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

[parminder]

Nigel

Are you suggesting that ICANN's dealings with registries, gTLD or ccLTD,
may not even be a matter covered under OFAC, meaning even if an OFAC
sanction is in force, it would not cover ICANN's dealings with a gTLD of
ccTLD owned by a person within a sanctioned country? Do correct me if
that is not what you are saying.

Well, we should then certainly ask ICANN legal this question:

Are ICANN's interactions with gTLDs and ccTLDs covered under sanctions
assuming an OFAC sanction is in force over the country/ persons concerned?

This should clear the matter.

Greg, may I request ICANN legal also responds to the above question that
arises from Nigel's email...

parminder


On Monday 31 July 2017 12:48 PM, Nigel Roberts 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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