The Treasury Department, Office of Foreign Assets Control (OFAC) yesterday published guidance related to the shipment of spare parts for medical devices initially exported pursuant to a Trade Sanctions Reform Act (TSRA) license. It also addresses what exporters need to do when medical devices breaks and need to be returned for repair. Under both scenarios, OFAC will require the exporter to submit a new license application for a specific license to either export the spare parts to the end-user or to import the medical device to the United States for repairs.
Clif Burns over at the Export Law Blog penned an item on the new advisory. He states, in part, that “rather than saying simply that exports of replacement parts are ordinarily incident to the export of medical device itself, and therefore allowed, OFAC imposes burdensome conditions on those exports.” Indeed. OFAC may have some unknown reason, likely driven by Iran considerations, not the Sudan; however, it seems somewhat duplicative and likely regulatory overkill.
Read the complete advisory, here.