HOW CAN I PROVIDE HUMANITARIAN AID TO IRAN WITHOUT VIOLATING OFAC’S REGULATIONS?

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Iran is amongst the countries hit hardest with the COVID-19 pandemic. Due to the scope of the disaster, Iran is experiencing extreme deficiencies in foods, medicine and basic personal protective equipment. Many U.S. persons would like to donate money or supplies to Iran in an effort to provide much needed humanitarian aid to the Iranian people but fear doing so would in some way violate the current and crippling sanctions against the country. This article will review how a U.S. person can legally provide humanitarian aid to Iran.

The most important point to keep in mind when sending money or goods to Iran for humanitarian aid is the CERTAIN TRANSACTIONS ARE NOT LEGAL FOR AN INDIVIDUAL BUT ARE LEGAL FOR A NON-GOVERNMENTAL ORGANIZATION (NGO)/NON-PROFIT ORGANIZATION. The United States government (OFAC) has issued certain general licenses that permit non-profit organizations to send aid, money and supplies to Iran. However, these licenses DO NOT pertain to individuals. As such, it is NOT LEGAL for an individual to directly send money to Iran for humanitarian aid or charitable purposes without a SPECIFIC LICENSE from OFAC. Therefore, if an individual wishes to donate funds to Iran, the safest way would be to do so via a reputable charitable organization or to get a specific license.

Here is a list of general licenses that outline what type of aid non-profit organizations are permitted to provide to Iran:

General License E, authorizes nongovernmental organizations (NGOs) to export or reexport services to Iran or related to Iran in support of the following not-for-profit activities that are designed to directly benefit the Iranian people: Humanitarian Projects including but not limited to: donation of health-related services; operation of orphanages; provision of relief services related to natural disasters; distribution of donated articles, such as food, clothing, and medicine, intended to be used to relieve human suffering; and
donation of training related to any of the humanitarian activities. Non-commercial reconstruction projects in response to natural disasters in Iran for a period of up to two years following the natural disaster. Environmental and wildlife conservation projects in Iran, involving endangered species of fauna and flora and their supporting habitats. Human rights and democracy building projects in Iran, such as: the sponsorship of and attendance and training at conferences in Iran related to human rights projects; democracy building, or civil society development; efforts to increase access to information and freedom of expression; and public advocacy, public policy advice, polling, or surveys relating to human rights and democracy building.

It is important to remember that an organization may not send aid in excess of $500,000 in the
aggregate over a 12-month period and the NGO must provide a quarterly report to OFAC’s licensing
division for all funds sent to Iran. Anything beyond these activities require a specific license from
OFAC.

Ms. Yazdanyar started her own private practice in 2009 based on the philosophy that an attorney is an advocate with the fiduciary duty to protect the rights and well-being of his or her clients. It is that philosophy coupled with a dedication to understanding the law that has allowed her practice to grow from one office in Beverly Hills to multiple offices throughout California including Irvine, San Francisco and Westlake Village and positioning her firm to service clients nationwide. During her 10 plus years of private practice, Ms. Yazdanyar has not only established herself an expert in her niche areas of practice, but she has also gained notoriety for her pro-bono and non-profit work as well as her dedication to assisting non-government organizations with their legal needs.

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www.yazdanyarlaw.com
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