80 FR 8531 - Sudanese Sanctions Regulations

DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control

Federal Register Volume 80, Issue 32 (February 18, 2015)

Page Range		8531-8535
FR Document		2015-03330
The Department of the Treasury's Office of Foreign Assets Control (OFAC) is adopting a final rule amending the Sudanese Sanctions Regulations (the ``SSR'') by adding a general license pertaining to certain software, hardware, and services incident to personal communications. OFAC is also making other technical and conforming changes.
Federal Register, Volume 80 Issue 32 (Wednesday, February 18, 2015)
[Federal Register Volume 80, Number 32 (Wednesday, February 18, 2015)]
[Rules and Regulations]
[Pages 8531-8535]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-03330]


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DEPARTMENT OF THE TREASURY

Office of Foreign Assets Control

31 CFR Part 538


Sudanese Sanctions Regulations

AGENCY: Office of Foreign Assets Control, Treasury.

ACTION: Final rule.

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SUMMARY: The Department of the Treasury's Office of Foreign Assets 
Control (OFAC) is adopting a final rule amending the Sudanese Sanctions 
Regulations (the ``SSR'') by adding a general license pertaining to 
certain software, hardware, and services incident to personal 
communications. OFAC is also making other technical and conforming 
changes.

DATES: Effective: February 18, 2015.

FOR FURTHER INFORMATION CONTACT: Assistant Director for Licensing, 
tel.: 202/622-2480, Assistant Director for Policy, tel.: 202/622-6746, 
Assistant Director for Regulatory Affairs, tel.: 202/622-4855, 
Assistant Director for Sanctions Compliance & Evaluation, tel.: 202/
622-2490, Office of Foreign Assets Control, or Chief Counsel (Foreign 
Assets Control), tel.: 202/622-2410, Office of the General Counsel, 
Department of the Treasury (not toll free numbers).

SUPPLEMENTARY INFORMATION:

Electronic and Facsimile Availability

    This document and additional information concerning OFAC are

[[Page 8532]]

available from OFAC's Web site (www.treasury.gov/ofac). Certain general 
information pertaining to OFAC's sanctions programs also is available 
via facsimile through a 24-hour fax-on-demand service, tel.: 202/622-
0077.

Background

    OFAC today is amending the SSR, 31 CFR part 538, primarily to issue 
a new general license pertaining to certain software, hardware, and 
services incident to personal communications. Transactions otherwise 
prohibited under the SSR but found to be consistent with U.S. policy 
may be authorized by one of the general licenses contained in subpart E 
of the SSR or by a specific license issued pursuant to the procedures 
described in subpart E of 31 CFR part 501. OFAC also is making other 
technical and conforming changes.
    On March 10, 2010, OFAC issued a general license that authorized 
the exportation from the United States or by U.S. persons, wherever 
located, to persons in Sudan (31 CFR 538.533) and Iran (31 CFR 560.540) 
of certain services and software incident to the exchange of personal 
communications over the Internet, such as instant messaging, chat and 
email, social networking, sharing of photos and movies, web browsing, 
and blogging. In order to qualify for that authorization, such services 
and software had to be publicly available (widely available to the 
public) at no cost to the user. In addition, such software qualified 
for this authorization only if it was (1) designated as ``EAR99'' under 
the Export Administration Regulations, 15 CFR parts 730 through 774 
(EAR); (2) not subject to the EAR; or (3) classified by the Department 
of Commerce as mass market software under export control classification 
number (ECCN) 5D992 of the EAR. These sections of the SSR and the 
Iranian Transactions and Sanctions Regulations did not authorize the 
direct or indirect exportation of services or software with knowledge 
or reason to know that such services or software are intended for the 
Government of Sudan or the Government of Iran.
    On May 30, 2013, to help facilitate the free flow of information in 
Iran and with Iranians, OFAC, in consultation with the Departments of 
State and Commerce, issued Iran General License D. General License D 
expanded upon the existing authorization in 31 CFR 560.540 by 
authorizing the exportation to Iran of certain additional software, 
hardware, and services incident to personal communications. On February 
7, 2014, OFAC, in consultation with the Departments of State and 
Commerce, issued amended Iran General License D-1 (GL D-1). GL D-1 
clarified certain aspects of General License D, and added certain new 
authorizations relating to the provision to Iran of certain hardware, 
software, and services incident to personal communications.
    Similar considerations apply in Sudan. Accordingly, in consultation 
with the Departments of State and Commerce, OFAC is expanding the scope 
of 31 CFR 538.533 consistent with the U.S. Government's commitment to 
the advancement of the free flow of information and to facilitate 
communications by the Sudanese people, including during a national 
dialogue, and consistent with the Iran GL D-1 model. In view of its 
shared jurisdiction over certain export licensing authority with 
respect to Sudan, OFAC is issuing this amendment in coordination with 
the Department of Commerce, Bureau of Industry and Security (BIS). BIS 
concurrently is amending the EAR to, inter alia, revise the general 
licensing policy of denial to one of case-by-case licensing for exports 
and reexports to Sudan of telecommunications equipment and associated 
computers, software, and technology for civil end use, and to revise 
License Exception Consumer Communications Devices (CCD), which 
previously applied only to consumer communications devices to Cuba, to 
authorize exports and reexports of such devices to Sudan.
    OFAC is amending 31 CFR 538.533 in several ways. First, OFAC is 
removing a limitation in the existing general license at 31 CFR 
538.533, which only authorizes certain no cost software and services 
incident to the exchange of personal communications. Section 538.533 
now also authorizes the exportation of certain fee-based software and 
services incident to the exchange of personal communications. See 31 
CFR 538.533(a)(1) & (2). To avoid confusion with respect to the term 
``publicly available'' as described in 15 CFR 734.3(b)(3), OFAC also is 
changing the terminology in Sec.  538.533 from ``publicly available'' 
to ``widely available to the public,'' although the scope remains the 
same.
    Second, OFAC is expanding the authorization in Sec.  538.533 to 
permit the exportation, reexportation, or provision, directly or 
indirectly, to Sudan of certain additional personal communications 
software, hardware, and related services subject to the EAR. See 31 CFR 
538.533(a)(1), (2), & (3). The general license now authorizes, for 
example, a non-U.S. person located outside the United States to export 
certain hardware and software subject to the EAR to Sudan. For purposes 
of Sec.  538.533, the term ``provision'' includes, for example, an in-
country transfer of covered software or hardware.
    Third, OFAC is adding new authorizations for the exportation, 
reexportation, or provision, directly or indirectly, by a U.S. person 
located outside the United States to Sudan of certain software and 
hardware not subject to the EAR. See Sec.  538.533 (a)(2)(ii), 
(a)(2)(iii), (a)(3)(ii), & (a)(3)(iii). The general license now 
authorizes, for example, a foreign branch of a U.S. company to export 
to Sudan, from a location outside the United States, certain hardware 
or software that is not subject to the EAR (including foreign-origin 
hardware or software containing less than a de minimis amount of U.S. 
controlled content).
    Fourth, a Note to paragraphs (a)(2) and (a)(3) has been added to 
clarify that the authorization in those paragraphs includes the 
exportation, reexportation, or provision, directly or indirectly, of 
the authorized items by an individual leaving the United States for 
Sudan. Section 538.533(a)(5) also adds a new authorization for the 
importation by an individual into the United States of certain hardware 
and software previously exported by the individual to Sudan pursuant to 
other provisions of 31 CFR 538.533. The general license now authorizes, 
for example, an individual to carry a smartphone that falls within the 
scope of the authorization while traveling to and from Sudan.
    Finally, to further ensure that the sanctions on Sudan do not 
affect the willingness of companies to make available certain no cost 
personal communications tools to persons in that country, Sec.  
538.533(a)(6) adds a new authorization that covers the exportation, 
reexportation, or provision to the Government of Sudan of certain no 
cost services and software that are widely available to the public.
    OFAC also has made additional technical and conforming changes in 
Sec.  538.212(c)(3), Sec.  538.411, Sec.  538.501, and Sec.  538.512. 
Notwithstanding these changes, nothing in this general license relieves 
an exporter from compliance with the export license requirements of 
another Federal agency.

