Common High Priority List
(February 23, 2024)
Since February 24, 2022, the Department of Commerce’s Bureau of Industry and Security (BIS) has implemented a series of stringent export controls that restrict Russia’s access to the technologies and other items that it needs to sustain its brutal attack on Ukraine. These restrictions also apply to Belarus in response to its substantial enabling of Russia’s destabilizing conduct.
While BIS’s controls cover a vast array of items necessary to fuel Russia’s war machine, certain items are more significant to Russian weaponry than others. Working with the European Union, Japan, and the United Kingdom, BIS has developed the Common High Priority List (CHPL), which includes 50 items identified by six-digit Harmonized System (HS) Codes that Russia seeks to procure for its weapons programs. In this notice, BIS is publicizing these 50 common high priority items to highlight for industry that these items pose a heightened risk of being diverted illegally to Russia because of their importance to Russia’s war efforts. The list may be updated periodically as new information becomes available.
Common High Priority Items List
The CHPL is divided into four tiers.
· Tier 1: Items of the highest concern due to their critical role in the production of advanced Russian precision-guided weapons systems, Russia’s lack of domestic production, and limited global manufacturers.
· Tier 2: Additional electronics items for which Russia may have some domestic production capability but a preference to source from the United States and its partners and allies.
· Tier 3.A: Further electronic components used in Russian weapons systems, with a broader range of suppliers.
· Tier 3.B: Mechanical and other components utilized in Russian weapons systems.
· Tier 4.A: Manufacturing, production and quality testing equipment for electric components, circuit boards and modules.
· Tier 4.B: Computer Numerically Controlled (CNC) machine tools and components.
Within the CHPL, BIS has prioritized the nine HS codes in Tier 1 and Tier 2—covering items such as integrated circuits and radio frequency (RF) transceiver modules—that have extensive commercial applications but have also been found in Russian missiles and drones on the battlefield in Ukraine. Taken together, items in Tiers 1 and 2 are subject to the most comprehensive controls under the Export Administration Regulations (15 CFR Parts 730 – 774) (EAR) (see, e.g., the controls on foreign produced items described in § 734.9 of the EAR ). Items in Tiers 1 and 2 have been described in previous notices issued by the U.S. government (see below).
The items in these 50 HS codes include both lower technology items designated EAR99, as well as more sensitive items on the Commerce Control List (supp. no. 1 to part 774 of the EAR ) (CCL), including items designated under Export Control Classification Numbers (ECCNs), 2A001, 2A101, 2A991, 2B001, 2B002, 2B003, 2B201, 2B991, 2B992, 2B993, 2B998, 3A001, 3A002, 3A090, 3A991, 3A992, 3B001, 3B991, 3B992, 5A001, 5A991, 6A002, 6A003, 6A993, 7A003, 7A994, and 9A991.
TIER 1
|
HS Code
|
HS Description and Representative Part
|
|
8542.31 |
Electronic integrated circuits: Processors and controllers, whether or not combined with memories, convertors, logic circuits, amplifiers, clock and timing circuits, or other circuits |
|
8542.32 |
Electronic integrated circuits: Memories |
|
8542.33 |
Electronic integrated circuits: Amplifiers |
|
8542.39 |
Electronic integrated circuits |
TIER 2
TIER 3.A
|
HS Code
|
HS Description and Representative Part
|
|
8471.50 |
Processing units other than those of subheading 8471.41 or 8471.49, whether or not containing in the same housing one or two of the following types of unit: storage units, input units, output units |
|
8504.40 |
Electrical transformers, static convertors (for example, rectifiers) and inductors; part thereof: Static convertors |
|
8517.69 |
Other apparatus for the transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network |
|
8525.89 |
Television cameras, digital cameras and video camera recorders |
|
8529.10 |
Parts suitable for use solely or principally with the apparatus of headings 8524 to 8528; Antennas and antenna reflectors of all kinds; parts suitable for use therewith |
|
8529.90 |
Parts suitable for use solely or principally with the apparatus of headings 8524 to 8528: Other |
|
8536.69 |
Coaxial connectors; cylindrical multicontact connectors; rack and panel connectors; printed circuit connectors; ribbon or flat cable connectors; other |
|
8536.90 |
Electrical apparatus for switching or protecting electrical circuit, or for making connections to or in electrical circuits: Other apparatus |
|
8541.10 |
Diodes, other than photosensitive or light-emitting diodes (LED) |
|
8541.21 |
Transistors, other than photosensitive, with a dissipation rate of less than 1W |
|
8541.29 |
