PART 560 -- IRANIAN TRANSACTIONS REGULATIONS Subpart A_Relation of this Part to Other Laws and Regulations Sec. 560.101 Relation of this part to other laws and regulations. Subpart B_Prohibitions 560.201 Prohibited importation of goods and services from Iran. 560.202 Prohibited related transactions. 560.203 Evasions. Subpart C_General Definitions 560.301 Effective date. 560.302 The Act. 560.303 Iran; Iranian. 560.304 Government of Iran. 560.305 Person. 560.306 Iranian origin goods and services. 560.307 United States. 560.308 Importation. 560.309 Publications. 560.310 License. 560.311 General license. 560.312 Specific license. Subpart D_Interpretations 560.401 Reference to amended sections. 560.402 Effect of amendment of sections of this part or of other orders, etc. 560.403 Exports from Iran prior to the effective date. 560.404 Certain offshore transactions, and other transactions related thereto. 560.405 Goods; technical data. 560.406 Transshipment through United States prohibited. 560.407 Importation from third countries; transshipment. 560.408 Importation into and release from a bonded warehouse or foreign trade zone. 560.409 Documentary evidence of the location of Iranian carpets located in third countries prior to the effective date. Subpart E_Licenses, Authorizations and Statements of Licensing Policy 560.501 Effect of license or authorization. 560.502 Exclusion from licenses and authorizations. 560.503 Importation pursuant to prior contractual agreements. 560.504 Iranian goods in third countries prior to effective date. 560.505 Certain services relating to participation in various events authorized. 560.506 Importation of certain gifts authorized. 560.507 Importation of accompanied baggage authorized. 560.508 Telecommunications and mail transactions authorized. 560.509 Certain services performed in Iran with respect to patents, trademarks and copyrights. 560.510 Certain goods and services relating to legal proceedings. 560.511 Importation of goods awarded by the Hague Tribunal. 560.512 Certain imports for diplomatic or official personnel authorized. 560.513 Importation of Iranian-origin oil. 560.514 Importation of household and personal effects authorized. Subpart F_Reports 560.601 Required records. 560.602 Reports to be furnished on demand. Subpart G_Penalties 560.701 Penalties. 560.702 Detention of shipments. Subpart H_Procedures 560.801 Licensing. 560.802 Decisions. 560.803 Amendment, modification, or revocation. 560.804 Rulemaking. 560.805 Delegation by the Secretary of the Treasury. 560.806 Customs procedures: goods specified in §560.201.560.807 Rules governing availability of information.Subpart I_Paperwork Reduction Act560.901 Paperwork Reduction Act Notice.Authority: 22 U.S.C. 2349aa - 9; E.O. 12613, 52 FR 41940, Oct. 30, 1987.Source: 52 FR 44076, Nov. 17, 1987, unless otherwise noted.Subpart A_Relation of This Part to Other Laws and Regulations §560.101 Relation of this part to other laws and regulations. (a) This part is separate from, and independent of, the other parts of this chapter, including part 535, ``Iranian Assets Control Regulations.'' No license or authorization contained in or issued pursuant to those other parts authorizes any transaction prohibited by this part. No license or authorization contained in or issued pursuant to any other provision of law or regulations authorizes any transaction prohibited by this part. (b) No license or authorization contained in or issued pursuant to this part relieves the involved parties from complying with any other applicable laws or regulations. Subpart B_Prohibitions §560.201 Prohibited importation of goods and services from Iran.Except as authorized by regulations, rulings, instructions, licenses, or otherwise, no goods or services of Iranian origin may be imported into the United States, with the following exceptions:(a) Iranian-origin publications and materials imported for news publications or news broadcast dissemination;(b) Petroleum products refined from Iranian crude oil in a third country; and (c) Articles imported directly from Iran prior to the effective date. §560.202 Prohibited related transactions.No person may order, buy, act as broker or facilitator for, receive, conceal, store, use, sell, loan, dispose of, transfer, transport, finance, forward, or otherwise service, in whole or in part, any goods or services subject to the prohibitions of this part, with knowledge or reason to know that a violation of this part, or any regulation, order, or license issued pursuant hereto or to section 505 of the Act, has occurred, is about to occur, or is intended to occur with respect to such goods or services. §560.203 Evasions.Any transaction for the purpose of, or which has the effect of, evading or avoiding any of the prohibitions set forth in this Subpart is hereby prohibited.Subpart C_General Definitions§560.301 Effective date.The term effective date means 12:01 p.m., Eastern Standard Time, October 29, 1987.