In June of 1941, President Roosevelt issued Executive Order 8802, banning discriminatory employment practices by federal agencies and all unions and companies engaged in war-related work. The order also established the Fair Employment Practices Commission to enforce the new policy.
In early 1941, millions of jobs were being created, primarily in urban areas, as the United States prepared for World War II. When large numbers of African Americans moved to cities in the north and west to work in defense industries, they were often met with violence and discrimination. In response, A. Philip Randolph, president of the Brotherhood of Sleeping Car Porters, and other Black leaders, met with Eleanor Roosevelt and members of the President’s cabinet. Randolph presented a list of grievances regarding the civil rights of African Americans, demanding that an executive order be issued to stop job discrimination in the defense industry. Randolph, with others, threatened that they were prepared to bring "ten, twenty, fifty thousand Negroes on the White House lawn" if their demands were not met. In reaction to the fear of tens of thousands—if not more—African Americans marching on the nation’s capitol, and after consultation with his advisers, Roosevelt responded to the Black leaders and issued Executive Order 8802 on June 25th. It declared, "There shall be no discrimination in the employment of workers in defense industries and in Government, because of race, creed, color, or national origin." It was the first Presidential directive on race since Reconstruction. In exchange for Executive Order 8802, Randolph called off the march, though he would be a driving force of the 1963 March on Washington. To investigate “complaints of discrimination in violation of the provisions of this order” Executive Order 8802 established the “Committee on Fair Employment Practice.” More commonly known as the Fair Employment Practice Committee (FEPC), it has been disregarded by most historians as a powerless and ineffectual agency, especially in the South. After World War II, the FEPC almost became a permanent agency, but a strong voting bloc in Congress prevented it. Shortly after the dismantling of the FEPC, President Truman issued Executive Order 9981 banning segregation in the military.
Reaffirming Policy Of Full Participation In The Defense Program By All Persons, Regardless Of Race, Creed, Color, Or National Origin, And Directing Certain Action In Furtherance Of Said Policy June 25, 1941 WHEREAS it is the policy of the United States to encourage full participation in the national defense program by all citizens of the United States, regardless of race, creed, color, or national origin, in the firm belief that the democratic way of life within the Nation can be defended successfully only with the help and support of all groups within its borders; and WHEREAS there is evidence that available and needed workers have been barred from employment in industries engaged in defense production solely because of considerations of race, creed, color, or national origin, to the detriment of workers' morale and of national unity: NOW, THEREFORE, by virtue of the authority vested in me by the Constitution and the statutes, and as a prerequisite to the successful conduct of our national defense production effort, I do hereby reaffirm the policy of the United States that there shall be no discrimination in the employment of workers in defense industries or government because of race, creed, color, or national origin, and I do hereby declare that it is the duty of employers and of labor organizations, in furtherance of said policy and of this order, to provide for the full and equitable participation of all workers in defense industries, without discrimination because of race, creed, color, or national origin; And it is hereby ordered as follows: 1. All departments and agencies of the Government of the United States concerned with vocational and training programs for defense production shall take special measures appropriate to assure that such programs are administered without discrimination because of race, creed, color, or national origin; 2. All contracting agencies of the Government of the United States shall include in all defense contracts hereafter negotiated by them a provision obligating the contractor not to discriminate against any worker because of race, creed, color, or national origin; 3. There is established in the Office of Production Management a Committee on Fair Employment Practice, which shall consist of a chairman and four other members to be appointed by the President. The Chairman and members of the Committee shall serve as such without compensation but shall be entitled to actual and necessary transportation, subsistence and other expenses incidental to performance of their duties. The Committee shall receive and investigate complaints of discrimination in violation of the provisions of this order and shall take appropriate steps to redress grievances which it finds to be valid. The Committee shall also recommend to the several departments and agencies of the Government of the United States and to the President all measures which may be deemed by it necessary or proper to effectuate the provisions of this order. Franklin D. Roosevelt The White House, June 25, 1941.
Middle East and North Africa
How Israel and Turkey Benefit From Restoring Relations The reopening of diplomatic ties with Israel is the latest move in Turkey’s regional rapprochement. With it, Ankara aims to bolster national security and its wavering economy.
