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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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[3-5-25 update - on 3-4-25, the State Department re-designated Ansarallah as an FTO. See FAQ # 1219. OFAC amended the Ansarallah-related GLs that existed as of the date of the publication of this document, narrowed the scope of some of them, and also removed Guidance for the Provision of Humanitarian-Related Assistance and Critical Commodities to the Yemeni People from the website (presumably because at least some of the contents were out of date in light of the narrowing of some of the GLs). The below has not been amended in light of the foregoing].
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,...