§560.302 The Act.For purposes of this part, the term Act means the International Security and Development Cooperation Act of 1985 (Pub. L. 99 - 83). §560.303 Iran; Iranian.The term Iran means the country of Iran and any Iranian territory, dependency, colony, protectorate, mandate, dominion, possession or place subject to the jurisdiction thereof, or any territory which, at the time of the relevant transaction, is controlled or occupied by the military, naval or police forces or other authorities of Iran. The term Iranian means pertaining to Iran as defined in this section. §560.304 Government of Iran.(a) The Government of Iran includes:(1) The state and the Government of Iran, as well as any political subdivision, agency, or instrumentality thereof;(2) Any partnership, association, corporation, or other organization substantially owned or controlled by the foregoing;(3) Any person to the extent that such person is, or has been, or to the extent that there is reasonable cause to believe that such person is, or has been, since the effective date acting or purporting to act directly or indirectly on behalf of any of the foregoing. §560.305 Person.The term person means an individual, partnership, association, corporation or other organization.§560.306 Iranian origin goods and services.The term goods or services of Iranian origin includes:(a) Goods grown, produced, manufactured, extracted, or processed in Iran;(b) Goods which have entered into Iranian commerce; and(c) Services performed in Iran or by the Government of Iran, as defined in §560.304, where the benefit of such services will be received in the United States. Services of Iranian origin are not imported into the United States when such services are provided in the United States by an Iranian national resident in the United States. The term services of Iranian origin does not include:(1) Diplomatic and consular services performed by or on behalf of the Government of Iran, or (2) Diplomatic and consular services performed by or on behalf of the Government of the United States. §560.307 United States.The term United States means the United States, including its territories and possessions.§560.308 Importation.The term importation means the bringing of any goods into the United States, except that in the case of goods transported by vessel, ``importation'' shall mean the bringing of any goods into the United States with the intent to unlade it.§560.309 Publications.The term publications includes, but is not limited to, books, newspapers, magazines, films, phonograph records, tape recordings, photographs, microfilm, microfiche, videotapes, and posters, as well as items described in the following: (a) 15 CFR 399.1, Commodity Control List, Group 5, CCL No. 7599I: microfilm that reproduces the content of certain publications, and similar materials. (b) 15 CFR 399.1, Commodity Control List, Group 9, CCL No. 7999I: certain publications and related materials. §560.310 License.Except as otherwise specified, the term license means any license or authorization contained in or issued pursuant to this part. §560.311 General license.The term general license means any license or authorization the terms of which are set forth in this part.§560.312 Specific license.The term specific license means any license or authorization not set forth in this part but issued pursuant to this part in response to a written application.Subpart D_Interpretations§560.401 Reference to amended sections.Reference to any section of this part or to any regulation, ruling, order, instruction, direction, or license issued pursuant to this part shall be deemed to refer to the same as currently amended unless otherwise so specified. §560.402 Effect of amendment of sections of this part or of other orders, etc.Any amendment, modification, or revocation of any section of this part or of any order, regulation, ruling, instruction, or license issued by or under the direction of the Secretary of the Treasury pursuant to section 505 of the Act shall not, unless otherwise specifically provided, be deemed to affect any act done or omitted to be done, or any suit or proceeding had or commenced in any civil or criminal case prior to such amendment, modification, or revocation. All penalties, forfeitures, and liabilities under any such order, regulation, ruling, instruction, or license shall continue and may be enforced as if such amendment, modification, or revocation had not been made. §560.403 Exports from Iran prior to the effective date.Goods may be imported pursuant to exception c in §560.201 if, prior to the effective date, the goods were loaded on board a vessel or aircraft in Iran or a third country ready for export to the United States, or were in transit from Iran or a third country for direct importation into the United States. §560.404 Certain offshore transactions and other transactions related thereto.The prohibitions contained in §560.201 do not apply to the importation into locations outside the United States of goods or services of Iranian origin. The prohibitions also do not extend to payments or other transactions, wherever concluded, by any person relating to such transactions outside the United States, such as U.S. financial, service, or brokerage transactions involving offshore transactions with Iran. Payments relating to such non-prohibited transactions, and payments relating to the exceptions designated in §560.201, are not prohibited.