Publication of Iran General License D-1
Notice published March 11, 2014 · 79 FR 13736
- Document number
- FR Doc. 2014-05210
- Type
- Notice
- Published
- March 11, 2014
- Citation
- 79 FR 13736 (pages 13,736–13,739)
- Action
- Notice, publication of general license.
- Effective
- February 7, 2014
- Dates
- Effective Date: February 7, 2014.
- 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-1 issued under the Iranian transactions sanctions program on February 7, 2014. General License D-1 authorizes the exportation, reexportation, or provision to Iran of certain services, software, and hardware incident to personal communications, subject to certain limitations, as well as the importation into the United States of certain software and hardware previously exported to Iran.
Executive orders cited
- Executive Order 13599 · Other documents citing it
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 79, Number 47 (Tuesday, March 11, 2014)]
[Notices]
[Pages 13736-13739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-05210]
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DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
Publication of Iran General License D-1
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-1 issued under the
Iranian transactions sanctions program on February 7, 2014. General
License D-1 authorizes the exportation, reexportation, or provision to
Iran of certain services, software, and hardware incident to personal
communications, subject to certain limitations, as well as the
importation into the United States of certain software and hardware
previously exported to Iran.
DATES: Effective Date: February 7, 2014.
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.:
202/622-6746, 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 (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 and made General License D available on
the OFAC Web site (www.treasury.gov/ofac). On July 19, 2013, OFAC
published General License D in the Federal Register, 78 FR 43278.
On February 7, 2014, OFAC issued General License D-1. General
License D-1 clarifies certain aspects of General License D and adds
certain new authorizations relating to the exportation, reexportation,
or provision to Iran of certain services, software, and hardware
incident to personal communications, subject to certain limitations, as
well as to the importation into the United States of certain software
and hardware previously exported to Iran. Effective February 7, 2014,
General License D-1 replaced and superseded in its entirety General
License D. At the time of its issuance on February 7, 2014, OFAC made
General
[[Page 13737]]
License D-1 available on the OFAC Web site (www.treasury.gov/ofac).
With this notice, OFAC is publishing General License D-1 in the Federal
Register.
General License D-1
General License With Respect to Certain Services, Software, and
Hardware Incident to Personal Communications
(a) Effective February 7, 2014, 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) Fee-based services. The exportation or reexportation, directly
or indirectly, from the United States or by a U.S. person, wherever
located, to 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) Fee-based software. (i) Software subject to the EAR. The
exportation, reexportation, or provision, directly or indirectly, to
Iran of fee-based software subject to the Export Administration
Regulations, 15 CFR parts 730 through 774 (the ``EAR''), that is
necessary to enable 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, provided that such software is designated EAR99 or
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.
(ii) Software that is not subject to the EAR because it is of
foreign origin and is located outside the United States. The
exportation, reexportation, or provision, directly or indirectly, by a
U.S. person, wherever located, to Iran of fee-based software that is
not subject to the EAR because it is of foreign origin and is located
outside the United States that is necessary to enable 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, provided that such software
would be designated EAR99 if it were located in the United States or
would meet the criteria for classification under ECCN 5D992.c if it
were subject to the EAR.
Note to Paragraphs (a)(1) and (a)(2): See 31 CFR 560.540 for
authorizations relating to the exportation to persons in Iran of no-
cost services incident to the exchange of personal communications over
the Internet and no-cost software necessary to enable such services.
(3) Additional Software, Hardware, and Related Services. To the
extent not authorized by paragraph (a)(1) or (a)(2), the exportation,
reexportation, or provision, directly or indirectly, to Iran of certain
software and hardware incident to personal communications, as well as
related services, as follows:
(i) in the case of hardware and software subject to the EAR, the
items specified in the Annex to this general license;
(ii) in the case of hardware and software that is not subject to
the EAR because it is of foreign origin and is located outside the
United States that is exported, reexported, or provided, directly or
indirectly, by a U.S. person, wherever located, hardware and software
that is of a type described in the Annex to this general license
provided that it would be designated EAR99 if it were located in the
United States or would meet the criteria for classification under the
relevant ECCN specified in the Annex to this general license if it were
subject to the EAR; and
(iii) in the case of software not subject to the EAR because it is
described in 15 CFR 734.3(b)(3) that is exported, reexported, or
provided, directly or indirectly, from the United States or by a U.S.
person, wherever located, software that is of a type described in the
Annex to this general license.\1\
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\1\ See Note 1 to paragraph (a).
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Note to Paragraphs (a)(2) and (a)(3): The authorizations in
paragraphs (a)(2) and (a)(3) include the exportation, reexportation, or
provision, directly or indirectly, to Iran of authorized hardware and
software by an individual leaving the United States for Iran.
(4) Internet connectivity services and telecommunications capacity.
The exportation or reexportation, directly or indirectly, from the
United States or by a U.S. person, wherever located, to 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)(4): See 31 CFR 560.508 for authorizations
relating to transactions with respect to the receipt and transmission
of telecommunications involving Iran.
(5) Importation into the United States of hardware and software
previously exported to Iran. The importation into the United States of
hardware and software authorized for exportation, reexportation, or
provision to Iran under 31 CFR 560.540(a) or paragraphs (a)(2) and
(a)(3) of this general license by an individual entering the United
States, directly or indirectly, from Iran, provided that the items
previously were exported, reexported, or provided by the individual to
Iran pursuant to 31 CFR 560.540(a) or paragraphs (a)(2) and (a)(3) of
this general license.
