بانک‌ها در برابر ایرانی-آمریکایی‌ها تبعیض قائل می‌شوند – این اقدامی است که ما در مورد آن انجام می‌دهیم

,دوست عزیز

سال‌هاست که بسیاری از ایرانی-آمریکایی‌ها، تنها به دلیل تبارِ ایرانی‌شان، با بسته‌شدن حساب‌های بانکی خود مواجه می‌شوند. این نوعی تبعیضِ آزاردهنده است که می‌تواند فرد را در حالی که منتظر آزادشدن پس‌انداز و سرمایه‌ی زندگی‌اش است، با مشکلات مالی بسیاری روبه‌رو کند.

بانک‌ها در گفت‌وگو با ما توضیح می‌دهند که این کار، نوعی اقدام احتیاطی برای پیروی از تحریم‌های آمریکاست که اشخاص را از کار کردن با حساب‌های بانکی در ایران منع می‌کند. در حالی که قانون این اقدام را طلب نمی‌کند، بسیاری از بانک‌ها ریسک تبعیض علیه ایرانیان آمریکا را به ریسک نقض تحریم‌ها ترجیح می‌دهند.

به همین خاطر، امروز شورای ملی ایرانیان آمریکا (نایاک) تقاضانامه‌ای را تنظیم می‌کند که از وزارت خزانه‌داری می‌خواهد تا با تغییر رسمی قانون، به آمریکاییان اجازه دهد که بتوانند با حساب‌های بانکی در ایران کار کنند. این عمل، هزینه‌ای برای ایالات متحده ندارد و باید به کارکرد بانک‌ها در قبال بستن حساب‌های ایرانی-آمریکایی‌ها و شهروندان ایرانی ساکن آمریکا پایان دهد. علی‌رغم این‌که انتظار داریم بازبینی این روند طولانی و زمان‌بر باشد، اما بر این باوریم که در نهایت می‌توانیم این قانون را تغییر دهیم و به اقدام تبعیض‌آمیز بانک‌ها در قبال جامعه‌مان پایان بخشیم.

علاوه بر این، بیشترین شکایت‌هایی که تاکنون دریافت کرده‌ایم، به عملکرد بانک آمریکا باز می‌گردد. با وجود تلاش‌های متعدد از سال ۲۰۱۴ در جهت مجاب‌کردن بانک آمریکا برای تغییر سیاست‌هایش در قبال اشخاصی که عضو جامعه‌ی ما هستند، این بانک کماکان بدون هشدار یا با اطلاع رسانی کوتاه، به بستن حساب‌های ایرانی-آمریکایی‌ها ادامه می‌دهد.

به همین دلیل، ما بار دیگر نامه‌ای به بانک آمریکا فرستاده‌ایم تا برای این نهاد روشن کنیم که تحریم‌ها، آنان را به بستن حساب شهروندان معمولی مقیم آمریکا مجبور نمی‌کند و تصریح کرده‌ایم که برای حفاظت از منافع جامعه ایرانی در آمریکا، گزینه‌ی اقدام حقوقی را باز گذاشته‌ایم تا به رفتار تبعیض‌آمیز این بانک پایان دهیم.

اگر شما از جانب یک بانک با تبعیض مشابه روبه‌رو شده‌اید یا حساب‌تان مسدود شده، از شما می‌خواهیم که روایت‌تان را با ما در میان بگذارید تا بتوانیم پرونده مستندی تهیه کنیم برای اثبات این موضوع که این رفتار تبعیض‌آمیز باید خاتمه یابد. هر چه مثال‌های بیشتری داشته باشیم، پرونده‌هایمان برای تقاضای تغییر قانون در وزارت خزانه‌داری و پایان‌دادن به تبعیض‌های بانک آمریکا، محکم‌تر می‌شود.

داستان خود را این‌جا به اشتراک بگذارید

این را بدانید که ما از تلاش برای شما بازنخواهیم ایستاد؛ خواه در برابر وزارت خزانه‌داری دولت ترامپ باشد، خواه بانک آمریکا، یا هر کس دیگری که به جامعه ایرانی در آمریکا آسیب وارد کند.

با احترام،
جمال عبدی
رئیس شورای ملی ایرانیان آمریکا

گزینه کمک‌های مالی

NIAC Calls for Treasury to Protect Iranian Americans from Bank Account Closures

فارسی

For years, Iranian Americans have had their bank accounts shuttered as a direct result of their Iranian national origin or heritage. This is a form of discrimination that is profoundly damaging, throwing individuals into financial limbo while they wait to see if and when the bank will release their life savings. If you have faced discrimination from a bank account or had your account frozen, consider sharing your story so that we can build a documented case for why these discriminatory actions need to halt. 