Transistors, other than photosensitive not elsewhere specified |
|
8541.30 |
Thyristors, diacs and triacs, excluding photosensitive semiconductor devices |
|
8541.49 |
Photosensitive semiconductor devices, excluding photovoltaic generators and cells |
|
8541.51 |
Semiconductor-based transducers |
|
8541.59 |
Semiconductor devices not elsewhere specified |
|
8541.60 |
Mounted piezo-electric crystals |
TIER 3.B
|
HS Code
|
HS Description and Representative Part
|
|
8482.10 |
Ball bearings |
|
8482.20 |
Tapered roller bearings, including cone and tapered roller assemblies |
|
8482.30 |
Spherical roller bearings |
|
8482.50 |
Other cylindrical roller bearings, including cage and roller assemblies |
|
8807.30 |
|
|
9013.10 |
Telescopic sights for fitting to arms; periscopes; telescopes designed to form parts of machines, appliances, instruments or apparatus of this chapter or Section XVI |
|
9013.80 |
Other optical devices, appliances and instruments not elsewhere specified |
|
9014.20 |
Instruments and appliances for aeronautical or space navigation (other than compasses) |
|
9014.80 |
Other navigational instruments and appliances |
TIER 4.A
|
HS Code
|
HS Description and Representative Part
|
|
8471.80 |
Units for automatic data-processing machines excluding processing units, input or output units and storage units |
|
8486.10 |
Machines and apparatus for the manufacture of boules or wafers |
|
8486.20 |
Machines and apparatus for the manufacture of semiconductor devices or of electronic integrated circuits |
|
8486.40 |
Machines and apparatus for the manufacture or repair of masks and reticles; for assembling semiconductors devices; for lifting, handling, loading or unloading of semi-conductor devices |
|
8534.00 |
Printed circuits |
|
8543.20 |
Signal generators |
|
9027.50 |
Other instruments and apparatus using optical radiations (ultraviolet, visible, infrared) |
|
9030.20 |
Oscilloscopes and oscillographs |
|
9030.32 |
Multimeters with recording device |
|
9030.39 |
Instruments and apparatus for measuring or checking voltage, current, resistance or electrical power, with recording device |
|
9030.82 |
Oscilloscopes, spectrum analyzers and other instruments and apparatus for measuring or checking electrical quantities, for measuring or checking semiconductor wafers or devices |
TIER 4.B
|
HS Code
|
HS Description and Representative Part
|
|
8457.10 |
Machining centers for working metal |
|
8458.11 |
Horizontal lathes for removing metal, numerically controlled |
|
8458.91 |
Lathes, excluding horizontal, for removing metal, numerically controlled |
|
8459.61 |
Milling machines, not knee type, for removing metal, numerically controlled |
|
8466.93 |
Parts and accessories for machine tools, for laser operation, metalworking machining centers, lathes and drilling machines, etc., not specified or included elsewhere |
Russia’s efforts to procure high priority items create significant risks that persons both inside the United States and globally may become (even inadvertently) entangled in violations of U.S. export controls and sanctions laws, resulting in potentially significant civil or criminal liability. Foreign parties engaged in activity contrary to U.S. foreign policy and national security interests may also be added to BIS’s Entity List (Supplement No. 4 to part 744 of the EAR ) or OFAC’s Specially Designated Nationals and Blocked Persons (SDN) List . Russia routinely relies on evasive or deceptive tactics, such as the use of third-party intermediaries or transshipment points, to disguise the involvement of parties on the Entity List or SDN List in transactions and obscure the true identities of Russian end users, thereby circumventing restrictions. It is critical that exporters and reexporters (such as manufacturers, distributors, and resellers) as well as their service providers (such as financial institutions, logistics companies, transportation providers, and freight forwarders) are aware of the export control risks posed by Russia’s procurement efforts and adopt appropriate measures to counteract such risks.
Relation to Other Guidance Published by BIS and other U.S. Government Departments and Agencies
This list complements prior guidance issued by BIS and other U.S. Government departments and agencies on items sought by Russia, Belarus, and Iran, including guidance tailored to exporters and reexporters as well as guidance tailored to financial institutions. To date, this guidance has included:
· FinCEN & BIS Joint Notice : FinCEN and the U.S. Department of Commerce’s Bureau of Industry and Security Announce New Reporting Key Term and Highlight Red Flags Relating to Global Evasion of U.S. Export Controls (November 6, 2023)
· Alert : FinCEN and the U.S. Department of Commerce’s Bureau of Industry and Security Urge Increased Vigilance for Potential Russian and Belarusian Export Control Evasion Attempts (June 28, 2022).
