On March 19, 2014, the Office of Foreign Assets Control (OFAC) issued General License G pertaining to certain academic exchanges and the exportation or importation of certain educational services to Iran. The General License covers educational services that may be provided by U.S. academic institutions including their contractors, which are quite broad. Please refer to the General License for specific guidance.
The General License authorizes exports in connection with the filing and processing of applications and the acceptance of payments for submitted applications and tuition from individuals located in Iran and outside of Iran who are ordinarily resident in Iran. It covers recruitment, hiring or employment in a teaching activity provided that required visas are in place. In addition, it permits signing up for and participation in undergraduate online courses, coursework not part of a degree-seeking program and fee-based courses provided by U.S. academic institutions (see the General License for specifics). U.S. persons who are actively enrolled in a U.S. academic institution are authorized to participate in educational courses or engage in noncommercial academic research at Iranian universities at the undergraduate level, as well as in certain graduate-level non-commercial academic research at Iranian universities in the humanities, social services, law or business at levels above the undergraduate level.
The General License also authorizes U.S. persons to export services to Iran in support of certain not-for-profit educational activities in Iran: combating illiteracy, increasing access to education and assisting in educational reform projects.
U.S. persons are authorized to administer professional certificate examinations and university entrance exams, including those services that are necessary or required for admission to U.S. academic institutions, to individuals who are located in Iran or located outside of Iran but who are ordinarily resident in Iran.
There are specific prohibitions covering the release of software and technology that are covered by OFAC's regulations, as well as the regulations of the Bureau of Industry and Security. There are also limitations regarding coverage for persons who are blocked in accordance with OFAC regulations.
In addition to the above, five notes have specific applicability to visa requirements; U.S. depository institutions and private loan companies; publishing-related activities; and the authorization for U.S. persons to export, reexport and provide certain services, software and hardware incident to personal communications under General License D-1 of 31 C.F.R. part 560.
If you would like further information about this Alert, please contact Brian S. Goldstein, any member of the International Practice Group or the attorney in the firm with whom you are regularly in contact.
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