Publication of Iran General License D
Notice published July 19, 2013 · 78 FR 43278
- Document number
- FR Doc. 2013-17359
- Type
- Notice
- Published
- July 19, 2013
- Citation
- 78 FR 43278 (pages 43,278–43,279)
- Action
- Notice, publication of general license.
- Effective
- May 30, 2013
- Dates
- Effective Date: May 30, 2013.
- Official sources
- PDF (govinfo.gov) · federalregister.gov
Summary
The Federal Register's summaryThe Department of the Treasury's Office of Foreign Assets Control ("OFAC") is publishing General License D issued under the Iranian transactions sanctions program on May 30, 2013. General License D authorizes the exportation and reexportation to persons in Iran of certain services, software, and hardware incident to the exchange of personal communications, subject to certain limitations.
Text
As the Government Publishing Office publishes it. Pages OFAC printed as images (in recent notices, the lists of names) are in the official PDF.
[Federal Register Volume 78, Number 139 (Friday, July 19, 2013)]
[Notices]
[Pages 43278-43279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-17359]
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DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
Publication of Iran General License D
AGENCY: Office of Foreign Assets Control, Treasury.
ACTION: Notice, publication of general license.
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SUMMARY: The Department of the Treasury's Office of Foreign Assets
Control (``OFAC'') is publishing General License D issued under the
Iranian transactions sanctions program on May 30, 2013. General License
D authorizes the exportation and reexportation to persons in Iran of
certain services, software, and hardware incident to the exchange of
personal communications, subject to certain limitations.
DATES: Effective Date: May 30, 2013.
FOR FURTHER INFORMATION CONTACT: Assistant Director for Sanctions
Compliance & Evaluation, tel.: 202-622-2490, Assistant Director for
Licensing, tel.: 202-622-2480, Assistant Director for Policy, tel.:
202-622-2746, Assistant Director for Regulatory Affairs, tel.: 202-622-
4855, Office of Foreign Assets Control, or Chief Counsel (Foreign
Assets Control), tel.: 202-622-2410, Office of the General Counsel,
Department of the Treasury, Washington, DC 20220 (not toll free
numbers).
SUPPLEMENTARY INFORMATION:
Electronic and Facsimile Availability
This document and additional information concerning OFAC are
available from OFAC's Web site (www.treasury.gov/ofac). Certain general
information pertaining to OFAC's sanctions programs also is available
via facsimile through a 24-hour fax-on-demand service, tel.: 202/622-
0077.
Background
On May 30, 2013, OFAC issued General License D under the Iranian
transactions sanctions program. At the time of its issuance on May 30,
2013, OFAC made General License D available on the OFAC Web site
(www.treasury.gov/ofac). With this notice, OFAC is publishing General
License D in the Federal Register.
GENERAL LICENSE D
General License With Respect to the Exportation and Reexportation of
Certain Services, Software, and Hardware Incident to the Exchange of
Personal Communications
(a) Effective May 30, 2013, to the extent that such transactions
are not exempt from the prohibitions of the Iranian Transactions and
Sanctions Regulations, 31 CFR part 560 (``ITSR''), and subject to the
restrictions set forth in paragraph (b), the following transactions are
authorized:
(1) The exportation or reexportation, directly or indirectly, from
the United States or by U.S. persons, wherever located, to persons in
Iran of fee-based services incident to the exchange of personal
communications over the Internet, such as instant messaging, chat and
email, social networking, sharing of photos and movies, web browsing,
and blogging.
(2) The exportation or reexportation, directly or indirectly, from
the United States or by U.S. persons, wherever located, to persons in
Iran of fee-based software subject to the Export Administration
Regulations, 15 CFR parts 730 through 774 (the ``EAR''), that is
necessary to enable the services described in paragraph (a)(1),
provided that such software is designated as EAR99 under the EAR, or is
classified by the U.S. Department of Commerce on the Commerce Control
List, 15 CFR part 774, supplement No. 1 (``CCL'') under export control
classification number (``ECCN'') 5D992.c.
NOTE TO PARAGRAPHS (a)(1) AND (a)(2): See 31 CFR Sec. 560.540
for provisions relating to the exportation to persons in Iran of
publicly available, no-cost services incident to the exchange of
personal communications over the Internet and publicly available,
no-cost software necessary to enable such services.
(3) To the extent not authorized by paragraph (a)(2), the
exportation or reexportation, directly or indirectly, from the United
States or by U.S. persons, wherever located, to persons in Iran of
certain software and hardware that are subject to the EAR and incident
to personal communications, as well as related services, as specified
in the Annex to this general license.
(4) The exportation or reexportation, directly or indirectly, from
the United States or by U.S. persons, wherever located, to persons in
Iran of consumer-grade Internet connectivity services and the
provision, sale, or leasing of capacity on telecommunications
transmission facilities (such as satellite or terrestrial network
connectivity) incident to personal communications.
Note to Paragraph (a): The authorization set forth in paragraph
(a) of this general license extends to entities owned or controlled
by a United States person and established or maintained outside the
United States subject to the conditions set forth in 31 CFR Sec.
560.556. Nothing in this general license relieves the exporter from
compliance with the export license application requirements of
another Federal agency.