· BIS frequently asked questions for exporters on the commodities and red flags identified in the June 28, 2022 FinCEN alert (August 16, 2022).
· Department of Commerce, Department of the Treasury, and Department of Justice Tri-Seal Compliance Note : Cracking Down on Third-Party Intermediaries Used to Evade Russia-Related Sanctions and Export Controls (March 2, 2023).
· Supplemental Alert : FinCEN and the U.S. Department of Commerce’s Bureau of Industry and Security Urge Continued Vigilance for Potential Russian Export Control Evasion Attempts on the highest priority nine HS codes (May 19, 2023).
· BIS guidance on these same nine highest-priority HS codes for exporters and reexporters, including manufacturers, distributors, resellers, and freight forwarders (May 19, 2023).
· Department of Commerce, Department of Justice, Department of State, and Department of the Treasury guidance on items sought by Iran for the production of Unmanned Aerial Vehicles (UAVs), including to enable Russia’s brutal war against Ukraine (June 9, 2023).
The guidance listed above provides information on evasion trends and fact patterns and identifies transactional and behavioral red flags to assist financial institutions and exporters in identifying suspicious transactions relating to possible export control evasion or violations.
U.S. DEPARTMENT OF COMMERCE
BUREAU OF INDUSTRY AND SECURITY
RESOURCES ON EXPORT CONTROLS IMPLEMENTED IN RESPONSE TO RUSSIA’S INVASION OF UKRAINE
Updated February 23, 2024
In response to the Russian Federation’s (Russia’s) invasion of Ukraine, the Bureau of Industry and Security (BIS) has taken swift and severe action to impose stringent export controls on Russia. These restrictions have also been applied to Belarus in response to its substantial enabling of Russia’s invasion.
The actions taken by BIS build on existing restrictions in place on Russia since its occupation of Crimea in 2014 and for other purposes. Certain of these restrictions remain in effect; others have been expanded in scope as a result of the recent actions. In particular, BIS has imposed controls on a range of items subject to the Export Administration Regulations (EAR) that did not previously require export licenses when destined for Russia. BIS has also imposed similarly stringent controls on items subject to the EAR that are destined for Belarus. Notably, both countries have been made subject to broad in-country transfer controls.
The information provided on this page is updated as events warrant. Readers should review the final rules and other legal documents in their entirety for all relevant requirements.
CURRENT PRESS RELEASES
Note: Where appropriate/relevant press releases include links to Federal Register Notices and other helpful material.
o February 23, 2024: Commerce Stands Strong with Ukraine, Takes Further Action Against Ongoing Russian Aggression https://www.bis.doc.gov/index.php/component/docman/?task=doc_download&gid=3452
o February 23, 2024: Russia Export Controls Communique https://www.bis.doc.gov/index.php/component/docman/?task=doc_download&gid=3450
o February 20, 2024: Readout of Assistant Secretary Matthew Axelrod’s Participation in the 2024 Munich Security Conference https://www.bis.doc.gov/index.php/component/docman/?task=doc_download&gid=3447
o January 23, 2024: Commerce Strengthens Controls Against Russia and Belarus in Response to Russia's Continued War Against Ukraine https://www.bis.doc.gov/index.php/component/docman/?task=doc_download&gid=3439
o November 6, 2023: FinCEN and the U.S. Department of Commerce’s Bureau of Industry and Security Announce New Reporting Key Term and Highlight Red Flags Relating to Global Evasion of U.S. Export Controls https://www.bis.doc.gov/index.php/component/docman/?task=doc_download&gid=3380
o October 6, 2023: Commerce Adds 49 Entities To The Entity List For Providing support To Russia’s Military And/or Defense Industrial Base https://www.bis.doc.gov/index.php/component/docman/?task=doc_download&gid=3349
o September 28, 2023: Bureau Of Industry And Security Issues Best Practice Guidance To help Prevent High-priority Items From Being Diverted To Russia https://www.bis.doc.gov/index.php/component/docman/?task=doc_download&gid=3342
