Q: Can I travel to Iran?
A: Yes, travel to Iran allowed, and you can engage in any transaction that is ordinarily incident to travel, including importing and exporting your personal items. While in Iran, you can pay living expenses and make use of Iranian services incident to travel. You can also acquire goods and services for personal use. [see 31 CFR 560.210]
Q: Can I freely collaborate with Iranian undergraduate and graduate students that are enrolled at Brown University?
A: Yes you can freely collaborate with any Iranian student who is enrolled at Brown University. [see 31 CFR 560.505]. However, if you are in one of the STEM fields, you should ensure that you do not release export controlled technology or software to your Iranian students. While the majority of the technology and related information that is discussed and shared with our students here at Brown is not export controlled because it was (i) generated under the Fundamental Research Exclusion; or (ii) constitutes Educational Information that is not subject to Export Control Regulations; or (iii) is publicly available/already in the public domain, some information (particularly information you may have received from an outside, non-academic third party) may be export controlled. Prior to release of such technology or software, please ensure that (a) it is ordinarily incident and necessary to the educational program in which the student is enrolled, and (b) it has an export control classification of “EAR99”. If you need assistance determining whether your technology/information is export controlled or classified as “EAR99”, please contact ORI.
Q: Can I collaborate with Iranian colleagues who are based here in the U.S. or in a third country (but not in Iran)?
A: In general, you will probably be able to collaborate with your Iranian colleagues based in the U.S. or in a third country (not Iran), however, you may need to establish if they are ordinarily resident in the U.S./third country. Why is that?
Background:
Iranian Transactions and Sanctions Regulations (ITSR) prohibits the importation into the United States of services of Iranian origin [see 31 CFR 560.201]. What does that mean? OFAC uses a broad interpretation of “services” to mean anything from consulting, teaching, and translating, to collaborating, presenting, and research. Services of Iranian origin is defined as:
- services performed in Iran or by a person residing in Iran; and
- services performed outside of Iran by a citizen, national or permanent resident of Iran who is ordinarily resident in Iran.
The term Services of Iranian origin does not include services performed outside Iran by an Iranian citizen or national who is resident in the United States or a third country, provided such services are not performed by or on behalf of the Government of Iran or an entity organized under the laws of Iran or any jurisdiction within Iran, or a person located in Iran.[see 31 CFR 560.306]
Therefore, if your colleague is ordinarily resident in the U.S. or in a third country, you can collaborate with that colleague, provided (s)he is not acting on behalf of the Government of Iran or an Iranian entity. However, if your Iranian colleague is only temporarily in a third country and is ordinarily resident in Iran, you may need a license from OFAC to collaborate.
Q: Can I co-author an academic paper with an Iranian colleague or student who is based in Iran or ordinarily resident in Iran (not a faculty or student at a U.S. institution)?
A: Yes, you can co-author an academic paper with an Iran colleague or student based in/ordinarily resident in Iran. OFAC issued a general license [31 CFR 560.538] which allows engagement in all transactions necessary and ordinarily incident to the publishing and marketing of manuscripts, books, journals, and newspapers. This general license authorizes you to collaborate with your Iranian colleague on the creation and enhancement of written publications, including an academic paper, a book, or a dissertation. 31 CFR 560.538 also authorizes substantive editing of written publications.
Q: Can I work with an Iranian who is based in Iran or ordinarily resident in Iran on the development, production, or design of software?
A: You will likely need a specific license from OFAC for this type of collaboration. While general license 31 CFR 560.538 allows academics to collaborate with Iranians who are ordinarily resident in Iran on the creation of written publication without the need to obtain a specific license, it does not allow the exportation from or importation into the U.S. of services for the development, production, or design of software. Contact ORI for further assistance.
Q: Can I send a journal article or other published materials to a colleague in Iran?
A: Yes you can send printed materials, including a published journal article to colleagues in Iran without the need to obtain a specific license. Per 31 CFR 560.210, the importation from Iran and exportation to Iran of informational materials is exempted from the prohibitions contained in ITSR. This applies to informational materials, which includes, but is not limited to, publications, films, posters, phonograph records, photographs, tapes, CDs, DVDs, and artwork, whether commercial or otherwise, and regardless of format or medium of transmission.
Q: Can I attend an academic conference in Iran?
A: To attend an academic conference in Iran, you will most likely need a specific license from OFAC. While you will be able to travel to Iran per 31 CFR 560.210 without the need to obtain a specific license, attending a conference will involve the import and export of “services”, both of which are prohibited per 31 CFR 560.204. Additionally, there is no general license available for conference attendance in Iran. Specific licenses should be filed timely and with enough details.
Q: Can I attend an academic conference in a third country where Iranians are participating?
A: Yes, per the ITSR general license under 31 CFR 560.554, you can attend an academic conference in the U.S. or a third country where Iranians are attending and participating, provided that
- this conference is open to the public; and
- this conference is not tailored, in whole or in part, for Iran or persons ordinarily resident in Iran; and
- this conference is not related to petroleum or petrochemical industries, energy development, crude oil or natural gas, pipelines, or the oil services industry.
Please also note that the general license under 31 CFR 560.554 does not authorize the release of technology or software to conference participants who are ordinarily resident in Iran.
Q: My Iranian graduate student has gone home to Iran for the summer. Can I continue to advise her via email?
A: Graduate students sometimes travel home for family reasons but return to the U.S./Brown University after a few weeks. If your Iranian graduate student travels temporarily home but continues to be on her non-immigrant visa and enrolled in the degree program, you can continue to advise her via email while she is in Iran [see 31 CFR 560.505]. However, if you are in one of the STEM fields, you should ensure that you do not release export controlled technology or software to your Iranian students. While the majority of the technology and related information that is discussed and shared with our students here at Brown is not export controlled because it was (i) generated under the Fundamental Research Exclusion; or (ii) constitutes Educational Information that is not subject to Export Control Regulations; or (iii) is publicly available/already in the public domain, some information (particularly information you may have received from an outside, non-academic third party) may be export controlled. Prior to release of such technology or software, please ensure that (a) it is ordinarily incident and necessary to the educational program in which the student is enrolled, and (b) it has an export control classification of “EAR99”. If you need assistance determining whether your technology/information is export controlled or classified as “EAR99”, please contact ORI.
Q: My Iranian graduate student has been stuck in Iran for several weeks awaiting her visa renewal. It is not clear if and when she will receive her new visa. Can I continue to work with her via email and skype while she waiting in Iran?
A: We strongly advise to discuss this situation with the Office of Research Integrity. The overall assumption is that your graduate student continues to be enrolled in the degree program, and will continue to be on a non-immigrant visa. However, with the old visa expired and the new visa not having yet been issued, the general license authorized under 31 CFR 560.505, which allows for teaching and advising, may not be applicable, especially if there is a significant time delay and if there is perhaps even a slight possibility that the visa will not be renewed. ORI will help explore if other general licenses can be used to continue work with the student while she is stuck in Iran.
Q: Can I transfer funds to an Iranian financial institution or to an individual or entity on one of the government restricted party lists?
A: No, U.S. persons are prohibited from virtually all direct or indirect transactions involving Iran or the Government of Iran. Further, U.S. persons are actually required to block all property and interests in property of the Government of Iran, including the Central Bank of Iran, any Iranian financial institutions, which also includes the Central Bank of Iran, and any individuals or entities found on a restricted party list, unless it relates to a transaction that is exempted by statute or authorized by OFAC. Additional information can be found here.