(6) Publicly available,\2\ no cost services and software to the
Government of Iran.\3\ (i) Services. The exportation or reexportation,
directly or indirectly, from the United States or by a U.S. person,
wherever located, to the Government of Iran of services described in 31
CFR 560.540(a)(1) or categories (6) through (11) of the Annex to this
general license, provided that such services are publicly available at
no cost to the user. (ii) Software. The exportation, reexportation, or
provision, directly or indirectly, to the Government of Iran of
software described in 31 CFR 560.540(a)(2) or categories (6) through
(11) of the Annex to this general license, read in conjunction with
paragraph (a)(3) of this general license, provided that such software
is publicly available at no cost to the user.
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\2\ See Note 1 to paragraph (a).
\3\ See 31 CFR 560.304.
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Note 1 to Paragraph (a): In sub-paragraph (a)(6), the term
``publicly available'' refers generally to software that is widely
available to the public. Sub-paragraph (a)(3)(iii) refers to software
that is described in 15 CFR 734.3(b)(3), which defines ``publicly
available'' software for purposes of the EAR. The scope of the term
``publicly available'' in paragraph (a)(6) of this general license thus
differs from the scope of the Department of Commerce's regulation at 15
CFR 734.3(b)(3) as referenced in subparagraph (a)(3)(iii) of this
general license.
Note 2 to Paragraph (a): The authorizations of U.S. persons set
forth in paragraph (a) extend to entities owned or controlled by a U.S.
person and established or maintained outside the United States (``U.S.-
owned or -controlled foreign entities''), subject to the conditions set
forth in 31 CFR 560.556.
Note 3 to Paragraph (a): Nothing in this general license relieves
the exporter from compliance with the export license application
requirements of another Federal agency.
[[Page 13738]]
(b) This general license does not authorize:
(1) The exportation, reexportation, or provision, directly or
indirectly, of the services, software, or hardware specified in
paragraph (a) with knowledge or reason to know that such services,
software, or hardware are intended for the Government of Iran, except
for services or software specified in paragraph (a)(6).
(2) The exportation, reexportation, or provision, directly or
indirectly, of the services, software, or hardware specified in
paragraph (a) to any person whose property and interests in property
are blocked pursuant to any part of 31 CFR chapter V, other than
persons whose property and interests in property are blocked solely
pursuant to Executive Order 13599 as the Government of Iran.
(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 commercial endeavors or of domain
name registration services.
(5) Any transaction by a U.S.-owned or -controlled foreign entity
otherwise prohibited by 31 CFR 560.215 if the transaction would be
prohibited by any other part of chapter V if engaged in by a U.S.
person or in the United States.
(6) Any action or activity involving any item (including
information) subject to the EAR that is prohibited by, or otherwise
requires a license under, part 744 of the EAR or participation in any
transaction involving a person whose export privileges have been denied
pursuant to part 764 or 766 of the EAR, without authorization from the
Department of Commerce.
(c) Effective February 7, 2014, 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) 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 560.516.\4\
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\4\ 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, reexportation, or provision of services, software, or
hardware incident to personal communications not specified in paragraph
(a) or the Annex to this general license.
(e) Effective February 7, 2014, GL D-1 replaces and supersedes in
its entirety GL D, dated May 30, 2013.
Annex--Services, Software, and Hardware Incident to Personal
Communications Authorized for Exportation, Reexportation, or Provision
to Iran by Paragraph (a)(3) of ITSR General License D-1
Note: See paragraph (a)(3)(ii)-(iii) of General License D-1 for
authorizations related to certain hardware and software that is of a
type described below but that is not subject to the EAR.
1. Mobile phones (including but not limited to smartphones),
Personal Digital Assistants (PDAs), Subscriber Identity Module (SIM)
cards, and accessories for such devices 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. Consumer * modems, network interface cards, radio equipment
(including antennae), 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.
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* For purposes of this Annex, the term ``consumer'' refers to
items that are: (1) Generally available to the public by being sold,
without restriction, from stock at retail selling points by means of
any of the following: (a) Over-the-counter transactions; (b) mail
order transactions; (c) electronic transactions; or (d) telephone
call transactions; and (2) designed for installation by the user
without further substantial support by the supplier.
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4. Residential consumer* satellite terminals, transceiver equipment
(including but not limited to antennae, 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, and
peripherals for such devices (including but not limited to consumer*
disk drives and other data storage devices) and accessories for such
devices (including but not limited to 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 application for mobile
operating systems (app) stores, and related software, including apps
designed to run on mobile operating systems, 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 Network (VPN) client software, proxy tools, and
fee-based client 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. Provisioning and verification software for Secure Sockets
Layers (SSL) certificates designated EAR99 or classified under ECCN
5D992.c; and services necessary for the operation of such software.
Issued: February 7, 2014.
[[Page 13739]]
Dated: March 5, 2014.
Adam J. Szubin,
Director, Office of Foreign Assets Control.
[FR Doc. 2014-05210 Filed 3-10-14; 8:45 am]
BILLING CODE 4810-AL-P