1. What is OFAC and what does it do? The Office of Foreign Assets Control administers and enforces economic sanctions programs primarily against countries and groups of individuals, such as terrorists and narcotics traffickers. The sanctions can be either comprehensive or selective, using the blocking of assets and trade restrictions to accomplish foreign policy and national security goals. Released on September 10, 2002
2. How long has OFAC been around? The Treasury Department has a long history of dealing with sanctions. Dating back prior to the War of 1812, Secretary of the Treasury Gallatin administered sanctions imposed against Great Britain for the harassment of American sailors. During the Civil War, Congress approved a law which prohibited transactions with the Confederacy, called for the forfeiture of goods involved in such transactions, and provided a licensing regime under rules and regulations administered by Treasury. OFAC is the successor to the Office of Foreign Funds Control (the "FFC''), which was established at the advent of World War II following the German invasion of Norway in 1940. The FFC program was administered by the Secretary of the Treasury throughout the war. The FFC's initial purpose was to prevent Nazi use of the occupied countries' holdings of foreign exchange and securities and to prevent forced repatriation of funds belonging to nationals of those countries. These controls were later extended to protect assets of other invaded countries. After the United States formally entered World War II, the FFC played a leading role in economic warfare against the Axis powers by blocking enemy assets and prohibiting foreign trade and financial transactions. OFAC itself was formally created in December 1950, following the entry of China into the Korean War, when President Truman declared a national emergency and blocked all Chinese and North Korean assets subject to U.S. jurisdiction.
3. What does one mean by the term "prohibited transactions"? Prohibited transactions are trade or financial transactions and other dealings in which U.S. persons may not engage unless authorized by OFAC or expressly exempted by statute. Because each program is based on different foreign policy and national security goals, prohibitions may vary between programs. Released on June 16, 2006
4. Are there exceptions to the prohibitions? Yes. OFAC regulations often provide general licenses authorizing the performance of certain categories of transactions. OFAC also issues specific licenses on a case-by-case basis under certain limited situations and conditions. Guidance on how to request a specific license is found below and at 31 C.F.R. 501.801. To apply for a specific license, please go to our License Application Page. Released on June 16, 2006
7. Can I get permission from OFAC to transact or trade with an embargoed country? OFAC usually has the authority by means of a specific license to permit a person or entity to engage in a transaction which otherwise would be prohibited. In some cases, however, legislation may restrict that authority. To apply for a specific license, please go to our License Application Page. Released on September 10, 2002
8. What must I do to get permission to trade with an embargoed country? In some situations, authority to engage in certain transactions is provided by means of a general license. In instances where a general license does not exist, a written request for a specific license must be filed with OFAC. The request must conform to the procedures set out in the regulations pertaining to the particular sanctions program. Generally, application guidelines and requirements must be strictly followed, and all necessary information must be included in the application in order for OFAC to consider an application. For an explanation about the difference between a general and a specific license as well as answers to other licensing questions, see the licensing questions section. To apply for a specific license, please go to our License Application Page. Released on September 10, 2002
9. What do you mean by "blocking?" Another word for it is "freezing." It is simply a way of controlling targeted property. Title to the blocked property remains with the target, but the exercise of powers and privileges normally associated with ownership is prohibited without authorization from OFAC. Blocking immediately imposes an across-the-board prohibition against transfers or dealings of any kind with regard to the property. Released on September 10, 2002
10. What countries do I need to worry about in terms of U.S. sanctions? OFAC administers a number of U.S. economic sanctions and embargoes that target geographic regions and governments. Some programs are comprehensive in nature and block the government and include broad-based trade restrictions, while others target specific individuals and entities. (Please see the “Sanctions Programs and Country Information” page for information on specific programs.) It is important to note that in non-comprehensive programs, there may be broad prohibitions on dealings with countries, and also against specific named individuals and entities. The names are incorporated into OFAC’s list of Specially Designated Nationals and Blocked Persons ("SDN list") which includes approximately 6,400 names of companies and individuals who are connected with the sanctions targets. In addition, OFAC maintains other sanctions lists that may have different prohibitions associated with them. A number of the named individuals and entities are known to move from country to country and may end up in locations where they would be least expected. U.S. persons are prohibited from dealing with SDNs wherever they are located and all SDN assets are blocked. Entities that a person on the SDN List owns (defined as a direct or indirect ownership interest of 50% or more) are also blocked, regardless of whether that entity is separately named on the SDN List. Because OFAC's programs are dynamic, it is very important to check OFAC's website on a regular basis to ensure that your sanctions lists are current and you have complete information regarding the latest restrictions affecting countries and parties with which you plan to do business.
