[Federal Register: August 30, 2007 (Volume 72, Number 168)]
[Rules and Regulations]
[Page 50047-50052]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30au07-4]
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DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
31 CFR Parts 515, 537, 538, and 560
Cuban Assets Control Regulations, Burmese Sanctions Regulations,
Sudanese Sanctions Regulations, and Iranian Transactions Regulations
AGENCY: Office of Foreign Assets Control, Treasury.
ACTION: Final rule.
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SUMMARY: The Office of Foreign Assets Control of the U.S. Department of
the Treasury is revising the general license for certain publishing
activities contained in the Cuban Assets Control Regulations, Burmese
Sanctions Regulations, Sudanese Sanctions Regulations, and Iranian
Transactions Regulations.
DATES: Effective Date: August 30, 2007.
FOR FURTHER INFORMATION CONTACT: Assistant Director for Licensing,
tel.: 202/622-2480, Assistant Director for Compliance, Outreach &
Implementation, tel.: 202/622-2490, Assistant Director for Policy,
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, Washington, DC 20220 (not toll
free numbers).
SUPPLEMENTARY INFORMATION:
Electronic and Facsimile Availability
This document and additional information concerning the Office of
Foreign Assets Control (``OFAC'') are available from OFAC's Web site
(http://www.treas.gov/ofac) or via facsimile through a 24-hour fax-on
demand service, tel.: (202) 622-0077.
Background
On December 17, 2004, the Office of Foreign Assets Control
(``OFAC'') of the Department of the Treasury amended the Cuban Assets
Control Regulations, 31 CFR Part 515 (the ``CACR''), the Sudanese
Sanctions Regulations, 31 CFR Part 538 (the ``SSR''), and the Iranian
Transactions Regulations, 31 CFR Part 560 (the ``ITR''), to authorize
certain activities related to publishing. See 69 FR 75468 (December 17,
2004). OFAC added Sec. Sec. 515.577, 538.529, and 560.538 to the CACR,
SSR, and ITR, respectively, to authorize by general license
transactions not already exempt from regulation that support the
publishing and marketing of manuscripts, books, journals, and
newspapers in paper and electronic format (``written publications'').
On August 16, 2005, OFAC amended and reissued the Burmese Sanctions
Regulations, 31 CFR Part 537 (the ``BSR'') including, at Sec. 537.526,
a general license for the same publishing-related transactions.
OFAC is amending these general licenses in various places to
authorize the augmentation of written publications in electronic format
through the addition of embedded software necessary for reading,
browsing, navigating, or searching the written publications as well as
the exportation of such embedded software provided certain conditions
are met. These amendments also clarify that the term ``written
publications'' used in the general licenses includes manuscripts,
books, journals, and newspapers even if they are published solely in
electronic format. A note is added to each general license clarifying
that the importation and exportation of information or informational
materials are exempt from the prohibitions and regulations contained in
the CACR, SSR, and ITR and, in the case of the BSR, clarifying that the
importation of informational materials is authorized and the
exportation of informational materials is exempt from the prohibitions
and regulations of the BSR. These amendments also make various other
technical corrections, clarifications, and conforming changes.
Public Participation; Procedural Requirements
Because the CACR, BSR, SSR, and ITR involve a foreign affairs
function, the provisions of Executive Order 12866
[[Page 50048]]
and the Administrative Procedure Act (5 U.S.C. 553) requiring notice of
proposed rulemaking, opportunity for public participation, and delay in
effective date are inapplicable. Because no notice of proposed
rulemaking is required for this rule, the Regulatory Flexibility Act (5
U.S.C. 601-612) does not apply.
Paperwork Reduction Act
The collections of information related to 31 CFR parts 515, 537,
538, and 560 are contained in 31 CFR part 501. Pursuant to the
Paperwork Reduction Act of 1995 (44 U.S.C. 3507), those collections of
information have been approved by the Office of Management and Budget
under control number 1505-0164. An agency may not conduct or sponsor,
and a person is not required to respond to, a collection of information
unless the collection of information displays a valid control number.
