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by EdTsft 2470 days ago
I'm confused by the stellar sign-up terms. "6. WE ARE UNABLE TO HELP DISTRIBUTE SDF LUMENS TO USERS IN CERTAIN COUNTRIES. By activating this wallet you agree you're not in Cuba, Iran, North Korea, Syria, Sudan, Crimea, or any other country or region subject to sanctions by OFAC; further you agree you're not a non-resident alien of the United States."

So this is only open to people living in the USA or people with some sort of non-alien legal status in the USA who are not currently residing in the list of banned countries? Seems odd to ban a specific list of countries, and then on top of that ban almost everyone who is not in the USA.

2 comments

https://en.wikipedia.org/wiki/Office_of_Foreign_Assets_Contr... << This is the wikipedia article you're looking for if you want context.
Am I correctly interpreting the clause as saying that pretty much only Americans are eligible? I'm confused because if that is the intent then the clause is really burying the lede when it starts out by excluding "users in certain countries".
No. That doesn’t exclude other countries - it means you are not illegally living in the US (“non-resident alien”). They are just complying with US sanctions/international law.
So what if you're temporarily in the US on a tourist (B1/B2) visa? Or on NAFTA status? Or as a non-resident using H1-B (which is dual intent)?

Non-resident alien doesn't mean illegal immigrant at all. As the name implies, it means you're a non-citizen who is also not residing in the US.

Thanks!
It's actually pretty scary giving out money (in any form) to international peoples potentially sanctioned by OFAC. Making it their problem through an EULA is an interesting strategy.
But common. I recall ordering samples of components and having to agree that these capacitors Or ICs won’t be used for ______ or sent in any way to _____ countries.
But what about people from countries other than the US that are are not sanctioned by OFAC? "further you agree you're not a non-resident alien of the United States"

Going by this [1] definition of nonresident alien, I am not a citizen of the USA so I'm an alien, and I don't live in the USA so I'm a non-resident alien.

[1] https://www.irs.gov/individuals/international-taxpayers/dete...

This is incorrect. If you're not in the USA, you're not a "non-resident alien", you just don't live here at all. https://en.wikipedia.org/wiki/Alien_(law)#Categories
The IRS is only writing its definitions for the sake of people in the US. That's presumed from context. Otherwise, why care what the IRS has to say?
Because Stellar is using that term in a document they're asking me to agree to and it seems likely that their intended meaning is similar to the IRS definition. But I'm not 100% sure that it's meant to exclude (almost) all non-Americans which is why I'm asking.