Notice2024-10722
Publication of the List of Services, Software, and Hardware Incident to Communications
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
May 17, 2024
Effective
May 17, 2024
Issuing agencies
Treasury DepartmentForeign Assets Control Office
Abstract
The Department of the Treasury's Office of Foreign Assets Control (OFAC) is publishing a list of items that have been determined to be incident to communications and therefore authorized for export or reexport to Iran under a general license issued pursuant to the Iranian Transactions and Sanctions Regulations (ITSR). The list previously existed as an annex to ITSR General License D and its subsequent iterations, General License D-1 and General License D-2, all of which were previously made available on OFAC's website. Concurrent with publication of the list, OFAC is publishing an updated version of the list that, effective 30 days after publication, will restrict the computing power of certain items on the list.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 97 (Friday, May 17, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 97 (Friday, May 17, 2024)]
[Notices]
[Pages 43512-43513]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-10722]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
Publication of the List of Services, Software, and Hardware
Incident to Communications
AGENCY: Office of Foreign Assets Control, Treasury.
ACTION: Publication of a list of items determined to be incident to
communications in the Iranian Transactions and Sanctions Regulations.
-----------------------------------------------------------------------
SUMMARY: The Department of the Treasury's Office of Foreign Assets
Control (OFAC) is publishing a list of items that have been determined
to be incident to communications and therefore authorized for export or
reexport to Iran under a general license issued pursuant to the Iranian
Transactions and Sanctions Regulations (ITSR). The list previously
existed as an annex to ITSR General License D and its subsequent
iterations, General License D-1 and General License D-2, all of which
were previously made available on OFAC's website. Concurrent with
publication of the list, OFAC is publishing an updated version of the
list that, effective 30 days after publication, will restrict the
computing power of certain items on the list.
DATES: This list is effective May 17, 2024.
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
The text of the List of Services, Software, and Hardware Incident
to Communications is available on the Iran Sanctions page on OFAC's
website, and additional information concerning OFAC is available on
OFAC's website (<a href="http://www.treasury.gov/ofac">www.treasury.gov/ofac</a>).
Background
On May 30, 2013, OFAC, in consultation with the Departments of
State and Commerce, issued General License (GL) D under the
Regulations. GL D was made available on OFAC's website and in the
Federal Register (78 FR 43278, July 19, 2013). GL D authorized the
exportation or reexportation, directly or indirectly, from the United
States or by U.S. persons, wherever located, to persons in Iran of
additional services, software, and hardware incident to personal
communications, including fee-based versions of the software and
services authorized in Sec. 560.540. GL D also contained an Annex that
listed items authorized for export or reexport that had been determined
to be incident to personal communications.
On February 7, 2014, OFAC issued GL D-1, which replaced and
superseded GL D in its entirety. GL D-1 was made available on OFAC's
website and in the Federal Register (79 FR 13736, March 11, 2014). GL
D-1 clarified certain aspects of GL D and added certain new
[[Page 43513]]
authorizations relating to the provision to Iran and importation from
Iran of certain hardware, software, and services incident to personal
communications. GL D-1 made minor amendments to the Annex from GL D. On
September 23, 2022, OFAC issued GL D-2, which replaced and superseded
GL D-1 in its entirety. GL D-2 was made available on OFAC's website and
in the Federal Register (87 FR 62003, October 13, 2022), and updated
and clarified GL D-1 by, among other things: removing the ``personal''
qualifier from the authorization for software and services incident to
``personal communication'' and providing additional examples of certain
modern types of software and services that are incident to the exchange
of communications.
OFAC is now publishing the list of items previously included in the
annexes to GL D, GL D-1, and GL D-2 as the 31 CFR 560.540 List of
Services, Software, and Hardware Incident to Communications (the
``List''). The text of the List is provided below. Concurrently, OFAC
is publishing an updated version of the List that will restrict the
computing power of laptops, tablets, and personal computing devices
authorized for exportation or reexportation to Iran under category (5)
of the List, effective 30 days after publication in the Federal
Register.
31 CFR 560.540 List of Services, Software, and Hardware Incident to
Communications
Note: See paragraphs (a)(3)(ii)-(iii) of Sec. 560.540 for
authorizations related to certain hardware and software that is of a
type described below but that is not subject to the Export
Administration Regulations, 15 CFR parts 730 through 774 (EAR).
1. Mobile phones (including smartphones), Personal Digital
Assistants (PDAs), Subscriber Identity Module/Subscriber Information
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.
---------------------------------------------------------------------------
\*\ For purposes of the 31 CFR 560.540 List of Services,
Software, and Hardware Incident to Communications, 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.
---------------------------------------------------------------------------
4. Residential consumer* satellite terminals, transceiver equipment
(including 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 consumer* disk drives and other
data storage devices) and accessories for such devices (including
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 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.
Bradley T. Smith,
Director, Office of Foreign Assets Control.
[FR Doc. 2024-10722 Filed 5-16-24; 8:45 am]
BILLING CODE 4810-AL-P
</pre></body>
</html>Indexed from Federal Register on May 17, 2024.
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.