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) Compare SySR and CACR analogues (542.518 and 515.548). A version of this GL appears in all embargo programs, but with varying scopes. Some omit air ambulance services; this one omits overflights.
2) Among the GLs that are a variation of this theme, only the Crimea version omits "overflights". This is probably due to such payments not being prohibited to begin with, i.e. because they involve payments to the otherwise non-embargoed Russian government.
3) The scope of this GL is somewhat confusing on the question of transactions ancillary to underlying transactions not subject to the sanctions regulations.
May a U.S. person parent airline "approve" (i.e. facilitate) an overflight payment of a non-U.S. person subsidiary within the scope of this license where the aircraft has nothing to do with the U.S.? It depends on whether the "aircraft [being] registered in the United States or owned or controlled by, or chartered to, persons subject to U.S. jurisdiction" contains any conditions for use of the license. Facilitation of a transaction by a foreign person in which a U.S. person could engage directly is not "prohibited facilitation," but it is not clear whether the aircraft actually being connected to the U.S. is a condition of the GL or merely a set of conditions that would allow OFAC to assert jurisdiction over the transaction in the first place. The latter seems more likely, but this GL is irregular. See General Note on Sanctions Provisions for which Determining Applicability Requires "Counterfactual" Analysis of Transactions (System Ed. Note).
4) Concerning the applicability of sanctions regulations to vessels and aircraft on the basis of their registration and/or operational control by U.S. persons, see General Note on OFAC’s Assertion of Worldwide Jurisdiction over non-U.S. Origin Vessels and Aircraft with Certain Relationships to the United States (System Ed. Note).