The United States government is working with the international community to provide urgently needed humanitarian assistance to the Syrian people while applying comprehensive sanctions against the Government of Syria and targeted sanctions on key individuals and entities supporting the Assad regime, in order to continue pressuring the Syrian government to stop its human rights abuses and other illicit activities. The following frequently asked questions provide an overview of the U.S. Department of the Treasury’s Syria sanctions program and guidance to the public on sending remittances, goods and services, and charitable assistance to Syria.
For additional Treasury guidance on protecting charitable donations from abuse, please view this document or visit this website: www.treasury.gov/resource-center/terrorist-illicit-finance/Documents/Treasury%20Charity%20FAQs%206-4-2010%20FINAL.pdf. Additional questions may be directed to Treasury’s Office of Foreign Assets Control (OFAC) hotline at (800) 540-6322 or (202) 622-2490.
225. Why does the United States have sanctions against Syria and what does that mean for me?
The United States has sanctioned the Syrian government, including the Central Bank of Syria, senior Syrian government officials, and individuals and entities supporting the Assad regime and/or responsible for human rights abuses in Syria, in order to reinforce the President’s call that Bashar al-Assad step down and to disrupt the Assad regime’s ability to finance its campaign of violence against the Syrian people. In addition, Treasury has sanctioned the Commercial Bank of Syria and a number of other entities under Executive Order 13382, an authority that targets proliferators of weapons of mass destruction (WMD) and their supporters. Over the years Treasury has applied a broad range of sanctions using several different authorities and Executive orders (E.O.s), including counter-terrorism (E.O. 13224), human rights abuses (E.O. 13572), and non-proliferation (E.O. 13382). The United States has also prohibited the exportation of services to Syria, and there have long been legal restrictions on what goods U.S. persons can export to Syria.
These sanctions mean that U.S. persons are not permitted to do business with individuals or entities on OFAC’s Specially Designated Nationals and Blocked Persons List (SDN List) [link to list], or with any entity 50 percent or more owned by an Specially Designated National (SDN), unless exempt or authorized by OFAC through a general or specific license.
Recognizing that the Syrian people need many critical services and goods, OFAC has issued several general licenses that, among other things, allow all U.S. persons to send non-commercial, personal remittances to Syrian persons without needing to apply to OFAC for a separate or specific license. Moreover, U.S. persons may donate humanitarian goods like food and medicine to people in Syria, as long as such donations are consistent with Commerce and OFAC regulations. Seehttp://www.treasury.gov/resource-center/faqs/Sanctions/Pages/ques_index.aspx#syr.
Finally, OFAC has also issued a general license to allow nongovernmental organizations (NGOs) to engage in not-for-profit activities in Syria in support of humanitarian projects, democracy-building, education, and non-commercial development projects directly benefitting the Syrian people. Copies of all OFAC general licenses issued for Syria can be found here: http://www.treasury.gov/resource-center/sanctions/Programs/Pages/syria.aspx. For any activities that fall outside of these general licenses, specific authorization from OFAC would be required, unless the transactions fall within a small category that are exempt from regulation by statute.
As mentioned above, one of the goals of the U.S. sanctions on Syria is to reinforce the President’s call for Bashar al-Assad to step down and to disrupt the Assad regime’s ability to finance its campaign of violence against the Syrian people. OFAC can issue a specific license to authorize particular transactions that may otherwise be prohibited by the sanctions, as long as those transactions are in the foreign policy interests of the United States. For example, specific licenses may be issued on a case-by case basis to authorize charitable donations of funds that would otherwise be prohibited by the Syrian sanctions regime.
Yes. OFAC General License No. 6 authorizes U.S. depository institutions, including banks, and U.S.-registered money transmitters, to process non-commercial, personal remittances to or from Syria, or for or on behalf of an individual ordinarily resident in Syria, provided the funds transfer is not by, to, or through the Government of Syria or any other person designated or otherwise blocked by OFAC. Such transactions do not require further authorization from OFAC. If banks or other institutions have questions about processing remittances, they can contact OFAC’s Sanctions Compliance and Evaluation Division via the OFAC hotline at (800) 540-6322 or (202) 622-2490.
228. May I send personal remittances through the Commercial Bank of Syria, the Syrian-Lebanese Commercial Bank, or the Syria International Islamic Bank (SIIB) to family or friends in Syria?
