sanctions iran
Can I hire a resident of Iran in USA to work remotely?
<p>I have a start-up and I want to know if I can hire a ux designer from Iran in my company or not?</p>

<p>Under <a href="https://www.ecfr.gov/cgi-bin/retrieveECFR?gp=&amp;SID=c891bdca5b2da267c9260fccc9c1086f&amp;mc=true&amp;n=pt31.3.560&amp;r=PART&amp;ty=HTML" rel="nofollow noreferrer">US regulations</a> pertaining to Iran sanctions, §560.201,</p>
<blockquote>
<p>Except as otherwise authorized pursuant to this part, and
notwithstanding any contract entered into or any license or permit
granted prior to May 7, 1995, the importation into the United States
of any goods or services of Iranian origin or owned or controlled by
the Government of Iran, <strong>other than information and informational
materials within the meaning of section 203(b)(3) of the International
Emergency Economic Powers Act (<a href="https://www.law.cornell.edu/uscode/text/50/1702" rel="nofollow noreferrer">50 U.S.C. 1702(b)(3)</a>)</strong>, is prohibited.</p>
</blockquote>
<p>where that acts grants the President the authority to regulate various things <em>but</em></p>
<blockquote>
<p>The authority granted to the President by this section does not
include the authority to regulate or prohibit, directly or
indirectly...</p>
<p>the importation from any country, or the exportation to any country,
whether commercial or otherwise, regardless of format or medium of
transmission, of any information or informational materials, including
but not limited to, publications, films, posters, phonograph records,
photographs, microfilms, microfiche, tapes, compact disks, CD ROMs,
artworks, and news wire feeds. The exports exempted from regulation or
prohibition by this paragraph do not include those which are otherwise
controlled for export under section 4604 <a href="https://www.law.cornell.edu/uscode/text/50/4604" rel="nofollow noreferrer">3</a> of this title, or under
section 4605 <a href="https://www.law.cornell.edu/uscode/text/50/4604" rel="nofollow noreferrer">3</a> of this title to the extent that such controls
promote the nonproliferation or antiterrorism policies of the United
States, or with respect to which acts are prohibited by chapter 37 of
title 18</p>
</blockquote>
<p>So information isn't generally regulated, except
potentially under section <a href="https://www.law.cornell.edu/uscode/text/50/4604" rel="nofollow noreferrer">50 USC 4604</a> – which was repealed. For the moment, <a href="https://codes.findlaw.com/us/title-50-war-and-national-defense/50-usc-sect-4604.html" rel="nofollow noreferrer">here</a> is what that law said (huge, not gonna copy). But that doesn't matter too much because the exception to the exception is for exports, not imports: it is legal to import technology into the US. (OTOH, how is it possible to import programs without exporting at least shred of programming technology?)</p>
<p>Also under §560.419</p>
<blockquote>
<p>The prohibitions in §560.201 make it unlawful to hire an Iranian
national ordinarily resident in Iran <strong>to come to the United States</strong>
solely or for the principal purpose of engaging in employment on
behalf of an entity in Iran or as the employee of a U.S. person,
unless authorized pursuant to §560.505. See also §560.418 with respect
to the release of technology and software.</p>
</blockquote>
<p>You cannot bring an Iranian resident to the US for this purpose, unless you get authorization. It does not say you can't pay a guy in Iran to work remotely.</p>
<p>And finally, §560.505 which is about the &quot;authorized  pursuant to&quot; clause:</p>
<blockquote>
<p>The release of technology or software in the United States, or by a
United States person wherever located, to any person violates the
prohibitions of this part if made with knowledge or reason to know the
technology is intended for Iran or the Government of Iran, unless that
technology or software meets the definition of information and
informational materials in §560.315.</p>
</blockquote>
<p>There are other clarificatory notes attached to this section.</p>
<p>Finally, §560.505 explicitly allows importation of certain non-immigrant services, but what you intend doesn't seem to be covered.</p>
<p>So it is not crystal clear, especially since your plan might involve &quot;exporting technology&quot;. It's not safe to interpret these regulations on your own, and you need to hire an attorney who specializes in this area, where you would discuss in detail what you will be &quot;exporting&quot; (even if you don't think it is exporting, it could be <em>legally</em> deemed to be exporting). That, I think, is the main legal issue.</p>
