Today the Department of the Treasury issued guidance concerning the implementation of section 1245 of the National Defense Authorization Act (NDAA).
The guidance clarifies a number of issues related to the implementation of the NDAA provision as it relates to foreign governments, financial institutions, and other interested parties. Among other topics, the guidance addresses the scope of institutions that may be subject to sanctions under the NDAA, the nature of the transactions that are covered, and how the Administration will approach the determination of what qualifies as a “significant reduction” in a country’s purchases of crude oil from Iran.
Executive Order 13599 delegates to the Secretary of the Treasury, in consultation with the Secretary of State, authority to determine whether a foreign financial institution has engaged in significant transactions of the type that trigger sanctions under the Act. The Secretary of State, in consultation with the Secretary of the Treasury, the Secretary of Energy, and the Director of National Intelligence, is delegated authority to determine whether any country has significantly reduced the volume of its crude oil purchases from Iran.