Public Participation

    Because the Regulations involve a foreign affairs function, the 
provisions of Executive Order 12866 and the Administrative Procedure 
Act (5 U.S.C. 553) requiring notice of proposed rulemaking, opportunity 
for public participation, and delay in effective date

[[Page 8533]]

are inapplicable. Because no notice of proposed rulemaking is required 
for this rule, the Regulatory Flexibility Act (5 U.S.C. 601-612) does 
not apply.

Paperwork Reduction Act

    The collections of information related to the Regulations are 
contained in 31 CFR part 501 (the ``Reporting, Procedures and Penalties 
Regulations''). Pursuant to the Paperwork Reduction Act of 1995 (44 
U.S.C. 3507), those collections of information have been approved by 
the Office of Management and Budget under control number 1505-0164. An 
agency may not conduct or sponsor, and a person is not required to 
respond to, a collection of information unless the collection of 
information displays a valid control number.

List of Subjects in 31 CFR Part 538

    Administrative practice and procedure, Banks, Banking, Blocking of 
assets, Credit, Investments, Penalties, Reporting and recordkeeping 
requirements, Securities, Services, Sudan.

    For the reasons set forth in the preamble, the Department of the 
Treasury's Office of Foreign Assets Control amends 31 CFR chapter V as 
follows:

PART 538--SUDANESE SANCTIONS REGULATIONS

0
1. The authority citation for part 538 continues to read as follows:

    Authority: 3 U.S.C. 301; 18 U.S.C. 2339B, 2332d; 31 U.S.C. 
321(b); 50 U.S.C. 1601-1651, 1701-1706; Pub. L. 101-410, 104 Stat. 
890 (28 U.S.C. 2461 note); 22 U.S.C. 7201-7211; Pub. L. 109-344, 120 
Stat. 1869; Pub. L. 110-96, 121 Stat. 1011 (50 U.S.C. 1705 note); 
E.O. 13067, 62 FR 59989, 3 CFR, 1997 Comp., p. 230; E.O. 13412, 71 
FR 61369, 3 CFR, 2006 Comp., p. 244.


0
2. Amend Sec.  538.212 by revising paragraph (c)(3) and adding Note to 
paragraph (c)(3) to read as follows:


Sec.  538.212  Exempt transactions.

* * * * *
    (c) * * *
    (3) This section does not exempt or authorize transactions incident 
to the exportation of software subject to the Export Administration 
Regulations, 15 CFR parts 730 through 774, or to the exportation of 
goods (including software) or technology for use in the transmission of 
any data, or to the provision, sale, or leasing of capacity on 
telecommunications transmission facilities (such as satellite or 
terrestrial network connectivity) for use in the transmission of any 
data. The exportation of such items or services and the provision, 
sale, or leasing of such capacity or facilities to Sudan are 
prohibited.

    Note to paragraph (c)(3):  See Sec.  538.533 for a general 
license authorizing the exportation to Sudan of certain services, 
software, and hardware incident to the exchange of personal 
communications.

* * * * *

0
3. Revise Sec.  538.411 to read as follows:


Sec.  538.411  Exports to third countries; transshipments.

    Exportation of goods or technology (including technical data, 
software, information not exempted from the prohibition of this part 
pursuant to Sec.  538.211, or technical assistance) from the United 
States to third countries is prohibited if the exporter knows, or has 
reason to know, that the goods or technology are intended for 
transshipment to Sudan (including passage through, or storage in, 
intermediate destinations). The exportation of goods or technology 
intended specifically for incorporation or substantial transformation 
into a third-country product is also prohibited if the particular 
product is to be used in Sudan, is being specifically manufactured to 
fill a Sudanese order, or if the manufacturer's sales of the particular 
product are predominantly to Sudan.

