§560.544 Certain educational activities by U.S. persons in third countries authorized.
(a) Subject to the restriction set forth in paragraph (c) of this section, accredited undergraduate degree-granting academic institutions organized under the laws of the United States or any jurisdiction within the United States or located in the United States ("U.S. undergraduate institutions") with undergraduate educational programs or undergraduate exchange programs in countries other than the United States or Iran are authorized to engage in the following activities with respect to such programs in the humanities, social sciences, law, and business:
(1) Recruit, hire, and employ faculty and staff who are ordinarily resident in Iran;
(2) Recruit, enroll, and educate students who are ordinarily resident in Iran;
(3) Enter into and perform exchange agreements with Iranian universities;
(4) Provide scholarships to students ordinarily resident in Iran; and
(5) Recruit individuals ordinarily resident in Iran, such as scholars, artists, performers, speakers, alumni, and students, to participate in events, such as conferences, lectures, film series, research workshops, exhibitions, theatrical and musical performances, and continuing education courses. U.S. undergraduate institutions are authorized to provide compensation, including honoraria, to such individuals.
(b) Subject to the restriction set forth in paragraph (c) of this section:
(1) Paragraph (a)(2) of this section authorizes the release of technology or software to students ordinarily resident in Iran, provided that all of the following requirements are met:
(i) Such release is ordinarily incident and necessary to the undergraduate educational program or the undergraduate exchange program at the U.S. undergraduate institution in which the student is enrolled;
(ii) The technology or software being released is designated as EAR99 under the Export Administration Regulations, 15 CFR parts 730 through 774 (the "EAR"), or constitutes Educational Information not subject to the EAR, as set forth in 15 CFR 734.9;
(iii) The release does not otherwise require a license from the Department of Commerce; and
(iv) The student to whom the release is made is not enrolled in the undergraduate educational program, or participating in the undergraduate exchange program, as an agent, employee, or contractor of the Government of Iran or a business entity or other organization in Iran.
(2) This section authorizes enrollment in undergraduate courses in math, sciences, and engineering that are required or electives for undergraduate programs in the humanities, social sciences, law, or business provided the following conditions are met:
(i) The undergraduate courses are required for the completion of the humanities, social sciences, law, or business program and are for "introductory," non-major, freshman or sophomore equivalent courses only; or
(ii) The undergraduate courses are required for the completion of the humanities, social sciences, law, or business program and are math-related accounting or economics classes at any undergraduate level, not to include courses allowing for any post-graduate work.
(c) This section does not authorize the exportation or reexportation to Iran or the Government of Iran of any goods (including software) or technology, including any release of technology or software described in §560.418 of this part, except as expressly authorized in paragraph (b) of this section.
(d) Specific licenses may be issued on a case-by-case basis authorizing accredited graduate degree-granting academic institutions organized under the laws of the United States or any jurisdiction within the United States or located in the United States with graduate educational programs or graduate exchange programs in third countries to recruit, hire, and employ faculty and staff who are ordinarily resident in Iran for such third-country graduate educational programs in the humanities, social sciences, law, and business or graduate exchange programs in the humanities, social sciences, law, and business, and to recruit, enroll, and educate students who are ordinarily resident in Iran in such third-country graduate educational programs in the humanities, social sciences, law, and business or graduate exchange programs in the humanities, social sciences, law, and business.
1) Compare with Iran General License G (Certain Academic Exchanges and the Exportation or Importation of Certain Educational Services Authorized), which contains substance overlapping with this one.
2) Exchange students are typically considered to be "ordinarily resident" in the country they come from, hence the need for a GL authorizing all of these activities, which otherwise would constitute exports of services "to Iran."
3) Compare with 560.505 (Activities and services related to certain nonimmigrant and immigrant categories authorized), which authorizes all persons in the U.S. on student visas "to carry out in the United States those activities for which such a visa has been granted by the U.S. State Department or such nonimmigrant status or related benefit has been granted by the U.S. Department of Homeland Security." In practice, this authorizes a wide range of student-related activities that are not listed in this GL.
4) See Case No. MUL-2013-302171-1, in which OFAC determines, per State Department foreign policy guidance, that Iran-related educational activities by U.S. persons in third countries outside the scope of this GL will not be specifically licensed.