o September 26, 2023: United States-Australia-Canada-New Zealand-United Kingdom Release Joint Guidance On Countering Russia Evasion https://www.bis.doc.gov/index.php/documents/about-bis/newsroom/press-releases/3337-final-2023-09-22-bis-press-release-quint-seal-ee-ocpa-clean-ajb-osb/file
o September 25, 2023: Commerce Adds 28 Entities To Entity List For Conspiracy To Violate U.S. Export Controls And Other Activities Contrary To U.S. National Security Interests https://www.bis.doc.gov/index.php/documents/about-bis/newsroom/press-releases/3335-2023-09-25-bis-release-28-entity-list-additions/file
o September 19, 2023: Commerce, International Partners Continue Coordination in Response to Russia's Illegal Invasion of Ukraine https://www.bis.doc.gov/index.php/documents/about-bis/newsroom/press-releases/3332-2023-09-14-bis-press-release-quad-meeting-hs-code-update-final/file
o September 18, 2023: Russian International Money Launderer Arrested for Illicitly Procuring Large Quantities of U.S.-Manufactured Dual-Use Military Grade Microelectronics for Russian Elites https://www.justice.gov/opa/pr/russian-international-money-launderer-arrested-illicitly-procuring-large-quantities-us
o August 31, 2023: BIS Issues Temporary Denial Order in Support of Strike Force Case Against Russian National For Illegally Exporting Sensitive U.S.-Sourced Micro-Electronics with Military Applications to Russia https://www.bis.doc.gov/index.php/documents/about-bis/newsroom/press-releases/3324-2023-08-31-bis-press-release-petrov-tdo/file
o July 19, 2023: Russia, Belarus, and Occupied/Covered Regions of Ukraine Best Practices for License Applications for Medical-related Items https://www.bis.doc.gov/index.php/documents/product-guidance/3300-russia-medical-related-license-application-guidance-fpd-final-incorp-occ-and-3f-cmts-clean-071323/file
o June 09, 2023: Commerce, Justice, State, and Treasury Departments issue advisory providing guidance to industry on Iran's Unmanned Aerial Vehicle (UAV)-related activities http://www.bis.doc.gov/index.php/documents/about-bis/newsroom/press-releases/3286-quad-seal-advisory/file
o June 09, 2023: BIS Issues Temporary Denial Order In Support Of Strike Force Case Against Defense Conglomerate Allegedly Providing Support To Russian Intelligence Services http://www.bis.doc.gov/index.php/documents/about-bis/newsroom/press-releases/3285-2023-06-09-bis-press-release-aratos-tdo-final/file
o May 19, 2023: Commerce Expands and Aligns Restrictions with Allies and Partners and Adds 71 Entities to Entity List in Latest Response to Russia’s Invasion of Ukraine https://www.bis.doc.gov/index.php/documents/about-bis/newsroom/press-releases/3273-2023-05-19-bis-press-release-russia-rules-and-joint-bis-fincen-alert/file
o May 16, 2023: BIS Takes Action Against Companies and Individuals for Attempting to Divert Eletronics and Aircraft Parts to Russia: Press Release
o April 27, 2023: READOUT: Senior Treasury and Commerce Department Officials Travel to Kazakhstan https://home.treasury.gov/news/press-releases/jy1445
o February 24, 2023: Commerce Imposes Additional Export Restrictions in Response to Russia’s Brutal War on Ukraine http://www.bis.doc.gov/index.php/documents/about-bis/newsroom/press-releases/3227-2023-02-24-bis-press-release-additional-russia-invasion-response-actions/file
o January 31, 2023: Commerce Restricts Foreign-Made Components to Seven Iranian Entities Supplying Drones Used by Russia to Attack Ukraine: Press Release
Click Here for 2022 Press Releases
FREQUENTLY ASKED QUESTIONS (FAQs)
In response to the Russian Federation’s (Russia’s) further invasion of Ukraine, the U.S. Department of Commerce, Bureau of Industry and Security (BIS) has taken swift and severe action to impose stringent export controls on Russia. These restrictions have also been applied to Belarus in response to its substantial enabling of Russia’s invasion.
The action taken by BIS builds on existing restrictions in place on Russia since its occupation of Crimea in 2014 and for other purposes. Certain of these restrictions remain in effect; others have been expanded in scope as a result of Russia’s recent invasion and ongoing destabilizing conduct in Ukraine. BIS has also imposed similarly stringent controls on items subject to the Export Administration Regulations (EAR) (15 CFR parts 730-774) that are destined for Belarus.
