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[Federal Register Volume 79, Number 18 (Tuesday, January 28, 2014)]
[Notices]
[Pages 4522-4524]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-01580]

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DEPARTMENT OF STATE

[Public Notice 8610]

Provision of Certain Temporary and Limited Sanctions Relief in 
Order To Implement the Joint Plan of Action of November 24, 2013 
Between the P5+1 and the Islamic Republic of Iran

AGENCY: Department of State.

ACTION: Notice.

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SUMMARY: On November 24, 2013, the United States and its partners in 
the P5+1--France, the United Kingdom, Russia, China, and Germany--
reached an initial understanding with Iran that halts progress on its 
nuclear program and rolls it back in key respects. In return, the P5+1 
committed to provide limited, temporary, and targeted sanctions relief 
to Iran. This Notice outlines the U.S. Government (USG) actions taken 
to implement the sanctions relief aspects of this understanding.

DATES:  Effective Date: The effective dates of these waiver actions are 
as described in the determinations set forth below.

FOR FURTHER INFORMATION CONTACT: On general issues: John Hughes, Office 
of Economic Sanctions Policy and Implementation, Department of State, 
Telephone: (202) 647-7489.

SUPPLEMENTARY INFORMATION: On November 24, 2013, the P5+1 (China, 
France, Germany, Russia, the United States, and the United Kingdom, 
coordinated by EU High Representative Catherine Ashton) reached an 
initial understanding with Iran, outlined in a Joint Plan of Action 
(JPOA), that halts progress on Iran's nuclear program and rolls it back 
in key respects. The JPOA includes the first meaningful limits Iran has 
accepted on its nuclear program in close to a decade. In return for 
important steps to constrain Iran's nuclear program, the P5+1 committed 
to provide Iran with limited, temporary, and targeted sanctions relief 
for a period of six months, starting on January 20, 2014, and 
concluding on July 20, 2014 (the ``JPOA period'').
    The sanctions relief specified in the JPOA focuses on a limited 
number of commercial activities and associated services for: Iran's 
exports of petrochemical products; Iran's purchase and sale of gold and 
precious metals; the provision of goods and services to Iran's 
automotive sector; and the licensing of safety-of-flight inspections 
and repairs for Iranian civil aviation. The sanctions relief also 
pauses efforts to further reduce Iran's crude oil exports, enabling the 
current importers of Iranian crude oil--China, Japan, South Korea, 
India, Turkey, and Taiwan--to maintain purchases at current average 
levels during the JPOA period. (The purchase of Iranian crude oil by 
entities in jurisdictions outside of China, Japan, South Korea, India, 
Turkey, and Taiwan remains sanctionable under U.S. law.) Iran will also 
gain access, in installments, to $4.2 billion of its restricted 
revenues now held in overseas accounts. Finally, Iran and the P5+1 have 
committed to establish a financial channel to facilitate Iran's import 
of certain humanitarian goods, the payment of medical expenses incurred 
by Iranians overseas, payments of Iran's UN obligations, and up to $400 
million toward university tuition for Iranian students studying abroad.
    To implement this limited sanctions relief, the U.S. government has 
executed temporary, partial waivers of certain statutory sanctions and 
has issued guidance regarding the suspension of sanctions under 
relevant Executive Orders and regulations. Because some of the waivers 
have a duration less than the six-month period of the JPOA, the USG 
plans to take such additional actions as may be necessary to extend 
this limited sanctions relief to July 20, 2014.
    All U.S. sanctions not explicitly waived or suspended through these 
actions remain fully in force. Furthermore, U.S. persons and foreign 
entities owned or controlled by U.S. persons (``U.S.-owned or -
controlled foreign entities'') continue to be generally prohibited from 
conducting transactions with Iran, including any transactions of the 
types permitted pursuant to the JPOA, unless licensed to do so by OFAC. 
The U.S. government will continue to enforce U.S. sanctions laws and 
regulations against those who engage in sanctionable activities that 
are not covered by the suspensions and temporary waivers announced on 
January 20, 2014.
    Acting under the authorities vested in me as Secretary of State, 
including through the applicable delegations of authority, I hereby 
make the following determinations and certifications:
    Pursuant to Sections 1244(i), 1245 (g), 1246(e), and 1247(f) of the 
Iran Freedom and Counter-Proliferation Act of 2012 (subtitle D of title 
XII of Public Law 112-239, 22 U.S.C. 8801 et seq.) (IFCA), I determine 
that it is vital to the national security of the United States to waive 
the imposition of sanctions pursuant to:
    1. Section 1244(c)(1) of IFCA \1\ to the extent required for:
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    \1\ Pursuant to section 1244(c)(2)(C)(iii) of IFCA, the relevant 
sanction in Section 1244(c)(1) continues not to apply, by its terms, 
in the case of Iranian financial institutions that have not been 
designated for the imposition of sanctions in connection with Iran's 
proliferation of weapons of mass destruction or delivery systems for 
weapons of mass destruction, support for international terrorism, or 
abuses of human rights (as described in section 1244(c)(3)).

