[Federal Register Volume 79, Number 236 (Tuesday, December 9, 2014)]
[Notices]
[Pages 73141-73146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28805]


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DEPARTMENT OF THE TREASURY

Office of Foreign Assets Control


Publication of Guidance Relating to the Provision of Certain 
Temporary Sanctions Relief, as Extended Through June 30, 2015

AGENCY: Office of Foreign Assets Control, Treasury.

ACTION: Notice, publication of guidance.

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SUMMARY: The Department of the Treasury's Office of Foreign Assets 
Control (OFAC) is publishing Guidance

[[Page 73142]]

Relating to the Provision of Certain Temporary Sanctions Relief in 
Order to Implement the Joint Plan Of Action (JPOA) Reached on November 
24, 2014, between the P5+1 and the Islamic Republic of Iran, as 
Extended Through June 30, 2015 (Guidance).

DATES: Effective Date: November 25, 2014.

FOR FURTHER INFORMATION CONTACT: Assistant Director for Licensing, 
tel.: 202/622-2480, Assistant Director for Policy, tel.: 202/622-2402, 
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

    The text of the Guidance and additional information concerning OFAC 
are 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-on-demand service, tel.: 
202/622-0077.

Background

    On November 24, 2013, the United States and its partners in the 
P5+1 (China, France, Germany, Russia, the United Kingdom, and the 
United States, coordinated by the European Union's High Representative) 
reached an initial understanding with Iran, outlined in the JPOA, that 
halts progress on Iran's nuclear program and rolls it back in key 
respects. In return for Iran's commitment to place meaningful limits on 
its nuclear program, the P5+1 committed to provide Iran with limited, 
targeted, and reversible sanctions relief for a six-month period, 
renewable by mutual consent. In furtherance of the United States 
Government's (USG's) commitments under the JPOA, the U.S. Department of 
State and the U.S. Department of the Treasury implemented sanctions 
relief relating to certain activities and associated services taking 
place exclusively during the six-month period beginning on January 20, 
2014, and ending July 20, 2014.
    The JPOA was renewed by mutual consent of the P5+1 and Iran on July 
19, 2014, and November 24, 2014, extending the temporary sanctions 
relief provided under the JPOA to allow the P5+1 to continue to 
negotiate a long-term comprehensive solution to ensure that Iran's 
nuclear program will be exclusively peaceful. During the period 
beginning on January 20, 2014, and ending on June 30, 2015 (JPOA Relief 
Period), the sanctions relief the USG committed to during the JPOA will 
be implemented as set out in the Guidance. The USG retains the 
authority to revoke this limited sanctions relief at any time if Iran 
fails to meet its commitments under the JPOA.
    The Department of State and the Department of the Treasury jointly 
issued the Guidance on November 25, 2014. At the time of its issuance 
on November 25, 2014, OFAC made the Guidance available on the OFAC Web 
site: www.treasury.gov/ofac and the Department of State made the 
Guidance available on its Web site: www.state.gov. With this notice, 
OFAC is publishing the Guidance in the Federal Register.

Guidance

U.S. DEPARTMENT OF THE TREASURY

U.S. DEPARTMENT OF STATE

GUIDANCE RELATING TO THE PROVISION OF CERTAIN TEMPORARY SANCTIONS 
RELIEF IN ORDER TO IMPLEMENT THE JOINT PLAN OF ACTION REACHED ON 
NOVEMBER 24, 2013, BETWEEN THE P5 + 1 AND THE ISLAMIC REPUBLIC OF IRAN, 
AS EXTENDED THROUGH JUNE 30, 2015