§560.405 Goods; technical data.The term ``goods'' shall include merchandise; articles; and technical data in tangible form including, but not limited to, a model, prototype, blueprint, drawing, operating manual, computer software, tape recording, microfiche, or other material in machine readable form. The term ``goods'' does not apply to oral transmission of technical data in the course of performance of services, telephone communications, lectures, seminars, or plant visits. §560.406 Transshipment through United States prohibited. The prohibitions in §560.201 apply to the importation into the United States, for transshipment or transit, of goods of Iranian origin which are intended or destined for third countries. §560.407 Importation from third countries; transshipment. (a) Importation into the United States from third countries of goods containing raw materials or components of Iranian origin is not prohibited if those raw materials or components have been incorporated into manufactured products or substantially transformed in a third country. (b) Importation into the United States of goods of Iranian origin that have been transshipped through a third country without being incorporated into manufactured products or substantially transformed in a third country is prohibited. §560.408 Importation into and release from a bonded warehouse or foreign trade zone. The prohibitions in §560.201 apply to importation into a bonded warehouse or a foreign trade zone of the United States. However, §560.201 does not prohibit the release from a bonded warehouse or a foreign trade zone of goods of Iranian origin imported into a bonded warehouse or a foreign trade zone prior to the effective date.  §560.409 Documentary evidence of the location of Iranian carpets located in third countries prior to the effective date.(a) Section 560.504 states that specific licenses will be issued to import non-fungible goods of Iranian origin, including carpets, upon submission of satisfactory documentary proof that the goods were located outside Iran prior to the effective date and that no financial benefit will accrue to Iran after the effective date. Section 560.504c identifies documents that may serve to satisfy the requirements of this section. Documents submitted must specifically identify the particular item to be imported. (b) Because of the similarity of carpets of commercial grade, commercial documents which contain only a generic description of a carpet, such as size and style or region of manufacture (e.g., 2.05m. _0A 1.05m., Tabriz) generally will be insufficient to satisfy the documentary requirement. Documents intended to prove that a particular carpet has been located outside of Iran since the effective date must identify the carpet and its location outside Iran since the effective date with sufficient particularity to eliminate the possibility of substitution by another carpet that would not be eligible for importation. Accordingly, transportation documents, invoices, inventory lists, or warehouse receipts that provide only general descriptions will not be considered to provide sufficient assurance that a particular carpet has been located outside of Iran since the effective date to justify issuance of a specific license for importation. [56 FR 61373, Dec. 3, 1991] Subpart E_Licenses, Authorizations, and Statements of Licensing Policy §560.501 Effect of license or authorization. (a) No license or other authorization contained in this part, or otherwise issued by or under the direction of the Secretary of the Treasury pursuant to section 505 of the Act, shall be deemed to authorize or validate any transaction effected prior to the issuance of the license, unless specifically provided in such license or other authorization. (b) No regulation, ruling, instruction, or license authorizes a transaction prohibited under this part unless the regulation, ruling, instruction, or license is issued by the Treasury Department and specifically refers to this part. No regulation, ruling, instruction, or license referring to this part shall be deemed to authorize any transactions prohibited by any provision of this chapter unless the regulation, ruling, instruction or license specifically refers to such provision. (c) Any regulation, ruling, instruction or license authorizing a transaction otherwise prohibited under this part has the effect of removing a prohibition or prohibitions in Subpart B 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. §560.502 Exclusion from licenses and authorizations. The Secretary of the Treasury reserves the right to exclude any person from the operation of any license, or from the privileges therein conferred, or to restrict the applicability thereof with respect to particular persons, transactions or property or classes thereof. Such action shall be binding upon all persons receiving actual or constructive notice thereof. §560.503 Importation pursuant to prior contractual agreements. Specific licenses may be issued, on a case-by-case basis, authorizing the importation of goods of Iranian origin into the United States after the effective date and before January 1, 1988, if the importer furnishes the Office with a certification supported by written