List of Subjects
31 CFR Part 515
Administrative practice and procedure, Cuba, Exports, Foreign
trade, Imports, Information.
31 CFR Part 537
Administrative practice and procedure, Burma, Exports, Foreign
trade, Imports, Information.
31 CFR Part 538
Administrative practice and procedure, Exports, Foreign trade,
Imports, Information, Sudan.
31 CFR Part 560
Administrative practice and procedure, Exports, Foreign trade,
Iran, Imports, Information.
0
For the reasons set forth in the preamble, OFAC amends 31 CFR parts
515, 537, 538, and 560 as follows:
PART 515--CUBAN ASSETS CONTROL REGULATIONS
0
1. The authority citation for part 515 continues to read as follows:
Authority: 18 U.S.C. 2332d; 22 U.S.C. 2370(a), 6001-6010; 31
U.S.C. 321(b); 50 U.S.C. App 1-44; Pub. L. 101-410, 104 Stat. 890
(28 U.S.C. 2461 note); Pub. L. 106-387, 114 Stat. 1549; E.O. 9193, 7
FR 5205, 3 CFR, 1938-1943 Comp., p. 1147; E.O. 9989, 13 FR 4891, 3
CFR, 1943-1948 Comp., p. 748; Proc. 3447, 27 FR 1085, 3 CFR, 1959-
1963 Comp., p. 157; E.O. 12854, 58 FR 36587, 3 CFR, 1993 Comp., p.
614.
Subpart E--Licenses, Authorizations, and Statements of Licensing
Policy
0
2. Section 515.577 is revised to read as follows:
Sec. 515.577 Authorized transactions necessary and ordinarily
incident to publishing.
(a) To the extent that such activities are not exempt from this
part, and subject to the restrictions set forth in paragraphs (b)
through (d) of this section, persons subject to the jurisdiction of the
United States are authorized to engage in all transactions necessary
and ordinarily incident to the publishing and marketing of manuscripts,
books, journals, and newspapers in paper or electronic format
(collectively, ``written publications'').
This section does not apply if the parties to the transactions
described in this paragraph include the Government of Cuba. For the
purposes of this section, the term ``Government of Cuba'' includes the
state and the Government of Cuba, as well as any political subdivision,
agency, or instrumentality thereof, including the Central Bank of Cuba;
any person occupying the positions identified in Sec. 515.570(a)(3);
employees of the Ministry of Justice; and any person acting or
purporting to act directly or indirectly on behalf of any of the
foregoing with respect to the transactions described in this paragraph.
For the purposes of this section, the term ``Government of Cuba'' does
not include any academic and research institutions and their personnel.
Pursuant to this section, the following activities are authorized,
provided that persons subject to the jurisdiction of the United States
ensure that they are not engaging, without separate authorization, in
the activities identified in paragraphs (b) through (d) of this
section:
(1) Commissioning and making advance payments for identifiable
written publications not yet in existence, to the extent consistent
with industry practice;
(2) Collaborating on the creation and enhancement of written
publications; (3)(i) Augmenting written publications through the
addition of items such as photographs, artwork, translation,
explanatory text, and, for a written publication in electronic format,
the addition of embedded software necessary for reading, browsing,
navigating, or searching the written publication;
(ii) Exporting embedded software necessary for reading, browsing,
navigating, or searching a written publication in electronic format,
provided that, to the extent a license is required under the Export
Administration Regulations, 15 CFR parts 730 through 774 (the ``EAR''),
the exportation is licensed or otherwise authorized by the Department
of Commerce under the provisions of the EAR;
(4) Substantive editing of written publications;
(5) Payment of royalties for written publications;
(6) Creating or undertaking a marketing campaign to promote a
written publication; and
(7) Other transactions necessary and ordinarily incident to the
publishing and marketing of written publications as described in this
paragraph (a).
