Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Rules and Regulations 8531 

and ‘‘North Coast’’ as appellations of 

origin for wines made primarily from 

grapes grown within the Fountaingrove 

District AVA if the wines meet the 

eligibility requirements for the 

appellation. 

Regulatory Flexibility Act 

TTB certifies that this regulation will 

not have a significant economic impact 

on a substantial number of small 

entities. The regulation imposes no new 

reporting, recordkeeping, or other 

administrative requirement. Any benefit 

derived from the use of an AVA name 

would be the result of a proprietor’s 

efforts and consumer acceptance of 

wines from that area. Therefore, no 

regulatory flexibility analysis is 

required. 

Executive Order 12866 

It has been determined that this final 

rule is not a significant regulatory action 

as defined by Executive Order 12866 of 

September 30, 1993. Therefore, no 

regulatory assessment is required. 

Drafting Information 

Karen A. Thornton of the Regulations 

and Rulings Division drafted this final 

rule. 

List of Subjects in 27 CFR Part 9 

Wine. 

The Regulatory Amendment 

For the reasons discussed in the 

preamble, TTB amends title 27, chapter 

I, part 9, Code of Federal Regulations, as 

follows: 

PART 9—AMERICAN VITICULTURAL 

AREAS 

■ 1. The authority citation for part 9 

continues to read as follows: 

Authority: 27 U.S.C. 205. 

Subpart C—Approved American 

Viticultural Areas 

■ 2. Subpart C is amended by adding 

§ 9.250 to read as follows: 

§ 9.250 Fountaingrove District. 

(a) Name. The name of the viticultural 

area described in this section is 

‘‘Fountaingrove District.’’ For purposes 

of part 4 of this chapter, ‘‘Fountaingrove 

District’’ is a term of viticultural 

significance. 

(b) Approved maps. The four United 

States Geological Survey (USGS) 

1:24,000 scale topographic maps used to 

determine the boundary of the 

Fountaingrove District viticultural area 

are titled: 

(1) Mark West Springs, CA; 1993; 

(2) Calistoga, CA; 1997; 

(3) Kenwood, CA; 1954; photorevised 

1980; and 

(4) Santa Rosa, CA; 1994. 

(c) Boundary. The Fountaingrove 

District viticultural area is located in 

Sonoma County, California. The 

boundary of the Fountaingrove District 

viticultural area is as described below: 

(1) The beginning point is on the 

Mark West Springs map at the 

intersection of the shared Sonoma-Napa 

County line with Petrified Forest Road, 

section 3, T8N/R7W. 

(2) From the beginning point, proceed 

southeasterly along the Sonoma-Napa 

County line, crossing onto the Calistoga 

map and then the Kenwood map, to the 

marked 2,530-peak of an unnamed 

mountain, section 9, T7N/R6W; then 

(3) Proceed west-southwest in a 

straight line to the marked 2,730-foot 

summit of Mt. Hood, section 8, T7N/

R6W; then 

(4) Proceed west-northwest in a 

straight line to the marked 1,542-foot 

summit of Buzzard Peak, section 11, 

T7N/R7W; then 

(5) Proceed west-southwest in a 

straight line, crossing onto the Santa 

Rosa map, to the intersection of State 

Highway 12 and Los Alamos Road; then 

(6) Proceed due north in a straight 

line to the southern boundary of section 

9, T7N/R7W; then 

(7) Proceed west-northwest along the 

southern boundaries of sections 9, 4, 

and 5, T7N/R7W, to the western 

boundary of the Los Guilicos Land 

Grant; then 

(8) Proceed west-southwest along the 

southern boundaries of sections 5, 6, 

and 7, T7N/R7W; then continue westsouthwest along the southern 

boundaries of sections 12 and 11, T7N/ 

R8W, to the point where the section 11 

boundary becomes concurrent with an 

unnamed light-duty road known locally 

as Lewis Road; and then continue westsouthwest along Lewis Road to the 

road’s intersection with Mendocino 

Avenue in Santa Rosa; then 

(9) Proceed north-northwesterly along 

Mendocino Avenue to the road’s 

intersection with an unnamed road 

known locally as Bicentennial Way; 