    On November 24, 2013, the United States and its partners in the P5 
+ 1 (China, France, Germany, Russia, the United Kingdom, and the United 
States, coordinated by the European Union's High Representative) 
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. In return for Iran's commitment to place 
meaningful limits on its nuclear program, the P5+1 committed to provide 
Iran with limited, targeted, and reversible sanctions relief. In 
furtherance of the U.S. Government's (USG) commitments under the JPOA, 
the U.S. Department of State and the U.S. Department of the Treasury 
implemented sanctions relief relating to certain activities and 
associated services taking place exclusively during the six-month 
period beginning on January 20, 2014, and ending July 20, 2014.
    The JPOA was renewed by mutual consent of the P5 + 1 and Iran on 
July 19, 2014, and November 24, 2014, extending the temporary sanctions 
relief provided under the JPOA to allow the P5+1 and Iran to continue 
to negotiate a long-term comprehensive solution to ensure that Iran's 
nuclear program will be exclusively peaceful. During the period 
beginning on January 20, 2014, and ending on June 30, 2015 (JPOA Relief 
Period), the sanctions relief the USG committed to during the JPOA will 
be implemented as set out below. The USG retains the authority to 
revoke this limited sanctions relief at any time if Iran fails to meet 
its commitments under the JPOA.
    For purposes of the JPOA sanctions relief, the USG interprets the 
term ``associated service'' to mean any necessary service--including 
any insurance, transportation, or financial service--ordinarily 
incident to the underlying activity covered by the JPOA, provided, 
however, that unless otherwise noted, such services may not involve 
persons identified on the Department of the Treasury's Office of 
Foreign Assets Control's (OFAC) List of Specially Designated Nationals 
and Blocked Persons (SDN List).\1\
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    \1\ Insurance payments for claims arising from incidents that 
occur during the JPOA Relief Period may be paid after June 30, 2015, 
so long as the underlying transactions and activities conform to all 
others aspects of the sanctions remaining in place and the terms of 
the sanctions relief provided by the JPOA. Insurance and reinsurance 
companies should contact the USG directly with any inquiries. U.S. 
persons and U.S.-owned or -controlled foreign entities remain 
prohibited from participating in the provision of insurance or 
reinsurance services to or for the benefit of Iran or sanctioned 
entities, including with respect to all elements of the sanctions 
relief provided pursuant to the JPOA, unless specifically authorized 
by OFAC.
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    The USG retains the authority to continue imposing sanctions under 
the authorities identified below during the JPOA Relief Period for 
activities that occurred prior to January 20, 2014. Moreover, the USG 
retains the authority to impose sanctions under the authorities 
outlined below for activities occurring during the JPOA Relief Period 
to the extent such activities are materially inconsistent with 
sanctions relief described in the JPOA and outlined in this guidance. 
The USG also retains the authority to continue imposing sanctions 
during the JPOA Relief Period for activities occurring before and 
during the JPOA Relief Period under other authorities, such as those 
used to combat terrorism and the proliferation of weapons of mass 
destruction. During the JPOA Relief Period, the USG will continue to 
vigorously enforce our sanctions against Iran, including by taking 
action against those who seek to evade or circumvent our sanctions.
    Please note that, with the exception of civil aviation activities 
described in section IV and the humanitarian channel described in 
section VI below, none of the sanctions relief outlined in this 
guidance may involve a U.S. person, or, as applicable, a foreign entity

[[Page 73143]]

owned or controlled by a U.S. person,\2\ if otherwise prohibited under 
any sanctions program administered by the USG.
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    \2\ Consistent with section 218 of the Iran Threat Reduction and 
Syria Human Rights Act of 2012 and with section 560.215 of the 
Iranian Transactions and Sanctions Regulations, 31 CFR part 560 
(ITSR), foreign entities that are owned or controlled by U.S. 
persons (``U.S.-owned or -controlled foreign entities'') are subject 
to the ITSR.
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I. Sanctions Related to Iran's Export of Petrochemical Products