(b) This section does not authorize transactions involving the
provision of goods or services not necessary and ordinarily incident to
the publishing and marketing of written publications as described in
paragraph (a) of this section. For example, this section does not
authorize persons subject to the jurisdiction of the United States:
(1) To provide or receive individualized or customized services
(including, but not limited to, accounting, legal, design, or
consulting services), other than those necessary and ordinarily
incident to the publishing and marketing of written publications, even
though such individualized or customized services are delivered through
the use of information and informational materials;
(2) To create or undertake for any person a marketing campaign with
respect to any service or product other than a written publication, or
to create or undertake a marketing campaign of any kind for the benefit
of the Government of Cuba;
(3) To engage in the exportation or importation of goods to or from
Cuba other than the exportation of embedded software described in
paragraph (a)(3)(ii) of this section;
(4) To operate a publishing house, sales outlet, or other office in
Cuba; or
(5) To engage in transactions related to travel to, from, or within
Cuba.
Note to paragraph (b): The importation from Cuba and the
exportation to Cuba of information or informational materials, as
defined in Sec. 515.332, whether commercial or otherwise,
regardless of format or medium of transmission, are exempt from the
prohibitions and regulations of this part. See Sec. 515.206(a).
(c) This section does not authorize persons subject to the
jurisdiction of the United States to engage the services of publishing
houses or translators in Cuba unless such activity is primarily for the
dissemination of written publications in Cuba.
(d) This section does not authorize:
(1) Transactions for the development, production, or design of
software;
[[Page 50049]]
(2) Transactions for the development, production, design, or
marketing of technology specifically controlled by the International
Traffic in Arms Regulations, 22 CFR parts 120 through 130 (the
``ITAR''), the EAR, or the Department of Energy Regulations set forth
at 10 CFR part 810.
(3) The exportation of information or technology subject to the
authorization requirements of 10 CFR part 810, or Restricted Data as
defined in section 11 y. of the Atomic Energy Act of 1954, as amended,
or of other information, data, or technology the release of which is
controlled under the Atomic Energy Act and regulations therein;
(4) The exportation of any item (including information) subject to
the EAR where a U.S. person knows or has reason to know that the item
will be used, directly or indirectly, with respect to certain nuclear,
missile, chemical, or biological weapons or nuclear-maritime end-uses
as set forth in part 744 of the EAR. In addition, U.S. persons are
precluded from exporting any item subject to the EAR to certain
restricted end-users, as set forth in part 744 of the EAR, as well as
certain persons whose export privileges have been denied pursuant to
parts 764 or 766 of the EAR, without authorization from the Department
of Commerce; or
(5) The exportation of information subject to licensing
requirements under the ITAR, or exchanges of information that are
subject to regulation by other government agencies.
(e) Pursuant to Sec. 515.564, specific licenses may be issued on a
case-by-case basis authorizing the travel-related transactions set
forth in Sec. 515.560(c) and such additional transactions that are
directly incident to attendance of professional meetings that are
necessary and ordinarily incident to the publishing and marketing of
written publications.
PART 537--BURMESE SANCTIONS REGULATIONS
0
1. The authority citation for part 537 is amended to read as follows:
Authority: 3 U.S.C. 301; 31 U.S.C. 321(b); 50 U.S.C. 1601-1651,
1701-1706; Sec. 570 Pub. L. 104-208, 110 Stat. 3009; Pub. L. 108-61,
117 Stat. 864; Pub. L. 109-177, 120 Stat. 192; E.O. 13047, 62 FR
28301, 3 CFR 1997 Comp., p. 202; E.O. 13310, 68 FR 44853, 3 CFR 2004
Comp., p. 241l.
Subpart E--Licenses, Authorizations, and Statements of Licensing
Policy
0
2. Section 537.526 is revised to read as follows:
Sec. 537.526 Authorized transactions necessary and ordinarily
incident to publishing.
(a) To the extent that such activities are not exempt from this
part, and subject to the restrictions set forth in paragraphs (b)
through (d) of this section, U.S. persons are authorized to engage in
all transactions otherwise prohibited by Sec. 537.201 or Sec. 537.202
that are necessary and ordinarily incident to the publishing and
marketing of manuscripts, books, journals, and newspapers in paper or
electronic format (collectively, ``written publications''). This
section does not apply if the parties to the transactions described in
this paragraph include the State Peace and Development Council of Burma
or the Union Solidarity and Development Association of Burma; any
successor entity to any of the foregoing entities; or any person, other
than personnel of academic and research institutions, acting or
purporting to act directly or indirectly on behalf of the foregoing
entities with respect to the transactions described in this paragraph.
