United States and United Kingdom Take Action to Reduce Russian Revenue from Metals (Press Release)

Date issued: Apr. 12 2024

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TURBOFAC Commentary (480 words)

Notes:

1) As described in section 2 of General Note on Explicit and Implicit "Facilitation" Prohibitions in IEEPA-based Embargoes, and discussed in more detail at section IV(e) of Consolidated Comment on the 4-12-23 Aluminum, Copper, and Nickel-Related Service and Import Prohibitions (System Ed. Note), this is a rare prohibition-specific deviation from the norm as it relates to the scope of the standard "facilitation" prohibition. Section 1(a)(iii) of EO 14071 is a standard facilitation prohibition that applies with respect to all transactions prohibited by section 1(a)(ii) of EO 14071, including the prohibitions imposed pursuant to the 4-12-24 Services Determination. Here, OFAC is saying that banks processing certain transactions is "not prohibited" by the determination notwithstanding that, under normal circumstances, this would be regarded as "facilitation" of a sanctions-implicating transaction by a non-U.S....