then 

(10) Proceed north in a straight line, 

crossing through the marked 906-foot 

elevation peak in section 35, T8N/R8W, 

and, crossing on to the Mark West 

Springs map, continue to the line’s 

intersection with Mark West Springs 

Road, section 26, T8N/R8W; then 

(11) Proceed northerly along Mark 

West Springs Road, which turns easterly 

and becomes Porter Creek Road, to the 

road’s intersection with Franz Valley 

Road, section 12, T8N/R8W; then 

(12) Proceed northeasterly along 

Franz Valley Road to the western 

boundary of section 6, T8N/R7W; then 

(13) Proceed south along the western 

boundary of section 6, T8N/R7W, to the 

southwest corner of section 6; then 

(14) Proceed east, then east-northeast 

along the southern boundaries of 

sections 6, 5, and 4, T8N/R7W, to the 

southeast corner of section 4; then 

(15) Proceed north along the eastern 

boundary of section 4, T8N/R7W, to the 

Sonoma-Napa County line; then 

(16) Proceed easterly along the 

Sonoma-Napa County line to the 

beginning point. 

Dated: January 15, 2015. 

Mary G. Ryan, 

Acting Administrator. 

Approved: January 21, 2015. 

Timothy E. Skud, 

Deputy Assistant Secretary (Tax, Trade, and 

Tariff Policy). 

[FR Doc. 2015–03371 Filed 2–17–15; 8:45 am] 

BILLING CODE 4810–31–P 

DEPARTMENT OF THE TREASURY 

Office of Foreign Assets Control 

31 CFR Part 538 

Sudanese Sanctions Regulations 

AGENCY: Office of Foreign Assets 

Control, Treasury. 

ACTION: Final rule. 

SUMMARY: The Department of the 

Treasury’s Office of Foreign Assets 

Control (OFAC) is adopting a final rule 

amending the Sudanese Sanctions 

Regulations (the ‘‘SSR’’) by adding a 

general license pertaining to certain 

software, hardware, and services 

incident to personal communications. 

OFAC is also making other technical 

and conforming changes. 

DATES: Effective: February 18, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Assistant Director for Licensing, tel.: 

202/622–2480, Assistant Director for 

Policy, tel.: 202/622–6746, Assistant 

Director for Regulatory Affairs, tel.: 202/ 

622–4855, Assistant Director for 

Sanctions Compliance & Evaluation, 

tel.: 202/622–2490, Office of Foreign 

Assets Control, or Chief Counsel 

(Foreign Assets Control), tel.: 202/622– 

2410, Office of the General Counsel, 

Department of the Treasury (not toll free 

numbers). 

SUPPLEMENTARY INFORMATION: 

Electronic and Facsimile Availability 

This document and additional 

information concerning OFAC are 

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8532 Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Rules and Regulations 

available from OFAC’s Web site 

(www.treasury.gov/ofac). Certain general 

information pertaining to OFAC’s 

sanctions programs also is available via 

facsimile through a 24-hour fax-ondemand service, tel.: 202/622–0077. 

Background 

OFAC today is amending the SSR, 31 

CFR part 538, primarily to issue a new 

general license pertaining to certain 

software, hardware, and services 

incident to personal communications. 

Transactions otherwise prohibited 

under the SSR but found to be 

consistent with U.S. policy may be 

authorized by one of the general 

licenses contained in subpart E of the 

SSR or by a specific license issued 

pursuant to the procedures described in 

subpart E of 31 CFR part 501. OFAC also 

is making other technical and 

conforming changes. 

On March 10, 2010, OFAC issued a 

general license that authorized the 

exportation from the United States or by 

U.S. persons, wherever located, to 

persons in Sudan (31 CFR 538.533) and 

Iran (31 CFR 560.540) of certain services 

and software 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. In order to qualify for that 

authorization, such services and 

software had to be publicly available 

(widely available to the public) at no 

cost to the user. In addition, such 

software qualified for this authorization 

only if it was (1) designated as ‘‘EAR99’’ 

under the Export Administration 

Regulations, 15 CFR parts 730 through 

774 (EAR); (2) not subject to the EAR; 

or (3) classified by the Department of 

Commerce as mass market software 

under export control classification 

number (ECCN) 5D992 of the EAR. 

