General Note on "New Investment" Prohibitions (Non Russia-related) (System Ed. Note)

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TURBOFAC Commentary (2809 words)

General Note on "New Investment" Prohibitions (Non Russia-related) (System Ed. Note)

[Note: In addition to the “new investment” prohibitions that apply to embargoed areas, there are three EOs that contain “new investment”-related provisions that apply specifically to Russia. These Russia-related provisions are not the subject of this note, which is treated separately from the commentary on the “new investment” prohibition applicable to fully embargoed destinations. Refer to General Note on the Russia-related “New Investment” Prohibitions]

1) BACKGROUND

a) Active Embargoes

Each of the broad, IEEPA-based embargoes active as of 6-6-2022 contain a prohibition on "new investment" in the embargoed country or territory. See 510.209 (NKSR), 542.206 (SySR), 560.207 (ITSR), 589.206 (Crimea, URSR) and EO 14065...