31 C.F.R. § 560.210

Exempt transactions

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(a) Personal communications. The prohibitions contained in this part do not apply to any postal, telegraphic, telephonic, or other personal communication that does not involve the transfer of anything of value.

(b) Humanitarian donations. The prohibitions of §§ 560.204 and 560.206 do not apply to donations by United States persons of articles, such as food, clothing, and medicine, intended to be used to relieve human suffering.

(c) Information or informational materials. (1) The prohibitions contained in this part do not apply to the importation from any country and the exportation to any country of information or informational materials, as defined in § 560.315, whether commercial or otherwise, regardless of format or medium of transmission.

(2) This section does not exempt from regulation or authorize transactions related to information or informational materials not fully created and in existence at the date of the transactions, or to the substantive or artistic alteration or enhancement of informational materials, or to the provision of marketing and business consulting services. Such prohibited transactions include, but are not limited to, payment of advances for information or informational materials not yet created and completed (with the exception of prepaid subscriptions for widely circulated magazines and other periodical publications); provision of services to market, produce or co-produce, create, or assist in the creation of information or informational materials; and payment of royalties with respect to income received for enhancements or alterations made by U.S. persons to such information or informational materials.

(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 Iran, the Government of Iran, an Iranian financial institution, or any other person whose property and interests in property are blocked pursuant to § 560.211 are prohibited.

Note to paragraph (c)(3) of § 560.210:

See § 560.540 of this part for a general license authorizing the exportation to persons in Iran of certain services and software incident to the exchange of personal communications over the Internet.

(d) Travel. The prohibitions contained in this part do not apply to transactions ordinarily incident to travel to or from any country, including importation or exportation of accompanied baggage for personal use, maintenance within any country including payment of living expenses and acquisition of goods or services for personal use, and arrangement or facilitation of such travel including nonscheduled air, sea, or land voyages.

(e) Official Business. The prohibitions in § 560.211(a) through (c)(1) do not apply to transactions for the conduct of the official business of the Federal Government by employees, grantees, or contractors thereof.

(f) The prohibitions in § 560.211 do not apply to property and interests in property of the Government of Iran that were blocked pursuant to Executive Order 12170 of November 14, 1979, and thereafter made subject to the transfer directives set forth in Executive Order 12281 of January 19, 1981, and implementing regulations thereunder.

[77 FR 64666, Oct. 22, 2012, as amended at 77 FR 75847, Dec. 26, 2012]

Notes of Decisions

Cited in 17 cases, 1999–2020 · leading case: United States v. Amirnazmi, 645 F.3d 564 (3rd Cir. 2011).

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United States v. Amirnazmi, 645 F.3d 564 (3rd Cir. 2011). · cites it 3× “” See 31 C.F.R. § 560.210 (c)(1). Although not enumerated in the statute, technology and software are capable of qualifying as “informational materials” under the regulations.”

United States v. Banki, 685 F.3d 99 (2d Cir. 2011). “See 31 C.F.R. § 560.210 (exempting from regulation certain personal communications, humanitarian donations, information and information materials, and travel); Exec.”

In Re 650 Fifth Ave. & Related Props., 777 F. Supp. 2d 529 (S.D.N.Y. 2011). “” 31 C.F.R. § 560.210 (b). Moreover, it seems highly unlikely that OFAC executed its rule-making authority in response to President Clinton’s finding “that the actions and policies of the Government of Iran constitute an unusual and extraordinary threat to the national security,…”

ABC Charters, Inc. v. Bronson, 591 F. Supp. 2d 1272 (S.D. Fla. 2008). “Title 31 C.F.R. § 560.210 (d) of the Iranian Transactions Regulations, 31 U.”

United States v. Mousavi, 604 F.3d 1084 (9th Cir. 2010). “, 31 C.F.R. § 560.210 (“Exempt transactions”).”

Massoud Bassidji v. Simon Soul Sun Goe, 413 F.3d 928 (9th Cir. 2005). “” 31 C.F.R. § 560.210 (d). Similarly, the suggestion at oral argument that a broad reading of the Order would forbid transportation companies to carry a carpet of Iranian origin from one place to another within the United States is inconsistent with the implementing regulations.”

United States v. Anvari-Hamedani, 378 F. Supp. 2d 821 (N.D. Ohio 2005). “Arguably, 31 C.F.R. §§ 560.210 , 560.516 limit this Executive Order, as they allow transfers for humanitarian purposes and to family in Iran.”

Kalantari v. Nitv, Inc., 352 F.3d 1202 (9th Cir. 2003). · cites it 3× “§ 1702 (b)(3); 31 C.F.R. § 560.210 (c)(1). But, because Plaintiff paid Iranians for the movies that he imported, to answer our first question, we also must consider whether a commercial transaction that results in importation is likewise permitted.”

Flatow, Stephen M. v. Islam Repub Iran, 305 F.3d 1249 (D.C. Cir. 2002). “§ 1702(b); 31 C.F.R. § 560.210 . As under the IACR, there is a general prohibition under the ITR of unauthorized transactions, coupled with specific licenses permitting certain kinds of transactions.”

United States v. Banki, 660 F.3d 665 (2d Cir. 2011). “See 31 C.F.R. § 560.210 (exempting from regulation certain personal communications, humanitarian donations, information and information materials, and travel); Exec.”

Nationwide Mut. Fire Ins. v. Rezainik, 522 S.E.2d 370 (Va. 1999). · cites it 6× “” 31 C.F.R. § 560.210 (d). Following Rezainik’s testimony at trial, Nationwide again asserted that the goods at issue did not qualify for the exemption, but the trial court declined to alter its prior ruling.”

Marland v. Trump (E.D. Pa. 2020). · cites it 2× “” See 31 C.F.R. § 560.210 (c)(2). According to the Government, because the “vast majority of videos created on TikTok do not previously exist” prior to users’ engagement with the app, these too may be permissibly regulated under IEEPA.”

Show all 17 citing cases →

— 31 C.F.R. § 560.210(c)(2) — 1 case

Tiktok Inc. v. Trump (D.D.C. 2020).

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