OFAC Issues Six General Licenses to Recent Syria EO
The Office of Foreign Assets Control has issued six general licenses related to the recent Syria Executive Order to authorize (1) certain diplomatic services, (2) legal services, (3) normal bank service charges, (4) exportation and reexportation of items subject to the Export Administration Regulations (EAR) and related services, (5) Internet-based services, and (6) personal remittances.
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The following are details of General Licenses No. 4 and No. 5 (note that general licenses authorize the performance of certain categories of transactions, with no need for a specific license authorized on a case-by-case basis):
Export and Reexport of EAR Items and Incidental Services
General License No. 4 states that the exportation or reexportation of items subject to the EAR to the Government of Syria, or to any other person whose property and interests in property are blocked pursuant to Executive Order (EO) 13338 (2004), EO 13399 (2006), EO 13460 (2008), EO 13572 (04/2011), EO 13573 (05/2011), or EO 13582 of August 18, 20111, and all transactions ordinarily incident thereto, as well as of services to install, repair, or replace such items, are authorized, provided that the exportation or reexportation of such items is licensed or otherwise authorized by the Commerce Department.
The exportation or reexportation of services to Syria that are ordinarily incident to the exportation or reexportation of items subject to the EAR, as well as of services to install, repair, or replace such items, otherwise prohibited by Section 2 of EO 13582, is also authorized, provided that the exportation or reexportation of such items is licensed or otherwise authorized by the Commerce Department.
(For purposes of this general license, the term "items" means commodities, software, and technology and "items subject to the EAR" refers to 15 CFR 734.3. Note that this general license does not authorize any debit to a blocked account.)
Export of Services Incident to Internet-Based Communications
General License No. 5 states that to the extent that such transactions are not exempt from the prohibitions of EO 13338 (2004), EO 13399 (2006), EO 13460 (2008), EO 13572 (04/2011), EO 13573 (05/2011), or EO 13582 (08/2011) (collectively, the Orders), and except as provided in the paragraph below, the exportation from the U.S. or by U.S. persons, wherever located, to persons in Syria 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, is authorized, provided that such services are publicly available at no cost to the user.
This does not authorize (1) the direct or indirect exportation of services with knowledge or reason to know that such services are intended for the Government of Syria or any other person whose property and interests in property are blocked pursuant to the Orders; (2) the direct or indirect exportation of Internet connectivity services or telecommunications transmission facilities (such as satellite links or dedicated lines); (3) the direct or indirect exportation of web-hosting services that are for purposes other than personal communications (e.g., web-hosting services for commercial endeavors) or of domain name registration services; or (4) the direct or indirect exportation of any items to Syria.
Specific licenses may be issued on a case-by-case basis for the exportation of other services incident to the sharing of information over the Internet.
(See text of General Licenses No. 1-3 and 6 detailed information on each.)
1On August 18, 2011, the President signed EO 13582, banning the export of U.S. services to Syria and the import into the U.S. of Syrian-origin petroleum or petroleum products and related transactions, including transporting or facilitating such imports. (See ITT's Online Archives or 08/22/11 news, 11082250, for BP summary.)