    The JPOA provides for the temporary suspension of U.S. sanctions on 
``Iran's petrochemical exports, as well as sanctions on any associated 
services.'' To implement this provision of the JPOA during the JPOA 
Relief Period, the USG will take the following steps to allow for the 
export of petrochemical products from Iran, as well as associated 
services, by non-U.S. persons not otherwise subject to section 560.215 
of the Iranian Transactions and Sanctions Regulations, 31 CFR part 560 
(ITSR), (hereinafter ``non-U.S. persons not otherwise subject to the 
ITSR''):
    1. Correspondent or Payable-Through Account Sanctions: The USG will 
not impose correspondent or payable-through account sanctions under 
section 1(a)(iii) of Executive Order (E.O.) 13622 (as amended by 
section 16(b) of E.O. 13645); section 3(a)(i) of E.O. 13645; and 
sections 561.204(a) and 561.204(b)(3) of the Iranian Financial 
Sanctions Regulations, 31 CFR part 561 (IFSR), on foreign financial 
institutions that conduct or facilitate transactions that are initiated 
and completed entirely within the JPOA Relief Period by non-U.S. 
persons not otherwise subject to the ITSR for exports of petrochemical 
products \3\ from Iran that are initiated and completed entirely within 
the JPOA Relief Period, including transactions involving the 
petrochemical companies listed in the Annex to this guidance, provided 
that the transactions do not involve persons on the SDN List other than 
the petrochemical companies listed in the Annex to this guidance or any 
Iranian depository institutions \4\ listed solely pursuant to E.O. 
13599.
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    \3\ For purposes of this guidance, the USG is interpreting the 
term ``petrochemicals,'' as used in the JPOA, as having the meaning 
given to the term ``petrochemical products'' in, inter alia, section 
10(m) of E.O. 13622; therefore, the term includes any aromatic, 
olefin, and synthesis gas, and any of their derivatives, including 
ethylene, propylene, butadiene, benzene, toluene, xylene, ammonia, 
methanol, and urea. For further information on what products are 
considered to fall within this definition of ``petrochemical 
products'' see the November 13, 2012 State Department Sanctions 
Information and Guidance, 77 FR 67726-67731.
    \4\ For purposes of this guidance, as defined in section 14(g) 
of E.O. 13645, the term ``Iranian depository institution'' means any 
entity (including foreign branches), wherever located, organized 
under the laws of Iran or any jurisdiction within Iran, or owned or 
controlled by the Government of Iran, or in Iran, or owned or 
controlled by any of the foregoing, that is engaged primarily in the 
business of banking (for example, banks, savings banks, savings 
associations, credit unions, trust companies, and bank holding 
companies).
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    2. Blocking Sanctions: The USG will not impose blocking sanctions 
under section 2(a)(i)-(ii) of E.O. 13645 with respect to persons that, 
exclusively during the JPOA Relief Period, materially assist, sponsor, 
or provide financial, material, or technological support for, or goods 
or services to or in support of, the petrochemical companies listed in 
the Annex to this guidance for exports of petrochemical products from 
Iran that are initiated and completed entirely within the JPOA Relief 
Period, provided that the activities do not involve persons on the SDN 
List other than the petrochemical companies listed in the Annex to this 
guidance or any Iranian depository institutions listed solely pursuant 
to E.O. 13599.
    3. Menu-based Sanctions: \5\ The USG will not impose sanctions 
under section 2(a)(ii) of E.O. 13622 (as amended by section 16(d) of 
E.O. 13645) on non-U.S. persons not otherwise subject to the ITSR who 
engage in transactions exclusively during the JPOA Relief Period for 
exports of petrochemical products from Iran that are initiated and 
completed entirely within the JPOA Relief Period, including 
transactions involving the petrochemical companies listed in the Annex 
to this guidance, provided that the activities do not involve persons 
on the SDN List other than the petrochemical companies listed in the 
Annex to this guidance or any Iranian depository institutions listed 
solely pursuant to E.O. 13599.
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    \5\ E.O. 13622 and 13645, among others, describe menus of 
sanctions that the USG may impose in response to certain conduct 
specified within other sections of the relevant E.O. For the 
purposes of this guidance, such sanctions are termed ``Menu-based 
Sanctions.''
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    In addition, please see section VII below, which describes the 
exercise of certain waiver authorities relevant to the activities and 
transactions described in this section.

