Case No. IA-2018-352841-1
[ ]
University of Virginia
1001 North Emmet Street
P.O. Box 400200
Charlottesville, VA
22904-4200
Dear Ms. [ ]:
This is in response to your request dated April 30, 2018 (the “Application”), submitted on behalf of the Rector and Visitors of the University of Virginia (“UVA”), to the Office of Foreign Assets Control (OFAC), seeking confirmation that § 560.505 of the Iranian Transactions and Sanctions Regulations, 31 C.F.R. Part 560 (ITSR), authorizes the release of “technology” and “software” as defined in § 772 of the Export Administration Regulations (“EAR”) to qualifying Iranian national students in the U.S. on valid non-immigrant visas, in connection with their jobs and studies.
The ITSR generally prohibit the exportation, reexportation, sale, or supply, directly or indirectly, from the United States or by...
1) 560.505 AND THE RELEASE OF TECH AND SOFTWARE TO IRANIAN STUDENTS IN THE U.S. BY THEIR EMPLOYERS
As discussed in section 3(b)(iii) of the General Note on the Immigration-related GLs in the ITSR and SySR, and Dealings With Sanctioned Iranian and Syrian Individuals Lawfully Present in the U.S. (System Ed. Note), the scope of 560.505 is difficult to pin down as it relates to the release of EAR99 (and CCL-listed) software and technology.
Many Iranian nationals in the U.S. on student (Cat. F) and exchange visitor (Cat. J) visas are in varying degrees, employed by U.S. entities. Sometimes this employment is with a university itself, sometimes it is not. See