    Note to Sec.  538.411: See Sec.  538.533 for a general license 
authorizing the exportation to persons of certain services, 
software, and hardware incident to the exchange of personal 
communications.


0
4. Revise Sec.  538.501 to read as follows:


Sec.  538.501  Effect of license or authorization.

    (a) No license or other authorization contained in this part, or 
otherwise issued by the Office of Foreign Assets Control (OFAC), 
authorizes or validates any transaction effected prior to the issuance 
of such license or other authorization, unless specifically provided in 
such license or authorization.
    (b) No regulation, ruling, instruction, or license authorizes any 
transaction prohibited under this part unless the regulation, ruling, 
instruction, or license is issued by OFAC and specifically refers to 
this part. No regulation, ruling, instruction, or license referring to 
this part shall be deemed to authorize any transaction prohibited by 
any other part of this chapter unless the regulation, ruling, 
instruction, or license specifically refers to such part.
    (c) Any regulation, ruling, instruction, or license authorizing any 
transaction otherwise prohibited under this part has the effect of 
removing a prohibition contained in this part from the transaction, but 
only to the extent specifically stated by its terms. Unless the 
regulation, ruling, instruction, or license otherwise specifies, such 
an authorization does not create any right, duty, obligation, claim, or 
interest in, or with respect to, any property which would not otherwise 
exist under ordinary principles of law.
    (d) Nothing contained in this part shall be construed to supersede 
the requirements established under any other provision of law or to 
relieve a person from any requirement to obtain a license or other 
authorization from another department or agency of the U.S. Government 
in compliance with applicable laws and regulations subject to the 
jurisdiction of that department or agency. For example, exports of 
goods, services, or technical data that are not prohibited by this part 
or that do not require a license by OFAC nevertheless may require 
authorization by the U.S. Department of Commerce, the U.S. Department 
of State, or other agencies of the U.S. Government.
    (e) No license or other authorization contained in or issued 
pursuant to this part authorizes transfers of or payments from blocked 
property or debits to blocked accounts unless the license or other 
authorization explicitly authorizes the transfer of or payment from 
blocked property or the debit to a blocked account.
    (f) Any payment relating to a transaction authorized in or pursuant 
to this part that is routed through the U.S. financial system should 
reference the relevant OFAC general or specific license authorizing the 
payment to avoid the blocking or rejection of the transfer.

0
5. Revise Sec.  538.512 to read as follows:


Sec.  538.512  Transactions related to telecommunications and mail 
authorized.

    (a)(1) Except as provided in paragraph (a)(2) of this section, all 
transactions with respect to the receipt and transmission of 
telecommunications involving Sudan are authorized, provided that no 
payment pursuant to this section may involve any debit to a blocked 
account of the Government of Sudan on the books of a U.S. financial 
institution.
    (2) This section does not authorize:
    (i) The provision, sale, or lease of telecommunications equipment 
or technology; or
    (ii) The provision, sale, or lease of capacity on 
telecommunications transmission facilities (such as satellite or 
terrestrial network connectivity).

[[Page 8534]]

    (b) All transactions of common carriers incident to the receipt or 
transmission of mail and packages between the United States and Sudan 
are authorized, provided that the importation or exportation of such 
mail and packages is exempt from or authorized pursuant to this part.

    Note to Sec.  538.512: See Sec.  538.533 for a general license 
authorizing the exportation to Sudan of certain services, software, 
and hardware incident to the exchange of personal communications.

Sec.  538.513  [Removed and Reserved]

0
6. Remove and reserve Sec.  538.513.

0
7. Revise Sec.  538.533 to read as follows:


Sec.  538.533  Exportation, reexportation, or provision of certain 
services, software, and hardware incident to personal communications.

    (a) Subject to the restrictions set forth in paragraph (b) of this 
section, the following transactions are authorized:
    (1) Services. The exportation or reexportation, directly or 
indirectly, from the United States or by a U.S. person, wherever 
located, to Sudan of services incident to the exchange of personal 
communications over the Internet, such as instant messaging, chat and 
email, social networking, sharing of photos and movies, web browsing, 
and blogging.
    (2) Software-- (i) Software subject to the EAR. The exportation, 
reexportation, or provision, directly or indirectly, to Sudan of 
software subject to the Export Administration Regulations, 15 CFR parts 
730 through 774 (the ``EAR''), that is necessary to enable services 
incident to the exchange of personal communications over the Internet, 
such as instant messaging, chat and email, social networking, sharing 
of photos and movies, web browsing, and blogging, provided that such 
software is designated EAR99 or classified by the U.S. Department of 
Commerce on the Commerce Control List, 15 CFR part 774, supplement No. 
1 (CCL), under export control classification number (ECCN) 5D992.c.
    (ii) Software that is not subject to the EAR because it is of 
foreign origin and is located outside the United States. The 
exportation, reexportation, or provision, directly or indirectly, by a 
U.S. person, wherever located, to Sudan of software that is not subject 
to the EAR because it is of foreign origin and is located outside the 
United States that is necessary to enable services incident to the 
exchange of personal communications over the Internet, such as instant 
messaging, chat and email, social networking, sharing of photos and 
movies, web browsing, and blogging, provided that such software would 
be designated EAR99 if it were located in the United States or would 
meet the criteria for classification under ECCN 5D992.c if it were 
subject to the EAR.
    (iii) Software that is not subject to the EAR because it is 
described in 15 CFR 734.3(b)(3). The exportation, reexportation, or 
provision, directly or indirectly, by a U.S. person, wherever located, 
to Sudan of software that is not subject to the EAR because it is 
described in 15 CFR 734.3(b)(3) that is necessary to enable services 
incident to the exchange of personal communications over the Internet, 
such as instant messaging, chat and email, social networking, sharing 
of photos and movies, web browsing, and blogging.
    (3) Additional software, hardware, and related services. To the 
extent not authorized by paragraph (a)(1) or (a)(2) of this section, 
the exportation, reexportation, or provision, directly or indirectly, 
to Sudan of certain software and hardware incident to personal 
communications, as well as related services, as follows:
    (i) In the case of hardware and software subject to the EAR, the 
items specified in Appendix B to this part;
    (ii) In the case of hardware and software that is not subject to 
the EAR because it is of foreign origin and is located outside the 
United States that is exported, reexported, or provided, directly or 
indirectly, by a U.S. person, wherever located, to Sudan, hardware and 
software that is of a type described in Appendix B to this part 
provided that it would be designated EAR99 if it were located in the 
United States or would meet the criteria for classification under the 
relevant ECCN specified in Appendix B to this part if it were subject 
to the EAR; and
    (iii) in the case of software not subject to the EAR because it is 
described in 15 CFR 734.3(b)(3) that is exported, reexported, or 
provided, directly or indirectly, from the United States or by a U.S. 
person, wherever located, to Sudan, software that is of a type 
described in the Appendix B to this part.