Pursuant to this section, transactions incident to the following
activities are authorized, provided they do not involve any
importations prohibited by Sec. 537.203 that are not authorized by
another section of this part 537, and further provided that U.S.
persons ensure that they are not engaging, without separate
authorization, in the activities identified in paragraphs (b) through
(d) of this section:
(1) Commissioning and making advance payments for identifiable
written publications not yet in existence, to the extent consistent
with industry practice;
(2) Collaborating on the creation and enhancement of written
publications;
(3)(i) Augmenting written publications through the addition of
items such as photographs, artwork, translation, explanatory text, and,
for a written publication in electronic format, the addition of
embedded software necessary for reading, browsing, navigating, or
searching the written publication;
(ii) Exporting embedded software necessary for reading, browsing,
navigating, or searching a written publication in electronic format,
provided that, to the extent a license is required under the Export
Administration Regulations, 15 CFR parts 730 through 774 (the ``EAR''),
the exportation is licensed or otherwise authorized by the Department
of Commerce under the provisions of the EAR;
(4) Substantive editing of written publications;
(5) Payment of royalties for written publications;
(6) Creating or undertaking a marketing campaign to promote a
written publication; and
(7) Other transactions necessary and ordinarily incident to the
publishing and marketing of written publications as described in this
paragraph (a).
(b) This section does not authorize transactions constituting the
exportation or reexportation of financial services from the United
States or by U.S. persons to Burma that are not necessary and
ordinarily incident to the publishing and marketing of written
publications as described paragraph (a) of this section. For example,
this section does not authorize U.S. persons to transfer funds to Burma
relating to the following:
(1) The provision or receipt of individualized or customized
services (including, but not limited to, accounting, legal, design, or
consulting services), other than those necessary and ordinarily
incident to the publishing and marketing of written publications, even
though such individualized or customized services are delivered through
the use of information and informational materials;
(2) The creation or undertaking of a marketing campaign for any
person with respect to any service or product other than a written
publication, or the creation or undertaking of a marketing campaign of
any kind for the benefit of the State Peace and Development Council of
Burma or the Union Solidarity and Development Association of Burma; or
(3) The operation of a publishing house, sales outlet, or other
office in Burma.
Note to paragraph (b): The importation of information or
informational materials, as defined in Sec. 537.308, that are
products of Burma is authorized by the general license set forth in
Sec. 537.515. The exportation to Burma of information or
informational materials, as defined in Sec. 537.308, whether
commercial or otherwise, regardless of format or medium of
transmission, is exempt from the prohibitions and regulations of
this part. See Sec. 537.210(b).
(c) This section does not authorize U.S. persons to engage in
transactions constituting the exportation or reexportation of financial
services to Burma that relate to the services of publishing houses or
translators in Burma unless such activity is primarily for the
dissemination of written publications in Burma.
(d) This section does not authorize:
[[Page 50050]]
(1) The importation into the United States of any article that is a
product of Burma.
Note to paragraph (d)(1): The importation of information or
informational materials, as defined in Sec. 537.308, that are
products of Burma is authorized by the general license set forth in
Sec. 537.515.
(2) Transactions constituting the exportation or reexportation of
financial services from the United States or by U.S. persons to Burma
that relate to the development, production, design, or marketing of
technology specifically controlled by the International Traffic in Arms
Regulations, 22 CFR parts 120 through 130 (the ``ITAR''), the EAR, or
the Department of Energy Regulations set forth at 10 CFR part 810.
