[Ws2-jurisdiction] OFAC: Background Reading -- a few FAQs and Overviews

[Arasteh]

Dear Greg
Thank ou again for the materials 
 that you have provided.
What I need are different from those provided.
I wish to know how ICANN had applied given terms and sanctions in regard with request for a domain name at different levels through inclusion or otherwise a clause in the Registry and/ or Registrar.
Samantha could present the way ICANN is implementing or applying OFAC Terms /Clauses
Regards
Kavouss



Sent from my iPhone

> On 31 Jul 2017, at 09:18, Nigel Roberts <nigel at channelisles.net> wrote:
> 
> OFAC applies, it seems, to ALL countries, not a few
> 
> See answer 10 at
> https://www.treasury.gov/resource-center/faqs/Sanctions/Pages/faq_general.aspx#licenses
> 
> 
> The real key as to whether ICANN and/or PTI is seriously affected by OFAC depends not so much on the countries to which OFAC applies (to which, for the reasons above the answer is "ALL"), but to the true construction of the expression "prohibited transaction".
> 
> OFAC's own website gives a fairly general and broad definition: " trade or financial transactions and other dealings in which U.S. persons may not engage unless authorized by OFAC or expressly exempted by statute."
> 
> But what matters is the detail of the statute and the regulations issued under it.
> 
> 
> Nonetheless, if ICANN, or PTI does not engage in prohibited transactions for which a license would be required, then the effect of the OFAC system is going to be negligible, or insignificant.
> 
> (Unfortunately, risk aversion, an over-abundance of caution, and a 'box-ticking' approach might result in an inappropriately disproportionate approach to compliance "just to make sure").
> 
> Which is a risk in itself.
> 
> 
> 
>> On 31/07/17 07:53, Arasteh wrote:
>> Greg
>> Tks for the info which are available on GOOGLE but nor quickly as you
>> gathered.
>> Appreciation for that
>> I request you to kindly collect the names of countries to which OFAC
>> applies by ICANN
>> Kavouss
>> 
>> Sent from my iPhone
>> 
>> On 31 Jul 2017, at 08:40, Greg Shatan <gregshatanipc at gmail.com
>> <mailto:gregshatanipc at gmail.com>> wrote:
>> 
>>> All,
>>> 
>>> I thought it might be helpful to provide some background information
>>> on OFAC  in advance of Tuesday's meeting.  These are intended to
>>> provide overall information on OFAC, not analysis of the relationshipO
>>> between OFAC compliance and ICANN.  If there are other helpful general
>>> resources, please reply to this email.
>>> 
>>> OFAC FAQ, General Questions:
>>> https://www.treasury.gov/resource-center/faqs/Sanctions/Pages/faq_general.aspx#basic
>>> 
>>> A basic overview of OFAC compliance for US-based businesses (a little
>>> old (2011), but still helpful):
>>> https://www.law360.com/articles/262952/4-steps-toward-ofac-sanctions-compliance
>>> (Also attached as PDF in case the link can't be accessed)
>>> 
>>> Good overview, though oriented toward banks and financial
>>> institutions, from FFIEC (Federal Financial Institutions Examination
>>> Council, a US inter-agency body empowered to prescribe uniform
>>> principles, standards, and report forms for the federal examination of
>>> financial institutions):
>>> https://www.ffiec.gov/bsa_aml_infobase/pages_manual/olm_037.htm
>>> 
>>> Wikipedia
>>> https://en.wikipedia.org/wiki/Office_of_Foreign_Assets_Control
>>> 
>>> IEEE and OFAC:
>>> https://www.ieee.org/about/corporate/compliance/legal/ofac/DF_IEEE_MIG_NAV_94987
>>> 
>>> 
>>> 
>>> 
>>> Greg
>>> <4 Steps Toward OFAC Sanctions Compliance.docx>
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>> 
>> 
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