OFAC Issues Guidance on Humanitarian-Related Transactions Involving Syria
The Office of Foreign Assets Control issued guidance April 5 clarifying that it generally won’t pursue sanctions against humanitarian-related transactions or exports to Syria as long as the items wouldn’t normally require an OFAC license. The guidance was issued about a week after the U.S. committed to providing more humanitarian aid to respond to the Syria crisis.
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In newly issued frequently asked question 884, OFAC said it doesn’t consider such transactions “significant” -- and therefore won’t pursue secondary sanctions against foreign people or entities -- if the transactions normally wouldn't require a U.S. person to obtain a license. The agency also said nongovernmental organizations and foreign banks don’t risk sanctions exposure under the Caesar Syria Civilian Protection Act for conducting transactions authorized for U.S. people under an OFAC general license. The agency said the guidance doesn't apply to transactions that may be subject to sanctions under other sanctions programs or that involve blocked parties.
In FAQ 885, OFAC said U.S. and non-U.S. people can export humanitarian goods to Syria “without the risk of sanctions,” adding that export of U.S.-origin food and most medicine doesn’t require either an OFAC or a Commerce Department license. The agency also said services that are “ordinarily incident to the export or reexport of certain non-U.S.-origin food and most medicines” don't require a license. But OFAC said exporters with specific questions about items subject to the Export Administration Regulations should contact the Bureau of Industry and Security's Foreign Policy Division.
OFAC said it “remains committed to ensuring that humanitarian assistance can flow” to Syria and will continue to maintain a “favorable policy” for aid. The agency encouraged exporters and companies to reach out to its Sanctions Compliance and Evaluation Division with questions.