Treasury
Department Reaffirms Commitment to Fostering Internet Freedom and Supporting
the Iranian People
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March 2018
WASHINGTON – The U.S. Department of the
Treasury’s Office of Foreign Assets Control (OFAC) today highlighted existing
guidance to underscore the U.S. Government’s ongoing commitment to ensure that
the Iranian people can exercise their universal right to freedom of expression
and can freely access information via the Internet. OFAC’s guidance,
authorizations, and licensing policies support the Administration’s continued
commitment to promote the free flow of information to citizens of Iran – which
the Iranian regime has consistently denied to its people.
“The Iranian regime has demonstrated contempt for
fundamental freedoms, such as expression, assembly, and association.
By restricting access to satellite
services, blocking access to social media sites and apps, and imposing other
Internet restrictions, the regime seeks to impede the Iranian people from
freely communicating with the outside world and with each other,” said
Secretary of the Treasury Steven T. Mnuchin.
“The Iranian people should be free to
seek, receive, and impart information as they see fit. The United States
is committed to empowering Iranians to engage with the world, express
themselves, and hold the Iranian regime accountable for its actions.”
OFAC continues to foster and support the free
flow of information to the Iranian people through the following authorizations
and licensing policies:
General Licenses.
OFAC has two Iran-related general licenses that authorize the provision of
certain hardware, software, and services incident to the exchange of personal
communications over the Internet, such as instant messaging, chat and email,
and social networking software and services, as well as certain apps for mobile
operating systems, anti-censorship tools, anti-tracking software, mobile
phones, and other devices.
Section 560.540 of the Iranian Transactions and
Sanctions Regulations (ITSR), 31 C.F.R. Part 560, authorizes the exportation
from the United States or by U.S. persons, wherever located, to persons in Iran
of certain publicly available, no-cost services incident to the exchange of
personal communications over the Internet and certain publicly available,
no-cost software necessary to enable such services.
General License D-1 (GL D-1), which is broader
than the general license in section 560.540 of the ITSR, authorizes the export
and reexport of fee-based services and software incident to the exchange of
personal communications over the Internet, as well as the export, reexport, or
provision of certain software and hardware incident to personal
communications.
The Annex to GL D-1 provides a list of
services, software, and hardware that are considered “incident to personal
communications” and eligible for export or reexport to Iran under this general
license.
Guidance.
OFAC has provided extensive guidance on its website on these general licenses,
including “Interpretive Guidance and a Statement of Licensing Policy on
Internet Freedom in Iran” (describing the authorization in Section 560.540 of
the ITSR and OFAC’s policy for reviewing specific licenses in this area) and
multiple “Frequently Asked Questions” (FAQs) on GL D-1 (FAQs 337-348 and FAQs
434-443).
Licensing
Policies. OFAC will consider applications to
provide products and services outside the scope of these authorizations on a
case-by-case basis based on U.S. foreign policy and national security
interests. Section 560.540 includes a specific licensing policy for the
export of other services and software incident to information-sharing over the
Internet, subject to certain conditions. Additionally, GL D-1 also
includes a specific licensing policy for the export of other services, software,
or hardware incident to personal communications that are outside the scope of
the general license.
As the Iranian people seek to exercise their
universal right to freedom of expression and continue to seek access to
information via the Internet, OFAC remains committed to engaging with the
private sector to provide guidance on the range of activities authorized by
section 560.540 and GL D-1 of the ITSR. If you require assistance with
interpreting the authorizations contained in section 560.540 and GL D-1 of the
ITSR or assessing how they apply to your situation, or need guidance on how to
apply for a specific license, please contact OFAC’s Licensing Division online,
by phone at 202-622-2480, or by email at ofac_feedback@do.treas.gov.
View the OFAC guidance concerning Iran and GL
D-1.
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