| US restrictions regarding "exporting" to Iran || Jan 31, 2006 |
Our Iranian colleague Iren Rad's question does not refer to the mechanics on how to make money transfers from Iran, but rather what transfers would be deemed legal under current US laws. He/she seems to recognize the problem when he/she states: "send this information by mail if you are not interested to discuss about it in forum." Given the political environment prevailing today in the United States, this may be a distinction without a difference.
Specifically, under current US laws, no "US person" (a broad term that includes companies incorporated in the United States and executives of said companies who are US citizens or permanent residents) can export goods, technologies or services to Iran. See the following website:
Browsing on that site, one can find the following:
EXPORTS TO IRAN - In general, unless licensed by OFAC [Office of Foreign Assets Control], goods, technology (including technical data or other information subject to Export Administration
Regulations), or services may not be exported, reexported, sold or supplied, directly
or indirectly, from the United States or by a U.S. person, wherever located, to Iran
or the Government of Iran. The ban on providing SERVICES includes any brokering
function from the United States or by U.S. persons, wherever located. For example,
a U.S. person, wherever located, or any person acting within the United States, may
not broker offshore transactions that benefit Iran or the Government of Iran,
including sales of foreign goods or arranging for third-country financing or guarantees.
There is an exception to the prohibition regarding export of information or information materials. Some guidance can be found at:
As a general rule, that exception, that includes access to databases, has been applied to not-for-profit organizations when the databases were not prepared specifically for Iran. See the above references.
The applicability of the prohition to ProZ, a for-profit organization incorporated in the US and to ProZ's principals, US citizens, is an open question. One may argue that ProZ is a professional organization, but I have not practiced Export Control law after 9-11, when all controls were tightened. Thus, I can't give a professional opinion about it. But I would advise to proceed with extreme care regarding Iranian platinum members and to consult with the pertinent U.S. agencies.
Whether these rules are fair, or even legal under international law, it is an issue that I would recommend to be presented to the Congress of the United States. I can't answer that. In this particular case, I am just the messenger.
[Edited at 2006-01-31 01:21]
[Edited at 2006-01-31 01:24]
[Edited at 2006-01-31 01:26]
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