July 29, 2016: OFAC adds Iran General License J

OFAC issued a new General License for the Iran program on Friday. It authorizes the reexportation of civilian aircraft to Iran on temporary sojourn – but there are a lot of conditions. For starters, unmanned aircraft and rotary wing aircraft (e.g. helicopters) are no included in the license, but there are a lot of other conditions, too:

 

(1) the right to hire and fire the cockpit crew remains with the non-U.S. person reexporter;

(2) the right to dispatch the Eligible Aircraft remains with the non-U.S. person reexporter;

(3) the right to determine the Eligible Aircraft’s routes remains with the non-U.S. person reexporter;

(4) the right to perform or obtain the principal maintenance on the Eligible Aircraft remains with the non-U.S. person reexporter, and principal maintenance will take place outside of Iran under the control of a party who is not an Iranian national ordinarily resident in Iran;

(5) the place ofregistration ofthe Eligible Aircraft will not change to Iran;
(6) there is no transfer of technology to an Iranian national ordinarily resident in Iran; 

 

(7) the Eligible Aircraft will not bear the color, livery, or logo of any Iranian air carrier;

(8) the Eligible Aircraft will not carry a flight number issued to an Iranian air CatTier;

(9) the Eligible Aircraft will not be equipped with, or used to transport: (i) arms or related materiel, including defense articles, defense services, or technical data that are controlled on the United States Munitions List (USML) established under section 38 of the Arms Export Control Act (22 U.S.C. § 2778), (ii) any item that is- or would be, iflocated in the United States- controlled by ECCNs OA-E521 or 600 series ECCNs, or (iii) items used to facilitate the development or production of a chemical or biological weapon or other weapon of mass destruction and their means o f delivery, including ballistic missiles; and

(1 0) the Eligible Aircraft will be in Iran for no more than 72 hours on each temporary sojourn. 

Links:

OFAC Notice

OFAC General License J

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