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January 29, 2018

NIAC Seeks Clarification on Postal Service Rejections of Packages to Iran

Washington, DC – Connections between Iranian Americans and their family members in Iran may have hit another roadblock thanks to the Trump Administration. According to numerous complaints received by NIAC, Iranian Americans have had their shipments of personal items to Iran blocked by the U.S. Postal Service and Customs and Border Protection, apparently on the basis that the items lack sufficient approval.

NIAC is contacting relevant agencies to determine if there has been a change to U.S. policy concerning shipping mail to Iran. The rejections of such packages undercut the long-standing U.S. policy of allowing the shipment of personal gifts, remittances and other permitted items to friends and family in Iran.

In a letter sent to Census Bureau, Customs and Border Protection, and the U.S. Postal Service, we highlight that general licenses issued by the Treasury Department permit the export of gifts to Iran under the value of $100 and thus do not require separate authorization. Moreover, it clarifies that separate regulations do not appear to contradict the general license. The letter requests clarification from the agencies as to the regulatory authority under which these authorized exports to Iran are being rejected. NIAC will seek answers and conduct follow-up to resolve this issue that has affected many members of the Iranian-American community.

The text of the letters is below:

January 25, 2018

We are writing on behalf of the National Iranian American Council (“NIAC”) – the largest grassroots organization in the United States representing the interests of Iranian Americans – regarding apparent policy changes at the United States Census Bureau and/or the United States Customs and Border Protection (“CBP”) concerning licensed exports to Iran.  Recently, we have received contact from a number of Iranian Americans detailing CBP and the U.S. Postal Services’s rejection of intended shipments to Iran on the grounds that such shipments lacked an “electronic export information (EEI) filing or exemption per the U.S. Census Bureau.”  In light of the fact that Iranian Americans have been able to ship licensed items to family in Iran for decades without this issue, we request clarification from the relevant U.S. authorities regarding the applicable laws and/or regulations under which this apparent new policy is being promulgated and enforced.

       As an immigrant community to the United States, many Iranian Americans retain close ties to family members and friends based in Iran.  As a result, Iranian Americans habitually send gifts, personal remittances, and other licensed items to families and friends in Iran.  For decades, U.S. policy has facilitated the shipment of such items to Iran, including via general license and statutory exemptions.  U.S. policy has sought to ensure that familial and personal ties between U.S. and Iranian persons are not undermined by the broader disputes in the U.S.-Iran relationship. Iranian Americans have thus been able to ship permissible items to Iran free from the hassle of requiring specific license authorization or other export-related filings.

       However, it appears that there has been a recent shift in U.S. policy.  Many Iranian Americans have contacted us, noting that their shipments to Iran of personal gifts, etc., have been rejected by CBP and the USPS.  This rejection apparently stems from the fact that such shipments lack a validated export license and/or an Electronic Export Information (“EEI”) filing.  As Iranian Americans whose packages have been rejected note, never before have their shipments to Iran been rejected for these reasons, and the burden of having to make an EEI filing to ship gifts to family and friends in Iran is significant enough to erode their willingness to do so.       

       It is unclear the legal basis for this recent shift in U.S. policy.  Most transactions with or otherwise involving Iran are regulated exclusively by the United States Department of the Treasury’s Office of Foreign Assets Control (“OFAC”), which administers and enforces a comprehensive trade and investment embargo with Iran – the prohibitions of which are promulgated via the Iranian Transactions and Sanctions Regulations (“ITSR”), 31 C.F.R. Part 560.  Due to OFAC’s primacy in Iran-related regulatory matters, “if OFAC authorizes an export or re-export [to Iran], such authorization is considered authorization for purposes of the [Export Administration Regulations] as well.”[1]  

       While the ITSR prohibits most transactions with Iran from the United States or by U.S. persons, wherever located, certain categories of transactions are deemed either exempt from the prohibitions as a matter of statute or authorized by OFAC via general license.  For instance, the export from the United States to Iran of certain information and informational materials – including, but not limited to, newspapers, magazines, films, etc. – are exempt from the ITSR’s regulations,[2] while the export from the United States to Iran of goods sent as gifts to persons in Iran are authorized via general license, provided that the value of such gifts is not more than $100 and the gifts are of such type and quantities as normally given as gifts between individuals.[3]  U.S. parties seeking to export items to Iran consistent with applicable exemptions and general licenses promulgated under the ITSR do not require specific authorization from OFAC or any other U.S. regulatory authority prior to the export of such items to Iran.

       It does not appear that regulations promulgated by the U.S. Census Bureau contradict this law.  Indeed, CBP’s own website notes that an EEI filing is required for U.S. exports in two specific cases: (1) where the value of the commodity classified under each individual Schedule B number is over $2,500; and (2) where a validated export license is required to export the commodity.[4]  While we have not received clarification from any of the relevant U.S. agencies regarding the reasoning behind their rejection of lawful U.S. exports to Iran, it appears that such exports are being rejected out of a belief that a validated export license is required to export exempt or licensed goods to Iran.  If true, that would be inconsistent with the plain language of the Census Bureau’s own regulations and would contradict long-standing practice by the relevant agencies permitting Iranian Americans to export licensed goods to Iran absent an EEI filing.

       We thus request clarification as to the regulatory authority under which the Census Bureau, CBP, and the U.S. Postal Service are rejecting authorized exports to Iran.  We trust that this issue can be resolved in a manner that is satisfactory to all relevant parties and that the relevant U.S. agencies can issue a policy statement specific to the Iranian American community regarding the laws and regulations surrounding exports of licensed goods to Iran.  Thank you for your consideration, and we look forward to your response.  

Sincerely,

Jamal Abdi

National Iranian American Council

[1] 15 C.F.R. § 746.7(a)(2).

[2] 31 C.F.R. § 560.210.

[3] 31 C.F.R. § 560.506.

[4]CBP Info Center: When to Apply for an Electronic Export Information (EEI), United States Customs and Border Protection, last updated Sept. 29, 2017, https://help.cbp.gov/app/answers/detail/a_id/292/~/when-to-apply-for-an-electronic-export-information-%28eei%29.

 

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