On 8 August 2023, the US Department of the Treasury’s Office of Foreign Assets Control (OFAC) issued the OFAC Compliance Communique: Guidance for the Provision of Humanitarian Assistance to Syria. The guidance responds to specific questions that OFAC received from the non-governmental organization (NGO) community and the general public related to the provision of humanitarian assistance to the Syrian people. In addition, OFAC amended Frequently Asked Question 937 related to the Syria NGO general license.
On 11 May 2023, the Committee on Foreign Investment in the United States (CFIUS) issued a Frequently Asked Question (FAQ), which calls into question the use of “springing rights,” a broadly used instrument to expedite financings while complying with mandatory filing requirements. The FAQ addresses the timing for when a filing must be made for a transaction triggering a mandatory filing. Since implementation of the mandatory filing requirements, transaction parties have used springing or deferred rights to allow financings to proceed while those rights triggering a CFIUS filing are deferred or held in abeyance until after CFIUS clearance.
On 30 March 2023, the White House and US Department of Commerce’s Bureau of Industry and Security announced human rights and export control measures that underscore the US Government’s focus on human rights as a matter of foreign policy. The White also issued a Fact Sheet that includes these announcements and other sanctions and export control provisions.