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1187. How does OFAC intend to interpret the following terms in the determination, “Prohibition on Certain Information Technology and Software Services,” pursuant to Executive Order (E.O.) 14071 (the “IT and Software Services Determination”): “enterprise management software,” “design and manufacturing software,” “cloud-based services,” “information technology support services,” and “information technology consultancy and design services”?
OFAC expects to promulgate regulations that define or interpret these terms as follows:
The term enterprise management software means the following types of software: enterprise resource planning (ERP), customer relationship management (CRM), business intelligence (BI), supply chain management (SCM), enterprise data warehouse (EDW), computerized maintenance management system (CMMS), project management, and product lifecycle management (PLM) software.
The term design and manufacturing software means the following types of software: building information modelling (BIM), computer aided design (CAD), computer-aided manufacturing (CAM), and engineer to order (ETO) software.
The term cloud-based services includes the...
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1) FAQ # 1187 defines terms found within the 6-12-24 Tech Services Determination. The determination applies to:
“the following categories of services: (1) [information technology (IT) consultancy and design services]; and (2) [IT support services] and [cloud-based services] for the following categories of software: [enterprise management software] and [design and manufacturing software],” where each of the bracketed terms have separate definitions given in FAQ # 1187.
FAQ # 1185 and FAQ # 1186 each provide examples of activities that, in light of FAQ # 1187, would meet the definition of “IT support services” and “cloud-based services” for “enterprise management software and design and manufacturing software”.
2) The definitions of the five bracketed terms are all unique to the 6-12-24 Tech Services Determination, and...