11. Who must comply with OFAC regulations? U.S. persons must comply with OFAC regulations, including all U.S. citizens and permanent resident aliens regardless of where they are located, all persons and entities within the United States, all U.S. incorporated entities and their foreign branches. In the cases of certain programs, foreign subsidiaries owned or controlled by U.S. companies also must comply. Certain programs also require foreign persons in possession of U.S.-origin goods to comply. Released on January 15, 2015
12. How much are the fines for violating these regulations? The fines for violations can be substantial. In many cases, civil and criminal penalties can exceed several million dollars. Civil penalties vary by sanctions program, and the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Federal Civil Penalty Inflation Adjustment Act Improvements Act of 2015, requires OFAC to adjust civil monetary penalty amounts annually. For current penalty amounts, see section V.B.2.a of Appendix A to OFAC’s Economic Sanctions Enforcement Guidelines at 31 C.F.R Part 501. Released on March 8, 2017
13. How can I report a possible violation of OFAC regulations by my company to OFAC? Will I receive "amnesty" if I report a possible violation to OFAC or if my failure to comply with OFAC regulations was inadvertent? OFAC encourages anyone who may have violated OFAC-administered regulations to disclose the apparent violation to OFAC voluntarily. Voluntary self-disclosure to OFAC is considered a mitigating factor by OFAC in enforcement actions, and pursuant to OFAC’s Enforcement Guidelines, will result in a reduction in the base amount of any proposed civil penalty. Please submit all voluntary self-disclosures electronically to . Unless the disclosure is an initial disclosure which will be supplemented with additional information, the submission should contain sufficient detail to afford OFAC a complete understanding of an apparent violation’s circumstances. Please review the Office of Compliance and Enforcement (“OCE”) Data Delivery Standards Guidance: Preferred Practices for Productions to OFAC, which details OFAC’s preferred technical standards for formatting electronic document productions submitted to OCE. OFAC does not have an "amnesty" program. OFAC does, however, review the totality of the circumstances surrounding any apparent violation, including whether a matter was voluntarily self-disclosed to OFAC. OFAC will also consider the existence, nature, and adequacy of a subject person’s risk-based OFAC compliance program at the time of the apparent violation, where relevant, among other factors. Please see OFAC’s Enforcement Guidelines for additional information regarding voluntary self-disclosures and other mitigating factors, as well as the agency’s general framework for the enforcement of economic sanctions programs administered by OFAC. Released on December 4, 2020
14. Can I regard previously issued and published opinion letters, regulatory interpretations, or other statements as guidance for my transactions? Great care should be taken when placing reliance on such materials to ensure that the transactions in question fully conform to the letter and spirit of the published materials and that the materials have not been superseded. Released on September 10, 2002
15. Can OFAC change its previously stated, non-published interpretation or opinion without first giving public notice? Yes. OFAC, therefore, strongly encourages parties to exercise due diligence when their business activities may touch on an OFAC-administered program and to contact OFAC if they have any questions about their transactions. Released on September 10, 2002
91. I am looking for the terrorist list on your web site so my company can comply with U.S. law. Where can I find this list? OFAC’s regulations are broader than the specific laws dealing with terrorists and persons who support them. All individuals and entities that fall under U.S. jurisdiction should use OFAC’s List of Specially Designated Nationals and Blocked Persons (SDN List). This list includes specially designated global terrorists and narcotics traffickers, among other designated persons, and is available on OFAC’s website. In addition, OFAC maintains other sanctions lists that may have different prohibitions associated with each that apply to U.S. persons or transactions otherwise subject to U.S. jurisdiction. It is important to note that some OFAC sanctions block categories of persons even if those persons do not appear on the SDN List. For example, this is the case for any person that meets the definition of the “Government of Venezuela” in Executive Order 13884 of August 5, 2019 (“Blocking Property of the Government of Venezuela”). It is also important to note that OFAC’s Cuba sanctions prohibit most transactions with Cuban nationals, wherever located. U.S. persons are expected to exercise due diligence in determining whether any such persons are involved in a proposed transaction. Released on August 11, 2020