    Note to paragraphs (a)(2) and (a)(3):  The authorizations in 
paragraphs (a)(2) and (a)(3) of this section include the 
exportation, reexportation, or provision, directly or indirectly, to 
Sudan of authorized hardware and software by an individual leaving 
the United States for Sudan.

    (4) Internet connectivity services and telecommunications capacity. 
The exportation or reexportation, directly or indirectly, from the 
United States or by a U.S. person, wherever located, to Sudan of 
consumer-grade Internet connectivity services and the provision, sale, 
or leasing of capacity on telecommunications transmission facilities 
(such as satellite or terrestrial network connectivity) incident to 
personal communications.

    Note to paragraph (a)(4): See Sec.  538.512 for authorizations 
relating to transactions with respect to the receipt and 
transmission of telecommunications involving Sudan.

    (5) Importation into the United States of hardware and software 
previously exported to Sudan. The importation into the United States of 
hardware and software authorized for exportation, reexportation, or 
provision to Sudan under paragraphs (a)(2) and (a)(3) of this section 
by an individual entering the United States, directly or indirectly, 
from Sudan, provided that the items previously were exported, 
reexported, or provided by the individual to Sudan pursuant to 
paragraphs (a)(2) and (a)(3) of this section.
    (6) Exportation, reexportation, or provision of no cost services 
and software that are widely available to the public to the Government 
of Sudan.--(i) Services. The exportation or reexportation, directly or 
indirectly, from the United States or by a U.S. person, wherever 
located, to the Government of Sudan of services described in paragraph 
(a)(1) of this section or categories (6) through (11) of Appendix B to 
this part, provided that such services are widely available to the 
public at no cost to the user.
    (ii) Software. The exportation, reexportation, or provision, 
directly or indirectly, to the Government of Sudan of software 
described in paragraph (a)(2) of this section or categories (6) through 
(11) of Appendix B to this part, read in conjunction with paragraph 
(a)(3) of this section, provided that such software is widely available 
to the public at no cost to the user.

    Note to paragraph (a):  Nothing in this section relieves the 
exporter from compliance with the export license application 
requirements of another Federal agency.

    (b) This section does not authorize:
    (1) The exportation, reexportation, or provision, directly or 
indirectly, of the services, software, or hardware specified in 
paragraph (a) of this section with knowledge or reason to know that 
such services, software, or hardware are intended for the Government of 
Sudan, except for services or software specified in paragraph (a)(6) of 
this section.
    (2) The exportation, reexportation, or provision, directly or 
indirectly, of the services, software, or hardware specified in 
paragraph (a) of this section to any person whose property and 
interests in property are blocked pursuant to any part of 31 CFR 
chapter V, other than

[[Page 8535]]

persons whose property and interests in property are blocked solely 
pursuant to Executive Order 13067 and Executive Order 13412 as the 
Government of Sudan.
    (3) The exportation or reexportation, directly or indirectly, of 
commercial-grade Internet connectivity services or telecommunications 
transmission facilities (such as dedicated satellite links or dedicated 
lines that include quality of service guarantees).
    (4) The exportation or reexportation, directly or indirectly, of 
web-hosting services that are for commercial endeavors or of domain 
name registration services.
    (5) Any action or activity involving any item (including 
information) subject to the EAR that is prohibited by, or otherwise 
requires a license under, part 744 of the EAR or participation in any 
transaction involving a person whose export privileges have been denied 
pursuant to part 764 or 766 of the EAR, without authorization from the 
Department of Commerce.
    (c) Effective February 18, 2015, transfers of funds from Sudan or 
for or on behalf of a person in Sudan in furtherance of an underlying 
transaction authorized by paragraph (a) of this section may be 
processed by U.S. depository institutions and U.S. registered brokers 
or dealers in securities so long as they are consistent with Sec. Sec.  
538.405 and 538.418.
    (d) Specific licenses may be issued on a case-by-case basis for the 
exportation, reexportation, or provision of services, software, or 
hardware incident to personal communications not specified in paragraph 
(a) of this section or Appendix B to this part.

    Note 1 to Sec.  538.533:  This section does not authorize any 
transaction prohibited by any part of chapter V of 31 CFR other than 
part 538. Accordingly, the transfer of funds may not be by, to, or 
through a person whose property and interests in property are 
blocked pursuant to any other part of 31 CFR chapter V, or any 
Executive order, except a Sudanese financial institution whose 
property and interests in property are blocked solely pursuant to 31 
CFR part 538.


