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Rusal's US contract customers can receive aluminum until June 5: attorney New York (Platts)--11 Apr 2018 519 pm EDT/2119 GMT US customers of Rusal with a contract with the Russian aluminum producer pre-dating April 6 can continue to receive product until June 5, Cortney Morgan, a Washington-based partner in the law firm Husch Blackwell, told S&P Global Platts on Wednesday. Morgan noted, however, that there are issues around payment terms. "Payments must be made to a [blocked] US interest-bearing account," she said, adding that there are also a number of reporting of activity considerations. The US sanctions are administered by the Office of Foreign Assets Control (OFAC), part of the US Treasury Department. Morgan's specialty at the firm is in export controls and sanctions. Unlike trade cases, such as the recent aluminum Section 232/tariffs -- which are based on material and physical shipments -- she explains that OFAC actions are financial. "I don't think any aluminum would be seized," she said. "That's more the trade side; this is financial whereby accounts are frozen." Morgan noted that OFAC also "doesn't have the manpower or the enforcement mechanism" to seize material. Exemptions and exclusions have also been the talk in relation to tariffs -- but not so in sanctions cases. On the OFAC side, if there is a US wholly owned subsidiary, it is also blocked -- meaning transactions prohibited, and assets frozen.
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