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[[Page 4523]]

    a. Transactions by non-U.S. persons for the export from Iran of 
petrochemical products,\2\ and for associated services, excluding any 
transactions involving persons on the list of specially designated 
nationals and blocked persons of the Office of Foreign Assets Control 
(OFAC) of the U.S. Department of the Treasury (hereinafter the SDN 
List) except for the following companies: Bandar Imam Petrochemical 
Company; Bou Ali Sina Petrochemical Company; Ghaed Bassir Petrochemical 
Products Company; Iran Petrochemical Commercial Company; Jam 
Petrochemical Company; Marjan Petrochemical Company; Mobin 
Petrochemical Company; National Petrochemical Company; Nouri 
Petrochemical Company; Pars Petrochemical Company; Sadaf Petrochemical 
Assaluyeh Company; Shahid Tondgooyan Petrochemical Company; Shazand 
Petrochemical Company; and Tabriz Petrochemical Company;
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    \2\ 77 FR 67726-67731 (Nov. 13, 2012).
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    b. Transactions by U.S. or non-U.S. persons for the supply and 
installation of spare parts necessary for the safety of flight for 
Iranian civil aviation, for safety-related inspections and repairs in 
Iran, and for associated services, provided that OFAC has issued any 
required licenses, excluding any transactions involving persons on the 
SDN List except for Iran Air;
    c. Transactions by non-U.S. persons to which sanctions would not 
apply if an exception under section 1244(g)(2) of IFCA were applied to 
China, India, Japan, the Republic of Korea, Taiwan, and Turkey, and for 
insurance and transportation services associated with such 
transactions, provided that such transactions are consistent with the 
purchase amounts provided for in the Joint Plan of Action of November 
24, 2013, excluding any transactions or associated services involving 
persons on the SDN List except for the National Iranian Oil Company and 
the National Iranian Tanker Company;
    d. Transactions by non-U.S. persons for the sale, supply or 
transfer to or from Iran of precious metals, provided that such 
transactions are within the scope of the waiver of Sections 
1245(a)(1)(A) and 1245(c) of IFCA (section 3 below), and for associated 
services, excluding any transactions involving persons on the SDN List 
except for any political subdivision, agency, or instrumentality of the 
Government of Iran listed solely pursuant to E.O. 13599;
    2. Section 1244(d) of IFCA to the extent required for the sale, 
supply or transfer of goods or services by non-U.S. persons in 
connection with transactions by non-U.S. persons to which sanctions 
would not apply if an exception under section 1244(g)(2) of IFCA were 
applied to China, India, Japan, the Republic of Korea, Taiwan, and 
Turkey, and for insurance and transportation services associated with 
such transactions, provided that such transactions are consistent with 
the purchase amounts provided for in the Joint Plan of Action of 
November 24, 2013, excluding any transactions or associated services 
involving persons on the SDN List except for the National Iranian Oil 
Company and the National Iranian Tanker Company;
    3. Sections 1245(a)(1)(A) and 1245(c) of IFCA to the extent 
required for transactions by non-U.S. persons for the sale, supply, or 
transfer to or from Iran of precious metals, provided that:
    a. Such transactions do not involve persons on the SDN List, except 
for any political subdivision, agency, or instrumentality of the 
Government of Iran listed solely pursuant to E.O. 13599 or any Iranian 
depository institution listed solely pursuant to E.O. 13599; and
    b. This waiver shall not apply to transactions for the sale, 
supply, or transfer to Iran of precious metals involving funds credited 
to an account located outside Iran pursuant to Section 
