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Case No. IA-2018-358410-1
[ ]
The Graduate School
Binghamton University
State University of New York 4400
Vestal Parkway East
Binghamton, NY 13902
Dear [ ]:
This responds to your request dated December 3, 2018 (the “Application”) to the Office of Foreign Assets Control (OFAC) regarding authorization to ship I-20 or DS-2019 visa documentation to Iranian graduate and undergraduate students.
The Iranian Transactions and Sanctions Regulations, 31 C.F R. Part 560 (the ITSR), generally prohibit the exportation, reexportation, sale, or supply, directly or indirectly, from the United States, or by a United States person, wherever located, of any goods, technology, or services to Iran or the Government of Iran. ITSR, § 560.204. This prohibition also applies to the exportation, reexportation, sale, or supply of goods, technology, or services to a person in...
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1) BACKGROUND
The applicant university requests guidance on the question of whether it may “ship I-20 or DS-2019 visa documentation to Iranian graduate and undergraduate students.” There are a few discrete Berman Amendment-related questions embedded within the request.
One is whether the “I-20 or DS-2019 visa documentation” qualifies as “informational materials” for the purposes of the exemption at 560.210(c) of the ITSR. The other is whether—assuming that the documentation is “informational materials”—the university may ship the documents to Iran.
2) SHIPMENTS AND SHIPPING OF EXEMPT INFORMATIONAL MATERIALS IS, ITSELF, EXEMPT
We understand, based on the titling of the guidance letter as received by us, that the guidance letter was obtained by the university in part to provide comfort to the shipper DHL that the shipment...