prohibited under primary sanctions. Note that Ukraine GL 12B has nothing do to with CAATSA or SSIDES on its face; only indirectly through the clarification in e.g. FAQ 574 of the term "significant transaction," as that term is used in the secondary sanctions legislation.
Note that for the purposes of the "counterfactual" analysis envisaged by FAQ 574, i.e. "if I were a U.S. person, would this be permitted," OFAC does not require a non-U.S. person to imagine that they are both a U.S. person and located within the United States; just that they are a U.S. person subject to the primary sanctions regulations. See General Note on Sanctions Provisions for which Determining Applicability Requires "Counterfactual" Analysis of Transactions (System Ed. Note).
2) Ukraine GL 12B was replaced by Ukraine GL 12C, both of which have expired.
3) Note that the scope of the companies included in the GL covers some that remain blocked subsequent to OFAC's delisting of Rusal, and some that remain blocked.[1]
[1] https://home.treasury.gov/news/press-releases/sm592