These sections of the SSR and the 

Iranian Transactions and Sanctions 

Regulations did not authorize the direct 

or indirect exportation of services or 

software with knowledge or reason to 

know that such services or software are 

intended for the Government of Sudan 

or the Government of Iran. 

On May 30, 2013, to help facilitate the 

free flow of information in Iran and with 

Iranians, OFAC, in consultation with 

the Departments of State and 

Commerce, issued Iran General License 

D. General License D expanded upon 

the existing authorization in 31 CFR 

560.540 by authorizing the exportation 

to Iran of certain additional software, 

hardware, and services incident to 

personal communications. On February 

7, 2014, OFAC, in consultation with the 

Departments of State and Commerce, 

issued amended Iran General License 

D–1 (GL D–1). GL D–1 clarified certain 

aspects of General License D, and added 

certain new authorizations relating to 

the provision to Iran of certain 

hardware, software, and services 

incident to personal communications. 

Similar considerations apply in 

Sudan. Accordingly, in consultation 

with the Departments of State and 

Commerce, OFAC is expanding the 

scope of 31 CFR 538.533 consistent with 

the U.S. Government’s commitment to 

the advancement of the free flow of 

information and to facilitate 

communications by the Sudanese 

people, including during a national 

dialogue, and consistent with the Iran 

GL D–1 model. In view of its shared 

jurisdiction over certain export 

licensing authority with respect to 

Sudan, OFAC is issuing this amendment 

in coordination with the Department of 

Commerce, Bureau of Industry and 

Security (BIS). BIS concurrently is 

amending the EAR to, inter alia, revise 

the general licensing policy of denial to 

one of case-by-case licensing for exports 

and reexports to Sudan of 

telecommunications equipment and 

associated computers, software, and 

technology for civil end use, and to 

revise License Exception Consumer 

Communications Devices (CCD), which 

previously applied only to consumer 

communications devices to Cuba, to 

authorize exports and reexports of such 

devices to Sudan. 

OFAC is amending 31 CFR 538.533 in 

several ways. First, OFAC is removing a 

limitation in the existing general license 

at 31 CFR 538.533, which only 

authorizes certain no cost software and 

services incident to the exchange of 

personal communications. Section 

538.533 now also authorizes the 

exportation of certain fee-based software 

and services incident to the exchange of 

personal communications. See 31 CFR 

538.533(a)(1) & (2). To avoid confusion 

with respect to the term ‘‘publicly 

available’’ as described in 15 CFR 

734.3(b)(3), OFAC also is changing the 

terminology in § 538.533 from ‘‘publicly 

available’’ to ‘‘widely available to the 

public,’’ although the scope remains the 

same. 

Second, OFAC is expanding the 

authorization in § 538.533 to permit the 

exportation, reexportation, or provision, 

directly or indirectly, to Sudan of 

certain additional personal 

communications software, hardware, 

and related services subject to the EAR. 

See 31 CFR 538.533(a)(1), (2), & (3). The 

general license now authorizes, for 

example, a non-U.S. person located 

outside the United States to export 

certain hardware and software subject to 

the EAR to Sudan. For purposes of 

§ 538.533, the term ‘‘provision’’ 

includes, for example, an in-country 

transfer of covered software or 

hardware. 

Third, OFAC is adding new 

authorizations for the exportation, 

reexportation, or provision, directly or 

indirectly, by a U.S. person located 

outside the United States to Sudan of 

certain software and hardware not 

subject to the EAR. See § 538.533 

(a)(2)(ii), (a)(2)(iii), (a)(3)(ii), & (a)(3)(iii). 

The general license now authorizes, for 

example, a foreign branch of a U.S. 

company to export to Sudan, from a 

location outside the United States, 

certain hardware or software that is not 

subject to the EAR (including foreignorigin hardware or software containing 

less than a de minimis amount of U.S. 

controlled content). 

