Effective Jan. 16 the United States has lifted its nuclear-related secondary sanctions against Iran following the United Nations’ determination that Iran has complied with specified commitments under the Joint Comprehensive Plan of Action aimed at reducing the country’s capability to produce nuclear weapons. However, the U.S. trade embargo against Iran remains in place and U.S. persons and entities are still prohibited from virtually all dealings with Iranian entities. In addition, the U.S. will continue to target sanctionable activities outside of the JCPOA, including those related to Iran’s support for terrorism, regional destabilization, human rights abuses and ballistic missile development.
New General License H issued by the Treasury Department’s Office of Foreign Assets Control allows only non-U.S. subsidiaries of U.S. parent companies to engage in the following activities with respect to Iran without a license.
Insurance – provide underwriting services, insurance or reinsurance for activities authorized by the JCPOA
Energy and petrochemicals – purchase, acquire, sell, transport or market petroleum, petroleum products or natural gas to or from Iran, including providing investment (including joint ventures), goods, services (including financial) and technology for use in the development of these sectors and associated services
Shipping, shipbuilding and ports – own, operate, control or insure a vessel used to transport crude oil or petroleum products, operate a port in Iran, engage in activities with or provide financial services and other goods in connection with the shipping, shipbuilding sectors and associated services
Gold and other precious metals – sell, supply, export or transfer gold and other precious metals, directly or indirectly, to or from Iran or conduct or facilitate financial transactions or provide services for the foregoing including security, insurance, and transportation and associated services
Software and metals – sell, supply or transfer, directly or indirectly, graphite, raw or semi-finished metals such as aluminum and steel, coal and software for integrating industrial processes to or from Iran and the sale or supply of such materials to the industries above and associated services
Automotive – sell, supply or transfer to Iran goods and services used in connection with the automotive sector in Iran, including associated services
Commercial aircraft – sell, export, reexport, lease or transfer commercial passenger aircraft and related parts and services (warranty, maintenance and repair) to Iran for civil aviation end-use and associated services
Financial and banking – engage in activities including financial and banking transactions with the government of Iran, the Central Bank of Iran, Iranian financial institutions and other Iranian persons, including the provision of loans, transfers, accounts (including the opening and maintenance of correspondence and payable through accounts at non-U.S. financial institutions), investments, securities, guarantees, foreign exchange, letters of credit and commodity futures or options, specialized messaging services and facilitation directly or indirectly for the government of Iran’s purchase of U.S. bank notes and the purchase, subscription to, or facilitation of the issuance of Iranian foreign debt
However, General License H carves out two exceptions to the prohibition on U.S. persons facilitating the above activities: (1) they may change their policies to allow for owned or controlled non-U.S. subsidiaries to engage in permissible transactions with Iran, and (2) they can allow non-U.S. subsidiaries access to automated or globally integrated business support systems such as telecommunications, email, accounting, etc. that utilizes a U.S. server as long as no U.S. person performs any physical input, such as data entry.
In addition to issuing this general license, OFAC has removed more than 400 individuals and entities from its List of Specially Designated Nationals and Blocked Persons, Foreign Sanctions Evaders List and/or Non-SDN Iran Sanctions Act List, as appropriate. As of Jan. 16, non-U.S. persons are longer subject to sanctions for conducting transactions with any of these individuals and entities, including the Central Bank of Iran and the specified Iranian financial institutions, provided these transactions do not involve persons on the SDN List after that date or certain prohibited conduct.
OFAC has also issued a statement of licensing policy allowing for the case-by-case licensing of U.S. persons and entities to sell, export, reexport, lease or transfer commercial passenger aircraft and related parts and services (warranty, maintenance and repair) to Iran for exclusively civil aviation end-use.
Finally, OFAC has issued a separate general license that, effective upon publication in the Federal Register, will allow U.S. imports of Iranian-origin carpets and foodstuffs, including pistachios and caviar.
Copyright © 2021 Sandler, Travis & Rosenberg, P.A.; WorldTrade Interactive, Inc. All rights reserved.