(3) Transactions constituting the exportation or reexportation of
financial services from the United States or by U.S. persons to Burma
that relate to the exportation of information or technology subject to
the authorization requirements of 10 CFR part 810, or Restricted Data
as defined in section 11y. of the Atomic Energy Act of 1954, as
amended, or of other information, data, or technology the release of
which is controlled under the Atomic Energy Act and regulations
therein;
(4) Transactions constituting the exportation or reexportation of
financial services from the United States or by U.S. persons to Burma
that relate to the exportation of any item (including information)
subject to the EAR where a U.S. person knows or has reason to know that
the item will be used, directly or indirectly, with respect to certain
nuclear, missile, chemical, or biological weapons or nuclear-maritime
end-uses as set forth in part 744 of the EAR. In addition, U.S. persons
are precluded from exporting any item subject to the EAR to certain
restricted end-users, as set forth in part 744 of the EAR, as well as
certain persons whose export privileges have been denied pursuant to
parts 764 or 766 of the EAR, without authorization from the Department
of Commerce; or
(5) Transactions constituting the exportation or reexportation of
financial services from the United States or by U.S. persons to Burma
that relate to the exportation of information subject to licensing
requirements under the ITAR or exchanges of information that are
subject to regulation by other government agencies.
PART 538--SUDANESE SANCTIONS REGULATIONS
0
1. The authority citation for part 538 is amended to read as follows:
Authority: 3 U.S.C. 301; 31 U.S.C. 321(b); 18 U.S.C. 2339B,
2332d; 50 U.S.C. 1601-1651, 1701-1706; Pub. L. 106-387, 114 Stat.
1549; Pub. L. 109-177, 120 Stat. 192; E.O. 13067, 62 FR 59989; 3
CFR, 1997 Comp., p. 230.
Subpart E--Licenses, Authorizations, and Statements of Licensing
Policy
0
2. Section 538.529 is revised to read as follows:
Sec. 538.529 Authorized transactions necessary and ordinarily
incident to publishing.
(a) To the extent that such activities are not exempt from this
part, and subject to the restrictions set forth in paragraphs (b)
through (d) of this section, U.S. persons are authorized to engage in
all transactions necessary and ordinarily incident to the publishing
and marketing of manuscripts, books, journals, and newspapers in paper
or electronic format (collectively, ``written publications''). This
section does not apply if the parties to the transactions described in
this paragraph include the Government of Sudan. For the purposes of
this section, the term ``Government of Sudan'' includes the state and
the Government of Sudan, as well as any political subdivision, agency,
or instrumentality thereof, including the Central Bank of Sudan, and
any person acting or purporting to act directly or indirectly on behalf
of any of the foregoing with respect to the transactions described in
this paragraph. For the purposes of this section, the term ``Government
of Sudan'' does not include any academic and research institutions and
their personnel. Pursuant to this section, the following activities are
authorized, provided that U.S. persons ensure that they are not
engaging, without separate authorization, in the activities identified
in paragraphs (b) through (d) of this section:
(1) Commissioning and making advance payments for identifiable
written publications not yet in existence, to the extent consistent
with industry practice;
(2) Collaborating on the creation and enhancement of written
publications;
(3)(i) Augmenting written publications through the addition of
items such as photographs, artwork, translation, explanatory text, and,
for a written publication in electronic format, the addition of
embedded software necessary for reading, browsing, navigating, or
searching the written publication;
(ii) Exporting embedded software necessary for reading, browsing,
navigating, or searching a written publication in electronic format,
provided that the software is classified as ``EAR 99'' under the Export
Administration Regulations, 15 CFR parts 730-774 (the ``EAR''), or is
not subject to the EAR;
(4) Substantive editing of written publications;
(5) Payment of royalties for written publications;
(6) Creating or undertaking a marketing campaign to promote a
written publication; and
(7) Other transactions necessary and ordinarily incident to the
publishing and marketing of written publications as described in this
paragraph (a).