Fourth, a Note to paragraphs (a)(2) 

and (a)(3) has been added to clarify that 

the authorization in those paragraphs 

includes the exportation, reexportation, 

or provision, directly or indirectly, of 

the authorized items by an individual 

leaving the United States for Sudan. 

Section 538.533(a)(5) also adds a new 

authorization for the importation by an 

individual into the United States of 

certain hardware and software 

previously exported by the individual to 

Sudan pursuant to other provisions of 

31 CFR 538.533. The general license 

now authorizes, for example, an 

individual to carry a smartphone that 

falls within the scope of the 

authorization while traveling to and 

from Sudan. 

Finally, to further ensure that the 

sanctions on Sudan do not affect the 

willingness of companies to make 

available certain no cost personal 

communications tools to persons in that 

country, § 538.533(a)(6) adds a new 

authorization that covers the 

exportation, reexportation, or provision 

to the Government of Sudan of certain 

no cost services and software that are 

widely available to the public. 

OFAC also has made additional 

technical and conforming changes in 

§ 538.212(c)(3), § 538.411, § 538.501, 

and § 538.512. Notwithstanding these 

changes, nothing in this general license 

relieves an exporter from compliance 

with the export license requirements of 

another Federal agency. 

Public Participation 

Because the Regulations involve a 

foreign affairs function, the provisions 

of Executive Order 12866 and the 

Administrative Procedure Act (5 U.S.C. 

553) requiring notice of proposed 

rulemaking, opportunity for public 

participation, and delay in effective date 

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Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Rules and Regulations 8533 

are inapplicable. Because no notice of 

proposed rulemaking is required for this 

rule, the Regulatory Flexibility Act (5 

U.S.C. 601–612) does not apply. 

Paperwork Reduction Act 

The collections of information related 

to the Regulations are contained in 31 

CFR part 501 (the ‘‘Reporting, 

Procedures and Penalties Regulations’’). 

Pursuant to the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3507), those 

collections of information have been 

approved by the Office of Management 

and Budget under control number 1505– 

0164. An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless the collection of information 

displays a valid control number. 

List of Subjects in 31 CFR Part 538 

Administrative practice and 

procedure, Banks, Banking, Blocking of 

assets, Credit, Investments, Penalties, 

Reporting and recordkeeping 

requirements, Securities, Services, 

Sudan. 

For the reasons set forth in the 

preamble, the Department of the 

Treasury’s Office of Foreign Assets 

Control amends 31 CFR chapter V as 

follows: 

PART 538—SUDANESE SANCTIONS 

REGULATIONS 

■ 1. The authority citation for part 538 

continues to read as follows: 

Authority: 3 U.S.C. 301; 18 U.S.C. 2339B, 

2332d; 31 U.S.C. 321(b); 50 U.S.C. 1601– 

1651, 1701–1706; Pub. L. 101–410, 104 Stat. 

890 (28 U.S.C. 2461 note); 22 U.S.C. 7201– 

7211; Pub. L. 109–344, 120 Stat. 1869; Pub. 

L. 110–96, 121 Stat. 1011 (50 U.S.C. 1705 

note); E.O. 13067, 62 FR 59989, 3 CFR, 1997 

Comp., p. 230; E.O. 13412, 71 FR 61369, 3 

CFR, 2006 Comp., p. 244. 

■ 2. Amend § 538.212 by revising 

paragraph (c)(3) and adding Note to 

paragraph (c)(3) to read as follows: 

§ 538.212 Exempt transactions. 

* * * * * 

(c) * * * 

(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 Sudan are 

prohibited. 

Note to paragraph (c)(3): See § 538.533 for 

a general license authorizing the exportation 

to Sudan of certain services, software, and 

hardware incident to the exchange of 

personal communications. 

* * * * * 

■ 3. Revise § 538.411 to read as follows: 

§ 538.411 Exports to third countries; 

transshipments. 