    Note 2 to Sec.  538.533: See Sec.  538.212(g)(1) for an 
exemption related to the exportation of certain goods and services 
to the Specified Areas of Sudan, and Sec.  538.537 for a general 
license authorizing the transshipment of goods, technology, and 
services to or from the Republic of South Sudan.

0
8. Add Appendix B to part 538 to read as follows:

Appendix B to Part 538

Appendix B--Services, Software, and Hardware Incident to Personal 
Communications Authorized for Exportation, Reexportation, or Provision 
to Sudan by Paragraph (a)(3) of Sec.  538.533

    Note: See paragraphs (a)(3)(ii)-(iii) of Sec.  538.533 for 
authorizations related to certain hardware and software that is of a 
type described below but that is not subject to the EAR.


------------------------------------------------------------------------
 
-------------------------------------------------------------------------
1. Mobile phones (including smartphones), Personal Digital Assistants
 (PDAs), Subscriber Identity Module/Subscriber Information Module (SIM)
 cards, and accessories for such devices designated EAR99 or classified
 on the CCL under ECCN 5A992.c; drivers and connectivity software for
 such hardware designated EAR99 or classified under ECCN 5D992.c; and
 services necessary for the operation of such hardware and software.
2. Satellite phones and Broadband Global Area Network (BGAN) hardware
 designated EAR99 or classified under ECCN 5A992.c; demand drivers and
 connectivity software for such hardware designated EAR99 or classified
 under ECCN 5D992.c; and services necessary for the operation of such
 hardware and software.
3. Consumer\*\ modems, network interface cards, radio equipment
 (including antennae), routers, switches, and WiFi access points,
 designed for 50 or fewer concurrent users, designated EAR99 or
 classified under ECCNs 5A992.c, 5A991.b.2, or 5A991.b.4; drivers,
 communications, and connectivity software for such hardware designated
 EAR99 or classified under ECCN 5D992.c; and services necessary for the
 operation of such hardware and software.
4. Residential consumer* satellite terminals, transceiver equipment
 (including to antennae, receivers, set-top boxes and video decoders)
 designated EAR99 or classified under ECCNs 5A992.c, 5A991.b.2, or
 5A991.b.4; drivers, communications, and connectivity software for such
 hardware designated EAR99 or classified under ECCN 5D992.c; and
 services necessary for the operation of such hardware and software.
5. Laptops, tablets, and personal computing devices, and peripherals for
 such devices (including consumer* disk drives and other data storage
 devices) and accessories for such devices (including keyboards and
 mice) designated EAR99 or classified on the CCL under ECCNs 5A992.c,
 5A991.b.2, 5A991.b.4, or 4A994.b; computer operating systems and
 software required for effective consumer use of such hardware,
 including software updates and patches, designated EAR99 or classified
 under ECCN 5D992.c; and services necessary for the operation of such
 hardware and software.
6. Anti-virus and anti-malware software designated EAR99 or classified
 under ECCN 5D992.c; and services necessary for the operation of such
 software.
7. Anti-tracking software designated EAR99 or classified under ECCN
 5D992.c; and services necessary for the operation of such software.
8. Mobile operating systems, online application for mobile operating
 systems (app) stores, and related software, including apps designed to
 run on mobile operating systems, designated EAR99 or classified under
 ECCN 5D992.c; and services necessary for the operation of such
 software.
9. Anti-censorship tools and related software designated EAR99 or
 classified under ECCN 5D992.c; and services necessary for the operation
 of such software.
10. Virtual Private Network (VPN) client software, proxy tools, and fee-
 based client personal communications tools including voice, text,
 video, voice-over-IP telephony, video chat, and successor technologies,
 and communications and connectivity software required for effective
 consumer use designated EAR99 or classified under ECCN 5D992.c; and
 services necessary for the operation of such software.
11. Provisioning and verification software for Secure Sockets Layers
 (SSL) certificates designated EAR99 or classified under ECCN 5D992.c;
 and services necessary for the operation of such software.
------------------------------------------------------------------------
\*\ For purposes of this Appendix, the term ``consumer'' refers to items
  that are: (1) generally available to the public by being sold, without
  restriction, from stock at retail selling points by means of any of
  the following: (a) over-the-counter transactions; (b) mail order
  transactions; (c) electronic transactions; or (d) telephone call
  transactions; and (2) designed for installation by the user without
  further substantial support by the supplier.


    Dated: February 10, 2015.
John E. Smith,
Acting Director, Office of Foreign Assets Control.
[FR Doc. 2015-03330 Filed 2-17-15; 8:45 am]
BILLING CODE 4810-AL-P
Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Rules and Regulations 8531