In particular, effective April 8, 2022, all items on the Commerce Control List (CCL) require export licenses when destined for Russia or Belarus. Notably, the new license requirements also apply to in-country transfers within Russia and Belarus. Additionally, certain foreign-produced items are now subject to two Foreign Direct Product (FDP) rules and related license requirements that are specific to Russia and Belarus.
U.S. Persons providing services in Russia and Belarus or contemplating business generally involving either destination should also review the prohibitions on transactions involving Russia and Belarus under the regulations of the U.S. Department of the Treasury, Office of Foreign Assets Control (OFAC).
These FAQs are organized under the following subject headings. BIS will continue to update these documents:
o Applicable License Requirements
o License Application Review Policy
o Foreign Direct Product (FDP) and De Minimis Rules
o Country Group and Country Chart Changes
o Commodity, End-user, and Transshipment Country Red Flags
o Third Country Application of Controls
Fact Sheets, Presentations, Speeches & Testimony
o July 19, 2022,Under Secretary Alan Estevez testimony before the United States House of Representatives Committee on Foreign Affairs hearing titled, "Assessing the U.S. Economic Policy Response to Russia's Invasion of Ukraine."
o Link to Under Secretary's testimony: https://go.usa.gov/xhWgv
o Link to video of full hearing: https://go.usa.gov/xhWgV
o July 14, 2022,Under Secretary Alan Estevez testimony before the United States Senate Committee on Banking, Housing, and Urban Affairs hearing titled, "Advancing National Security and Foreign Policy Through Export Controls: Oversight of the Bureau of Industry and Security.
o Link to Under Secretary's testimony: https://go.usa.gov/xhWgZ
o Link to video of full hearing: https://go.usa.gov/xhWgK
o March 8, 2022: Fact Sheet on Russia/Belarus: https://go.usa.gov/xz9ab
o March 17, 2022: Russia-Belarus Savings Clause FAQs https://bis.doc.gov/index.php/component/docman/?task=doc_download&gid=2938
o March 29, 2022: Transcript of Telephonic Press Briefing with U.S. Department of Commerce Deputy Assistant Secretary for Export Administration Matthew Borman https://go.usa.gov/xugUd
o April 21, 2022: Assistant Secretary of Commerce for Export Enforcement Matthew S. Axelrod Remarks to the Ukrainian Congress Committee of America, Illinois Division, on Enforcement Actions to Disrupt Russia's Invasion of Ukraine: https://go.usa.gov/xu85p
COMPLIANCE AND DUE DILIGENCE GUIDANCE AND INFORMATION
The new Russia/Belarus export controls are a real-time response to a fast-moving geopolitical threat to U.S. national security and foreign policy interests.
Taken together, these new controls, implemented through the issuance of amendments to the EAR, place significant restrictions on U.S. exports, re-exports, and in-country transfers, and on products manufactured abroad with U.S. technology or tooling to Russia and that are subject to the EAR. New controls on Belarus target the diversion of items to Russia through Belarus.
BIS will continue to update existing guidance and materials, publish new materials as warranted, and will engage directly with interested stakeholders in a variety of ways.
The following resources are highlighted as a starting point for U.S. exporters and other interested parties seeking additional information on the rules, related compliance efforts, and other matters. These resources are not exhaustive.
· Best Practice: Certification to Prevent Diversion to Russia of Highest Priority Items https://www.bis.doc.gov/index.php/documents/policy-guidance/3339-tent-final-best-practice-customer-certification-v4/file
· Russia Best Practices for Medical-related License Applications guidance: https://www.bis.doc.gov/index.php/documents/policy-guidance/3334-russia-medical-related-license-application-guidance-fpd-final-incorp-occ-and-3f-cmts-clean-071323-1/file
· Guidance on Reexports (Includes links to additional updated guidance on Foreign Direct Product Rules, De Minimis rules, and other related matters): https://www.bis.doc.gov/index.php/licensing/reexports-and-offshore-transactions
· BIS’s Export Compliance Guidance Resource page: https://www.bis.doc.gov/index.php/compliance-a-training/export-management-a-compliance/compliance
· Consolidated Screening List Search Engine: https://www.trade.gov/consolidated-screening-list
· BIS Guidance to Exporters on Priority HS Codes: https://www.bis.doc.gov/index.php/documents/enforcement/3278-bis-guidance-to-prevent-evasion-of-prioritized-harmonized-system-codes-to-russia-final/file
RUSSIAN EVASION TACTICS
· Russia Export Controls--List of 50 Common High-Priority Items, February 2024
· Russia Export Controls – List of Common High-Priority Items
· BIS/OFAC/DOJ Compliance Note
· BIS-FinCEN Joint Alert II (May 2023)
· BIS Guidance to Exporters on Priority HS Codes
ASK QUESTIONS AND CONTACT BIS
BIS is committed to working with U.S. exporters and other stakeholders to answer questions and help ensure compliance with the EAR, including with the new rules related to Russia and Belarus.