Exportation of goods or technology 

(including technical data, software, 

information not exempted from the 

prohibition of this part pursuant to 

§ 538.211, or technical assistance) from 

the United States to third countries is 

prohibited if the exporter knows, or has 

reason to know, that the goods or 

technology are intended for 

transshipment to Sudan (including 

passage through, or storage in, 

intermediate destinations). The 

exportation of goods or technology 

intended specifically for incorporation 

or substantial transformation into a 

third-country product is also prohibited 

if the particular product is to be used in 

Sudan, is being specifically 

manufactured to fill a Sudanese order, 

or if the manufacturer’s sales of the 

particular product are predominantly to 

Sudan. 

Note to § 538.411: See § 538.533 for a 

general license authorizing the exportation to 

persons of certain services, software, and 

hardware incident to the exchange of 

personal communications. 

■ 4. Revise § 538.501 to read as follows: 

§ 538.501 Effect of license or 

authorization. 

(a) No license or other authorization 

contained in this part, or otherwise 

issued by the Office of Foreign Assets 

Control (OFAC), authorizes or validates 

any transaction effected prior to the 

issuance of such license or other 

authorization, unless specifically 

provided in such license or 

authorization. 

(b) No regulation, ruling, instruction, 

or license authorizes any transaction 

prohibited under this part unless the 

regulation, ruling, instruction, or license 

is issued by OFAC and specifically 

refers to this part. No regulation, ruling, 

instruction, or license referring to this 

part shall be deemed to authorize any 

transaction prohibited by any other part 

of this chapter unless the regulation, 

ruling, instruction, or license 

specifically refers to such part. 

(c) Any regulation, ruling, instruction, 

or license authorizing any transaction 

otherwise prohibited under this part has 

the effect of removing a prohibition 

contained in this part from the 

transaction, but only to the extent 

specifically stated by its terms. Unless 

the regulation, ruling, instruction, or 

license otherwise specifies, such an 

authorization does not create any right, 

duty, obligation, claim, or interest in, or 

with respect to, any property which 

would not otherwise exist under 

ordinary principles of law. 

(d) Nothing contained in this part 

shall be construed to supersede the 

requirements established under any 

other provision of law or to relieve a 

person from any requirement to obtain 

a license or other authorization from 

another department or agency of the 

U.S. Government in compliance with 

applicable laws and regulations subject 

to the jurisdiction of that department or 

agency. For example, exports of goods, 

services, or technical data that are not 

prohibited by this part or that do not 

require a license by OFAC nevertheless 

may require authorization by the U.S. 

Department of Commerce, the U.S. 

Department of State, or other agencies of 

the U.S. Government. 

(e) No license or other authorization 

contained in or issued pursuant to this 

part authorizes transfers of or payments 

from blocked property or debits to 

blocked accounts unless the license or 

other authorization explicitly authorizes 

the transfer of or payment from blocked 

property or the debit to a blocked 

account. 

(f) Any payment relating to a 

transaction authorized in or pursuant to 

this part that is routed through the U.S. 

financial system should reference the 

relevant OFAC general or specific 

license authorizing the payment to 

avoid the blocking or rejection of the 

transfer. 

■ 5. Revise § 538.512 to read as follows: 

§ 538.512 Transactions related to 

telecommunications and mail authorized. 

(a)(1) Except as provided in paragraph 

(a)(2) of this section, all transactions 

with respect to the receipt and 

transmission of telecommunications 

involving Sudan are authorized, 

provided that no payment pursuant to 

this section may involve any debit to a 

blocked account of the Government of 

Sudan on the books of a U.S. financial 

institution. 

(2) This section does not authorize: 

(i) The provision, sale, or lease of 

telecommunications equipment or 

technology; or 

(ii) The provision, sale, or lease of 

capacity on telecommunications 

transmission facilities (such as satellite 

or terrestrial network connectivity). 

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8534 Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Rules and Regulations 

(b) All transactions of common 

carriers incident to the receipt or 

transmission of mail and packages 

between the United States and Sudan 

are authorized, provided that the 

importation or exportation of such mail 

and packages is exempt from or 

authorized pursuant to this part. 

Note to § 538.512: See § 538.533 for a 

general license authorizing the exportation to 

Sudan of certain services, software, and 

hardware incident to the exchange of 

personal communications. 