Banks cite this as precautionary efforts to abide by U.S. sanctions that prohibit individuals from operating bank accounts in Iran. While not technically required by law, many of these banks judge that the risk of running afoul of sanctions outweighs the risk of engaging in discrimination against Iranian Americans. 

This is why NIAC is petitioning the Department of Treasury for a formal rule change to license Americans to operate bank accounts from Iran. We believe that we can change this rule and end these bank’s discriminatory actions against our community. 

A significant majority of complaints we have received come as a result of actions from Bank of America. Despite multiple efforts since 2014 by NIAC to engage Bank of America to fix their policies, Bank of America continues to engage in account closures of Iranian Americans.

That is why NIAC has again sent a letter to Bank of America clarifying that sanctions do not obligate them to close bank accounts of individuals ordinarily resident in the United States, while holding the option open to take legal action to protect the interests of Iranian Americans and bring an end to their discriminatory treatment at Bank of America.

Know that NIAC will not stop fighting for you, whether we are up against Trump’s Treasury, Bank of America, or anyone else harming Iranian Americans.


Download a PDF of the letter here

July 19, 2019

Re:      Request for Rulemaking—Iranian Transactions and Sanctions Regulations

            31 C.F.R. Parts 501 and 560

Dear Ms. Gacki:

The National Iranian American Council (“NIAC”)—the largest grassroots organization in the United States representing the interests of Iranian Americans—respectfully petitions the United States Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) for the issuance of a rule providing license authorization for certain transactions prohibited pursuant to the Iranian Transactions and Sanctions Regulations (“ITSR”), 31 C.F.R. Part 560. This request is made pursuant to 5 U.S.C. § 555(b) and 31 C.F.R. § 501.804(b), the latter of which is applicable to the ITSR by virtue of 31 C.F.R. § 560.101.

NIAC requests that OFAC promulgate a rule providing license authorization for U.S. persons to operate accounts of persons in Iran consistent with license authorizations that have been promulgated with respect to other U.S.-embargoed countries and jurisdictions, including, for instance, Syria and the Crimea region of Ukraine. We believe that such a license authorization will help resolve a problem that has become endemic to the Iranian-American community—namely, the difficulties Iranian Americans have had opening and maintaining bank accounts at U.S. financial institutions. 

Over the past few years, NIAC has heard from countless Iranian-American citizens and Iranian nationals in the United States who have faced continuous harassing inquiries from their banking institutions regarding their legal status and physical presence in the United States and have had their banking accounts shuttered and their life savings mailed back to them via the postal service. Such actions cause tremendous disruptions in the lives of U.S. citizens and Iranian nationals present in the United States, impacting their finances and very well-being, for no reason other than their Iranian heritage. Some individuals who have had their bank accounts shuttered have never even traveled to Iran. 

Banks have justified their behavior with near-unanimous resort to the requirements of U.S. law under the ITSR, including, for instance, the prohibition on the provision of financial services to Iran. While NIAC has repeatedly pointed out to U.S. financial institutions that the ITSR does not require them to deny financial services to Iranian Americans who are neither ordinarily resident nor physically present in Iran, this has not mitigated banks’ practices. U.S. banks have made a ‘risk-based decision’ based on U.S. sanctions under which servicing the accounts of Iranian Americans is not worth the risk inherent in falling afoul of the law.  

We believe that it is OFAC’s responsibility to remedy this situation. We are herein proposing that OFAC adopt a rule similar in scope of that found in the Syrian Sanctions Regulations, 31 C.F.R. Part 542, or the Ukraine-Related Sanctions Regulations, 31 C.F.R. Part 589. For instance, § 542.515 of the Syrian Sanctions Regulations authorizes the operation of accounts in a U.S. financial institution for an individual in Syria other than a blocked individual, provided that transactions processed through the account (1) are of a personal nature; (2) do not involve transfers directly or indirectly to Syria or for the benefit of individuals ordinarily resident in Syria unless otherwise authorized; and (3) are not otherwise prohibited by the Syrian Sanctions Regulations. We believe that such a general license authorization can mitigate the risk that U.S. banks believe to be associated with handling the accounts of Iranian Americans.  

