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Case No. IA-2017-346590-1
[ ]
Elekta Limited
Linac House
Fleming Road
Crawley RH10 9RR
United Kingdom
Dear Mr. [ ]:
This responds to your request dated August 3, 2017 (the “Application”) to the Office of Foreign Assets Control (OFAC), requesting interpretive guidance regarding the scope of Iran General License D-1 (“GL D-1”). Specifically, you ask whether a Hewlett-Packard Z840 Workstation (“Workstation”) and nVidia Tesla K40 GPU (“GPU”) are considered eligible for export or reexport to Iran under paragraph (a)(3) of GL D-1, as described in the Annex to GL D-1.
The Iranian Transactions and Sanctions Regulations, 31 C.F.R. Part 560 (ITSR), generally prohibit the exportation, reexportation, sale, or supply, directly or indirectly, of any goods, technology, or services from the United States or by a U.S. person, wherever located,...
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1) The applicant here is a non-U.S. person, and while OFAC does not mention 560.215, it appears to be assumed that the applicant is also not owned or controlled by a U.S. person (compare Case No. IA-2017-348861-1; similar analysis where OFAC references 560.215). The question is whether the non-USP can export a “Hewlett-Packard Z840 Workstation…and nVidia Tesla K40 GPU” to Iran.
2) The Meaning of “Personal Computing Device” for GL D-1 Purposes
The “Workstation” is at issue is a tower computer (with no monitor) within the “HP Z” series of “professional workstation computers”.
At the time this guidance was issued, Iran GL D-1 authorized the “exportation, reexportation, or provision, directly or indirectly, to Iran” of “hardware…subject to the EAR” specified in the Annex to the GL, where the Annex included:
Laptops, tablets, and