Publication of Iranian Transactions and Sanctions Regulations Web General License D-2, 62003-62005 [2022-22233]
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Federal Register / Vol. 87, No. 197 / Thursday, October 13, 2022 / Rules and Regulations
(A) The scope of benefits is the same
for the employee and related
individuals; and
(B) Cost sharing (including
deductibles, co-payments, coinsurance,
and out-of-pocket maximums) under the
plan is the same for the employee and
related individuals under the tier of
coverage that would, if elected, include
the employee and all related individuals
(disregarding any differences in
deductibles or out-of-pocket maximums
that are attributable to a different tier of
coverage, such as self plus one versus
family coverage).
*
*
*
*
*
(g) * * *
(2) Exceptions. (i) Paragraph (a)(1)(ii)
of this section applies for plan years
beginning after November 3, 2014; and
(ii) Paragraph (a)(2) of this section
applies to taxable years beginning after
December 31, 2022.
Douglas W. O’Donnell,
Deputy Commissioner for Services and
Enforcement.
Approved: October 1, 2022.
Lily Batchelder,
Assistant Secretary of the Treasury (Tax
Policy).
Office of Foreign Assets Control
31 CFR Part 560
Publication of Iranian Transactions
and Sanctions Regulations Web
General License D–2
Office of Foreign Assets
Control, Treasury.
ACTION: Publication of a web general
license.
AGENCY:
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.
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Jkt 259001
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 (www.treas.gov/ofac). 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D–2 replaced and superseded GL D–1 in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
General License With Respect to
Certain Services, Software, and
Hardware Incident to Communications
DEPARTMENT OF THE TREASURY
16:28 Oct 12, 2022
This document and additional
information concerning OFAC are
available on OFAC’s website:
www.treas.gov/ofac.
GENERAL LICENSE D–2
BILLING CODE 4830–01–P
VerDate Sep<11>2014
Electronic Availability
31 CFR part 560
[FR Doc. 2022–22184 Filed 10–11–22; 8:45 am]
SUMMARY:
SUPPLEMENTARY INFORMATION:
(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 feebased 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
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62003
movies, web browsing, blogging, social
media platforms, collaboration
platforms, video conferencing, egaming, 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, egaming, 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,
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Federal Register / Vol. 87, No. 197 / Thursday, October 13, 2022 / Rules and Regulations
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
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 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 cloudbased services, and the provision, sale,
or leasing of capacity on
telecommunications transmission
facilities (such as satellite or terrestrial
network connectivity) incident to
communications.
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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
1 See Note 1 to paragraph (a) of this general
license.
2 See Note 1 to paragraph (a) of this general
license.
VerDate Sep<11>2014
16:28 Oct 12, 2022
Jkt 259001
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.
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) 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 See
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31 CFR 560.304.
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(3) The exportation or reexportation,
directly or indirectly, of commercialgrade 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
(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,
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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Federal Register / Vol. 87, No. 197 / Thursday, October 13, 2022 / Rules and Regulations
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
62005
related to certain hardware and software that
is of a type described below but that is not
subject to the EAR.
Note: See paragraph (a)(3)(ii)–(iii) of
General License D–2 for authorizations
(1.) ........
(2.) ........
(3.) ........
(4.) ........
(5.) ........
(6.) ........
(7.) ........
(8.) ........
(9.) ........
(10.) ......
(11.) ......
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.
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.
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.
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.
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.
Anti-virus and anti-malware software designated EAR99 or classified under ECCN 5D992.c; and services necessary for the operation
of such software.
Anti-tracking software designated EAR99 or classified under ECCN 5D992.c; and services necessary for the operation of such software.
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.
Anti-censorship tools and related software designated EAR99 or classified under ECCN 5D992.c; and services necessary for the operation of such software.
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.
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.
* 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.
The Department of the
Treasury’s Office of Foreign Assets
Control (OFAC) is publishing one
general license (GL) issued pursuant to
the Russian Harmful Foreign Activities
Sanctions Regulations: GL 13B, which
was previously issued on OFAC’s
website.
SUMMARY:
[FR Doc. 2022–22233 Filed 10–12–22; 8:45 am]
BILLING CODE 4810–AL–P
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
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31 CFR Part 587
Publication of Russian Harmful
Foreign Activities Sanctions
Regulations Web General License 13B
Office of Foreign Assets
Control, Treasury.
AGENCY:
ACTION:
Publication of a web general
license.
VerDate Sep<11>2014
17:38 Oct 12, 2022
Jkt 259001
GL 13B was issued on September
8, 2022. See SUPPLEMENTARY
INFORMATION for additional relevant
dates.
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.
PO 00000
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SUPPLEMENTARY INFORMATION:
Electronic Availability
This document and additional
information concerning OFAC are
available on OFAC’s website:
www.treas.gov/ofac.
Background
On September 8, 2022, OFAC issued
GL 13B on its website to authorize
certain transactions otherwise
prohibited by the Russian Harmful
Foreign Activities Sanctions
Regulations, 31 CFR part 587. GL 13B
replaced and superseded in its entirety
GL 13A. GL 13B expires on December 7,
2022. The text of GL 13B is provided
below.
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]]>Agencies
[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 [www.gpo.gov]
[FR Doc No: 2022-22233]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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: www.treas.gov/ofac.
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 (www.treas.gov/ofac). 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
---------------------------------------------------------------------------
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
