The Information Divide: OFAC Issues Rules for Written and Internet Publications Intended for Sanctioned Countries

The United States currently maintains comprehensive sanctions against Cuba, Iran, North Korea, Sudan, and Syria. While the sanctions vary from country to country, a common exemption from export controls exists for certain types of information and informational materials. This exception (the so-called "Berman Amendment") has been vital for the spread of publications in sanctioned countries both in written form and via the Internet. The Treasury Department’s Office of Foreign Assets Control ("OFAC") recently expanded the scope of the Berman Amendment to support the publication and marketing of manuscripts, books, journals, and newspapers, in paper or electronic format.

Although the Berman Amendment does not define the term "information and informational materials," it does contain an illustrative list of permitted materials, including: publications, films, posters, phonograph records, photographs, microfilms, microfiche, tapes, compact disks, CD ROMS, artworks, and newswire feeds.