31 CFR § 542.510 - Exports or reexports to Syria of items licensed or otherwise authorized by the Department of Commerce authorized; exports or reexports of certain services authorized.

Date issued: May. 02 2014

TURBOFAC Commentary (235 words)


1) This general license, unique among active sanctions programs, is the result of the quirky nature of the SySR as having an export embargo fully administered by BIS (except with respect to blocked persons). Because there is no .200-level prohibition dealing with exports or ordinary products to non-blocked Syrians, facilitative services such as financial, shipping and insurance services are not eligible for 542.404, which only applies to transactions that are prohibited at the threshold level but then authorized by OFAC, and even if the export requires no license from BIS.

542.525 deals with services in connection with exports of items that are not subject to the EAR at all. In that case, the export-related services would be neither eligible for 542.404, because the underlying export is not regulated by OFAC, nor this GL, because the underlying export is not regulated by BIS.

2) See comment 3 to IEEPA - 50 USC Sec. 1702 - IEEPA Presidential Authorities, 50 USC Sec. 1705 - IEEPA, appearing to demonstrate that OFAC considers software not subject to the EAR to meet the definition of exempt "informational materials." This provision specifically excludes services provided in connection with the export of items not subject to the EAR. There is no authority for services in connection with such exports, other than the exemptions. See also Notes Common to the "Information or informational materials" Definitional Provision (System Ed. Note).