evidence establishing that -- (a) Payment for the goods was made, or payment was irrevocably committed to be made, prior to the effective date, or (b) A written agreement to purchase the goods was entered into prior to the effective date; and (c) Prior to the effective date, the goods were intended for importation into the United States. §560.504 Iranian goods in third countries prior to effective date. (a) Specific licenses may be issued authorizing the importation of non-fungible goods of Iranian origin, such as carpets and artwork, provided the applicant submits satisfactory documentary proof that the goods are located outside Iran prior to the effective date and that no payment or other benefit has accrued or will accrue to Iran after the effective date. For purposes of this section, a payment or other benefit to Iran includes a payment or other economic benefit accruing to the Government of Iran or to a person or persons residing or located in Iran. (b) Fungible goods of Iranian origin, such as oil and agricultural products, may qualify for importation after the effective date only under the provisions of §§560.201 and 560.503. (c) The type of documentation that would constitute satisfactory proof of the location of non-fungible goods outside Iran as of the effective date may vary depending upon the facts of a particular case. However, independent corroborating documentary evidence issued and certified by a disinterested party will be required. This might include contracts, insurance documents, shipping documents, warehouse receipts, and appropriate customs documents, accompanied by a certification of an insurance agent, warehouse agent, or other appropriate person, identifying with particularity the goods sought to be imported and attesting that the goods concerned were located outside Iran at a time prior to the effective date. In general, affidavits, statements, and other documents prepared by the applicant or another interested party will not, by themselves, constitute satisfactory proof. Example: A Persian carpet stored in a warehouse in Europe since January 1986, and purchased by a U.S. resident in November 1987, may be licensed for importation into the United States if the importer provides, for example, (1) a warehouse receipt dated prior to the effective date, and a certification from the warehouse that the carpet sought to be imported is the same carpet that was in storage, identifying such characteristics as predominant colors and design by description or photograph; and (2) insurance documents dated prior to the effective date and containing sufficient information to identify the specific carpet insured in a location outside Iran. §560.505 Certain services relating to participation in various events authorized. The importation of services of Iranian origin into the United States is authorized where an Iranian national enters the United States on a visa issued by the State Department for the purpose of participating in a public conference, performance, exhibition or similar event. §560.506 Importation of certain gifts authorized. The importation into the United States is authorized for goods of Iranian origin sent as gifts to persons in the United States where the value of the gift is not more than $100. §560.507 Importation of accompanied baggage authorized. Persons entering the United States directly or indirectly from Iran are authorized to import into the United States Iranian-origin accompanied baggage normally incident to travel. This authorization does not extend to Iranian-origin goods the value of which exceeds the personal exemption from Customs duty, currently at $400 per individual, or for Iranian-origin goods brought to the United States from third countries as accompanied baggage. Example: Under this section, a U.S. resident returning from Iran may import personal effects acquired in Iran such as clothing and small purchases, provided their value is below the personal exemption amount, currently $400. A U.S. tourist returning from a vacation in Canada with a Persian carpet purchased there is not eligible for the general license in this section, as the individual would not be entering the United States directly or indirectly from Iran. In the latter case, the carpet could be imported only under a specific license issued pursuant to another section, such as §§560.503 or 560.504. §560.508 Telecommunications and mail transactions authorized. All transactions of common carriers incident to the receipt or transmission of telecommunications and mail between the United States and Iran are authorized. For purposes of this section, the term ``mail'' shall include parcels only to the extent the parcels contain goods excepted from these Regulations or otherwise eligible for importation from Iran under a general or specific license. §560.509 Certain services performed in Iran with respect to patents, trademarks and copyrights. (a) All transactions incident to the following services rendered by a resident of Iran to or on behalf of a U.S. person are hereby authorized:(1) The filing and prosecution of any application in Iran to obtain a patent, trademark, copyright or other form of intellectual property protection.