§ 538.513 [Removed and Reserved] 

■ 6. Remove and reserve § 538.513. 

■ 7. Revise § 538.533 to read as follows: 

§ 538.533 Exportation, reexportation, or 

provision of certain services, software, and 

hardware incident to personal 

communications. 

(a) Subject to the restrictions set forth 

in paragraph (b) of this section, the 

following transactions are authorized: 

(1) Services. The exportation or 

reexportation, directly or indirectly, 

from the United States or by a U.S. 

person, wherever located, to Sudan 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. 

(2) Software— (i) Software subject to 

the EAR. The exportation, reexportation, 

or provision, directly or indirectly, to 

Sudan of software subject to the Export 

Administration Regulations, 15 CFR 

parts 730 through 774 (the ‘‘EAR’’), that 

is necessary to enable 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, 

provided that such software is 

designated EAR99 or classified by the 

U.S. Department of Commerce on the 

Commerce Control List, 15 CFR part 

774, supplement No. 1 (CCL), under 

export control classification number 

(ECCN) 5D992.c. 

(ii) Software that is not subject to the 

EAR because it is of foreign origin and 

is located outside the United States. The 

exportation, reexportation, or provision, 

directly or indirectly, by a U.S. person, 

wherever located, to Sudan of software 

that is not subject to the EAR because 

it is of foreign origin and is located 

outside the United States that is 

necessary to enable 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, 

provided that such software would be 

designated EAR99 if it were located in 

the United States or would meet the 

criteria for classification under ECCN 

5D992.c if it were subject to the EAR. 

(iii) Software that is not subject to the 

EAR because it is described in 15 CFR 

734.3(b)(3). The exportation, 

reexportation, or provision, directly or 

indirectly, by a U.S. person, wherever 

located, to Sudan of software that is not 

subject to the EAR because it is 

described in 15 CFR 734.3(b)(3) that is 

necessary to enable 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. 

(3) Additional software, hardware, 

and related services. To the extent not 

authorized by paragraph (a)(1) or (a)(2) 

of this section, the exportation, 

reexportation, or provision, directly or 

indirectly, to Sudan of certain software 

and hardware incident to personal 

communications, as well as related 

services, as follows: 

(i) In the case of hardware and 

software subject to the EAR, the items 

specified in Appendix B to this part; 

(ii) In the case of hardware and 

software that is not subject to the EAR 

because it is of foreign origin and is 

located outside the United States that is 

exported, reexported, or provided, 

directly or indirectly, by a U.S. person, 

wherever located, to Sudan, hardware 

and software that is of a type described 

in Appendix B to this part provided that 

it would be designated EAR99 if it were 

located in the United States or would 

meet the criteria for classification under 

the relevant ECCN specified in 

Appendix B to this part if it were 

subject to the EAR; and 

(iii) in the case of software not subject 

to the EAR because it is described in 15 

CFR 734.3(b)(3) that is exported, 

reexported, or provided, directly or 

indirectly, from the United States or by 

a U.S. person, wherever located, to 

Sudan, software that is of a type 

described in the Appendix B to this 

part. 

Note to paragraphs (a)(2) and (a)(3): The 

authorizations in paragraphs (a)(2) and (a)(3) 

of this section include the exportation, 

reexportation, or provision, directly or 

indirectly, to Sudan of authorized hardware 

and software by an individual leaving the 

United States for Sudan. 

(4) Internet connectivity services and 

telecommunications capacity. The 

exportation or reexportation, directly or 

indirectly, from the United States or by 

a U.S. person, wherever located, to 

Sudan of consumer-grade Internet 

connectivity services and the provision, 

sale, or leasing of capacity on 

telecommunications transmission 

facilities (such as satellite or terrestrial 

network connectivity) incident to 

personal communications. 

Note to paragraph (a)(4): See § 538.512 for 

authorizations relating to transactions with 

respect to the receipt and transmission of 

telecommunications involving Sudan. 