We also believe that this proposed license authorization is an important starting point with which OFAC may consider a remedy to this ongoing problem. NIAC welcomes the opportunity to start a dialogue with OFAC regarding the best path forward to ensuring that Iranian Americans are not unduly harmed by the U.S.’s trade embargo with Iran. Being unable to procure basic banking services in the United States—a country in which Iranian Americans live (and for some, have only lived)—is understandably an issue of immediate concern, and we trust that OFAC will dedicate the necessary resources to working towards an imminent solution.   

As part of this request for rulemaking, NIAC also intends to provide supplementary materials to OFAC to underline the immediate nature of the problem and to provide additional proposals to resolve the issue. This may include testimony for members of the Iranian-American community who have been especially affected by the practices of U.S. banking institutions. NIAC is also prepared to respond to any inquiries or requests for clarification that OFAC may have regarding this matter.

We thank OFAC ahead of time for its consideration of this issue, and we look forward to being in touch with the agency regarding a mutually satisfactory path forward.  

Sincerely,  

Jamal Abdi

President, National Iranian American Council

NIAC Calls for Bank of America to Stop Closures of Iranian American Bank Accounts

فارسی

For years, Iranian Americans have had their bank accounts shuttered as a direct result of their Iranian national origin or heritage. This is a form of discrimination that is profoundly damaging, throwing individuals into financial limbo while they wait to see if and when the bank will release their life savings. If you have faced discrimination from a bank account or had your account frozen, consider sharing your story so that we can build a documented case for why these discriminatory actions need to halt. 

Banks cite this as precautionary efforts to abide by U.S. sanctions that prohibit individuals from operating bank accounts in Iran. While not technically required by law, many of these banks judge that the risk of running afoul of sanctions outweighs the risk of engaging in discrimination against Iranian Americans. 

This is why NIAC is petitioning the Department of Treasury for a formal rule change to license Americans to operate bank accounts from Iran. We believe that we can change this rule and end these bank’s discriminatory actions against our community. 

A significant majority of complaints we have received come as a result of actions from Bank of America. Despite multiple efforts since 2014 by NIAC to engage Bank of America to fix their policies, Bank of America continues to engage in account closures of Iranian Americans.

That is why NIAC has again sent a letter to Bank of America clarifying that sanctions do not obligate them to close bank accounts of individuals ordinarily resident in the United States, while holding the option open to take legal action to protect the interests of Iranian Americans and bring an end to their discriminatory treatment at Bank of America.

Know that NIAC will not stop fighting for you, whether we are up against Trump’s Treasury, Bank of America, or anyone else harming Iranian Americans.


Download a PDF of the letter here

July 19, 2019

Dear Mr. Leitch:

I am writing on behalf of the National Iranian American Council (“NIAC”), the largest grassroots organization in the United States representing the interests of Iranian Americans, regarding Bank of America’s treatment of its U.S. customers of Iranian origin. Over the past several years, we have received persistent questions and complaints from Iranian Americans and Iranian nationals in the U.S. whose bank accounts have been abruptly closed by Bank of America – in some cases without notice and in other cases even when documents requested by the bank were submitted by these customers that confirmed that the provision of services to such customers was lawful. Our review of this material indicates that Bank of America has adopted policies and practices that are clearly discriminatory towards customers of Iranian origin. We therefore request that Bank of America immediately remediate its internal policies and procedures to ensure that such discrimination ceases. Absent such steps, we reserve the right to pursue litigation regarding this matter.

While we understand from past engagement that Bank of America cites U.S. sanctions on Iran as the basis for its actions, the actions undertaken by Bank of America are unwarranted as a matter of law. U.S. sanctions targeting Iran do not prohibit Bank of America from holding accounts on behalf of customers of Iranian origin. Instead, U.S. sanctions prohibit Bank of America from servicing “Iranian accounts,” which are defined for purposes of the Iranian Transactions and Sanctions Regulations (“ITSR”), 31 C.F.R. Part 560, as “accounts of persons ordinarily resident in Iran, except when such persons are not located in Iran.” Unless Bank of America has indication that a customer is a person ordinarily resident in Iran and is physically located in Iran, Bank of America has no legal obligation to deny services to a given customer under the ITSR.  

We find it egregious that Bank of America would treat its customers of Iranian origin in such a manner rather than appropriately tailoring its compliance policies and procedures in such a way as to ensure it conforms its conduct to the demands of U.S. law while respecting its customers’ rights and providing its customers exceptional service. We remain interested in discussing steps that Bank of America can take to ensure that its customers of Iranian origin are not treated in a discriminatory manner by the bank, and we reserve the right to pursue litigation to resolve this issue if necessary. 