(2) The receipt of an Iranian patent, trademark, copyright or other form of intellectual property protection. (3) The renewal of maintenance of a patent, trademark, copyright or other form of intellectual property protection in Iran. (4) The filing and prosecution of opposition or infringement proceedings in Iran with respect to a patent, trademark, copyright or other form of intellectual property protection; or the entrance of a defense to any such proceedings. (b) Nothing in this section affects obligations under any other provision of law. §560.510 Certain goods and services relating to legal proceedings. All transactions are authorized pertaining to the importation of goods and services necessary for the conduct of legal proceedings, including administrative, judicial, and arbitral proceedings. §560.511 Importation of goods awarded by the Hague Tribunal.(a) Specific licenses will be issued on a case-by-case basis to permit the importation of goods of Iranian origin in connection with awards, decisons, or orders of the Iran-United States Claims Tribunal in the Hague, established pursuant to the Algiers Accords of January 19, 1981. (b) Specific licenses may be issued on a case-by-case basis to permit the importation of Iranian origin goods in connection with agreements settling claims brought before the Iran-United States Claims Tribunal. §560.512 Certain imports for diplomatic or official personnel authorized.All transactions ordinarily incident to the importation of any goods or services into the United States from Iran are authorized if such imports are destined for official or personal use by personnel employed by Iranian missions to international organizations located in the United States, and such imports are not for resale. §560.513 Importation of Iranian-origin oil.(a) Specific licenses will be issued on a case-by-case basis to permit the importation of Iranian-origin oil in connection with the resolution or settlement of cases before the Iran-United States Claims Tribunal in The Hague, established pursuant to the Algiers Accords of January 19, 1981, or where the proceeds are otherwise to be deposited in the Tribunal's Security Account. (b) License applications submitted pursuant to this section must contain the importer's certification that the oil is of Iranian origin with all relevant supporting documentation, including specification of the production site at which the oil was extracted, and that the sale or transfer of the oil is by or for the account of the Government of Iran. Licenses will not be issued for importations of Iranian-origin oil which is not sold or transferred by or for the account of the Government of Iran. In cases where the oil is being imported either in whole or in part in resolution or settlement of a case pending before the Tribunal, applicants are required to identify the case and submit a copy of the settlement agreement and the Award on Agreed Terms issued by the Tribunal. In cases where any proceeds are generated, for the account of the Government of Iran from the importation of Iranian-origin oil, the importer must demonstrate that irrevocable arrangements are in place that will ensure that the proceeds will be deposited in the Security Account at The Hague. [56 FR 11100, Mar. 15, 1991] §560.514 Importation of household and personal effects authorized.(a) Except as provided in paragraph (b) of this section, the importation of Iranian-origin goods within the description of household and personal effects under the Harmonized Tariff Schedule of the United States (1991), subheadings 9804.00.05 and 9804.00.20, by persons arriving in the United States from a foreign country is authorized. (b) This section authorizes the importation of no more than five Iranian-origin carpets, rugs, or similar articles such as tapestries or wallhangings. If a greater number of such items is to be imported, none may be imported without a specific license issued pursuant to this part. [56 FR 61374, Dec. 3, 1991] Subpart F_Reports §560.601 Required records.Every person engaging in any transaction subject to the provisons of this part shall keep a full and accurate record of each transaction in which he engages, regardless of whether such transaction is effected pursuant to license or otherwise, and such record shall be available for examination for at least two years after the date of such transaction. §560.602 Reports to be furnished on demand.Every person is required to furnish under oath, in the form of reports or otherwise, from time to time and at any time as may be required, complete information relative to any transaction, regardless of whether such transaction is effected pursuant to license or otherwise, subject to the provisions of this part. Such reports may be required to include the production of any books of account, contracts, letters or other papers, connected with any such transaction or property, in the custody of control of the persons required to make such reports. Reports with respect to transactions may be required either before or after such transactions are completed. The Secretary of the Treasury may, through any person or agency, conduct investigations, hold hearings, administers oaths, examine