Humanitarian Relief Efforts Related to the Earthquakes in Turkey and Syria

On February 6, 2023, powerful earthquakes devastated Turkey and Syria. Media reports indicate that the first earthquake, “which hit near the town of Gaziantep, was closely followed by numerous aftershocks - including one quake which was almost as large as the first.” The destruction caused by these earthquakes has toppled thousands of buildings, killed and injured thousands of people, and left countless people homeless in Turkey and Syria.

Rescue workers have begun efforts to provide aid to the impacted areas. However, aid efforts in Syria have reportedly been “hampered by the ongoing war and the isolation of the rebel-held region along the border, which is surrounded by Russia-backed government forces.” Furthermore, although providing aid to Syria could be complicated by U.S. sanctions, as is discussed below, these humanitarian efforts are likely authorized by various exemptions. Indeed, OFAC recently issued General License (“GL”) 23, which generally authorizes all transactions related to earthquake relief efforts in Syria.

Nevertheless, some U.S. government officials have expressed concern that humanitarian efforts in Syria could be used as a sanctions evasion mechanism by the Assad regime. Accordingly, it is possible that the U.S. government could issue additional guidance, clarifying and/or modifying the scope of current authorizations related to humanitarian relief efforts in Syria.

U.S. Sanctions Restrictions Related to Turkey and Syria

The U.S. government does not maintain a country-specific sanctions program related to Turkey. However, OFAC administers comprehensive sanctions against Syria under various executive orders. Notably, Executive Order 13582 essentially creates an embargo, which prohibits U.S. persons from: (i) engaging in new investments in Syria; (ii) the direct or indirect exportation, reexportation, sale, or supply of any services to Syria from the U.S. or by a U.S. person; (iii) importing petroleum or petroleum products of Syrian origin into the U.S.; (iv) transacting, in or related to, petroleum or petroleum products of Syrian origin; and (v) approving, financing, facilitating, or guaranteeing a transaction by a foreign person where the transaction would be prohibited if performed by a U.S. person or within the U.S. These restrictions are codified in 31 CFR part 542 (the “Syria Regulations”).

Sanctions Exemptions Related to Humanitarian Efforts

OFAC has generally authorized activities related to humanitarian relief efforts, despite sanctions restrictions that would otherwise prohibit such activities. For example, OFAC issued a Fact Sheet that highlights the many humanitarian and food-related authorizations previously issued by OFAC in support of people impacted by the crisis in Ukraine.

With respect to sanctions related to Syria, the Syria Regulations contain certain exemptions from U.S. sanctions restrictions, including the following:

• The exportation of certain services incident to internet-based communications, pursuant to 542.511;
• Certain non-commercial, personal remittances, pursuant to 542.512;
• Official business of certain international organizations and entities, including the United Nations, pursuant to 542.513;
• Certain transactions in support of nongovernmental organizations’ activities, including activities to support disaster relief, food and medicine distribution, and the provision of health services, pursuant to 542.516;
• Certain transactions related to telecommunications and mail, pursuant to 542.519; and
• The provision of certain emergency medical services, pursuant to 542.531.

In addition, OFAC has issued the following GLs related to Syria:

• All transactions related to earthquake relief efforts in Syria, pursuant GL 23;
• With respect to certain northeast and northwest regions in Syria, certain transactions related to agriculture, information and telecommunications, power grid infrastructure, construction, finance, transportation and warehousing, water and waste management, and health services, pursuant to GL 22; and
• Certain transactions related to Covid-19 relief efforts, pursuant to GL 21A.

Furthermore, FAQ  137 clarifies that the U.S. Department of Commerce’s Bureau of Industry and Security does not require a license for the export or reexport of “EAR99” food and medicine. Accordingly, EAR99 food and medicine can be exported or reexported to the Government of Syria on a “No License Required” basis.

Note that the authorizations described above generally do not authorize transactions involving individuals and/or entities designated on OFAC’s Specially Designated National and Blocked Person (“SDN”) list. Accordingly, individuals and companies should conduct appropriate due diligence to ensure that relief efforts are authorized by OFAC.

We encourage you to donate to one or more of the various organizations providing relief to Turkey and Syria, including Médecins Sans Frontières.

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We will continue to monitor developments in this area and encourage you to subscribe to be kept informed of latest developments. Please contact the authors or your usual Herbert Smith Freehills contacts for more information.