We look forward to your response.

Sincerely,

 

Jamal Abdi
President, National Iranian American Council

NIAC Urges Treasury to Remove Impediments to Iran Flood Relief Aid

FOR IMMEDIATE RELEASE: Tuesday, April 2nd, 2019
CONTACT: Mana Mostatabi | 202.386.6325 x103 | mmostatabi@niacouncil.org

WASHINGTON D.C. — NIAC President Jamal Abdi issued the following statement on the need for the Treasury Department to take steps to ensure that humanitarian relief efforts for victims of Iranian flooding is not impeded by U.S. sanctions:

“Amid disastrous flooding that has devastated tens of thousands in Iran, we urge the Treasury Department’s Office of Foreign Assets Control (OFAC) to take clear steps to ensure that sanctions no longer block assistance to victims of Iranian flooding in their hour of need.

“Over the past two weeks, devastating floods have struck large parts of Iran, killing at least 45 people, displacing tens of thousands, and cutting off many areas of the country from relief efforts. It is clear that many Iranians need assistance right now, and that recovery will take a tremendous amount of time.

“However, amid the massive scale of the unfolding crisis, reports indicate that U.S. sanctions are impeding the flow of relief to the Iranian Red Crescent. According to the United Nations Office for the Coordination of Humanitarian Affairs, ‘challenges caused by unilateral sanctions will affect the UN response and the accountability of UN to deliver the appropriate support.’

“The announcement that the U.S. is ready to assist the Iranian Red Crescent in overcoming sanctions complications and contribute to relief efforts is a welcome step that should be followed through on. While criticism of the Iranian government’s handling of these issues is warranted, right now is the time to ensure humanitarian relief is not blocked by US sanctions – not score political points at the expense of the Iranian people.

“If the administration is serious about addressing the crisis, there are several additional steps that the Treasury Department should take, including a public clarification or “comfort letter” indicating that all humanitarian relief efforts and associated services connected to the ongoing floods will be exempt from U.S. sanctions. Furthermore, OFAC should expand the scope of its current humanitarian licenses to allow U.S. persons to donate directly to Iranian non-government organizations engaged in relief efforts related to the ongoing flooding. Finally, OFAC should take steps to license financial institutions to engage in humanitarian transactions with Iranian banks.

“It is imperative that the United States demonstrate that it stands with the Iranian people at this critical time, especially given that this natural disaster comes in the backdrop of crushing U.S. sanctions. Failure to take steps to respond risks both impeding relief efforts on the ground and giving the impression that the U.S. will seek to exploit the tragedy afflicting the Iranian people to further its own geopolitical goals.”

###

NIAC Pushes for Broader Sanctions Exemptions for Humanitarian Relief

Washington, DC – In response to Iran’s deadly 2017 earthquake in Kermanshah province, hundreds of thousands of U.S. citizens donated to humanitarian relief efforts to rebuild devastated areas. Humanitarian relief efforts have long been exempt from U.S. sanctions law, though in practice there continue to be sanctions-related hurdles both in how American citizens contribute to relief efforts and how humanitarian NGO’s are able to finance relief work on the ground. On numerous occasions, NIAC has raised concerns regarding these complications and pushed the administration to ensure that U.S. sanctions were not standing in the way of urgent relief. In November, Sen. Bernie Sanders (I-VT) and four other Senators led a letter urging the administration to broaden its sanctions exemptions to facilitate relief.

On March 22, the Department of Treasury solicited feedback on the effectiveness of its current licensing procedures for humanitarian aid to Iran and Sudan. Given the importance of this issue to both the people of Iran and the Iranian-American community, NIAC submitted comments recommending opportunities for improvements, including by encouraging the Treasury Department to authorize a direct banking channel between the U.S. and Iran to finance relief work. This is of critical importance, as we have heard directly from humanitarian organizations regarding the continued difficulty of finding banks willing to transact with them given the perceived risk of running afoul of U.S. sanctions.

We will continue to work to advance our recommendations and ensure that U.S. sanctions do not inadvertently impede humanitarian relief to the people of Iran. You can see the text of NIAC’s comment below:

ATTN: Request for Comments (TSRA)
Office of Foreign Assets Control
United States Department of the Treasury
Freedman’s Bank Building
1500 Pennsylvania Avenue NW
Washington, D.C. 20220

Re: NIAC’s Comments Regarding OFAC’s TSRA Licensing Procedures

Dear Sir or Madam:

            On March 22, 2018, the United States Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) announced that it was “soliciting comments on the effectiveness of OFAC’s licensing procedures for the exportation of agricultural commodities, medicine, and medical devices to Sudan and Iran.”[1]  OFAC is required to solicit such comments as part of its biennial report to Congress on the operation of the licensing procedures pursuant to § 906 of the Trade Sanctions Reform and Export Enhancement Act of 2000 (“TSRA”) and will consider any such comments during the development of its report to Congress.  

