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440. 31 CFR § 560.540 of the Iranian Transactions and Sanctions Regulations (ITSR) authorize the exportation to Iran of fee-based desktop publishing software and productivity software suites used to publish documents, presentations, spreadsheets, charts, music, movies, and digital images?
Yes. Fee-based desktop publishing software and productivity software suites have been determined to fall within the scope of fee-based software that enables services incident to the exchange of communications as described in 31 CFR § 560.540(a)(2), provided that the software meets the additional criteria in those paragraphs (e.g., for software subject to the EAR, the software is designated EAR99 or is classified by the U.S. Department of Commerce on the Commerce Control List, 15 CFR part 774, supplement No. 1 (“CCL”) under ECCN 5D992.c). By contrast, enterprise management software has been determined not to fall within the scope of fee-based software that enables services incident to the exchange...
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* On 5-16-24, OFAC incorporated GL D-2 into the ITSR at 560.540, replacing the version of 560.540 that had existed since Oct. 22, 2012. This FAQ was amended in light of that development. Comments forthcoming on the amended version of the FAQ.
* On 9-23-22, OFAC replaced Iran GL D-1 with Iran GL D-2, initially without making amendments to this FAQ. See Iran GL D-2, and comments thereto, for a discussion on the changes between GL D-1 and GL D-2. On 1-11-23, OFAC amended this FAQ without making substantive changes beyond, as the case may be, changing references to GL D-1 to GL D-2, removing "personal" from "personal communications", and removing references to the GL D-1 equivalent that was previously found in the now-repealed Sudanese Sanctions Regulations. The notes below the asterisks pertain to the original version of the FAQ (see...