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eligibility requirements for the District viticultural area is located in boundary of section 6, T8N/R7W, to the
appellation. Sonoma County, California. The southwest corner of section 6; then
boundary of the Fountaingrove District (14) Proceed east, then east-northeast
Regulatory Flexibility Act along the southern boundaries of
viticultural area is as described below:
TTB certifies that this regulation will (1) The beginning point is on the sections 6, 5, and 4, T8N/R7W, to the
not have a significant economic impact Mark West Springs map at the southeast corner of section 4; then
on a substantial number of small intersection of the shared Sonoma-Napa (15) Proceed north along the eastern
entities. The regulation imposes no new County line with Petrified Forest Road, boundary of section 4, T8N/R7W, to the
reporting, recordkeeping, or other section 3, T8N/R7W. Sonoma-Napa County line; then
administrative requirement. Any benefit (2) From the beginning point, proceed (16) Proceed easterly along the
derived from the use of an AVA name southeasterly along the Sonoma-Napa Sonoma-Napa County line to the
would be the result of a proprietor’s County line, crossing onto the Calistoga beginning point.
efforts and consumer acceptance of map and then the Kenwood map, to the Dated: January 15, 2015.
wines from that area. Therefore, no marked 2,530-peak of an unnamed Mary G. Ryan,
regulatory flexibility analysis is mountain, section 9, T7N/R6W; then Acting Administrator.
required. (3) Proceed west-southwest in a Approved: January 21, 2015.
Executive Order 12866 straight line to the marked 2,730-foot Timothy E. Skud,
summit of Mt. Hood, section 8, T7N/
It has been determined that this final R6W; then
Deputy Assistant Secretary (Tax, Trade, and
rule is not a significant regulatory action Tariff Policy).
(4) Proceed west-northwest in a
as defined by Executive Order 12866 of straight line to the marked 1,542-foot
[FR Doc. 2015–03371 Filed 2–17–15; 8:45 am]
September 30, 1993. Therefore, no summit of Buzzard Peak, section 11, BILLING CODE 4810–31–P
regulatory assessment is required. T7N/R7W; then
Drafting Information (5) Proceed west-southwest in a
straight line, crossing onto the Santa DEPARTMENT OF THE TREASURY
Karen A. Thornton of the Regulations
and Rulings Division drafted this final Rosa map, to the intersection of State
Office of Foreign Assets Control
rule. Highway 12 and Los Alamos Road; then
(6) Proceed due north in a straight
List of Subjects in 27 CFR Part 9 31 CFR Part 538
line to the southern boundary of section
Wine. 9, T7N/R7W; then Sudanese Sanctions Regulations
(7) Proceed west-northwest along the
The Regulatory Amendment southern boundaries of sections 9, 4, AGENCY: Office of Foreign Assets
For the reasons discussed in the and 5, T7N/R7W, to the western Control, Treasury.
preamble, TTB amends title 27, chapter boundary of the Los Guilicos Land ACTION: Final rule.
I, part 9, Code of Federal Regulations, as Grant; then
follows: (8) Proceed west-southwest along the SUMMARY: The Department of the
southern boundaries of sections 5, 6, Treasury’s Office of Foreign Assets
PART 9—AMERICAN VITICULTURAL and 7, T7N/R7W; then continue west- Control (OFAC) is adopting a final rule
AREAS southwest along the southern amending the Sudanese Sanctions
boundaries of sections 12 and 11, T7N/ Regulations (the ‘‘SSR’’) by adding a
■ 1. The authority citation for part 9 R8W, to the point where the section 11 general license pertaining to certain
continues to read as follows: boundary becomes concurrent with an software, hardware, and services
Authority: 27 U.S.C. 205. unnamed light-duty road known locally incident to personal communications.
as Lewis Road; and then continue west- OFAC is also making other technical
Subpart C—Approved American southwest along Lewis Road to the and conforming changes.
Viticultural Areas road’s intersection with Mendocino DATES: Effective: February 18, 2015.

■ 2. Subpart C is amended by adding Avenue in Santa Rosa; then FOR FURTHER INFORMATION CONTACT:
§ 9.250 to read as follows: (9) Proceed north-northwesterly along Assistant Director for Licensing, tel.:
Mendocino Avenue to the road’s 202/622–2480, Assistant Director for
§ 9.250 Fountaingrove District. intersection with an unnamed road Policy, tel.: 202/622–6746, Assistant
(a) Name. The name of the viticultural known locally as Bicentennial Way; Director for Regulatory Affairs, tel.: 202/
area described in this section is then 622–4855, Assistant Director for
‘‘Fountaingrove District.’’ For purposes (10) Proceed north in a straight line, Sanctions Compliance & Evaluation,
of part 4 of this chapter, ‘‘Fountaingrove crossing through the marked 906-foot tel.: 202/622–2490, Office of Foreign
District’’ is a term of viticultural elevation peak in section 35, T8N/R8W, Assets Control, or Chief Counsel
significance. and, crossing on to the Mark West (Foreign Assets Control), tel.: 202/622–
(b) Approved maps. The four United Springs map, continue to the line’s 2410, Office of the General Counsel,
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States Geological Survey (USGS) intersection with Mark West Springs Department of the Treasury (not toll free
1:24,000 scale topographic maps used to Road, section 26, T8N/R8W; then numbers).
determine the boundary of the (11) Proceed northerly along Mark SUPPLEMENTARY INFORMATION:
Fountaingrove District viticultural area West Springs Road, which turns easterly
and becomes Porter Creek Road, to the Electronic and Facsimile Availability
are titled:
(1) Mark West Springs, CA; 1993; road’s intersection with Franz Valley This document and additional
(2) Calistoga, CA; 1997; Road, section 12, T8N/R8W; then information concerning OFAC are

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Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Rules and Regulations 8533