II. Sanctions Related to Iran's Auto Industry

    The JPOA provides for the temporary suspension of U.S. sanctions on 
``Iran's auto industry, as well as sanctions on associated services.'' 
To implement this provision during the JPOA Relief Period, the USG will 
take the following steps to allow for the sale, supply, or transfer to 
Iran of significant goods or services used in connection with the 
automotive sector of Iran, as well as the provision of associated 
services by non-U.S. persons not otherwise subject to the ITSR:
    1. Correspondent or Payable-through Account Sanctions: The USG will 
not impose correspondent or payable-through account sanctions under 
section 3(a)(ii) of E.O. 13645 with respect to foreign financial 
institutions that, exclusively during the JPOA Relief Period, knowingly 
conduct or facilitate financial transactions for the sale, supply, or 
transfer to Iran of significant goods or services used in connection 
with the automotive sector of Iran that are initiated and completed 
entirely within the JPOA Relief Period, provided that the transactions 
do not involve persons on the SDN List other than any Iranian 
depository institutions listed solely pursuant to E.O. 13599.
    2. Menu-based Sanctions: The USG will not impose sanctions 
described in sections 6 and 7 of E.O. 13645 with respect to persons 
that, as described in section 5(a) of E.O. 13645, knowingly engage in 
transactions for the sale, supply, or transfer to Iran of significant 
goods or services used in connection with the automotive sector of Iran 
that are initiated and completed entirely within the JPOA Relief 
Period, provided that the transactions do not involve persons on the 
SDN List other than any Iranian depository institutions listed solely 
pursuant to E.O. 13599.
    In addition, please see section VII below, which describes the 
exercise of certain waiver authorities relevant to the activities and 
transactions described in this section.

III. Sanctions Related to Gold and Other Precious Metals

    The JPOA provides for the temporary suspension of U.S. sanctions on 
``gold and precious metals, as well as sanctions on associated 
services.'' To implement this provision of the JPOA during the JPOA 
Relief Period, the USG will take the following steps to allow for the 
sale of gold and other precious metals to or from Iran, as well as the 
provision of associated services, by non-U.S. persons not otherwise 
subject to the ITSR:
    1. Correspondent or Payable-through Account Sanctions: The USG will 
not impose correspondent or payable-through account sanctions under 
section 3(a)(i) of E.O. 13645 with respect to foreign financial 
institutions that, exclusively during the JPOA Relief Period, conduct 
or facilitate transactions by non-U.S. persons not otherwise subject to 
the ITSR for the purchase or acquisition of precious metals to or from 
Iran that are initiated and completed

[[Page 73144]]

entirely within the JPOA Relief Period, provided that the funds for 
these purchases of gold and other precious metals may not be drawn from 
Restricted Funds,\6\ and further provided that the transactions do not 
involve persons on the SDN List other than any political subdivision, 
agency, or instrumentality of the Government of Iran listed solely 
pursuant to E.O. 13599 or any Iranian depository institutions listed 
solely pursuant to E.O. 13599.
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    \6\ For the purposes of this guidance, the term ``Restricted 
Funds'' refers to: (i) any existing and future revenues from the 
sale of Iranian petroleum or petroleum products, wherever they may 
be held, and (ii) any Central Bank of Iran (CBI) funds, with certain 
exceptions for non-petroleum CBI funds held at a foreign country's 
central bank.
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    2. Blocking Sanctions: The USG will not impose blocking sanctions 
under section 5(a) of E.O. 13622; sections 2(a)(i)-(ii) of E.O. 13645; 
and section 560.211(c)(2) of the ITSR, with respect to persons that, 
exclusively during the JPOA Relief Period, materially assist, sponsor, 
or provide financial, material, or technological support for, or goods 
or services in support of, the purchase or acquisition of precious 
metals to or from Iran or by the Government of Iran if such activities 
are initiated and completed entirely within the JPOA Relief Period, 
provided that the funds for these purchases of gold and other precious 
metals are not drawn from Restricted Funds, and further provided that 
the transactions do not involve persons on the SDN List other than any 
political subdivision, agency, or instrumentality of the Government of 
Iran listed solely pursuant to E.O. 13599 or any Iranian depository 
institutions listed solely pursuant to E.O. 13599.
    In addition, please see section VII below, which describes the 
exercise of certain waiver authorities relevant to the activities and 
transactions described in this section.