1245(d)(4)(D)(ii)(II) of the National Defense Authorization Act for 
Fiscal Year 2012;
    4. Section 1246(a) of IFCA \3\ to the extent required for the 
provision of underwriting services or insurance or reinsurance:
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    \3\ Pursuant to section 1246(a)(1)(C) of IFCA, the relevant 
sanction in section 1246(a)(1) continues not to apply, by its terms, 
in the case of Iranian financial institutions that have not been 
designated for the imposition of sanctions in connection with Iran's 
proliferation of weapons of mass destruction or delivery systems for 
weapons of mass destruction, support for international terrorism, or 
abuses of human rights (as described in section 1246(b)).
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    a. By non-U.S. persons for the export from Iran of petrochemical 
products and for associated services, excluding any transactions 
involving persons on the SDN List except for the following companies: 
Bandar Imam Petrochemical Company; Bou Ali Sina Petrochemical Company; 
Ghaed Bassir Petrochemical Products; Iran Petrochemical Commercial 
Company; Jam Petrochemical Company; Marjan Petrochemical Company; Mobin 
Petrochemical Company; National Petrochemical Company; Nouri 
Petrochemical Company; Pars Petrochemical Company; Sadaf Petrochemical 
Assaluyeh Company; Shahid Tondgooyan Petrochemical Company; Shazand 
Petrochemical Company; and Tabriz Petrochemical Company;
    b. By U.S. persons or non-U.S. persons for the supply and 
installation of spare parts necessary for the safety of flight for 
Iranian civil aviation, for safety-related inspections and repairs in 
Iran, and for associated services, provided that OFAC has issued any 
required licenses, excluding any transactions involving persons on the 
SDN List except for Iran Air;
    c. By non-U.S. persons for transactions to which sanctions would 
not apply if an exception under section 1244(g)(2) of IFCA were applied 
to China, India, Japan, the Republic of Korea, Taiwan, and Turkey, and 
for insurance and transportation services associated with such 
transactions, provided that such transactions are consistent with the 
purchase amounts provided for in the Joint Plan of Action of November 
24, 2013, excluding any transactions or associated services involving 
persons on the SDN List except for the National Iranian Oil Company and 
the National Iranian Tanker Company; and
    d. By non-U.S. persons for the sale, supply or transfer to or from 
Iran of precious metals, provided that such transactions are within the 
scope of the waiver of Sections 1245(a)(1)(A) and 1245(c) of IFCA, and 
for associated services, excluding any transactions involving persons 
on the SDN List except for any political subdivision, agency, or 
instrumentality of the Government of Iran listed solely pursuant to 
E.O. 13599;
    e. By non-U.S. persons for the sale, supply or transfer to Iran of 
goods and services used in connection with the automotive sector of 
Iran and for associated services, excluding any transactions involving 
persons on the SDN List.
    5. Section 1247(a) of IFCA \4\ to the extent required for 
transactions by foreign financial institutions on behalf of:
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    \4\ Pursuant to section 1247(a) of IFCA, the relevant sanction 
in section 1247(a) still continues not to apply, by its terms, in 
the case of Iranian financial institutions that have not been 
designated for the imposition of sanctions in connection with Iran's 
proliferation of weapons of mass destruction or delivery systems for 
weapons of mass destruction, support for international terrorism, or 
abuses of human rights (as described in section 1247(b)).
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    a. Bandar Imam Petrochemical Company; Bou Ali Sina Petrochemical