(5) Importation into the United States 

of hardware and software previously 

exported to Sudan. The importation into 

the United States of hardware and 

software authorized for exportation, 

reexportation, or provision to Sudan 

under paragraphs (a)(2) and (a)(3) of this 

section by an individual entering the 

United States, directly or indirectly, 

from Sudan, provided that the items 

previously were exported, reexported, 

or provided by the individual to Sudan 

pursuant to paragraphs (a)(2) and (a)(3) 

of this section. 

(6) Exportation, reexportation, or 

provision of no cost services and 

software that are widely available to the 

public to the Government of Sudan.—(i) 

Services. The exportation or 

reexportation, directly or indirectly, 

from the United States or by a U.S. 

person, wherever located, to the 

Government of Sudan of services 

described in paragraph (a)(1) of this 

section or categories (6) through (11) of 

Appendix B to this part, provided that 

such services are widely available to the 

public at no cost to the user. 

(ii) Software. The exportation, 

reexportation, or provision, directly or 

indirectly, to the Government of Sudan 

of software described in paragraph (a)(2) 

of this section or categories (6) through 

(11) of Appendix B to this part, read in 

conjunction with paragraph (a)(3) of this 

section, provided that such software is 

widely available to the public at no cost 

to the user. 

Note to paragraph (a): Nothing in this 

section relieves the exporter from compliance 

with the export license application 

requirements of another Federal agency. 

(b) This section does not authorize: 

(1) The exportation, reexportation, or 

provision, directly or indirectly, of the 

services, software, or hardware specified 

in paragraph (a) of this section with 

knowledge or reason to know that such 

services, software, or hardware are 

intended for the Government of Sudan, 

except for services or software specified 

in paragraph (a)(6) of this section. 

(2) The exportation, reexportation, or 

provision, directly or indirectly, of the 

services, software, or hardware specified 

in paragraph (a) of this section to any 

person whose property and interests in 

property are blocked pursuant to any 

part of 31 CFR chapter V, other than 

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Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Rules and Regulations 8535 

persons whose property and interests in 

property are blocked solely pursuant to 

Executive Order 13067 and Executive 

Order 13412 as the Government of 

Sudan. 

(3) The exportation or reexportation, 

directly or indirectly, of commercialgrade Internet connectivity services or 

telecommunications transmission 

facilities (such as dedicated satellite 

links or dedicated lines that include 

quality of service guarantees). 

(4) The exportation or reexportation, 

directly or indirectly, of web-hosting 

services that are for commercial 

endeavors or of domain name 

registration services. 

(5) Any action or activity involving 

any item (including information) subject 

to the EAR that is prohibited by, or 

otherwise requires a license under, part 

744 of the EAR or participation in any 

transaction involving a person whose 

export privileges have been denied 

pursuant to part 764 or 766 of the EAR, 

without authorization from the 

Department of Commerce. 

(c) Effective February 18, 2015, 

transfers of funds from Sudan or for or 

on behalf of a person in Sudan in 

furtherance of an underlying transaction 

authorized by paragraph (a) of this 

section may be processed by U.S. 

depository institutions and U.S. 

registered brokers or dealers in 

securities so long as they are consistent 

with §§ 538.405 and 538.418. 

(d) Specific licenses may be issued on 

a case-by-case basis for the exportation, 

reexportation, or provision of services, 

software, or hardware incident to 

personal communications not specified 

in paragraph (a) of this section or 

Appendix B to this part. 

Note 1 to § 538.533: This section does not 

authorize any transaction prohibited by any 

part of chapter V of 31 CFR other than part 

538. Accordingly, the transfer of funds may 

not be by, to, or through a person whose 

property and interests in property are 

blocked pursuant to any other part of 31 CFR 

chapter V, or any Executive order, except a 

Sudanese financial institution whose 

property and interests in property are 

blocked solely pursuant to 31 CFR part 538. 

Note 2 to § 538.533: See § 538.212(g)(1) for 

an exemption related to the exportation of 

certain goods and services to the Specified 

Areas of Sudan, and § 538.537 for a general 

license authorizing the transshipment of 

goods, technology, and services to or from 

the Republic of South Sudan. 

