§515.332 Information and informational materials.
(a) For purposes of this part, the term information and informational materials means:
(1) Publications, films, posters, phonograph records, photographs, microfilms, microfiche, tapes, compact disks, CD ROMs, artworks, news wire feeds, and other information and informational articles.
(2) To be considered informational materials, artworks must be classified under Chapter subheading 9701, 9702, or 9703 of the Harmonized Tariff Schedule of the United States.
(b) The term information and informational materials does not include items:
(1) That would be controlled for export pursuant to section 5 of the Export Administration Act of 1979, 50 U.S.C. App. 2401-2420 (1993) (the "EAA"), or section 6 of the EAA to the extent that such controls promote nonproliferation of antiterrorism policies of the United States, including "software" that is not "publicly available" as these terms are defined in 15 CFR parts 779 and 799.1 (1994); or
(2) With respect to which acts are prohibited by 18 U.S.C. chapter 37.
[60 FR 39256, Aug. 2, 1995]
1) This provision controls the scope of the associated exemption for transactions related to information or informational materials, such that all items falling outside the scope of this definition are not eligible for the exemption. The scope and operation of the provision is discussed in detail in Notes Common to the "Information or informational materials" Definitional Provision (System Ed. Note).
The term is generally boilerplate across programs, but there are a few notable exceptions. The evolution of the text of the provision, as OFAC has implemented it in regulations since 1995, can itself serve as useful guidance concerning OFAC's view of the scope of the IEEPA/TWEA-derived exemption for informational materials. The notable differences in the text of the provisions are addressed in the system note referred to above. Note, however, that all evidence shows to OFAC to interpret this definitional provision harmoniously across programs, so textual differences seen across provisions implemented in different eras should not be taken to imply that there are substantive differences.