(b) This section does not authorize transactions involving the
provision of goods or services not necessary and ordinarily incident to
the publishing and marketing of written publications as described in
paragraph (a) of this section. For example, this section does not
authorize U.S. persons:
(1) To provide or receive individualized or customized services
(including, but not limited to, accounting, legal, design, or
consulting services), other than those necessary and ordinarily
incident to the publishing and marketing of written publications, even
though such individualized or customized services are delivered through
the use of information and informational materials;
(2) To create or undertake for any person a marketing campaign with
respect to any service or product other than a written publication, or
to create or undertake a marketing campaign of any kind for the benefit
of the Government of Sudan;
(3) To engage in the exportation or importation of goods to or from
Sudan other than the exportation of embedded software described in
paragraph (a)(3)(ii) of this section; or
(4) To operate a publishing house, sales outlet, or other office in
Sudan.
Note to paragraph (b): The importation from Sudan and the
exportation to Sudan of information or informational materials, as
defined in Sec. 538.306, whether commercial or otherwise,
regardless of format or medium of transmission, are exempt from the
prohibitions and regulations of this part. See Sec. 538.211(c).
(c) This section does not authorize U.S. persons to engage the
services of publishing houses or translators in Sudan unless such
activity is primarily for the dissemination of written publications in
Sudan.
(d) This section does not authorize:
(1) The exportation from or importation into the United States of
[[Page 50051]]
services for the development, production, or design of software;
(2) Transactions for the development, production, design, or
marketing of technology specifically controlled by the International
Traffic in Arms Regulations, 22 CFR parts 120 through 130 (the
``ITAR''), the EAR, or the Department of Energy Regulations set forth
at 10 CFR part 810.
(3) The exportation of information or technology subject to the
authorization requirements of 10 CFR part 810, or Restricted Data as
defined in section 11 y. of the Atomic Energy Act of 1954, as amended,
or of other information, data, or technology the release of which is
controlled under the Atomic Energy Act and regulations therein;
(4) The exportation of any item (including information) subject to
the EAR where a U.S. person knows or has reason to know that the item
will be used, directly or indirectly, with respect to certain nuclear,
missile, chemical, or biological weapons or nuclear-maritime end-uses
as set forth in part 744 of the EAR. In addition, U.S. persons are
precluded from exporting any item subject to the EAR to certain
restricted end-users, as set forth in part 744 of the EAR, as well as
certain persons whose export privileges have been denied pursuant to
parts 764 or 766 of the EAR, without authorization from the Department
of Commerce; or
(5) The exportation of information subject to licensing
requirements under the ITAR or exchanges of information that are
subject to regulation by other government agencies.
PART 560--IRANIAN TRANSACTIONS REGULATIONS
0
1. The authority citation for part 560 continues to read as follows:
Authority: 3 U.S.C. 301; 18 U.S.C. 2339B, 2332d; 22 U.S.C.
2349aa-9; 31 U.S.C. 321(b); 50 U.S.C. 1601-1651, 1701-1706; Pub. L.
101-410, 104 Stat. 890 (28 U.S.C. 2461 note); Pub. L. 106-387, 114
Stat. 1549; E.O. 12613, 52 FR 41940, 3 CFR, 1987 Comp., p. 256; E.O.
12957, 60 FR 14615, 3 CFR, 1995 Comp., p. 332; E.O. 12959, 60 FR
24757, 3 CFR, 1995 Comp., p. 365; E.O. 13059, 62 FR 44531, 3 CFR,
1997 Comp., p. 217.
Subpart E--Licenses, Authorizations, and Statements of Licensing
Policy
0
2. Section 560.538 is revised to read as follows:
Sec. 560.538 Authorized transactions necessary and ordinarily
incident to publishing.
(a) To the extent that such activities are not exempt from this
part, and subject to the restrictions set forth in paragraphs (b)
through (d) of this section, U.S. persons are authorized to engage in
all transactions necessary and ordinarily incident to the publishing
and marketing of manuscripts, books, journals, and newspapers in paper
or electronic format (collectively, ``written publications''). This
section does not apply if the parties to the transactions described in
this paragraph include the Government of Iran. For the purposes of this
section, the term ``Government of Iran'' includes the state and the
Government of Iran, as well as any political subdivision, agency, or
instrumentality thereof, which includes the Central Bank of Islamic
Republic of Iran, and any person acting or purporting to act directly
or indirectly on behalf of any of the foregoing with respect to the
transactions described in this paragraph. For the purposes of this
section, the term ``Government of Iran'' does not include any academic
and research institutions and their personnel. Pursuant to this
section, the following activities are authorized, provided that U.S.
