TSRA (Trade Sanctions Reform and Export Enhancement Act)
The report covers licensing activities from January through March 2014 under the Trade Sanctions Reform and Export Enhancement Act of 2000, aka TSRA. Under TSRA, there are procedures for licensing exports of agricultural commodities, medicine and medical devices to Iran and Sudan.
Links:
It obviously takes a long time to collate this report, as it covers licensing activity under the Trade Sanctions Reform and Export Enhancement Act of 2000 (TSRA) from October 2010 to September 2012. This is the 6th one.
Some highlights:
Short (4 pages), but informative – read it now, or wait until 2016…
Links:
Biennial Report of Licensing Activities
On Monday, OFAC issued an updated Frequently Asked Questions (FAQ) page for the Trade Sanctions Reform and Export Enhancement Act (TSRA) which, among other things, permits certain exports to Iran. In particular:
…expanding an existing general license that authorizes the exportation or reexportation of food to individuals and entities in Iran to include the broader category of agricultural commodities. The rule also clarifies and adds certain definitions in OFAC regulations. Finally, the rule adds a new general license that authorizes the exportation or reexportation of certain replacement parts for certain medical devices.
and here are the updated FAQ questions:
361. What items and persons are excluded from the agricultural commodities general license in the Iranian Transactions and Sanctions Regulations?
The specified items excluded from the scope of the agricultural commodities general license are: castor beans, castor bean seeds, certified pathogen-free eggs (unfertilized or fertilized), dried egg albumin, live animals (excluding live cattle), embryos (excluding cattle embryos), Rosary/Jequirity peas, non-food-grade gelatin powder, peptones and their derivatives, super absorbent polymers, western red cedar, and all fertilizers.
The persons excluded from the scope of the agricultural commodities general license are Iranian military or law enforcement purchasers or importers. In addition, the agricultural commodities general license does not authorize any transaction or dealing with any person whose property and interests in property are blocked, or who is designated or otherwise subject to any sanction, under the terrorism, proliferation of weapons of mass destruction, or narcotics trafficking programs administered by OFAC, among others.
Exports or reexports involving the specified items or excluded persons discussed above continue to require the level of review afforded by specific licensing and therefore are not authorized by the agricultural commodities general license. [4-7-2014]
362. Is the export or reexport of non-U.S.-origin agricultural commodities, medicine, or medical devices to Iran authorized?
Yes. The definitions of the terms “agricultural commodities,” “medicine,” and “medical device” used in the relevant general licenses in the Iranian Transactions and Sanctions Regulations include, in the case of items subject to the Export Administration Regulations (EAR), items that are designated as EAR99 and, in the case of items not subject to the EAR, items that would be designated as EAR99 if they were located in the United States. For example, under the agricultural commodities general license, a company located in the United States would be authorized to arrange for the export from a third country to Iran of agricultural commodities produced in the third country if those commodities would be designated as EAR99 if they were located in the United States, provided that all conditions of the general license are otherwise satisfied. [4-7-2014]
363. Is the export or reexport by non-U.S. persons of agricultural commodities, medicine, or medical devices to Iran authorized?
Yes. A non-U.S. person may export or reexport agricultural commodities, medicine, or medical devices to Iran under the relevant general licenses in the Iranian Transactions and Sanctions Regulations, provided that the items are subject to the EAR and all conditions of the relevant general license are otherwise satisfied. For example, a non-U.S. person would be authorized under the medicine and medical supplies general license to arrange for the export or reexport to Iran of EAR99 medicines located in the United States or a third country.
In addition, an entity owned or controlled by a U.S. person and established or maintained outside the United States (a “U.S.-owned or -controlled foreign entity”) may export or reexport agricultural commodities, medicine, and medical devices to Iran under the relevant general licenses in the Iranian Transactions and Sanctions Regulations (including both items subject to the EAR and items not subject to the EAR), provided that all conditions of the relevant general license are otherwise satisfied. For example, a U.S.-owned or -controlled foreign entity would be authorized under the medicine and medical supplies general license to arrange for the reexport to Iran of EAR99 medicines, as well as the export to Iran of medicines not subject to the EAR (e.g., medicines produced outside the U.S. by a non-U.S. person with no controlled U.S. content) that would be designated as EAR99 if they were located in the United States. [4-7-2014]
364. Who can apply for a specific license if an export or reexport to Iran is not authorized by general license?
If an export or reexport is not authorized by general license, any U.S. person, wherever located, or U.S.-owned or -controlled foreign entity may apply for a specific license. For example, a U.S.-owned or controlled foreign entity may apply for a specific license for the export or reexport to Iran of agricultural commodities excluded from the scope of the agricultural commodities general license, such as live animals. [4-7-2014]
365. What is authorized with respect to brokerage services related to exports or reexports of agricultural commodities, medicine, or medical devices to Iran?
U.S. persons continue to be authorized to provide brokerage services on behalf of U.S. persons for the sale and exportation or reexportation by U.S. persons of agricultural commodities, medicine, and medical devices to Iran, provided that the sale and exportation or reexportation itself is authorized by either general or specific license. [4-7-2014]
366. Do I still need to come in to OFAC for a license to export certain types of agricultural commodities to Iran?
OFAC will no longer be issuing specific licenses for exports or reexports that are covered by the agricultural commodities general license in the Iranian Transactions and Sanctions Regulations.
However, a small number of specified agricultural commodities and certain persons are excluded from the agricultural commodities general license and continue to require the level of review afforded by specific licensing. As a result, persons seeking authorization for the exportation or reexportation to Iran of castor beans, castor bean seeds, certified pathogen-free eggs (unfertilized or fertilized), dried egg albumin, live animals (excluding live cattle), embryos (excluding cattle embryos), Rosary/Jequirity peas, non-food-grade gelatin powder, peptones and their derivatives, super absorbent polymers, western red cedar, or all fertilizers, or for the exportation or reexportation of any agricultural commodities to Iranian military or law enforcement purchasers or importers, must still obtain a specific license from OFAC.
The agricultural commodities general license in the Iranian Transactions and Sanctions Regulations also does not authorize any transaction or dealing with a person whose property and interests in property are blocked, or who is designated or otherwise subject to any sanction, under the terrorism, proliferation of weapons of mass destruction, or narcotics trafficking programs administered by OFAC, among others. [4-7-2014]
367. What is the definition of a “bioactive peptide”?
For purposes of the relevant exclusion from the agricultural commodities general license in the Iranian Transactions and Sanctions Regulations, the term “bioactive peptide” means an item that must be less than 50 amino acids in length and bioactive (antioxidant, antiallergic, antimicrobial, antithrombotic, antiatherogenic, hypoglycaemic, anti-inflammatory, antitumor, cytostatic, immunosuppressive properties, or hepatoprotective properties.) [4-7-2014]
Links:
TSRA Final Rule (in Federal Register)