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Can NGOs fund the construction or rehabilitation of health facilities or other non-commercial development projects (such as water tanks and solar-powered water pumps) if they could be used by a purported or actual government institution under apparent Ansarallah control?
Yes. NGOs operating in Yemen are authorized to engage in activities to support humanitarian projects to meet basic human needs in Yemen, including non-commercial development projects directly benefiting civilians. This includes, but is not limited to, repairing and rebuilding hospitals, health clinics, and infrastructure under Ansarallah control. However, the NGO general license at GTSR section 594.520 does not authorize funds transfers to blocked individuals or entities, outside of taxes, fees, or import duties, or the purchase or receipt of permits, licenses, or public utility services.
For other activities not authorized by existing general licenses, NGOs or other entities may apply to OFAC for specific licenses, which are...
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1) The relevant NGO GL (594.520) authorizes specified enumerated activities "designed to directly benefit the civilian population," including "Activities to support humanitarian projects to meet basic human needs, including disaster, drought, or flood relief; food, nutrition, or medicine distribution; the provision of health services; assistance for vulnerable or displaced populations, including individuals with disabilities and the elderly; and environmental programs." Here, OFAC appears to be interpreting "humanitarian projects to meet basic human needs" as covering general infrastructure projects. Query whether this could cover, e.g., roads. Refer generally to General Note on GLs Authorizing Transactions of and Related to Nongovernmental Organizations (NGOs) (System Ed. Note).
2) See comment 4 to 594.520 concerning the statement that the GL "does not authorize funds transfers to blocked individuals or entities, outside of taxes, fees, or import duties, or the...