[Federal Register Volume 89, Number 97 (Friday, May 17, 2024)]
[Notices]
[Pages 43512-43513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10722]


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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.

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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 (www.treasury.gov/ofac).

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.
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    \*\ 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.
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    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