IV. Sanctions Related to Civil Aviation

    The JPOA provides for the temporary licensing of ``the supply and 
installation in Iran of spare parts for safety of flight for Iranian 
civil aviation and associated services. License safety related 
inspections and repairs in Iran as well as associated services.'' To 
implement this provision during the JPOA Relief Period, the USG will 
take the following steps:
    1. Statement of Licensing Policy: OFAC is issuing a Second Amended 
Statement of Licensing Policy on Activities Related to the Safety of 
Iran's Civil Aviation Industry (Second Amended SLP) to extend the date 
of the previously-issued statements of licensing policy to the end of 
the JPOA Relief Period. The Second Amended SLP will continue, during 
the period beginning on November 25, 2014 and ending on June 30, 2015, 
a favorable licensing policy regime under which U.S. persons, U.S.-
owned or -controlled foreign entities, and non-U.S. persons involved in 
the export of U.S.-origin goods can request specific authorization from 
OFAC to engage in transactions that are initiated and completed 
entirely within the JPOA Relief Period to ensure the safe operation of 
Iranian commercial passenger aircraft, including transactions involving 
Iran Air.
    2. Correspondent or Payable-through Account Sanctions: The USG will 
not impose correspondent or payable-through account sanctions under 
section 3(a)(i) of E.O. 13645 and section 561.201(a)(5)(ii) of the IFSR 
on foreign financial institutions that, exclusively during the JPOA 
Relief Period, conduct or facilitate financial transactions relating to 
the type of activities covered by the Second Amended SLP that are 
conducted on behalf of non-U.S. persons not otherwise subject to the 
ITSR, provided such activities are initiated and completed entirely 
within the JPOA Relief Period, and further provided that the 
transactions do not involve persons on the SDN List other than Iran Air 
or any Iranian depository institutions listed solely pursuant to E.O. 
13599.
    3. Blocking Sanctions: The USG will not impose blocking sanctions 
under section 1(a)(iii) of E.O. 13382; sections 2(a)(i)-(ii) of E.O. 
13645; and section 544.201(a)(3) of the Weapons of the Mass Destruction 
Proliferators Sanctions Regulations, 31 CFR part 544 (WMDPSR), with 
respect to persons that, exclusively during the JPOA Relief Period, 
materially assist, sponsor, or provide financial, material, or 
technological support for, or goods or services to or in support of, 
Iran Air in connection with activities intended to ensure the safe 
operation of Iranian commercial passenger aircraft, provided such 
activities are outlined in the JPOA and are initiated and completed 
entirely within the JPOA Relief Period and do not involve persons on 
the SDN List other than Iran Air or any Iranian depository institutions 
listed solely pursuant to E.O. 13599.
    In addition, please see Section VII below, which describes the 
exercise of certain waiver authorities relevant to the activities and 
transactions described in this section.