No. General License No. 6 does not authorize any transactions involving individuals or entities designated under E.O. 13382, which targets proliferators of weapons of mass destruction and their supporters, including the Commercial Bank of Syria, the Syrian Lebanese Commercial Bank, and the SIIB. On August 10, 2011, under Executive Order 13382, the Department of the Treasury designated the Commercial Bank of Syria for its involvement in proliferation activities, and also designated its subsidiary, the Syrian-Lebanese Commercial Bank. On May 30, 2012, the Department of the Treasury also designated the SIIB. Therefore, the use of these financial institutions is not authorized by General License No. 6.
No. You may send U.S.-origin food or medicine to Syria without a specific license from OFAC. The Department of Commerce, Bureau of Industry and Security (“BIS”), which maintains jurisdiction over the export of most items to Syria, does not require a license for the export of U.S.-origin food and most medicine to Syria. For further guidance regarding the exportation of items to Syria, including a list of such items, please review the BIS Syria Web page,http://www.bis.doc.gov/policiesandregulations/syriaguidance8_07_09.htm or contact BIS by phone at (202) 482-4252.
Yes. U.S. persons can give a charitable donation to U.S. or third-country NGOs, but U.S. persons cannot send such a donation directly to Syria or a Syrian entity without a specific license in order to try to protect the donations from being misused. U.S. depository institutions, including banks, and U.S.-registered money transmitters, are allowed to process transfers of funds to or from Syria on behalf of U.S. NGOs and third-country NGOs in support of the not-for-profit activities described in OFAC General License No. 11.*
These not-for-profit activities include: (1) activities to support humanitarian projects to meet basic human needs in Syria, including drought relief, assistance to refugees, internally displaced persons, and conflict victims, food and medicine distribution, and the provision of health services; (2) activities to support democracy building in Syria, including rule of law, citizen participation, government accountability, and civil society development projects; (3) activities to support education in Syria, including combating illiteracy, increasing access to education, and assisting education reform projects; and (4) activities to support non-commercial development projects directly benefiting the Syrian people, including preventing infectious disease and promoting maternal/child health, sustainable agriculture, and clean water assistance.
General License No. 11 does not authorize transactions with the Government of Syria or other blocked persons, except for limited transactions with the Government of Syria that are necessary for the above-described not-for-profit activities, such as payment of taxes and other fees.
*For guidance on specific questions with respect to charitable donations, NGOs, and the scope of General License No. 11, please reach out to OFAC. Contact information may be found here: www.treasury.gov/about/organizational-structure/offices/Pages/Office-of-Foreign-Assets-Control.aspx#fragment-7
231. Can U.S. NGOs deliver humanitarian assistance directly to Syria?
Yes. U.S. NGOs may provide services to Syria in support of humanitarian projects in Syria without the need for a specific license from OFAC because this activity is covered under OFAC General License No. 11. However, other U.S. government authorities, including the BIS export requirements, may apply to the delivery of humanitarian assistance to Syria. For further guidance, please review the BIS Syria Web page http://www.bis.doc.gov/policiesandregulations/syriaguidance8_07_09.htmor contact BIS or contact BIS by phone at (202) 482-4252.
NGOs considering entering Syria to conduct assistance operations should be aware that areas of Syria are extremely unstable and dangerous, and should review the State Department’s Travel Warning for Syriahttp://travel.state.gov/travel/cis_pa_tw/cis/cis_1035.html.
U.S. persons should exercise caution not to engage in prohibited transactions with the Syrian Government or any individual or entity on OFAC’s SDN list.
232. As an individual, can I send financial donations directly to Syria in support of charitable activities under General License No. 11?
No. Without a specific license, U.S. persons are not permitted to transfer financial donations directly to Syria or to NGOs in Syria. Therefore, if you wish to donate funds in support of humanitarian work in Syria, you may do so by giving funds to U.S. or third-country NGOs to support not-for-profit activities in Syria, per General License No. 11 and as described above.
If you still wish to send a charitable donation directly to Syria or to a Syrian NGO, you may apply to OFAC for specific authorization to transmit such funds. You should provide as much information as possible about how the funds would be transferred, the recipients, and the end use of the funds. Although General License No. 6 does not authorize charitable donations, as mentioned above non-commercial, personal remittances can be sent to Syria under GL No. 6.
Posted with BlogsyFiled under: Guidance, OFAC Updates, Sanctions Programs, Sanctions Regulations, Syrian Sanctions