The Office of Exporter Services has a variety of resources, seminars, and channels for exporters seeking responses to questions, including:
· BIS’s Seminar Schedule: BIS’s Calendar of Seminars for “Complying with U.S. Export Controls” and other topics is available online here: https://www.bis.doc.gov/index.php/compliance-a-training/current-seminar-schedule
· Email: If contacting the Office of Exporter Services via e-mail, please include a telephone number to facilitate BIS’s response to your request. Specific questions can be emailed to:
o This email address is being protected from spambots. You need JavaScript enabled to view it.
o This email address is being protected from spambots. You need JavaScript enabled to view it.
· Telephone: If you have any questions about export licensing requirements or submitting a license application, you may contact BIS’s Office of Exporter Services at:
o (202) 482-4811 - Outreach and Educational Services Division (located in Washington, DC – open Monday-Friday, 8:30am-5:00pm ET)
o (949) 660-0144 - Western Regional Office (located in Irvine, CA – open Monday-Friday, 8:00am-5:00pm PT)
o (408) 998-8806 - Northern California branch (located in San Jose, CA – open Monday-Friday, 8:00am-5:00pm PT)
· Formal Advisory Opinions:
o Request an Advisory Opinion: https://bis.doc.gov/index.php/component/rsform/form/22-advisory-opinion-request?task=forms.edit
ENFORCEMENT RESOURCES
Effective implementation of the EAR is a shared responsibility, and BIS’s Export Enforcement stands ready to educate and support U.S. exporters and other stakeholders in ensuring compliance and where necessary employing its law enforcement authorities to address illicit activities.
· Information and Guidance on Export Enforcement’s work is available here: https://www.bis.doc.gov/index.php/enforcement
· If you have any concerns about suspicious inquiries that come to your firm, you are encouraged to contact your local BIS Export Enforcement Office: https://www.bis.doc.gov/index.php/enforcement/enforcement-field-offices
· You may also use BIS’s online tip form: https://www.bis.doc.gov/index.php/component/rsform/form/14-reporting-violations-form?task=forms.edit
BIS List of Commercial and Private Aircraft in potential violation of the Export Administration Regulations (EAR)
On March 18, 2022, BIS began public identification of commercial and private aircraft that have flown into Russia in apparent violation of the Export Administration Regulations (EAR). In so doing, BIS is notifying the public that providing any form of service to these aircraft requires authorization. Absent such authorization, any person anywhere—including within Russia—risks violating the EAR and would be subject to BIS enforcement actions which could include substantial jail time, fines, loss of export privileges, or other restrictions. By preventing these aircraft from receiving any service, for example including from abroad, international flights from Russia on these aircraft are effectively grounded. For additional information see announcement press release: https://www.bis.doc.gov/index.php/documents/about-bis/newsroom/press-releases/2935-2022-03-18-bis-list-of-aircraft-violating-the-ear-press-release-final/file
The list has been updated periodically since 2022 and is available:
- Current List As of October 25, 2023
- Full List As of July 20, 2023
- Past BIS List of Commercial and Private Aircraft in potential violation of the Export Administration Regulations (EAR)
REGULATIONS & LEGAL RESOURCES
· BIS Compilation of Federal Register Notices: https://bis.doc.gov/index.php/regulations/federal-register-notices
· National Archives Electronic Code of Federal Regulations: https://www.ecfr.gov/current/title-15/subtitle-B/chapter-VII/subchapter-C
· Unofficial Compilation of Legal Authorities for the Export Administration Regulations as compiled by the Office of the Chief Counsel for Industry and Security: https://bis.doc.gov/index.php/documents/regulations-docs/2263-legal-authority-for-the-export-administration-regulations-1/file
Pursuant to the Trade Sanctions Reform and Export Enhancement Act of 2000, you must sign the contract within 12 months of receiving authorization from the Bureau of Industry and Security (BIS) to export agricultural commodities to Cuba. You have an additional 12 months from the signing of the contract to export the agricultural commodities to Cuba. Alternatively, you may sign the contract before receiving export authorization from BIS, but you are still required to obtain BIS authorization prior to exporting the agricultural commodities and must export them within 12 months of the signing of the contract. However, you are not required to sign a contract for exports to Cuba of agricultural commodities that are donated or commercial samples, but you must still obtain BIS authorization to export them and must do so within 12 months of receiving BIS authorization.