V. Sanctions Related to Iran's Export of Crude Oil

    The JPOA provides for certain sanctions relief related to Iran's 
crude oil sales. Under the JPOA, the USG will ``pause efforts to 
further reduce Iran's crude oil sales, enabling Iran's current 
customers to purchase their current average amounts of crude oil. 
Enable the repatriation of an agreed amount of revenue held abroad. For 
such oil sales, suspend U.S. sanctions on associated insurance and 
transportation services.'' To implement this provision of the JPOA 
during the JPOA Relief Period, the USG will take the following steps to 
allow for China, India, Japan, the Republic of Korea, Taiwan, and 
Turkey to maintain their current average level of imports from Iran 
during the JPOA Relief Period and to render non-sanctionable a limited 
number of transactions for the release in installments of an agreed 
amount of revenue to Iran for receipt at participating foreign 
financial institutions in selected jurisdictions:
    1. Correspondent or Payable-through Account Sanctions: The USG will 
not impose correspondent or payable-through account sanctions under 
sections 1(a)(i)-(ii) of E.O. 13622 (as amended by section 16(a) of 
E.O. 13645); section 3(a)(i) of E.O. 13645; and sections 561.201(a)(5), 
561.204(a), and 561.204(b)(1)-(2) of the IFSR with respect to foreign 
financial institutions that conduct or facilitate transactions 
exclusively during the JPOA Relief Period by non-U.S. persons not 
otherwise subject to the ITSR for exports of petroleum and petroleum 
products from Iran to China, India, Japan, the Republic of Korea, 
Taiwan, or Turkey, and associated insurance \7\ and transportation 
services, that are initiated and completed entirely within the JPOA 
Relief Period, including transactions involving the National Iranian 
Oil Company (NIOC) or the National Iranian Tanker Company (NITC), 
provided that the transactions do not involve persons on the SDN List 
other than NIOC, NITC, or any Iranian depository institutions listed 
solely pursuant to E.O. 13599.\8\
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    \7\ See footnote 1 above for additional information regarding 
associated insurance payments.
    \8\ For the purposes of the sanctions relief with respect to 
Iran's exports of crude oil described in this section, the term 
``associated insurance and transportation services'' means insurance 
and transportation services ordinarily incident to the underlying 
activity covered by the JPOA, provided, however, such services may 
not involve persons on the SDN List other than NIOC, NITC, or any 
Iranian depository institutions listed solely pursuant to E.O. 13599
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    2. Blocking Sanctions: The USG will not impose blocking sanctions 
under section 1(a)(iii) of E.O. 13382; section 5(a) of E.O. 13622; 
sections 2(a)(i)-(ii) of E.O. 13645; section 544.201(a)(3) of the 
WMDPSR; and section 560.211(c)(2) of the ITSR with respect to non-U.S.

[[Page 73145]]

persons not otherwise subject to the ITSR that, exclusively during the 
JPOA Relief Period, materially assist, sponsor, or provide financial, 
material, or technological support for, or goods or services in support 
of, exports of petroleum and petroleum products from Iran to China, 
India, Japan, the Republic of Korea, Taiwan, or Turkey, and associated 
insurance \9\ and transportation services, including for activities 
involving NIOC or NITC, provided such activities are initiated and 
completed entirely within the JPOA Relief Period, and further provided 
that the activities do not involve persons on the SDN List other than 
NIOC, NITC, or any Iranian depository institutions listed solely 
pursuant to E.O. 13599.
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    \9\ See footnote 1 above for additional information regarding 
associated insurance payments.
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    3. Menu-based Sanctions: The USG will not impose sanctions under 
section 2(a)(i) of E.O. 13622 (as amended by section 16(c) of E.O. 
13645) on non-U.S. persons not otherwise subject to the ITSR who engage 
in transactions exclusively during the JPOA Relief Period for exports 
of petroleum and petroleum products from Iran to China, India, Japan, 
the Republic of Korea, Taiwan, or Turkey, and associated insurance \10\ 
and transportation services, including transactions involving NIOC or 
NITC, provided such activities are initiated and completed entirely 
within the JPOA Relief Period, and further provided that the activities 
do not involve persons on the SDN List other than NIOC, NITC, or any 
Iranian depository institutions listed solely pursuant to E.O. 13599.
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    \10\ See footnote 1 above for additional information regarding 
associated insurance payments.
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    In addition, please see Section VII below, which describes the 
exercise of certain waiver authorities relevant to the activities and 
transactions described in this section.

