[Code of Federal Regulations]

[Title 31, Volume 3]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 31CFR545.208]



[Page 256-257]

 

                  TITLE 31--MONEY AND FINANCE: TREASURY

 

 CHAPTER V--OFFICE OF FOREIGN ASSETS CONTROL, DEPARTMENT OF THE TREASURY

 

PART 545_TALIBAN (AFGHANISTAN) SANCTIONS REGULATIONS--Table of Contents

 

                         Subpart B_Prohibitions

 

Sec. 545.208  Exempt transactions.



    (a) Personal communications. The prohibitions contained in this part 

do not apply to any postal, telegraphic, telephonic, or other personal 

communication, which does not involve the transfer of anything of value.

    (b) Information or informational materials. (1) The importation from 

any country and the exportation to any country of information or 

informational materials as defined in Sec. 545.305, whether commercial 

or otherwise, regardless of format or medium of transmission, are exempt 

from the prohibitions of this part.

    (2) This section does not exempt from regulation or authorize 

transactions related to information and informational materials not 

fully created and in existence at the date of the transactions, or to 

the substantive or artistic alteration or enhancement of informational 

materials, or to the provision of marketing and business consulting 

services. Such prohibited transactions include, but are not limited to, 

payment of advances for information and informational materials not yet 

created and completed (with the exception of prepaid subscriptions for 

widely-circulated magazines and other periodical publications); 

provision of services to market, produce or co-produce, create, or 

assist in the creation of information or informational materials; and, 

with respect to information or informational materials imported from 

persons whose property and interests in property are blocked pursuant to 

Sec. 545.201 or from the territory of Afghanistan controlled by the 

Taliban, payment of royalties with respect to income received for 

enhancements or alterations made by U.S. persons to such information or 

informational materials.

    (3) This section does not exempt or authorize transactions incident 

to the exportation of software subject to the Export Administration 

Regulations, 15 CFR parts 730-774, or to the exportation of goods, 

technology or software, or to the provision, sale, or leasing of 

capacity on telecommunications transmission facilities (such as 

satellite or terrestrial network connectivity) for use in the 

transmission of any data. The exportation of such items or services and 

the provision, sale, or leasing of such capacity or facilities to a 

person whose property or interests in property are blocked pursuant to 

Sec. 545.201 are prohibited.

    (c) Travel. The prohibitions contained in this part do not apply to 

transactions ordinarily incident to travel to or from any country, 

including exportation or importation of accompanied baggage for personal 

use, maintenance within any country including payment of living expenses 

and acquisition of goods or services for personal use, and arrangement 

or facilitation of such



[[Page 257]]



travel including nonscheduled air, sea, or land voyages.

    (d) Official Business. The prohibitions contained in this part do 

not apply to transactions for the conduct of the official business of 

the United States Government or the United Nations by employees thereof.

    (e) Journalistic Activity. The prohibitions contained in this part 

do not apply to transactions in the territory of Afghanistan controlled 

by the Taliban for journalistic activity by persons regularly employed 

in such capacity by a news-gathering organization.

    (f) Humanitarian donations. The prohibitions contained in this part 

do not apply to donations by U.S. persons of articles, such as food, 

clothing, and medicine, intended to be used to relieve human suffering.