Does 31 CFR § 560.540 continue to authorize U.S. persons located outside the United States to export or reexport to Iran certain specified hardware or software that is not subject to Commerce's Export Administration Regulations (EAR)?
OFAC's answer
Yes. Section 560.540 of the ITSR continues to authorize the exportation, reexportation, or provision to Iran by U.S. persons located outside of the United States of certain specified hardware and software items that are not subject to the [EAR](https://www.ecfr.gov/cgi-bin/text-idx?SID=7d3b68a397d025734d702b5a0c048bb0&mc=true&tpl=/ecfrbrowse/Title15/15CVIIsubchapC.tpl). See 31 CFR § 560.540(a)(2)(ii), (a)(3)(ii) and (iii). Section 560.540 continues to extend this authorization to an entity owned or controlled by a U.S. person and established or maintained outside the United States (“a U.S.-owned or -controlled foreign entity”), subject to the conditions set forth in 31 CFR § [560.556](https://www.ecfr.gov/cgi-bin/retrieveECFR?gp=&SID=e3c4494665db57ce61ce4c1445726e8e&mc=true&r=PART&n=pt31.3.560#se31.3.560_1556). For example, an overseas branch of a U.S. company or a U.S.-owned or -controlled foreign entity may export to Iran, from a location outside the United States, certain hardware or software that is not subject to the EAR (including foreign-origin hardware or software containing less than a de minimis amount of U.S. controlled content) if the hardware or software is within the scope of the 31 CFR § 560.540 authorization. Section 560.540 also authorizes the exportation, reexportation, or provision of certain fee-based software that is not subject to the EAR because it is described in section [734.3](https://www.ecfr.gov/cgi-bin/text-idx?SID=981cab6f39f20c0650c0be641a6661b4&mc=true&node=se15.2.734_13&rgn=div8)(b)(3) of the EAR. Date Updated: May 16, 2024