By means of this instant submission, the National Iranian American Council (“NIAC”), the largest grassroots organization in the United States representing the interests of Iranian Americans, submits its comments regarding the effectiveness of OFAC’s licensing procedures for the export of agricultural commodities, medicine, and medical devices to Iran for the time period between October 1, 2014 to September 30, 2016. NIAC submits such comments with the sole intent of encouraging the robust facilitation of humanitarian trade between the United States and Iran in order to benefit the Iranian people, as is the purpose of the underlying TSRA legislation.

  1. Factual Background

            The Trade Sanctions Reform and Export Enhancement Act (“TSRA”), 22 U.S.C. § 7201 et seq., terminates any unilateral agricultural sanction or unilateral medical sanction in effect as of October 28, 2000 against a foreign country or foreign entity and prohibits the President from imposing any such unilateral agricultural sanction or unilateral medical sanction unless a proposed sanction is enacted into law by a joint resolution of the Congress.[2]  However, this provision does not direct the termination of, or prohibit the imposition of, any unilateral agricultural sanction or unilateral medical sanction that prohibits, restricts, or conditions the provision or use of any agricultural commodity, medicine, or medical device that is controlled on the United States Munitions List (“USML”), controlled on any control list established by the Export Administration Act of 1979 (“EAA”) or any successor statute, or used to facilitate the development or production of chemical or biological weapons or weapons of mass destruction.[3]

            Moreover, TSRA provides that the export of agricultural commodities, medicine, or medical devices to Cuba or to any U.S.-designated state sponsor of terrorism shall only be made pursuant to one (1) year licenses issued by the U.S. government for contracts entered into during the one (1) year period of the license and shipped within the twelve (12) month period beginning on the date of the signing of the contract.[4]  OFAC applies the licensing procedures required by this latter provision to all exports and re-exports of agricultural commodities, medicine, and medical devices to U.S.-designated state sponsors of terrorism – including Iran and Sudan – that are within the current scope of OFAC’s licensing jurisdiction.[5]

            Iran remains a U.S.-designated state sponsor of terrorism; and, as such, TSRA’s licensing procedures are applicable to the export of agricultural commodities, medicine, or medical devices to Iran.  These licensing procedures are codified in the Iranian Transactions and Sanctions Regulations (“ITSR”), 31 C.F.R. Part 560.  Section 560.530 of the ITSR promulgates a general license and specific licensing procedure for the sale, export, and re-export to Iran of agricultural commodities, medicine, and medical devices, while § 560.532 of the ITSR identifies authorized means of making payment for and financing any such licensed sales, exports, or re-exports of agricultural commodities, medicine, and medical devices to Iran. 

  1. NIAC’s Comments Regarding OFAC’s TSRA Licensing Procedures

            The most significant impediment to U.S. person engagement in humanitarian trade with Iran remains the lack of a financial channel to remit payment for humanitarian goods.  Despite licensing the making of payments and financing for sales, exports, and re-exports of agricultural commodities, medicine, and medical devices to Iran, OFAC’s licensing procedures have failed to provide U.S. persons with reliable options for receiving payment for the provision of permissible humanitarian items to Iran.  Unable to reliably receive payment for their provision of humanitarian goods to Iran or receive financing to permit the sale of such humanitarian items to Iran, a substantial number of U.S. persons that otherwise would have made use of OFAC’s licensing procedures for humanitarian trade with Iran have elected not to pursue such trade.  This undermines U.S. foreign policy interests vis-à-vis Iran, as well as the purposes underlying TSRA’s legislation, by enacting a de facto embargo on the sale, export, or re-export of agricultural commodities, medicine, and medical devices to Iran. 

