You know, we all remember the actions taken against ZTE for its use of US-origin goods in finished products going to Iran. Similarly, there have been multiple enforcement actions (COSL Singapore comes to mind) where US-origin goods were OFAC’s (and/or BIS’) jurisdictional nexus.
So, here’s a thought: why isn’t IP a US-origin good? If a drug is developed using US research staff or facilities, or if a US-developed machining process is used overseas, why can’t OFAC claim jurisdiction?
This occurred to me when I saw the news today that Novo Nordisk wants to increase its cooperation with Iran. Now, probably, their goods are subject to licensing anyway but…
If you want to exert maximum pressure, you have to think expansively.
What do you think?
Your humble servant,
M. Watchlist (yes, it’s a Hamilton reference)