VI. Facilitation of Humanitarian and Certain Other Transactions

    The JPOA provides for the establishment of ``a financial channel to 
facilitate humanitarian trade for Iran's domestic needs using Iranian 
oil revenues held abroad. Humanitarian trade [is] defined as 
transactions involving food and agricultural products, medicine, 
medical devices, and medical expenses incurred abroad. This channel 
could also enable transactions required to pay Iran's UN obligations . 
. . and direct tuition payments to universities and colleges for 
Iranian students studying abroad.'' In furtherance of the JPOA, the P5 
+ 1 and Iran established mechanisms to further facilitate the purchase 
of, and payment for, the export of food, agricultural commodities, 
medicine, and medical devices to Iran, as well as to facilitate Iran's 
payments of UN obligations, Iran's payments for medical expenses 
incurred abroad by Iranian citizens, and Iran's payments of an agreed 
amount of governmental tuition assistance for Iranian students studying 
abroad. The mechanisms will remain in place during the JPOA Relief 
Period. Foreign financial institutions whose involvement in hosting 
these new mechanisms was sought by Iran have been contacted directly by 
the U.S. Department of the Treasury and provided specific guidance.
    Please note that the JPOA-related mechanism for humanitarian trade 
transactions is not the exclusive way to finance or facilitate the sale 
of food, agricultural commodities, medicine, and medical devices to 
Iran by non-U.S. persons not otherwise subject to the ITSR, which is 
not generally sanctionable so long as the transaction does not involve 
persons designated in connection with Iran's support for international 
terrorism or Iran's proliferation of weapons of mass destruction (WMD) 
or WMD delivery systems. Therefore, transactions for the export of 
food, agricultural commodities, medicine, and medical devices to Iran 
generally may be processed pursuant to pre-existing exceptions and are 
not required to be processed through the new mechanism.
    In addition, please see Section VII below, which describes the 
exercise of certain waiver authorities relevant to the activities and 
transactions described in this section.

VII. Waivers

    To enable the implementation during the JPOA Relief Period of the 
sanctions relief outlined in the JPOA and described in detail in 
sections I through VI of this guidance, the USG has renewed, as needed, 
limited waivers of sanctions under: section 1245(d)(1) of the National 
Defense Authorization Act for Fiscal Year 2012 (NDAA) in connection 
with exports of crude oil from Iran to China, India, Japan, the 
Republic of Korea, Taiwan, and Turkey and for transactions related to 
the release in installments of an agreed amount of revenues to Iran for 
receipt at participating foreign financial institutions in selected 
jurisdictions and the establishment of the financial channel provided 
for in the JPOA; section 302(a) of the Iran Threat Reduction and Syria 
Human Rights Act of 2012 with respect to certain transactions involving 
NIOC; section 5(A)(7) of the Iran Sanctions Act of 1996 with respect to 
certain transactions involving NIOC and NITC; and the following sub-
sections of the Iran Freedom and Counter-Proliferation Act of 2012:
    1. 1244(c)(1)--to the extent required for transactions by non-U.S. 
persons (and, in the case of the civil aviation activities described in 
section IV, U.S. persons): (i) for Iran's export of crude oil to China, 
India, Japan, the Republic of Korea, Taiwan, and Turkey, excluding any 
transactions involving persons on the SDN List other than NIOC and 
NITC; (ii) for the export from Iran of petrochemical products, 
excluding any transactions involving persons on the SDN List other than 
the petrochemical companies listed in the Annex to this guidance; (iii) 
for the sale of precious metals to or from Iran, excluding any 
transactions involving persons on the SDN List other than any political 
subdivision, agency, or instrumentality of the Government of Iran 
listed solely pursuant to E.O. 13599; and (iv) for the supply and 
installation of spare parts necessary for the safety of Iranian civil 
aviation flights and for safety-related inspections and repairs in 
Iran, excluding any transactions involving persons on the SDN List 
other than Iran Air.
    2. 1244(d)--to the extent required for transactions by non-U.S. 
persons related to Iran's export of crude oil to China, India, Japan, 
the Republic of Korea, Taiwan, and Turkey, excluding any transactions 
involving persons on the SDN List other than NIOC and NITC.
    3. 1245(a)(1)(A) and 1245(c)--to the extent required for 
transactions by non-U.S. persons for the sale, supply, or transfer of 
precious metals to or from Iran, provided that such transactions do not 
involve persons on the SDN List other than any political subdivision, 
agency, or instrumentality of the Government of Iran listed solely 
pursuant to E.O. 13599 or any Iranian depository institutions listed 
solely pursuant to E.O. 13599, and further provided that such 
transactions do not involve funds credited to an account located 
outside Iran pursuant to section 1245(d)(4)(D)(ii)(II) of NDAA.
    4. 1246(a)--to the extent required for transactions by non-U.S. 
persons (and, in the case of the civil aviation activities described in 
section IV, U.S. persons) for: (i) Iran's exports of crude oil to 
China, India, Japan, the Republic of Korea, Taiwan, and Turkey, 
excluding any transactions involving persons on the SDN List other than 
NIOC and NITC; (ii) the export from Iran of petrochemical products, 
excluding any transactions involving persons on the