■ 8. Add Appendix B to part 538 to read 

as follows: 

Appendix B to Part 538 

Appendix B—Services, Software, and 

Hardware Incident to Personal 

Communications Authorized for 

Exportation, Reexportation, or Provision to 

Sudan by Paragraph (a)(3) of § 538.533 

Note: See paragraphs (a)(3)(ii)–(iii) of 

§ 538.533 for authorizations related to certain 

hardware and software that is of a type 

described below but that is not subject to the 

EAR. 

1. Mobile phones (including smartphones), Personal Digital Assistants (PDAs), Subscriber Identity Module/Subscriber Information Module (SIM) 

cards, and accessories for such devices designated EAR99 or classified on the CCL under ECCN 5A992.c; drivers and connectivity software 

for such hardware designated EAR99 or classified under ECCN 5D992.c; and services necessary for the operation of such hardware and 

software. 

2. Satellite phones and Broadband Global Area Network (BGAN) hardware designated EAR99 or classified under ECCN 5A992.c; demand drivers and connectivity software for such hardware designated EAR99 or classified under ECCN 5D992.c; and services necessary for the operation of such hardware and software. 

3. Consumer* modems, network interface cards, radio equipment (including antennae), routers, switches, and WiFi access points, designed for 

50 or fewer concurrent users, designated EAR99 or classified under ECCNs 5A992.c, 5A991.b.2, or 5A991.b.4; drivers, communications, and 

connectivity software for such hardware designated EAR99 or classified under ECCN 5D992.c; and services necessary for the operation of 

such hardware and software. 

4. Residential consumer* satellite terminals, transceiver equipment (including to antennae, receivers, set-top boxes and video decoders) designated EAR99 or classified under ECCNs 5A992.c, 5A991.b.2, or 5A991.b.4; drivers, communications, and connectivity software for such 

hardware designated EAR99 or classified under ECCN 5D992.c; and services necessary for the operation of such hardware and software. 

5. Laptops, tablets, and personal computing devices, and peripherals for such devices (including consumer* disk drives and other data storage 

devices) and accessories for such devices (including keyboards and mice) designated EAR99 or classified on the CCL under ECCNs 

5A992.c, 5A991.b.2, 5A991.b.4, or 4A994.b; computer operating systems and software required for effective consumer use of such hardware, 

including software updates and patches, designated EAR99 or classified under ECCN 5D992.c; and services necessary for the operation of 

such hardware and software. 

6. Anti-virus and anti-malware software designated EAR99 or classified under ECCN 5D992.c; and services necessary for the operation of such 

software. 

7. Anti-tracking software designated EAR99 or classified under ECCN 5D992.c; and services necessary for the operation of such software. 

8. Mobile operating systems, online application for mobile operating systems (app) stores, and related software, including apps designed to run 

on mobile operating systems, designated EAR99 or classified under ECCN 5D992.c; and services necessary for the operation of such software. 

9. Anti-censorship tools and related software designated EAR99 or classified under ECCN 5D992.c; and services necessary for the operation of 

such software. 

10. Virtual Private Network (VPN) client software, proxy tools, and fee-based client personal communications tools including voice, text, video, 

voice-over-IP telephony, video chat, and successor technologies, and communications and connectivity software required for effective consumer use designated EAR99 or classified under ECCN 5D992.c; and services necessary for the operation of such software. 

11. Provisioning and verification software for Secure Sockets Layers (SSL) certificates designated EAR99 or classified under ECCN 5D992.c; 

and services necessary for the operation of such software. 

*For purposes of this Appendix, the term ‘‘consumer’’ refers to items that are: (1) generally available to the public by being sold, without restriction, from stock at retail selling points by means of any of the following: (a) over-the-counter transactions; (b) mail order transactions; (c) 

electronic transactions; or (d) telephone call transactions; and (2) designed for installation by the user without further substantial support by the 

supplier. 

Dated: February 10, 2015. 

John E. Smith, 

Acting Director, Office of Foreign Assets 

Control. 

[FR Doc. 2015–03330 Filed 2–17–15; 8:45 am] 

BILLING CODE 4810–AL–P 

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