witnesses, receive evidence, take depositions, and require by subpoena the attendance and testimony of witnesses and the production of all books, papers, and documents relating to any matter under investigation, regardless of whether any report has been required or filed in connection therewith. Subpart G_Penalties §560.701 Penalties. (a) Attention is directed to 18 U.S.C. 545, which provides: Whoever knowingly and willfully, with intent to defraud the United States, smuggles, or clandestinely introduces into the United States any merchandise which should have been invoiced, or makes out or passes, or attempts to pass, through the customhouse any false, forged, or fraudulent invoice, or other document or paper; or Whoever fraudulently or knowingly imports or brings into the United States, any merchandise contrary to law, or receives, conceals, buys, sells, or in any manner facilitates the transportation, concealment, or sale of such merchandise after importation, knowing the same to have been imported or brought into the United States contrary to law -- Shall be fined not more that $10,000 or imprisoned not more than five years, or both. Proof of defendant's possession of such goods, unless explained to the satisfaction of the jury, shall be deemed evidence sufficient to authorize conviction for violation of this section. Merchandise introduced into the United States in violation of this section, or the value thereof, to be recovered from any person described in the first or second paragraph of this section, shall be forfeited to the United States. (b) Attention is directed to 18 U.S.C. 1001, which provides: Whoever, in any matter within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals or covers up by any trick, scheme, or device a material fact, or makes any false, fictitious or fraudulent statements or representation or makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry, shall be fined not more than $10,000 or imprisoned not more than five years, or both. (c) Attention is directed to 19 U.S.C. 1592, which provides, in part: (a) Prohibition. -- (1) General rule._Without regard to whether the United States is or may be deprived of all or a portion of any lawful duty thereby, no person, by fraud, gross negligence, or negligence -- (A) may enter, introduce, or attempt to enter or introduce any merchandise into the commerce of the United States by means of -- (i) any document, written or oral statement, or act which is material and false, or (ii) any omission which is material, or (B) may aid or abet any other person to violate subparagraph (A) * * *. (c) Maximum penalties. -- (1) Fraud._A fraudulent violation of subsection (a) of this section is punishable by a civil penalty in an amount not to exceed the domestic value of the merchandise. (2) Gross negligence._A grossly negligent violation of subsection (a) of this section is punishable by a civil penalty in an amount not to exceed -- (A) the lesser of -- (i) the domestic value of the merchandise, or (ii) four times the lawful duties of which the United States is or may be deprived, or (B) if the violation did not affect the assessment of duties, 40 percent of the dutiable value of the merchandise. (3) Negligence._A negligent violation of subsection (a) of this section is punishable by a civil penalty in an amount not to exceed -- (A) the lesser of -- (i) the domestic value of the merchandise, or (ii) two times the lawful duties of which the United States is or may be deprived, or (B) if the violation did not affect the assessment of duties, 20 percent of the dutiable value of the merchandise. (d) Attention is also directed to 19 U.S.C. 1595a, which provides: (a) * * * [E]very vessel, vehicle, animal, aircraft, or other thing used in, to aid in, or to facilitate, by obtaining information or in any other way, the importation, bringing in, unloading, landing, removal, concealing, harboring, or subsequent transportation of any article which is being or has been introduced, or attempted to be introduced, into the United States contrary to law, whether upon such vessel, vehicle, animal, aircraft or other thing or otherwise, may be seized and forfeited together with its tackle, apparel, furniture, harness, or equipment. (b) Every person who directs, assists financially or otherwise, or is in any way concerned in any unlawful activity mentioned in the preceding subsection shall be liable to a penalty equal to the value of the article or articles introduced or attempted to be introduced. (c) Any merchandise that is introduced or attempted to be introduced into the United States contrary to law (other than in violation of section 1592 of this title) may be seized and forfeited. §560.702 Detention of shipments. Import shipments into the United States of goods of Iranian origin in violation of §560.201 shall be detained. No such import shall be permitted to proceed, except as specifically authorized by the Secretary of the Treasury. Such shipments shall be subject to licensing, penalties, or seizure and forfeiture action, under the Customs laws or other applicable provisions of law, depending on the circumstances. Subpart H_Procedures §560.801 Licensing. (a) General