126. I tried to ship a package and it was returned to me because of “OFAC sanctions.” Why? There may have been one or more reasons the package was rejected. For example, was it destined for Cuba and lacking a description of the contents? Was it an unlicensed commercial shipment destined for North Korea? Was it a personal gift destined for an individual in Iran with a stated value exceeding $100? These examples are legitimate reasons for shipping companies to refuse to process such packages, such as packages that do not conform with shipping company guidelines and rules, as well as OFAC and other U.S. government regulations. Not only could you be liable for attempting to send such packages, but the shipping companies also could be liable for their role in processing these. See OFAC’s country program webpages for more information on the restrictions on shipments to high-risk jurisdictions, for example the Crimea region of Ukraine, Cuba, Iran, North Korea, or Syria. Released on August 11, 2020
127. I tried to ship a package and it was "blocked" by the shipping company "due to OFAC sanctions." Why? And how can I get the package unblocked? Shipping companies are required to "block" packages in which a Specially Designated National ("SDN") or other blocked person has an interest. When a package is required to be "blocked," the shipper must retain the package rather than reject and return it to the sender. Blocking is not required if a general or specific license from OFAC authorizes the shipper to reject or process the package, or if the transaction is otherwise exempted from the prohibitions based on the type or content of the package. To request a license for the package’s release, apply online or send a letter with a detailed description of the package’s contents and an explanation of the parties involved in the transaction, along with a copy of the package’s air waybill or Customs Declaration and Dispatch form, to: U.S. Department of the Treasury Office of Foreign Assets Control Licensing Division 1500 Pennsylvania Avenue, NW Washington, DC 20220 Released on February 7, 2011
468. How do I verify an OFAC document? For example, how do I know that an OFAC license or a Specially Designated Nationals (SDN) List removal letter is authentic? If you have questions about the authenticity of an OFAC document that is not publically posted on the OFAC website, you can contact OFAC and reference the specific case ID or FAC number that is included on the document.
Released on April 21, 2016
469. Does OFAC issue certificates of non-inclusion to help prove that a name is not on one of OFAC’s sanctions lists? No, OFAC does not issue non-inclusion certificates. Released on April 21, 2016
906. What do Iran General License (GL) N-1, Syria GL 21A, and Venezuela GL 39A authorize with respect to the fight against the Coronavirus Disease 2019 (COVID-19)? How do these GLs differ from OFAC’s existing humanitarian exemptions, exceptions, and authorizations? In order to further aid the global fight against COVID-19, OFAC has extended time-limited general licenses, Iran GL N-1, Syria GL 21A, and Venezuela GL 39A (together, the COVID-19-related GLs), to continue to provide broad authorizations for certain COVID-19-related transactions and activities. The general licenses expand upon longstanding humanitarian exemptions, exceptions, and authorizations in OFAC sanctions programs, which remain in effect (see OFAC’s June 16, 2022 Fact Sheet on the Provision of Humanitarian Assistance and Trade to Combat COVID-19) to cover additional COVID 19-related transactions and activities. For example, Iran GL N-1 continues to allow for expanded authorizations under the Iran sanctions program to cover certain items that previously would have required a specific license for exportation or reexportation to Iran, such as certain COVID-19 testing or vaccine manufacturing equipment. Both U.S. persons and non-U.S. persons whose activities are within U.S. jurisdiction — including exporters, nongovernmental organizations, international organizations, and financial institutions — may rely upon the authorizations in these COVID-19-related GLs provided they meet the applicable conditions. All three GLs expire on June 17, 2023. The COVID-19-related GLs provide authorization that is independent of OFAC’s other humanitarian-related authorizations. Accordingly, conditions and limitations included in other humanitarian-related authorizations do not apply to transactions and activities conducted pursuant to the COVID-19-related GLs, unless explicitly incorporated therein. For example, for sales to Iran of agricultural commodities, food, medicine, and medical devices pursuant to the general license in 31 C.F.R. § 560.530, payment terms and financing must be limited to and consistent with those authorized by 31 C.F.R. § 560.532. However, because Iran GL N-1 does not incorporate similar limitations on payment terms, COVID-19-related exports and reexports to Iran authorized by Iran GL N-1 are not subject to the payment terms in 31 C.F.R. § 560.532. Prior to the expiration of the COVID-19-related GLs, OFAC may issue additional guidance, as appropriate. OFAC’s longstanding humanitarian exemptions, exceptions and authorizations in each of these sanctions programs will not be impacted by the expiration of these GLs. For transactions not otherwise authorized or exempt, OFAC considers license requests on a case-by-case basis and prioritizes applications, compliance questions, and other requests related to humanitarian support for people in areas subject to comprehensive sanctions. Updated: June 10, 2022 Released on June 17, 2021