[[Page 4524]]

Company; Ghaed Bassir Petrochemical Products; Iran Petrochemical 
Commercial Company; Jam Petrochemical Company; Marjan Petrochemical 
Company; Mobin Petrochemical Company; National Petrochemical Company; 
Nouri Petrochemical Company; Pars Petrochemical Company; Shahid 
Tondgooyan Petrochemical Company; Sadaf Petrochemical Assaluyeh 
Company; Shahid Tondgooyan Petrochemical Company; Shazand Petrochemical 
Company; and Tabriz Petrochemical Company for the export from Iran of 
petrochemicals;
    b. Iran Air for the supply and installation of spare parts 
necessary for the safety of flight by Iran Air and for safety-related 
inspections and repairs for Iran Air, provided that OFAC has issued any 
required licenses;
    c. The National Iranian Oil Company and the National Iranian Tanker 
Company for transactions by non-U.S. persons to which sanctions would 
not apply if an exception under section 1244(g)(2) of IFCA were applied 
to China, India, Japan, the Republic of Korea, Taiwan, and Turkey, 
provided that such transactions are consistent with the purchase 
amounts provided for in the Joint Plan of Action of November 24, 2013, 
excluding any transactions or associated services involving any other 
persons on the SDN List; and
    d. Any political subdivision, agency, or instrumentality of the 
Government of Iran listed solely pursuant to E.O. 13599 for the sale, 
supply or transfer to or from Iran of precious metals, provided that 
such transactions are within the scope of the waiver of Sections 
1245(a)(1)(A) and 1245(c) of IFCA.
    Pursuant to section 1245(d)(5) of the National Defense 
Authorization Act for Fiscal Year 2012, I determine that it is in the 
national security interest of the United States to waive the imposition 
of sanctions under Section 1245(d)(1) with respect to:
    (1) Foreign financial institutions under the primary jurisdiction 
of China, India, Japan, the Republic of Korea, the authorities on 
Taiwan, and Turkey, subject to the following conditions:
    a. This waiver shall apply to a financial transaction only for 
trade in goods and services between Iran and the country with primary 
jurisdiction over the foreign financial institution involved in the 
financial transaction (but shall not apply to any transaction for the 
sale, supply, or transfer to Iran of precious metals involving funds 
credited to an account described in paragraph (b));
    b. Any funds owed to Iran as a result of such trade shall be 
credited to an account located in the country with primary jurisdiction 
over the foreign financial institution involved in the financial 
transaction; and
    c. With the exception that certain foreign financial institutions 
notified directly in writing by the U.S. Government may engage in 
financial transactions with the Central Bank of Iran in connection with 
the repatriation of revenues and the establishment of a financial 
channel, to the extent specifically provided for in the Joint Plan of 
Action of November 24, 2013; and
    (2) Foreign financial institutions under the primary jurisdiction 
of Switzerland that are notified directly in writing by the U.S. 
Government, to the extent necessary for such foreign financial 
institutions to engage in financial transactions with the Central Bank 
of Iran in connection with the repatriation of revenues and the 
establishment of a financial channel as specifically provided for in 
the Joint Plan of Action of November 24, 2013.
    Pursuant to Section 302(e) of the Iran Threat Reduction and Syria 
Human Rights Act of 2012 (Public Law 112-158) (TRA), I determine that 
it would cause damage to the national security of the United States to 
identify or designate a foreign person under section 302(a) of TRA in 
connection with transactions by non-U.S. persons with the National 
Iranian Oil Company to which sanctions would not apply if an exception 
under section 1244(g)(2) of IFCA were applied to China, India, Japan, 
the Republic of Korea, Taiwan, and Turkey, and for insurance and 
transportation services associated with such transactions, provided 
that such transactions are consistent with the purchase amounts 
provided for in the Joint Plan of Action of November 24, 2013.
    Pursuant to Section 4(c)(1)(A) of the Iran Sanctions Act of 1996 
(Pub. L. 104-172, 50 U.S.C. 1701 note) (ISA), I certify that it is 
vital to the national security interests of the United States to waive 
the application of section 5(a)(7) of ISA to the National Iranian Oil 
Company and the National Iranian Tanker Company to the extent required 
for insurance and transportation services provided on or after the date 
of transmittal of this certification to the appropriate congressional 
committees and associated with transactions to which sanctions would 
not apply if an exception under section 1244(g)(2) of IFCA were applied 
to China, India, Japan, the Republic of Korea, Taiwan, and Turkey, 
provided that such transactions are consistent with the purchase 
amounts provided for in the Joint Plan of Action of November 24, 2013.
    These waivers shall take effect upon their transmittal to Congress, 
unless otherwise provided in the relevant provision of law.

(Signed John F. Kerry, Secretary of State)

    Therefore, these sanctions have been waived as described in the 
determinations above. Relevant agencies and instrumentalities of the 
United States Government shall take all appropriate measures within 
their authority to carry out the provisions of this notice.

    Dated: January 22, 2014.
William E. Craft,
Acting Assistant Secretary for Economic and Business Affairs.
[FR Doc. 2014-01580 Filed 1-27-14; 8:45 am]
BILLING CODE 4710-07-P
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