licenses. General licenses have been issued authorizing under appropriate terms and conditions certain types of transactions which are subject to the prohibitions contained in Subpart B of this part. All such licenses are set forth in Subpart E of this part. It is the policy of the Office of Foreign Assets Control not to grant applications for specific licenses authorizing transactions to which the provisions of an outstanding general license are applicable. Persons availing themselves of certain general licenses may be required to file reports and statements in accordance with the instructions specified in those licenses. (b) Specific licenses -- (1) General course of procedure. Transactions subject to the prohibitions contained in Subpart B of this part which are not authorized by general license may be effected only under specific licenses. (2) Applications for specific licenses. Applications for specific licenses to engage in any transactions prohibited by or pursuant to this part may be filed by letter with the Office of Foreign Assets Control. Any person having an interest in a transaction or proposed transaction may file an application for a license authorizing such transaction, but the applicant for a specific license is required to make full disclosure of all parties in interest to the transaction so that a decision on the application may be made with full knowledge of all relevant facts and so that the identity and location of the persons who know about the transaction may be easily ascertained in the event of inquiry. (3) Information to be supplied. The applicant must supply all information specified by relevant instructions, and must fully disclose the names of all the parties who are concerned with or interested in the proposed transaction. If the application is filed by an agent, the agent must disclose the name of his principal(s). Such documents as may be relevant shall be attached to each application as a part of such application except that documents previously filed with the Office of Foreign Assets Control may, where appropriate, be incorporated by reference. Applicants may be required to furnish such further information as is deemed necessary to a proper determination by the Office of Foreign Assets Control. Any applicant or other party in interest desiring to present additional information concerning the application may do so at any time. Arrangements for oral presentation may be made with the Office of Foreign Assets Control. (4) Effect of denial. The denial of a license does not preclude the reopening of an application or the filing of a further application. The applicant or any other party in interest may at any time request explanation of the reasons for a denial by correspondence or personal interview. (5) Reports under specific licenses. As a condition upon the issuance of any license, the licensee may be required to file reports with respect to the transaction covered by the license, in such form and at such times and places as may be prescribed in the license or otherwise. (6) Issuance of license. Licenses will be issued by the Office of Foreign Assets Control acting on behalf of the Secretary of the Treasury, acting in accordance with such regulations, rulings and instructions as the Secretary of the Treasury or the Office of Foreign Assets Control may from time to time prescribe, or licenses may be issued by the Secretary of the Treasury acting directly or through any specifically designated person, agency, or instrumentality. (c) Address. License applications, reports, and inquiries should be addressed to the appropriate section or individual within the Office of Foreign Assets Control, or to its Director, at the following address: Office of Foreign Assets Control, U.S. Department of the Treasury, 1500 Pennsylvania Avenue, NW., Washington, DC 20220. [52 FR 44076, Nov. 17, 1987, as amended at 57 FR 1390, Jan. 14, 1992] §560.802 Decisions.The Office of Foreign Assets Control will advise each applicant of the decision respecting filed applications. The decision of the Office of Foreign Assets Control acting on behalf of the Secretary of the Treasury with respect to an application shall constitute final agency action. [52 FR 44076, Nov. 17, 1987, as amended at 57 FR 1390, Jan. 14, 1992] §560.803 Amendment, modification, or revocation.The provisions of this part and any rulings; licenses, whether general or specific; authorizations; instructions; orders; or forms issued hereunder may be amended, modified, or revoked at any time.§560.804 Rulemaking.(a) All rules and other public documents are issued by the Secretary of the Treasury upon recommendation of the Director of the Office of Foreign Assets Control. In general, rulemaking by the Office of Foreign Assets Control involves foreign affairs functions of the United States, and for that reason is exempt from the requirements under the Administrative Procedure Act (5 U.S.C. 553) for notice of proposed rulemaking, opportunity for public comment, and delay in effective date. Wherever possible, however, it is the practice of the Office of Foreign Assets Control to receive written submissions or hold informal consultations with interested parties before the issuance of any rule or other public document. (b) Any interested person may petition the Director of the Office of Foreign Assets Control in writing for the issuance, amendment, or repeal of any rule. §560.805 Delegation by the Secretary of the Treasury.Any action which the Secretary of the Treasury is authorized to take pursuant to Executive Order No. 12613 or section 505 of the Act may be taken by the Director, Office of Foreign Assets Control, or by any other person to whom the Secretary of the Treasury has delegated authority so to act. §560.806 Customs procedures: Goods specified in §560.201.