(b) This general license does not authorize:
(1) The exportation or reexportation, directly or indirectly, of
the services, software, or hardware specified in paragraph (a) of this
general license with knowledge or reason to know that such services,
software, or hardware are intended for the Government of Iran.
(2) The exportation or reexportation, directly or indirectly, of
the services, software, and hardware specified in paragraph (a) of this
general license to any person whose property and interests in property
are blocked pursuant to any part of 31 CFR chapter V.
(3) The exportation or reexportation, directly or indirectly, of
commercial-grade Internet connectivity services or telecommunications
transmission facilities (such as dedicated satellite links or dedicated
lines that include quality of service guarantees).
(4) The exportation or reexportation, directly or indirectly, of
web-hosting services that are for purposes other than personal
communications (e.g., web-hosting services for commercial
[[Page 43279]]
endeavors) or of domain name registration services.
(c) Effective May 30, 2013, transfers of funds from Iran or for or
on behalf of a person in Iran in furtherance of an underlying
transaction authorized by paragraph (a) of this general license may be
processed by U.S. depository institutions and U.S. registered brokers
or dealers in securities so long as they are consistent with 31 CFR
Sec. 560.516.\1\
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\1\ The authorization set forth in paragraph (c) of this general
license does not authorize any transaction prohibited by any part of
chapter V of 31 CFR other than part 560. Accordingly, the transfer
of funds may not be by, to, or through any of the following: (1) A
person whose property and interests in property are blocked pursuant
to the Weapons of Mass Destruction Proliferators Sanctions
Regulations, 31 CFR part 544, or the Global Terrorism Sanctions
Regulations, 31 CFR part 594; or (2) a person whose property and
interests in property are blocked pursuant to any other part of 31
CFR chapter V, or any Executive order, except an Iranian financial
institution whose property and interests in property are blocked
solely pursuant to 31 CFR part 560.
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(d) Specific licenses may be issued on a case-by-case basis for the
exportation and reexportation of services, software, and hardware
incident to personal communications not specified in paragraph (a) or
the Annex to this general license.
Issued: May 30, 2013.
Annex--Services, Software, and Hardware Incident to Personal
Communications Authorized for Exportation and Reexportation to Iran by
Paragraph (a) of ITSR General License D
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1.)............... Mobile phones (including but not limited to
smartphones), Personal Digital Assistants (PDAs),
Subscriber Identity Module (SIM) cards designated
EAR99 or classified on the CCL under ECCN 5A992.c;
drivers and connectivity software for such hardware
designated EAR99 or classified under ECCN 5D992.c;
and services necessary for the operation of such
hardware and software.
2.)............... Satellite phones and Broadband Global Area Network
(BGAN) hardware designated EAR99 or classified
under ECCN 5A992.c; demand drivers and connectivity
software for such hardware designated EAR99 or
classified under ECCN 5D992.c; and services
necessary for the operation of such hardware and
software.
3.)............... Modems, network interface cards, radio equipment
(including antennaes), routers, switches, and WiFi
access points, designed for 50 or fewer concurrent
users, designated EAR99 or classified under ECCNs
5A992.c, 5A991.b.2, or 5A991.b.4; drivers,
communications, and connectivity software for such
hardware designated EAR99 or classified under ECCN
5D992.c; and services necessary for the operation
of such hardware and software.
4.)............... Residential consumer satellite receive-only
terminals, receiver equipment (including but not
limited to antennaes, receivers, set-top boxes and
video decoders) designated EAR99 or classified
under ECCNs 5A992.c, 5A991.b.2 or 5A991.b.4;
drivers, communications, and connectivity software
for such hardware designated EAR99 or classified
under ECCN 5D992.c; and services necessary for the
operation of such hardware and software.
5.)............... Laptops, tablets, and personal computing devices,
disk drives, data storage devices, computer
peripherals, keyboards, and mice designated EAR99
or classified on the CCL under ECCNs 5A992.c,
5A991.b.2, 5A991.b.4 or 4A994.b; computer operating
systems, and software required for effective
consumer use of such hardware, including software
updates and patches, designated EAR99 or classified
under ECCN 5D992.c; and services necessary for the
operation of such hardware and software.
6.)............... Anti-virus and anti-malware software designated
EAR99 or classified under ECCN 5D992.c, and
services necessary for the operation of such
software.
7.)............... Anti-tracking software designated EAR99 or
classified under ECCN 5D992.c, and services
necessary for the operation of such software.
8.)............... Mobile operating systems, online app stores, and
related software designated EAR99 or classified
under ECCN 5D992.c, and services necessary for the
operation of such software.
9.)............... Anti-censorship tools and related software
designated EAR99 or classified under ECCN 5D992.c,
and services necessary for the operation of such
software.
10.).............. Virtual Private Networks, proxy tools, and fee-based
personal communications tools including voice,
text, video, voice-over-IP telephony, video chat,
and successor technologies, and communications and
connectivity software required for effective
consumer use designated EAR99 or classified under
ECCN 5D992.c, and services necessary for the
operation of such software.
11.).............. Secure Sockets Layers (SSLs) designated EAR99 or
classified under ECCN 5D992.c, and services
necessary for the operation of such software.
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Dated: July 10, 2013.
Adam J. Szubin,
Director, Office of Foreign Assets Control.
[FR Doc. 2013-17359 Filed 7-18-13; 8:45 am]
BILLING CODE 4810-AL-P