31 C.F.R. § 560.418

Current through November 30, 2024
Section 560.418 - Release of technology or software in the United States or a third country

The release of technology or software in the United States, or by a United States person wherever located, to any person violates the prohibitions of this part if made with knowledge or reason to know the technology is intended for Iran or the Government of Iran, unless that technology or software meets the definition of information and informational materials in § 560.315 .

Note 1 to § 560.418 : The release of technology or software in the United States, or the release of U.S. origin technology or software in a third country, to a foreign national may require a license from the U.S. Department of Commerce's Bureau of Industry and Security under the Export Administration Regulations, 15 CFR parts 730 through 774 (the "EAR"). The EAR require a license for such release if both of the following conditions are met:

(a) That technology or software would require a license for exportation (or reexportation) to the home country of the foreign national; and

(b) The foreign national is not a citizen or permanent resident of the United States (or of the third country) or is not a protected individual under the Immigration and Naturalization Act (8 U.S.C. Sec. 1324(b)(a)(3) ). See15 CFR 734.2(b)(2)(ii) and 734.2(b)(5) .

Note 2 to § 560.418 : The transfer to a foreign national of technology subject to regulations administered by the U.S. Department of State or other agencies of the U.S. Government may require authorization by those agencies.

Note 3 to § 560.418 : See§ 560.540 for a general license authorizing the exportation, reexportation, or provision to Iran of certain services, software, and hardware incident to the exchange of communications.

31 C.F.R. §560.418

77 FR 64666 , Oct. 22, 2012, as amended at 89 FR 43312 , May 17, 2024
77 FR 64666 , 10/22/2012, as amended at 89 FR 43312 , 5/17/2024