are inapplicable. Because no notice of and the provision, sale, or leasing of the effect of removing a prohibition
proposed rulemaking is required for this such capacity or facilities to Sudan are contained in this part from the
rule, the Regulatory Flexibility Act (5 prohibited. transaction, but only to the extent
U.S.C. 601–612) does not apply. Note to paragraph (c)(3): See § 538.533 for specifically stated by its terms. Unless
a general license authorizing the exportation the regulation, ruling, instruction, or
Paperwork Reduction Act
to Sudan of certain services, software, and license otherwise specifies, such an
The collections of information related hardware incident to the exchange of authorization does not create any right,
to the Regulations are contained in 31 personal communications. duty, obligation, claim, or interest in, or
CFR part 501 (the ‘‘Reporting, with respect to, any property which
Procedures and Penalties Regulations’’). * * * * *
would not otherwise exist under
Pursuant to the Paperwork Reduction ■ 3. Revise § 538.411 to read as follows: ordinary principles of law.
Act of 1995 (44 U.S.C. 3507), those § 538.411 Exports to third countries; (d) Nothing contained in this part
collections of information have been transshipments. shall be construed to supersede the
approved by the Office of Management Exportation of goods or technology requirements established under any
and Budget under control number 1505– (including technical data, software, other provision of law or to relieve a
0164. An agency may not conduct or information not exempted from the person from any requirement to obtain
sponsor, and a person is not required to prohibition of this part pursuant to a license or other authorization from
respond to, a collection of information § 538.211, or technical assistance) from another department or agency of the
unless the collection of information the United States to third countries is U.S. Government in compliance with
displays a valid control number. prohibited if the exporter knows, or has applicable laws and regulations subject
List of Subjects in 31 CFR Part 538 reason to know, that the goods or to the jurisdiction of that department or
technology are intended for agency. For example, exports of goods,
Administrative practice and services, or technical data that are not
transshipment to Sudan (including
procedure, Banks, Banking, Blocking of prohibited by this part or that do not
passage through, or storage in,
assets, Credit, Investments, Penalties, require a license by OFAC nevertheless
intermediate destinations). The
Reporting and recordkeeping may require authorization by the U.S.
exportation of goods or technology
requirements, Securities, Services, Department of Commerce, the U.S.
intended specifically for incorporation
Sudan. Department of State, or other agencies of
or substantial transformation into a
For the reasons set forth in the third-country product is also prohibited the U.S. Government.
preamble, the Department of the if the particular product is to be used in (e) No license or other authorization
Treasury’s Office of Foreign Assets Sudan, is being specifically contained in or issued pursuant to this
Control amends 31 CFR chapter V as manufactured to fill a Sudanese order, part authorizes transfers of or payments
follows: or if the manufacturer’s sales of the from blocked property or debits to
particular product are predominantly to blocked accounts unless the license or
PART 538—SUDANESE SANCTIONS other authorization explicitly authorizes
Sudan.
REGULATIONS the transfer of or payment from blocked
Note to § 538.411: See § 538.533 for a
property or the debit to a blocked
■ 1. The authority citation for part 538 general license authorizing the exportation to
persons of certain services, software, and account.
continues to read as follows:
hardware incident to the exchange of (f) Any payment relating to a
Authority: 3 U.S.C. 301; 18 U.S.C. 2339B, personal communications. transaction authorized in or pursuant to
2332d; 31 U.S.C. 321(b); 50 U.S.C. 1601– this part that is routed through the U.S.
1651, 1701–1706; Pub. L. 101–410, 104 Stat. ■ 4. Revise § 538.501 to read as follows: financial system should reference the
890 (28 U.S.C. 2461 note); 22 U.S.C. 7201–
7211; Pub. L. 109–344, 120 Stat. 1869; Pub. § 538.501 Effect of license or relevant OFAC general or specific
L. 110–96, 121 Stat. 1011 (50 U.S.C. 1705 authorization. license authorizing the payment to
note); E.O. 13067, 62 FR 59989, 3 CFR, 1997 (a) No license or other authorization avoid the blocking or rejection of the
Comp., p. 230; E.O. 13412, 71 FR 61369, 3 contained in this part, or otherwise transfer.
CFR, 2006 Comp., p. 244. issued by the Office of Foreign Assets ■ 5. Revise § 538.512 to read as follows:
■ 2. Amend § 538.212 by revising Control (OFAC), authorizes or validates
any transaction effected prior to the § 538.512 Transactions related to
paragraph (c)(3) and adding Note to telecommunications and mail authorized.
paragraph (c)(3) to read as follows: issuance of such license or other
authorization, unless specifically (a)(1) Except as provided in paragraph
§ 538.212 Exempt transactions. provided in such license or (a)(2) of this section, all transactions
* * * * * authorization. with respect to the receipt and
(c) * * * (b) No regulation, ruling, instruction, transmission of telecommunications
(3) This section does not exempt or or license authorizes any transaction involving Sudan are authorized,
authorize transactions incident to the prohibited under this part unless the provided that no payment pursuant to
exportation of software subject to the regulation, ruling, instruction, or license this section may involve any debit to a
Export Administration Regulations, 15 is issued by OFAC and specifically blocked account of the Government of
CFR parts 730 through 774, or to the refers to this part. No regulation, ruling, Sudan on the books of a U.S. financial
exportation of goods (including instruction, or license referring to this institution.
software) or technology for use in the part shall be deemed to authorize any (2) This section does not authorize:
mstockstill on DSK4VPTVN1PROD with RULES

transmission of any data, or to the transaction prohibited by any other part (i) The provision, sale, or lease of
provision, sale, or leasing of capacity on of this chapter unless the regulation, telecommunications equipment or
telecommunications transmission ruling, instruction, or license technology; or
facilities (such as satellite or terrestrial specifically refers to such part. (ii) The provision, sale, or lease of
network connectivity) for use in the (c) Any regulation, ruling, instruction, capacity on telecommunications
transmission of any data. The or license authorizing any transaction transmission facilities (such as satellite
exportation of such items or services otherwise prohibited under this part has or terrestrial network connectivity).

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Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Rules and Regulations 8535

