Specifically the FAQ in question is FAQ #417, which reads as follows:
"Are payments or the facilitation of payments to Iranian civil aviation authorities for overflights of Iran or emergency landing in Iran by aircraft that are owned by a non-U.S. person and registered outside the United States sanctionable under U.S. law?"
What the OFAC team did was to cryptically, and without opportunity for public input, change the policy on this--in a manner that increases the possibility that someone on an international flight might suddenly find their plane falling out of the sky.
The old FAQ explained to the airline industry that if your plane developed mechanical problems, say, it was okay to make an unscheduled landing in Iran. The Iranians have not minded, and only charged a very modest $50 to $ 2000 fee to the affected airline, US carriers included. The OFAC FAQ previously had specified that non-U.S. airlines (under 31 C.F.R. 560.522) were permitted to overfly Iran and make emergency landings there as long as no payments were made to, or through, any of the specifically designated banks in Iran (like Bank Melli), or any entities on the Specially Designated Nationals (SDN) list.
However, the new rule, in the revised FAQ 417, states that the payments now cannot involve the U.S. financial system if a foreign carrier is concerned; the U.S. financial system may only be used for U.S. carriers, which, under 31 C.F.R. 560.522, are permitted to overfly and make emergency landings in Iran.
In other words AIPAC-OFAC is refusing to allow any payments made to Iran, even to insure the safety of the internationally flying public who would prefer, quite naturally, not to get shot down over Iraq or Ukraine. For a while now, and especially since the ISIS takeover of portions of Iraq and Syria, a number of airlines, including Air France and Virgin Atlantic, have for safety reasons re-routed their flights through Iranian airspace. But AIPAC says these airlines, from now on, will only be able to pay Iran's "blood money" (their word choice) through non-US banks.
The catch-22, however, is that they--AIPAC and OFAC both-- know full well that given the recent huge OFAC fines on foreign banks for the slightest sanctions transgression, most of these banks are not likely to take that risk, given the small payment fee they would receive. So what are the airlines to do? Presumably their lawyers have instructed them to assume the risk without upsetting their passengers, and just keep silent.
And it's probably unlikely that the new war-hungry Congressional leadership will challenge this latest policy change putting air travelers at peril. Flyers are forewarned--and would be well advised to check their flight paths so long as this latest sanctions measure remains in effect.
And Americans could contact their new Congress members, who probably are clueless as to this life-endangering issue.
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