[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