            Pursuant to 31 C.F.R. § 560.532(a), OFAC provides general license authorization for the following payments terms for sales authorized under § 560.530(a)

(1)       Payment of cash in advance;

(2)       Sales on open account, provided that the account receivable may not be transferred to the person extending the credit;

(3)       Financing by third-country financial institutions that are not U.S. persons, entities owned or controlled by U.S. persons and established or maintained outside the United States, Iranian financial institutions, or the Government of Iran.  Such financing may be confirmed or advised by U.S. financial institutions and by financial institutions that are entities owned or controlled by U.S. persons and established or maintained outside the United States; or

(4)       Letter of credit issued by an Iranian financial institution whose property and interests in property are blocked solely pursuant to 31 C.F.R. Part 560. Such letter of credit must be initially advised, confirmed, or otherwise dealt in by a third-country financial institution that is not a U.S. person, an entity owned or controlled by a U.S. person and established or maintained outside the U.S., an Iranian financial institution, or the Government of Iran before it is advised, confirmed, or dealt in by a U.S. financial institution or a financial institution that is an entity owned or controlled by a U.S. person and established or maintained outside the United States. 

Section 560.532(c)(2) further states that “[n]othing in this section authorizes payment terms or trade financing involving debits or credits to Iranian accounts, as defined in § 560.320.” 

            OFAC’s licensing procedures prohibit direct interaction between U.S. and Iranian financial institutions, as evidenced above.  Indeed, OFAC itself has stated that “it is contrary to U.S. foreign policy to allow U.S. financial institutions to maintain active correspondent relationships with Iranian banks.”  As a result, any financing for or receipt of payment from the licensed export of agricultural commodities, medicine, and medical devices to Iran must involve a third-country financial institution prior to the involvement of a U.S. financial institution, and U.S. person engagement in humanitarian trade involving Iran is contingent on the willingness of third-country financial institutions to issue letters of credit or otherwise process transactions involving the export or re-export of agricultural commodities, medicine, or medical devices from the United States or by a U.S. person, wherever located, to Iran.

            Unfortunately, OFAC has ample precedent at this time demonstrating that third-country financial institutions are generally unwilling to aid U.S. persons seeking to engage in humanitarian trade with Iran authorized pursuant to 31 C.F.R. § 560.530(a).  As a result, U.S. persons have not taken advantage of the permitted trade openings to the extent that would otherwise be possible if there were a reliable, authorized financial channel to remit funds from Iran to the United States.  OFAC has been presented with numerous options to resolve this ongoing problem, including, but not limited to, a direct financial channel between the United States and Iran for licensed dealings between the two countries.  For reasons that remain unclear, OFAC has chosen not to pursue these solutions and has persisted with an authorization that fails to produce the desired outcome.

            It is NIAC’s hope that OFAC will revisit its licensing procedures, including, most especially, its authorization for making payments and financing for the export and re-export of agricultural commodities, medicines, and medical devices to Iran, and will broaden the scope of current license authorizations to ensure that U.S. persons are able to timely and reliably receive payment and financing for humanitarian trade with Iran.

            III.      Conclusion

            NIAC submits this comment pursuant to OFAC’s March 22, 2018 Request for Comment and hopes that the agency will consider this feedback concerning its TSRA licensing procedures.  It is our considered view that while the agency has made important progress expanding the scope of license authorizations relating to the sale, export, and re-export of agricultural commodities, medicine, and medical devices to Iran – including by broadening the scope of medical devices that are generally authorized for export or re-export to Iran – OFAC should ensure that these license authorizations can be fully utilized by ensuring reliable options exist for making payments for and financing the export of such humanitarian items.  For the reasons explained above, NIAC believes that OFAC’s license authorizations have been under-utilized as a result of the lack of a reliable financial channel to facilitate payments for humanitarian items, and only new solutions – including, for example, a direct financial channel between the United States and Iran – can ease this ongoing problem for U.S. exporters and re-exporters.

[1]Effectiveness of Licensing Procedures for Exportation of Agricultural Commodities, Medicine, and Medical Devices to Sudan and Iran; Comment Request, U.S. Dep’t of Treasury, 83 Fed. Reg.12513, March 22, 2018, available athttps://www.gpo.gov/fdsys/pkg/FR-2018-03-22/pdf/2018-05638.pdf.

[2]See 22 U.S.C. § 7201 et seq.

[3]Resource Center: Trade Sanctions Reform and Export Enhancement Act of 2000 (TSRA) Program, U.S. Dep’t of Treasury, January 13, 2017, https://www.treasury.gov/resource-center/sanctions/programs/pages/tsra_info.aspx. See also22 U.S.C. § 7203.

[4]22 U.S.C. § 7205.

[5]Resource Center: Trade Sanctions Reform and Export Enhancement Act of 2000 (TSRA) Program, U.S. Dep’t of Treasury, January 13, 2017, https://www.treasury.gov/resource-center/sanctions/programs/pages/tsra_info.aspx.