908. For the purposes of Iran General License (GL) N-1 and Syria GL 21A, what are services related to the prevention, diagnosis, or treatment of the Coronavirus Disease 2019 (COVID-19)? What transactions and activities related to the export or, in the case of Iran GL N-1, import of these services are authorized? For the purposes of Iran GL N-1 and Syria GL 21A, services related to the prevention, diagnosis, or treatment of COVID-19 include, for example: treatment of patients with suspected or confirmed COVID-19; training necessary for the safe and effective use, repair, or maintenance of goods for use in connection with the prevention, diagnosis, or treatment of COVID-19; water, sanitation, and hygiene promotion materials and supplies, and shelter activities to prevent or treat COVID-19, including Risk Communication and Community Engagement efforts related to COVID-19, and other goods and services, directly related to prevention or treatment of COVID-19; conduct of research into COVID-19; services necessary for the operation, maintenance, or repair of goods for use in connection with the prevention, diagnosis, or treatment of COVID-19; collaboration on the development or enhancement of information related to COVID-19 to the extent not authorized or exempt; development of medical devices or medicines to counteract COVID-19; conduct of clinical studies in connection with COVID-19; provision of public education in connection with COVID-19; and disposal of medical waste in connection with COVID-19, provided all conditions and limitations of Iran GL N-1 or Syria GL 21A are satisfied. Transactions and activities related to the exportation or reexportation of such services include, for example: processing and transfer of funds; payment of taxes, fees, and import duties; purchase or receipt of permits, licenses, or public utility services; making of shipping or cargo inspection arrangements; obtaining of insurance; arrangement of financing and payment; delivery of services; receipt of payment; and entry into contracts (including executory contracts), provided all conditions of Iran GL N-1 or Syria GL 21A are satisfied. As noted in Iran GL N-1 and Syria GL 21A, these general licenses do not authorize the unblocking of any property blocked pursuant to any part of 31 CFR chapter V, including property of the Government of Iran or property of the Government of Syria. Updated: June 10, 2022 Released on June 17, 2021
910. What are the due diligence expectations of U.S. financial institutions associated with processing fund transfers or trade finance transactions that are authorized by Iran General License (GL) N-1, Syria GL 21A, and Venezuela GL 39A? U.S. financial institutions are authorized to process transfers of funds or engage in trade finance transactions ordinarily incident and necessary to give effect to the transactions and activities authorized by Iran GL N-1, Syria GL 21A, and Venezuela GL 39A. Such financial institutions may rely on the originator of the funds transfer with regard to compliance with Iran GL N-1, Syria GL 21A, and Venezuela GL 39A, provided that the financial institution does not know or have reason to know that the funds transfer is not in compliance with such GLs. Updated: June 10, 2022 Released on June 17, 2021
911. Do non-U.S. persons risk exposure to U.S. sanctions for engaging in certain activities to respond to the Coronavirus Disease 2019 (COVID-19) pandemic that U.S. persons would be authorized to engage in under Iran General License (GL) N-1, Syria GL 21A, or Venezuela GL 39A? No. Non-U.S. persons do not risk exposure under U.S. sanctions for engaging in certain activities to respond to the COVID-19 pandemic that would be authorized under Iran GL N-1, Syria GL 21A, or Venezuela GL 39A, as appropriate, if engaged in by a U.S. person. This includes non-U.S. exporters, nongovernmental organizations, international organizations, and foreign financial institutions, as well as other non-U.S. persons engaging in certain activities to respond to the COVID-19 pandemic. For additional information on humanitarian activities by non-U.S. persons in relation to sanctioned jurisdictions, please see FAQs 844, 884, and 885. For information specific to the provision of humanitarian assistance to the Venezuelan people, please see OFAC’s August 6, 2019 Fact Sheet: Guidance Related to the Provision of Humanitarian Assistance and Support to the Venezuelan People. For more information on other relevant exemptions, exceptions, and authorizations for humanitarian assistance and trade to combat COVID-19 under OFAC’s sanctions program, please see OFAC’s June 10, 2022 Fact Sheet: Provision of Humanitarian Assistance and Trade to Combat COVID-19. Updated: June 10, 2022 Released on June 17, 2021 |
When a government orders companies not to conduct business in another country because of a war?
Related Posts
Copyright © 2024 ShotOnMac Inc.
