Rule2022-22233
Publication of Iranian Transactions and Sanctions Regulations Web General License D-2
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 13, 2022
Issuing agencies
Treasury DepartmentForeign Assets Control Office
Abstract
The Department of the Treasury's Office of Foreign Assets Control (OFAC) is publishing one general license (GL) issued pursuant to the Iranian Transactions and Sanctions Regulations: GL D-2, which was previously made available on OFAC's website.
Full Text
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<title>Federal Register, Volume 87 Issue 197 (Thursday, October 13, 2022)</title>
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[Federal Register Volume 87, Number 197 (Thursday, October 13, 2022)]
[Rules and Regulations]
[Pages 62003-62005]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-22233]
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DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
31 CFR Part 560
Publication of Iranian Transactions and Sanctions Regulations Web
General License D-2
AGENCY: Office of Foreign Assets Control, Treasury.
ACTION: Publication of a web general license.
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SUMMARY: The Department of the Treasury's Office of Foreign Assets
Control (OFAC) is publishing one general license (GL) issued pursuant
to the Iranian Transactions and Sanctions Regulations: GL D-2, which
was previously made available on OFAC's website.
DATES: GL D-2 was issued on September 23, 2022. See SUPPLEMENTARY
INFORMATION for additional relevant dates.
FOR FURTHER INFORMATION CONTACT: OFAC: Assistant Director for
Licensing, 202-622-2480; Assistant Director for Regulatory Affairs,
202-622-4855; or Assistant Director for Sanctions Compliance &
Evaluation, 202-622-2490.
SUPPLEMENTARY INFORMATION:
Electronic Availability
This document and additional information concerning OFAC are
available on OFAC's website: <a href="http://www.treas.gov/ofac">www.treas.gov/ofac</a>.
Background
On September 23, 2022, OFAC issued GL D-2 to authorize certain
transactions otherwise prohibited by the Iranian Transactions and
Sanctions Regulations, 31 CFR part 560. At the time of issuance, OFAC
made GL D-2 available on its website (<a href="http://www.treas.gov/ofac">www.treas.gov/ofac</a>). GL D-2
replaced and superseded GL D-1 in its entirety. The text of GL D-2 is
provided below.
OFFICE OF FOREIGN ASSETS CONTROL
Iranian Transactions and Sanctions Regulations
31 CFR part 560
GENERAL LICENSE D-2
General License With Respect to Certain Services, Software, and
Hardware Incident to Communications
(a) 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 or no-cost 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 or no-cost services
incident to the exchange of communications over the internet, such as
instant messaging, chat and email, social networking, sharing of photos
and movies, web browsing, blogging, social media platforms,
collaboration platforms, video conferencing, e-gaming, e-learning
platforms, automated translation, web maps, and user authentication
services, as well as cloud-based services in support of the foregoing
or of any other transaction authorized or exempt under the ITSR.
(2) Fee-based or no-cost software. (i) Software subject to the EAR.
The exportation, reexportation, or provision, directly or indirectly,
to Iran of fee-based or no-cost software subject to the Export
Administration Regulations, 15 CFR parts 730 through 774 (EAR), that is
incident to, or enables services incident to, the exchange of
communications over the internet, such as instant messaging, chat and
email, social networking, sharing of photos and movies, web browsing,
blogging, social media platforms, collaboration platforms, video
conferencing, e-gaming, e-learning platforms, automated translation,
web maps, and user authentication services, as well as cloud-based
services in support of the foregoing or of any other transaction
authorized or exempt under the ITSR, 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 or no-cost software
that is not subject to the EAR because it is of foreign origin and is
located outside the United States, that is incident to, or enables
services incident to, the exchange of communications over the internet,
such as instant messaging, chat and email, social networking, sharing
of photos and movies, web browsing, blogging, social media platforms,
collaboration platforms, video conferencing, e-gaming, e-learning
platforms, automated translation, web maps, and user authentication
services, as well as cloud-based services in support of the foregoing
or of any other transaction authorized or exempt under the ITSR,
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
additional 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 paragraphs (a)(1) or (a)(2) of this general
license, the exportation, reexportation, or provision, directly or
indirectly, to Iran of certain software and hardware incident to
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,
[[Page 62004]]
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) of this general license.
Note to paragraphs (a)(2) and (a)(3). The authorizations in
paragraphs (a)(2) and (a)(3) of this general license include the
exportation, reexportation, or provision, directly or indirectly, to
Iran of authorized hardware and software by an individual leaving
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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 non-
commercial-grade internet connectivity services, to include cloud-based
services, and the provision, sale, or leasing of capacity on
telecommunications transmission facilities (such as satellite or
terrestrial network connectivity) incident to 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), paragraphs (a)(2) or (a)(3)
of this general license, or paragraphs (a)(2) or (a)(3) of General
License D-1, 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), paragraphs (a)(2) or (a)(3) of this general license,
or paragraphs (a)(2) or (a)(3) of General License D-1 when it was in
effect.
(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) of this general license.
\3\ See 31 CFR 560.304.
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
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subparagraph (a)(3)(iii) of this general license.
Note 2 to paragraph (a). The authorizations of U.S. persons set
forth in paragraph (a) of this general license 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.
(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 websites of commercial endeavors
located in Iran or of domain name registration services for or on
behalf of a person located in Iran or the Government of Iran.
(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) 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 or Executive
Order 13902.
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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 communications not specified in paragraph (a) or
the Annex to this general license or other activities to support
internet freedom in Iran, including development and hosting of anti-
surveillance software by Iranian developers.
(e) Effective September 23, 2022, General License D-1, dated
February 7, 2014, is replaced and superseded in its entirety by this
General License D-2.
Andrea M. Gacki,
[[Page 62005]]
Director, Office of Foreign Assets Control
Dated: September 23, 2022
Annex to General License D-2: Services, Software, and Hardware Incident
to Communications Authorized for Exportation, Reexportation, or
Provision to Iran by Paragraph (a)(3) of General License D-2
Note: See paragraph (a)(3)(ii)-(iii) of General License D-2 for
authorizations related to certain hardware and software that is of a
type described below but that is not subject to the EAR.
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(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.
(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.
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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.
Andrea M. Gacki,
Director, Office of Foreign Assets Control.
[FR Doc. 2022-22233 Filed 10-12-22; 8:45 am]
BILLING CODE 4810-AL-P
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</html>Indexed from Federal Register on October 13, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.