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442. For purposes of category (5) of the 31 CFR § 560.540 List of Services, Software, and Hardware Incident to Communications, what would be considered “software required for effective consumer use” of personal computing devices, laptops, and tablets?
“Software required for effective consumer use” consists of software essential to the operation of the hardware listed in category (5) of the 31 CFR § 560.540 List of Services, Software, and Hardware Incident to Communications, including, for example, drivers and patches. Operating systems are separately authorized in category (5) of the 31 CFR § 560.540 List of Services, Software, and Hardware Incident to Communications.
In addition, effective June 16, 2024, OFAC is amending the 31 CFR § 560.540 List of Services, Software, and Hardware Incident to Communications to exclude laptops, tablets, and personal computing devices with an “Adjusted Peak Performance” (“APP”) exceeding 1 Weighted TeraFLOP (WT). After this...
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* FAQ amended on 5-16-24 in connection with OFAC’s incorporation of Iran GL D-2 into the ITSR at section 560.540. Changes to the FAQ included certain non-substantive conforming amendments, along with the added reference to the APP limitation with respect to computing device exports. See comment 0.0(f) to 560.540 for further discussion.
* 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from "personal communications", and removing references to the GL D-1 equivalent that was previously found in the now-repealed Sudanese Sanctions Regulations.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...