Restrictions on Activities Involving Iran

Although the U.S. government has recently loosened some of its regulations that restrict the activities that can be conducting in or involving the country of Iran, it is important to understand that Iran is still heavily sanctioned, and many activities are still restricted or prohibited. Specifically, regulations affecting the types of activities that U.S. academic institutions, their faculty, staff, and students may desire to undertake in Iran or with Iranian foreign nationals or entities are, on the whole, still in effect.

General

Generally, U.S. regulations prohibit the provision, export, receipt, or import of any goods, items, technology, or services to or from Iran. The only exceptions to this prohibition are activities that are described either in exemptions or general licenses (some described below). Otherwise, permission for the specific activity must be obtained from the U.S. government in the form of a specific license.

Exceptions

General License for Academic Exchanges

A general license exists to allow for U.S. academic institutions to enter into student academic exchange agreements with Iranian universities, allowing for Iranian student to attend U.S. academic institutions. Additionally, the license allows for the recruitment in a teaching capacity of individuals located in Iran. The license also allows for the exportation of online courses in humanities, social sciences, business, or law, or introductory undergraduate science, technology, math or engineering courses required for completion of degree programs. Last, the license allows for U.S. persons enrolled in U.S. academic institutions to participate in educational courses or noncommercial research at Iranian universities at the undergraduate level, or graduate level in humanities, social sciences, law, or business only.

Humanitarian Donation Exemption

The prohibitions regarding Iran do not apply to donations of food, clothing, and medicine intended to be used to relieve human suffering.

Personal Communications Exemption

The prohibitions regarding Iran do not apply to postal, telegraphic, telephonic, or other personal communications that does not involve transfer of anything of value (but see “Export Controls”).

Information or Informational Materials Exemption The prohibitions regarding Iran do not apply to the importation or exportation of any publications, films, posters, phonograph records, photographs, microfilms, microfiche, tapes, compact discs, CD ROMs, artworks and news wire feeds fully created and in existence at the time of the transaction (but see “Export Controls”).

Travel Exemption

Travel to or from Iran in of itself is not prohibited, and the prohibitions regarding Iran do not apply to transactions ordinarily incident to travel (e.g., transportation, lodging, living expenses and acquisition of goods and services for personal use). However, any activities beyond those incidental to travel and are not covered under another exception are prohibited, even if the travel itself is not (also see “Export Controls”).

Export Controls

Even if a certain activity is permitted under an exception described above, U.S. regulations may still prohibit the exportation of items or technology that are controlled under the Export Administration Regulations (EAR) or International Traffic in Arms Regulations (ITAR). Further, license exceptions for “baggage” and “temporary tools of trade” that can often be used by travelers to exempt from export controls regulations any personal and work items brought with them in their travels do not apply to Iran. Therefore, any potential exports that may be related to an otherwise authorized activity involving Iran should be deeply analyzed.

Specific Licenses

If the activity desired does not fall into one of the categories described above, a specific license will likely be required. Emory faculty, staff, and students should contact Emory’s Office of General Counsel to discuss applying for such a license. License applications are completed by outside counsel at the expense of the person/department applying for the license. Specific licenses can take up to six months for the U.S. government to consider, and whether a license is granted is at the U.S. government’s sole discretion.

Penalties

Penalties for violating these regulations can include both civil fines up to $250,000, criminal fines up to $1,000,000, and imprisonment for up to 20 years.