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623. Is there a wind-down or safe harbor provision for Section 8 of E.O. 13846?


No. Section 8 of E.O. 13846 continues in effect the prohibition previously contained in section 4 of E.O. 13628, which — consistent with subsection 218(d) of the TRA — provided that civil penalties would not apply if a U.S. person that owns or controls the foreign entity divested or terminated its business with the U.S.-owned or -controlled foreign entity not later than February 6, 2013. Because the relevant prohibition came into effect more than five years ago and a wind-down period was provided at that time, Section 8 of E.O. 13846 does not include such a wind-down authorization.

Please note, however, that section 560.537 of the ITSR authorizes — through 11:59 p.m. EST on November 4, 2018 — all transactions and activities ordinarily incident and necessary to the wind down of activities that had been authorized under the now-revoked Iran General License H. To the extent a U.S.-owned or -controlled foreign entity or a U.S. person is engaging in wind-down activities pursuant to section 560.537 of the ITSR, those activities should be completed prior to the general license’s expiration at 11:59 p.m. EST on November 4, 2018.

Date Released
August 6, 2018