U.S. DEPARTMENT OF COMMERCE
BUREAU OF INDUSTRY AND SECURITY
RESOURCES ON EXPORT CONTROLS IMPLEMENTED IN RESPONSE TO RUSSIA’S INVASION OF UKRAINE
2022 PRESS RELEASES Click here for current Press Releases
Note: Where appropriate/relevant press releases include links to Federal Register Notices and other helpful material.
o February 24, 2022: Commerce Imposes Sweeping Export Restrictions on Russia in Response to Further Invasion of Ukraine: https://go.usa.gov/xzZAe
o March 2, 2022: Commerce Imposes Sweeping Export Restrictions on Belarus for Enabling Russia’s Further Invasion of Ukraine: https://go.usa.gov/xzZAz
o March 4, 2022: Commerce Takes Further Actions to Target Russian Strategic Industries and Punish Enablers of Aggression: https://go.usa.gov/xzZAS
o March 7, 2022: Commerce Announces Republic of Korea Exclusion Rule: https://go.usa.gov/xzk2C and Joint Statement of the Department of Commerce and Republic of Korea: https://go.usa.gov/xzk2E
o March 11, 2022: Commerce Restricts the Export of Luxury Goods to Russia and Belarus and to Russian and Belarusian Oligarchs and Malign Actors in Latest Response to Aggression Against Ukraine: https://go.usa.gov/xz5MP
o March 18, 2022: Commerce Department Identifies Commercial and Private Aircraft Exported to Russia in Apparent Violation of U.S. Export Controls: https://go.usa.gov/xzyCd
o March 30, 2022: Commerce Department Identifies Commercial and Private Aircraft Exported to Russia in Apparent Violation of U.S. Export Controls: https://go.usa.gov/xu3Dm
o April 01, 2022: Commerce Adds 120 Entities in Russia and Belarus to the Entity List, Further Limiting the Russian and Belarusian Militaries’ Access to Items That Support Aggression Against Ukraine: https://go.usa.gov/xu3Dn
o April 07, 2022: BIS Takes Enforcement Actions Against Three Russian Airlines Operating Aircraft In Violation of U.S. Export Controls: https://go.usa.gov/xucvk
o Link to Aeroflot Temporary Denial Order text: https://go.usa.gov/xucsy
o Link to Azur Air Temporary Denial Order text: https://go.usa.gov/xucs7
o Link to UTair Temporary Denial Order text: https://go.usa.gov/xucsk
o April 08, 2022: Commerce Announces Addition of Iceland, Liechtenstein, Norway, and Switzerland to Global Export Controls Coalition: https://go.usa.gov/xucvk
o April 09, 2022: Commerce Department Expands Restrictions on Exports to Russia and Belarus in Response to Ongoing Aggression in Ukraine: https://go.usa.gov/xuczs
o April 14, 2022: Commerce Department Identifies First Belarusian and More Russian Aircraft Exported to Belarus and Russia in Apparent Violation of U.S. Export Controls: https://go.usa.gov/xuTq6
o April 21, 2022: BIS Takes Enforcement Action Against Russian Cargo Airline Operating in Violation of U.S. Export Controls: https://go.usa.gov/xukmj Link to Aviastar Temporary Denial Order: https://go.usa.gov/xukKs
o May 09, 2022: Commerce Increases Restrictions on U.S. Exports to Russian Industrial and Commercial: Press Release
o May 20, 2022: BIS Issues Temporary Denial Order Against Fifth Russian Airline and Names Second Abramovich Aircraft Violating U.S. Exports Controls: Press Release Link to Rossiya Temporary Denial Order Text: https://go.usa.gov/xJgK8
o June 02, 2022: Commerce Revises Russia and Belarus Export Controls, Enhances Transparency of Future Enforcement Proceedings: Press Release
o June 02, 2022: Commerce adds 71 Entities to Entity List in Latest Response to Russia's Invasion of Ukraine: Press Release
o June 02, 2022: Readout of Deputy Secretary Don Graves meeting with European Commission on Export Control Enforcement Coordination: Press Release
o June 06, 2022: BIS Issues Charging Letter Against Roman Abramovich for Violating U.S. Export Controls Related to Flights of his Private Jets: Press Release
o June 07, 2022: U.S. Commerce Department and Canada Border Services Agency Renew Focus on Keeping Sensitive Technologies and Goods Out of Russian Hands: Press Release
o June 16, 2022: BIS Takes Enforcement Action Against Belarusian Airline Operating in Violation of U.S. Export Controls: Press Release Link to Belavia Temporary Denial Order: https://go.usa.gov/xJE8C