persons ensure that they are not engaging, without separate
authorization, in the activities identified in paragraphs (b) through
(d) of this section:
(1) Commissioning and making advance payments for identifiable
written publications not yet in existence, to the extent consistent
with industry practice;
(2) Collaborating on the creation and enhancement of written
publications;
(3)(i) Augmenting written publications through the addition of
items such as photographs, artwork, translation, explanatory text, and,
for a written publication in electronic format, the addition of
embedded software necessary for reading, browsing, navigating, or
searching the written publication;
(ii) Exporting embedded software necessary for reading, browsing,
navigating, or searching a written publication in electronic format,
provided that the software is classified as ``EAR 99'' under the Export
Administration Regulations, 15 CFR parts 730 through 774 (the ``EAR''),
or is not subject to the EAR;
(4) Substantive editing of written publications;
(5) Payment of royalties for written publications;
(6) Creating or undertaking a marketing campaign to promote a
written publication; and
(7) Other transactions necessary and ordinarily incident to the
publishing and marketing of written publications as described in this
paragraph (a).
(b) This section does not authorize transactions involving the
provision of goods or services not necessary and ordinarily incident to
the publishing and marketing of written publications as described in
paragraph (a) of this section. For example, this section does not
authorize U.S. persons:
(1) To provide or receive individualized or customized services
(including, but not limited to, accounting, legal, design, or
consulting services), other than those necessary and ordinarily
incident to the publishing and marketing of written publications, even
though such individualized or customized services are delivered through
the use of information and informational materials;
(2) To create or undertake for any person a marketing campaign with
respect to any service or product other than a written publication, or
to create or undertake a marketing campaign of any kind for the benefit
of the Government of Iran;
(3) To engage in the exportation or importation of goods to or from
Iran other than the exportation of embedded software described in
paragraph (a)(3)(ii); or
(4) To operate a publishing house, sales outlet, or other office in
Iran.
Note to paragraph (b): The importation from Iran and the
exportation to Iran of information or informational materials, as
defined in Sec. 560.315, whether commercial or otherwise,
regardless of format or medium of transmission, are exempt from the
prohibitions and regulations of this part. See Sec. 560.210(c).
(c) This section does not authorize U.S. persons to engage the
services of publishing houses or translators in Iran unless such
activity is primarily for the dissemination of written publications in
Iran.
(d) This section does not authorize:
(1) The exportation from or importation into the United States of
services for the development, production, or design of software;
(2) Transactions for the development, production, design, or
marketing of technology specifically controlled by the International
Traffic in Arms Regulations, 22 CFR parts 120 through 130 (the
``ITAR''), the EAR, or the Department of Energy Regulations set forth
at 10 CFR part 810.
(3) The exportation of information or technology subject to the
authorization requirements of 10 CFR part 810, or Restricted Data as
defined in section 11 y. of the Atomic Energy Act of 1954, as amended,
or of other information, data, or technology the release of which is
[[Page 50052]]
controlled under the Atomic Energy Act and regulations therein;
(4) The exportation of any item (including information) subject to
the EAR where a U.S. person knows or has reason to know that the item
will be used, directly or indirectly, with respect to certain nuclear,
missile, chemical, or biological weapons or nuclear-maritime end-uses
as set forth in part 744 of the EAR. In addition, U.S. persons are
precluded from exporting any item subject to the EAR to certain
restricted end-users, as set forth in part 744 of the EAR, as well as
certain persons whose export privileges have been denied pursuant to
parts 764 or 766 of the EAR, without authorization from the Department
of Commerce; or
(5) The exportation of information subject to licensing
requirements under the ITAR or exchanges of information that are
subject to regulation by other government agencies.
Dated: August 21, 2007.
Adam J. Szubin,
Director, Office of Foreign Assets Control.
[FR Doc. E7-17054 Filed 8-29-07; 8:45 am]
BILLING CODE 4811-42-P