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1) Note Common to All 8-8-23 "Humanitarian Assistance" Guidance Entries
On 8-8-23, concurrent with the expiration of the earthquake-related Syria General License 23, OFAC removed its Guidance on Authorized Transactions Related to Earthquake Relief Efforts in Syria and replaced it (using the same URL) with OFAC Compliance Communique: Guidance for the Provision of Humanitarian Assistance to Syria.
Because OFAC addresses a multitude of authorities in the "Humanitarian Assistance" guidance, and does so in a way that has implications for the scope and operation of such authorities beyond the four corners of the guidance document, we have categorized each of the 25 questions as separate Research System entries. The questions and associated Research System links are as follows:
Guidance for the Provision of Humanitarian Assistance to Syria - Q # 1 - Can I donate money to NGOs in support of humanitarian efforts in Syria?
Guidance for the Provision of Humanitarian Assistance to Syria - Q # 2 - Can I raise funds for humanitarian efforts in Syria through crowdfunding?
Guidance for the Provision of Humanitarian Assistance to Syria - Q # 3 - Are there any caps on fundraising for humanitarian efforts in Syria?
Guidance for the Provision of Humanitarian Assistance to Syria - Q # 4 - Can NGOs engage in activities to support humanitarian projects in Syria? What activities are authorized?
Guidance for the Provision of Humanitarian Assistance to Syria - Q # 5 - Are NGOs authorized to provide humanitarian assistance in areas controlled by the Government of Syria?
Guidance for the Provision of Humanitarian Assistance to Syria - Q # 6 - Are NGOs authorized to provide disaster relief?
Guidance for the Provision of Humanitarian Assistance to Syria - Q # 7 - Can U.S. financial institutions process transactions related to authorized humanitarian assistance by NGOs in Syria?
Guidance for the Provision of Humanitarian Assistance to Syria - Q # 8 - Are NGOs permitted to provide humanitarian aid in areas where sanctioned groups operate?
Guidance for the Provision of Humanitarian Assistance to Syria - Q # 9 - Can NGOs export goods to Syria in support of humanitarian projects?
Guidance for the Provision of Humanitarian Assistance to Syria - Q # 10 - Can U.S. companies provide goods and services to NGOs conducting authorized humanitarian activities in Syria?
Guidance for the Provision of Humanitarian Assistance to Syria - Q # 11 - Can NGOs purchase refined petroleum products of Syrian origin for use in Syria?
Guidance for the Provision of Humanitarian Assistance to Syria - Q # 12 - Are the United Nations and the U.S. government permitted to conduct stabilization and early recovery-related activities and transactions involving Syria? Does this apply to their contractors and grantees as well?
Guidance for the Provision of Humanitarian Assistance to Syria - Q # 13 - May U.S. and non-U.S. persons provide humanitarian assistance to Syria if they are doing so as an employee or contractor of or have received a grant from the United Nations or the U.S. government (including USAID)?
Guidance for the Provision of Humanitarian Assistance to Syria - Q # 14 - May I send money directly to friends and family in Syria?
Guidance for the Provision of Humanitarian Assistance to Syria - Q # 15 - Can U.S. banks and money services business (MSBs) process remittances to Syria?
Guidance for the Provision of Humanitarian Assistance to Syria - Q # 16 - Can I use digital payments, instant payments, or online platforms or services to send authorized noncommercial, personal remittances to friends and family in Syria?
Guidance for the Provision of Humanitarian Assistance to Syria - Q # 17 - May I export or reexport food or medicine to Syria?
Guidance for the Provision of Humanitarian Assistance to Syria - Q # 18 - May I export items other than food and medicine to Syria in connection with humanitarian efforts?
Guidance for the Provision of Humanitarian Assistance to Syria - Q # 19 - Are transactions related to humanitarian efforts in Syria prohibited if they involve the Government of Syria?
Guidance for the Provision of Humanitarian Assistance to Syria - Q # 20 - Am I allowed to pay taxes, tolls, and fees to the Government of Syria in connection with humanitarian efforts?
Guidance for the Provision of Humanitarian Assistance to Syria - Q # 21 - Can foreign governments provide assistance to NGOs operating in Syria for humanitarian efforts without facing exposure to U.S. sanctions, including in Assad regime-held areas?
Guidance for the Provision of Humanitarian Assistance to Syria - Q # 22 - Can foreign governments or commercial entities invest or engage in commercial activity in Syria?
Guidance for the Provision of Humanitarian Assistance to Syria - Q # 23 - Do non-U.S. persons, including NGOs and financial institutions, risk exposure to U.S. sanctions pursuant to the Caesar Act for activities that would be authorized under the Syrian Sanctions Regulations?
Guidance for the Provision of Humanitarian Assistance to Syria - Q # 24 - Does OFAC authorize U.S. persons to engage in construction projects in Syria?
Guidance for the Provision of Humanitarian Assistance to Syria - Q # 25 - May I engage in or fund building safety inspections in Syria?
2) Notes Specific to This Q&A
a) Compare Earthquake Relief Efforts in Syria - Question # 2 (crowdfunding in the Syria GL 23 context).
This FAQ interprets two different provisions in a way that is meaningful and has cross-programmatic implications. First, with respect the remittances GL, OFAC states that a U.S. individual can “raise funds via a crowdfunding platform in support of medical care for a family member in Syria” and “then remit those funds to their family member in Syria in accordance with the Syria Remittances general license”. Query: what is the authority for the U.S. person donor to provide the funds to the individual that intends on remitting them to Syria? When funds are provided to a person and are specifically intended for Syria, that must be an indirect provision of financial services to Syria, within the scope of 542.207. To the extent that is the case, it must be that the provision of the funds to the would-be remitter is “ordinarily incident” to the eventual remittance of the funds to Syria in accordance with the license. As of 8-9-23, this appears to be the only guidance in the Research System standing for this proposition, and there is no reason to believe that it would not apply to remittance GLs across the board. Refer generally to General Note on Remittances; Guidance Letters Concerning Personal Remittances
With respect to the NGO GL portion of the FAQ, the example given is unfortunate because it is not clear whether the “U.S. religious organization” is, itself, a U.S. NGO, such that the outcome turns on the “NGO” status of the U.S. religious organization. But given the context of the individual donor, it would appear that the collection of funds even by an ordinary individual is authorized when the funds are intended for Syria in the context of a transfer covered by the NGO GL.