(a) With respect to goods specified in §560.201, and not otherwise licensed or excepted from the scope of that section, appropriate Customs officers shall not accept or allow any:(1) Entry for consumption or warehouse (including any appraisement entry, any entry of goods imported in the mails, regardless of value, and any informal entries);(2) Entry for immediate exportation;(3) Entry for transportation and exportation;(4) Withdrawal from warehouse; (5) Admission, entry, transfer or withdrawal to or from a foreign trade zone; or (6) Manipulation or manufacture in a warehouse or in a foreign trade zone. (b) Customs officers shall accept or allow the importation of Iranian-origin goods under the procedures listed in subsection (a) if: (1) The merchandise was imported prior to 12:01 p.m., October 29, 1987, (2) A specific license pursuant to this part is presented, or (3) Instructions authorizing the transaction are received from the Office of Foreign Assets Control. (c) Whenever a specific license is presented to an appropriate Customs officer in accordance with this section, one additional legible copy of the entry, withdrawal or other appropriate document with respect to the merchandise involved shall be filed with the appropriate Customs officers at the port where the transaction is to take place. Each copy of any such entry, withdrawal or other appropriate document, including the additional copy, shall bear plainly on its face the number of the license pursuant to which it is filed. The orignial copy of the specific license shall be presented to the appropriate Customs officers in respect of each such transaction and shall bear a notation in ink by the licensee or person presenting the license showing the description, quantity and value of the merchandise to be entered, withdrawn or otherwise dealt with. This notation shall be so placed and so written that there will exist no possibility of confusing it with anything placed on the license at the time of its issuance. If the license in fact authorizes the entry, withdrawal, or other transaction with regard to the merchandise, the appropriate Customs officer, or other authorized Customs employee, shall verify the notation by signing or initialing it after first assuring himself that it accurately describes the merchandise it purports to represent. The license shall thereafter be returned to the person presenting it and the additional copy of the entry, withdrawal or other appropriate document shall be forwarded by the appropriate Customs officer to the Office of Foreign Assets Control. (d) If it is unclear whether an entry, withdrawal or other action affected by this section requires a specific Foreign Assets Control license, the appropriate Customs officer shall withhold any action thereon and shall advise such person to communicate directly with the Office of Foreign Assets Control, to request that instructions be sent to the Customs officer to authorize him to take action with regard thereto. [52 FR 44076, Nov. 17, 1987, as amended at 57 FR 1390, 1391, Jan. 14, 1992] §560.807 Rules governing availability of information.(a) The records of the Office of Foreign Assets Control required by the Freedom of Information Act (5 U.S.C. 552) to be made available to the public shall be made available in accordance with the definitions, procedures, requirements for payment of fees, and other provisions of the Regulations on the Disclosure of Records of the Departmental Offices and of other bureaus and offices of the Department of Treasury issued under 5 U.S.C. 552 and published in part 1 of this title. (b) The records of the Office of Foreign Assets Control required by the Privacy Act (5 U.S.C. 552a) to be made available to an individual shall be made available in accordance with the definitions, procedures, requirements for payment of fees, and other provisions of the Regulations on Disclosure of Records of the Departmental Offices and of other bureaus and offices of the Department of the Treasury issued under 5 U.S.C. 552a and published in part 1 of this title. (c) Any form used in connection with the Iranian Transaction Regulations may be obtained in person from or by writing to the Office of Foreign Assets Control, U.S. Department of the Treasury, 1500 Pennsylvania Avenue, NW., Washington, DC 20220. [57 FR 1391, Jan. 14, 1992] Subpart I_Paperwork Reduction Act §560.901 Paperwork Reduction Act Notice. The information collection requirements in §§560.601, 560.602, and 560.801 have been approved by the Office of Management and Budget and assigned control number 1505 - 0106. [53 FR 37556, Sept. 27, 1988]