o June 24, 2022: BIS Takes Enforcement Action Against Additional Russian Airlines and Updates List of Aircraft Operating in Likely Violation of U.S. Export Controls: Press Release Link to Nordwind Temporary Denial Order: TDO Nordwind Airlines; Link to Pobeda Temporary Denial Order: TDO Pobeda Airlines; Link to S7 Temporary Denial Order: TDO S7 Airlines
o June 28, 2022: Treasury FinCEN and BIS Issue Joint Alert on Potential Russian and Belarusian Export Control Evasion Attempts Hands: Press Release
o June 28, 2022: Commerce Rule Applies Powerful Restrictions Directly on Entities Seeking to Supply Russia’s Military Since Start of Invasion of Ukraine: Press Release
o August 02, 2022: Commerce Department Identifies First Foreign-Produced Commercial Aircraft Exported to Russia in Apparent Violation of U.S. Export Controls: Press Release
o August 12, 2022: Commerce Implements New Multilateral Controls on Advanced Semiconductor and Gas Turbine Engine Technologies: Press Release
o August 25, 2022: Six Months into Russian Invasion, Commerce Actions Making a Difference in Support of Ukrainian People: Press Release
o September 15, 2022: Commerce Takes Further Actions to Expand and Tighten U.S. Export Controls on Russia and Belarus: Press Release
o September 26, 2022: Commerce Identifies 4th Iranian Cargo Plane Owned by Military in Apparent Violation of U.S. Export Controls on Russia: Press Release
o September 30, 2022: Commerce Responds to Russia’s Attempts to Annex Parts of Ukraine: Press Release
o October 14, 2022: Commerce, Treasury, State release joint alert outlining the impact of U.S. sanctions and export controls implemented in response to Russia’s ongoing invasion of Ukraine on the Russian military-industrial complex: Press Release
o October 17, 2022: Commerce Issues Temporary Denial Order Against Ural Airlines for Operating in Apparent Violation of U.S. Export Controls on Russia: Press Release
o December 21, 2022: Commerce Imposes Additional Restrictions on Exports to Wagner Group: Press Release
Both the Department of Commerce’s Bureau of Industry and Security (BIS) and the Department of the Treasury’s Office of Foreign Assets Control (OFAC) administer Cuba sanctions pursuant to the Export Administration Regulations (EAR) (15 C.F.R. Parts 730-774) and the Cuban Assets Control Regulations (CACR) (31 C.F.R. Part 515), respectively. Most export or reexport transactions require general or specific authorizations from both BIS and OFAC. OFAC has issued a general license authorizing all transactions ordinarily incident to the exportation of items from the United States, or the reexportation of 100 percent U.S.-origin items from a third country, to any person in Cuba, provided that the exportation is licensed or otherwise authorized by BIS. See 31 C.F.R. § 515.533. Accordingly, for those BIS-licensed exports or reexports, further OFAC authorization generally is not needed. However, in some cases, a specific license from OFAC may be required in connection with BIS-authorized exports or reexports. For example, although BIS may authorize the export to Cuba of foreign-made items from the United States, persons may require a specific license from OFAC for the initial importation into the United States of items specifically intended for export to Cuba. Additionally, even if BIS has authorized the reexport of items that are not 100 percent U.S.-origin to Cuba, persons subject to U.S. jurisdiction would also require a specific license from OFAC to reexport the items, and OFAC’s consideration of applications for such licenses may be subject to statutory restrictions. See 31 C.F.R. § 515.559.
For additional information regarding BIS’s Cuba sanctions, please visit http://www.bis.doc.gov/cuba. You may also call BIS’s Foreign Policy Division (202-482-4252).
For additional information regarding OFAC’s Cuba sanctions, please visit http://www.treasury.gov/cuba.
You may also call OFAC’s toll free hotline (800-540-6322), its local hotline (202-622-2490), or the Licensing Division (202-622-2480), or send a message to OFAC’s email hotline account (This email address is being protected from spambots. You need JavaScript enabled to view it.).