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Case No. Ukraine-EO13662-2018-354754-1
Ambassador Audrey Marks
Embassy of Jamaica
1520 New Hampshire Avenue N.W.
Washington, D.C. 20036
Dear Ambassador Marks:
This responds to your request dated June 11, 2018, and supplemental correspondence dated June 15, 2018, and June 22, 2018 (collectively, the "Application"), to the Office of Foreign Assets Control (OFAC) seeking guidance on General License No. 14 ("GL 14') as it relates to the Windalco Ewarton bauxite refinery ("Windalco") in Jamaica, which you indicate is owned and operated by United Company Rusal ("Rusal"), an entity designated on April 6, 2018 under the Ukraine-Related Sanctions Regulations, 31 C.F.R. Part 589 (URSR). Specifically, you seek confirmation that Windalco's activities and commercial relationships with the Government of Jamaica, its agencies, and private sector entities fall within the scope of GL 14.
The URSR prohibit all transactions prohibited...
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1) On the basis of the description of the application (attached in original PDF), this guidance appears to clarify that, as opposed to a "wind down" license, a "maintenance or wind down" General License permits what would effectively be business as usual. The apparent reason for the provision for "maintenance" with respect to Ukraine GL 12, Ukraine GL 14, Ukraine GL 15 and Ukraine GL 16 is that they all pertain to companies owned or controlled by a single SDN reported to have been in the process of divesting his stake in the companies at issue. See other documents categorized "wind down" for the scope of an ordinary wind down license.
2) Read in conjunction with FAQ 625 and FAQ 626, issued after this guidance letter, which further clarify the scope...