persons whose property and interests in without authorization from the chapter V, or any Executive order, except a
property are blocked solely pursuant to Department of Commerce. Sudanese financial institution whose
Executive Order 13067 and Executive (c) Effective February 18, 2015, property and interests in property are
Order 13412 as the Government of transfers of funds from Sudan or for or blocked solely pursuant to 31 CFR part 538.
Sudan. on behalf of a person in Sudan in
Note 2 to § 538.533: See § 538.212(g)(1) for
(3) The exportation or reexportation, furtherance of an underlying transaction an exemption related to the exportation of
directly or indirectly, of commercial- authorized by paragraph (a) of this certain goods and services to the Specified
grade Internet connectivity services or section may be processed by U.S. Areas of Sudan, and § 538.537 for a general
telecommunications transmission depository institutions and U.S. license authorizing the transshipment of
facilities (such as dedicated satellite registered brokers or dealers in goods, technology, and services to or from
links or dedicated lines that include securities so long as they are consistent the Republic of South Sudan.
quality of service guarantees). with §§ 538.405 and 538.418.
(d) Specific licenses may be issued on ■ 8. Add Appendix B to part 538 to read
(4) The exportation or reexportation, as follows:
a case-by-case basis for the exportation,
directly or indirectly, of web-hosting
reexportation, or provision of services, Appendix B to Part 538
services that are for commercial
software, or hardware incident to
endeavors or of domain name Appendix B—Services, Software, and
personal communications not specified
registration services. Hardware Incident to Personal
in paragraph (a) of this section or
(5) Any action or activity involving Appendix B to this part. Communications Authorized for
any item (including information) subject Exportation, Reexportation, or Provision to
to the EAR that is prohibited by, or Note 1 to § 538.533: This section does not Sudan by Paragraph (a)(3) of § 538.533
otherwise requires a license under, part authorize any transaction prohibited by any
part of chapter V of 31 CFR other than part Note: See paragraphs (a)(3)(ii)–(iii) of
744 of the EAR or participation in any 538. Accordingly, the transfer of funds may § 538.533 for authorizations related to certain
transaction involving a person whose not be by, to, or through a person whose hardware and software that is of a type
export privileges have been denied property and interests in property are described below but that is not subject to the
pursuant to part 764 or 766 of the EAR, blocked pursuant to any other part of 31 CFR EAR.

1. Mobile phones (including smartphones), Personal Digital Assistants (PDAs), Subscriber Identity Module/Subscriber Information Module (SIM)
cards, and accessories for such devices designated EAR99 or classified on the CCL under ECCN 5A992.c; drivers and connectivity software
for such hardware designated EAR99 or classified under ECCN 5D992.c; and services necessary for the operation of such hardware and
software.
2. Satellite phones and Broadband Global Area Network (BGAN) hardware designated EAR99 or classified under ECCN 5A992.c; demand driv-
ers and connectivity software for such hardware designated EAR99 or classified under ECCN 5D992.c; and services necessary for the oper-
ation of such hardware and software.
3. Consumer* modems, network interface cards, radio equipment (including antennae), routers, switches, and WiFi access points, designed for
50 or fewer concurrent users, designated EAR99 or classified under ECCNs 5A992.c, 5A991.b.2, or 5A991.b.4; drivers, communications, and
connectivity software for such hardware designated EAR99 or classified under ECCN 5D992.c; and services necessary for the operation of
such hardware and software.
4. Residential consumer* satellite terminals, transceiver equipment (including to antennae, receivers, set-top boxes and video decoders) des-
ignated EAR99 or classified under ECCNs 5A992.c, 5A991.b.2, or 5A991.b.4; drivers, communications, and connectivity software for such
hardware designated EAR99 or classified under ECCN 5D992.c; and services necessary for the operation of such hardware and software.
5. Laptops, tablets, and personal computing devices, and peripherals for such devices (including consumer* disk drives and other data storage
devices) and accessories for such devices (including keyboards and mice) designated EAR99 or classified on the CCL under ECCNs
5A992.c, 5A991.b.2, 5A991.b.4, or 4A994.b; computer operating systems and software required for effective consumer use of such hardware,
including software updates and patches, designated EAR99 or classified under ECCN 5D992.c; and services necessary for the operation of
such hardware and software.
6. Anti-virus and anti-malware software designated EAR99 or classified under ECCN 5D992.c; and services necessary for the operation of such
software.
7. Anti-tracking software designated EAR99 or classified under ECCN 5D992.c; and services necessary for the operation of such software.
8. Mobile operating systems, online application for mobile operating systems (app) stores, and related software, including apps designed to run
on mobile operating systems, designated EAR99 or classified under ECCN 5D992.c; and services necessary for the operation of such soft-
ware.
9. Anti-censorship tools and related software designated EAR99 or classified under ECCN 5D992.c; and services necessary for the operation of
such software.
10. Virtual Private Network (VPN) client software, proxy tools, and fee-based client personal communications tools including voice, text, video,
voice-over-IP telephony, video chat, and successor technologies, and communications and connectivity software required for effective con-
sumer use designated EAR99 or classified under ECCN 5D992.c; and services necessary for the operation of such software.
11. Provisioning and verification software for Secure Sockets Layers (SSL) certificates designated EAR99 or classified under ECCN 5D992.c;
and services necessary for the operation of such software.
* For purposes of this Appendix, the term ‘‘consumer’’ refers to items that are: (1) generally available to the public by being sold, without re-
striction, from stock at retail selling points by means of any of the following: (a) over-the-counter transactions; (b) mail order transactions; (c)
electronic transactions; or (d) telephone call transactions; and (2) designed for installation by the user without further substantial support by the
supplier.
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Dated: February 10, 2015.
John E. Smith,
Acting Director, Office of Foreign Assets
Control.
[FR Doc. 2015–03330 Filed 2–17–15; 8:45 am]
BILLING CODE 4810–AL–P

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Document Created: 2018-02-16 11:10:54
Document Modified: 2018-02-16 11:10:54
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		Effective: February 18, 2015.
Contact		Assistant Director for Licensing, tel.: 202/622-2480, Assistant Director for Policy, tel.: 202/622-6746, Assistant Director for Regulatory Affairs, tel.: 202/622-4855, Assistant Director for Sanctions Compliance & Evaluation, tel.: 202/ 622-2490, Office of Foreign Assets Control, or Chief Counsel (Foreign Assets Control), tel.: 202/622-2410, Office of the General Counsel, Department of the Treasury (not toll free numbers).
FR Citation		80 FR 8531
CFR Associated		Administrative Practice and Procedure; Banks; Banking; Blocking of Assets; Credit; Investments; Penalties; Reporting and Recordkeeping Requirements; Securities; Services and Sudan
80 FR 8531 - Sudanese Sanctions Regulations

DEPARTMENT OF THE TREASURYOffice of Foreign Assets Control

Federal Register Volume 80, Issue 32 (February 18, 2015)

DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
