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344. How do the authorizations in paragraphs (a)(1), (a)(2), and (a)(6) of General License (GL) D-2 compare to the general license in 31 C.F.R. § 560.540 authorizing certain services and software incident to internet-based communications?


Section 560.540 authorizes the exportation from the United States or by U.S. persons, wherever located, 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.  Please also see OFAC’s Interpretive Guidance and Statement of Licensing Policy on Internet Freedom in Iran (March 20, 2012). 

See https://ofac.treasury.gov/system/files/126/internet_freedom.pdf.  Paragraphs (a)(1) and (a)(2) of GL D-2 go beyond § 560.540 by, among other things, authorizing fee-based services and software incident to the exchange of communications over the internet.

In addition, to further ensure that the sanctions on Iran do not have an unintended chilling effect on the willingness of companies to make available certain publicly available, no-cost communications tools to persons in Iran, pursuant to paragraph (a)(6) of GL D-2, the exportation, reexportation, or provision to the Government of Iran of certain publicly available, no-cost services and software described in § 560.540(a) or categories (6) through (11) of the Annex to GL D-2 is authorized. U.S. persons continue generally to be prohibited from exporting goods and services to persons whose property and interests in property are blocked pursuant to any part of 31 C.F.R. chapter V, other than Government of Iran end-users blocked solely pursuant to Executive Order 13599.  See GL D-2 paragraph (b)(2).  Prohibited end-users include Iranian persons whose property and interests in property are blocked pursuant to OFAC authorities relating to WMD proliferation, terrorism, and human rights abuses. In addition, GL D-2 does not authorize any action or activity involving any item (including information) subject to Commerce's Export Administration Regulations (EAR) that is prohibited by, or otherwise requires a license under, part 774 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. 
Date Updated: January 11, 2023

Date Released
February 7, 2014