[[Page 73146]]

SDN List other than the petrochemical companies listed in the Annex to 
this guidance; (iii) the sale of precious metals to or from Iran, 
excluding any transactions involving persons on the SDN List other than 
any political subdivision, agency, or instrumentality of the Government 
of Iran listed solely pursuant to E.O. 13599; (iv) the sale, supply, or 
transfer to Iran of goods and services used in connection with the 
automotive sector of Iran, excluding any transactions involving persons 
on the SDN List; and (v) the supply and installation of spare parts 
necessary for the safety of Iranian civil aviation flights and for 
safety-related inspections and repairs in Iran, excluding any 
transactions involving persons on the SDN List other than Iran Air.
    5. 1247(a)--to the extent required for transactions by foreign 
financial institutions on behalf of: (i) NIOC and NITC related to 
Iran's exports of crude oil to China, India, Japan, the Republic of 
Korea, Taiwan, and Turkey; (ii) the entities listed in the Annex to 
this guidance for the export of petrochemical products from Iran; (iii) 
any political subdivision, agency, or instrumentality of the Government 
of Iran on the SDN List solely pursuant to E.O. 13599 for the sale of 
precious metals to or from Iran; and (iv) Iran Air for the supply and 
installation of spare parts necessary for the safety of Iranian civil 
aviation flights and for safety-related inspections and repairs in 
Iran.

ANNEX

    1. Bandar Imam Petrochemical Company;
    2. Bou Ali Sina Petrochemical Company;
    3. Ghaed Bassir Petrochemical Products Company;
    4. Iran Petrochemical Commercial Company;
    5. Jam Petrochemical Company;
    6. Marjan Petrochemical Company;
    7. Mobin Petrochemical Company;
    8. National Petrochemical Company;
    9. Nouri Petrochemical Company;
    10. Pars Petrochemical Company;
    11. Sadaf Petrochemical Assaluyeh Company;
    12. Shahid Tondgooyan Petrochemical Company;
    13. Shazand Petrochemical Company; and
    14. Tabriz Petrochemical Company.

    Dated: November 25, 2014.
Adam J. Szubin
Director, Office of Foreign Assets Control.
[FR Doc. 2014-28805 Filed 12-8-14; 8:45 am]
BILLING CODE 4810-AL-P