Iran
License Requirements
A license from BIS is required to export or reexport most items on the Commerce Control List (CCL) to Iran pursuant to Section 746.7 of the EAR. In addition to BIS license requirements, the Department of the Treasury, Office of Foreign Assets Control (OFAC) prohibits unauthorized exports and reexports to Iran of items subject to the Export Administration Regulations pursuant to the Iranian Transactions Sanctions Regulations (ITSR) (31 CFR Part 560).
If OFAC authorized the export or reexport of an item subject to the EAR you are not required to seek separate authorization from BIS to export or reexport that item to Iran. Such OFAC authorization is considered authorization for purposes of the EAR. If an items is subject to the EAR and not subject to OFAC’s ITSR, however, you may need a BIS license to export or reexport that item to Iran.
You will violate the EAR if you export or reexport an items subject to the EAR without a required OFAC authorization, even if the transaction would not have required a license from BIS.
You may need a license from BIS even if you have an authorization from OFAC in certain circumstances. Deemed exports (i.e. transfers of controlled technology and certain software to Iranian nationals in the U.S. or in a third country) will require a BIS license, regardless of OFAC authorization. Separate BIS authorization may also be required for exports or reexports to prohibited persons – specifically persons on BIS’ entity list -- and exports and reexports for prohibited end uses. Please review EAR Part 744 to determine if a BIS license is required in addition to OFAC authorization.
Please visit OFAC’s website for information about how to apply to OFAC for a license to export or reexport to Iran. To assist with the OFAC licensing process, BIS maintains classification guidance for medical devices, medicines, and agricultural commodities. Please note that OFAC may require you to obtain a BIS commodity classification to support an application for certain items.
License Exceptions
No license exceptions may be used for an export or reexport to Iran of items subject to the EAR.
Licensing Policy
Applications for licenses for humanitarian reasons and for the safety of civil aviation and the safe operation of U.S.-origin aircraft will be considered on a case-by-case basis. Licenses for other purposes generally will be denied.
Questions
For questions regarding OFAC-administered sanctions against Iran, please visit OFAC’s website or call 800-540-6322. For questions regarding BIS-administered sanctions, you may contact the Foreign Policy Division at 202-482-4252.
Syria
License Requirements
A license is required to export or reexport all items subject to the Export Administration Regulations (EAR) to Syria of other than food or medicine designated as EAR99, as described in Section 746.9 of the EAR.
License Exceptions
A license exception is a general authorization to export or reexport items without a license under stated conditions. Only the license exceptions, or portions thereof, listed in Section 746.9 of the EAR are available for Syria. You may export or reexport to Syria without an individual validated license if your transaction meets all the applicable terms and conditions of the available license exceptions. To determine the scope and eligibility requirements, you must review the sections or specific paragraphs of Part 740 of the EAR. Read each license exception carefully, as the provisions available for sanctioned countries are generally narrow.
Licensing Policy
There is a general policy of denial for exports and reexports to Syria of items subject to the EAR. However, BIS may review several categories of items on a case-by-case basis, including:
- Medicine on the Commerce Control List (CCL) and medical devices;
- Telecommunications equipment and associated computers, software, and technology; and
- Parts and components intended to ensure the safety of civil aviation and the safe operation of commercial passenger aircraft.
Item-specific Guidance
Food
For the purpose of exports and reexports to Syria, food is defined in Section 772 of the EAR as items that are consumed by and provide nutrition to humans and animals, and seeds, with the exception of castor bean seeds, that germinate into items that will be consumed by and provide nutrition to humans and animals. Examples of "food" include, but are not limited to, processed or unprocessed food items for human consumption, feed, livestock, vitamins, minerals, food additives, dietary supplements and bottled water. Food does not include cigarettes, alcoholic beverages, or gum.
As noted above, EAR99 food does not require a license for export or reexport to Syria.
Medicine and Medical Devices
A license is not required to export or reexport to Syria medicine designated as EAR99. However, a license is required to export or reexport to Syria medicine on the CCL, such as certain vaccines and immunotoxins, and medical devices that are subject to the EAR. Such applications are reviewed on a case-by-case basis when the items will be for the benefit of the people of Syria. This does not extend to applications in support of general research or in support of the Syrian pharmaceutical industry.
For purposes of the EAR, medicines include prescription and over-the-counter medicines for humans and animals. Medical devices include medical supplies, instruments, equipment, equipped ambulances, institutional washing machines for sterilization, and vehicles with medical testing equipment. Note that License Exception Servicing and Replacement of Parts and Equipment (RPL) is not available for Syria. Therefore, an individual validated license is required to export or reexport to Syria replacement parts and components that are subject to the EAR, including for use in medical devices.
Other U.S. Government Agencies
Please be aware that other U.S. Government agencies administer regulations that could also impact your export or reexport transaction. For example, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) maintains certain Syria-related sanctions. Exporters and reexporters are responsible for complying with all applicable regulatory requirements.
Questions
For questions specific to Syria, contact the Foreign Policy Division at 202-482-4252.
Cuba
On August 11, 2021, The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) and the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) issued a fact sheet to emphasize the U.S. government’s commitment to promoting the ability of the Cuban people to seek, receive, and impart information, by highlighting the most relevant exemptions and authorizations pertinent to supporting the Cuban people through the provision of certain internet and related telecommunications services. The fact sheet was issued in response to the Cuban regime’s violent crackdown, including implementing measures to curb the flow of information over the internet, of the July 2021 protests in Cuba. For additional information, please review the fact sheet available here.
The United States maintains a comprehensive embargo on trade with Cuba. The export and reexport to Cuba of items subject to the Export Administration Regulations (EAR) require a BIS license unless authorized by a license exception specified in section 746.2(a)(1) of the EAR or exempted from license requirements in section 746.2(a)(2). The EAR sets forth licensing policy for exports and reexports that generally will be approved, exports and reexports that will be reviewed on a case-by-case basis, and exports and reexports that will generally be denied.
For additional information, please review the BIS rule, Department's press release and BIS’s updated Frequently Asked Questions. For specific questions regarding exports or reexports to Cuba, please contact the Foreign Policy Division at (202) 482-4252.
Licensing Policy
There is a general policy of denial for exports and reexports to Cuba of items subject to the EAR, as described in Section 746.2(b) of the EAR. However, there are exceptions to the general policy of denial, some of which are listed below:
- Medicines and medical devices, whether sold or donated, are generally approved.
- Items to ensure the safety of civil aviation and the safe operation of commercial aircraft engaged in international air transportation are generally approved.
- Items necessary for the environmental protection of U.S. and international air quality, waters and coastlines, including items related to renewable energy or energy efficiency, are generally approved.
- Telecommunications items that would improve communications to, from, and among the Cuban people are generally approved.
- Items to meet the needs of the Cuban people, including items for export or reexport to state-owned enterprises, agencies, and other organizations of the Cuban government that provide goods and services for the use and benefit of the Cuban people, are reviewed on a case-by-case basis.
In addition to authorizations provided under licenses, there are authorizations provided by license exceptions, some of which are described below.
License Exceptions
A license exception is a general authorization to export or reexport certain items without a license under stated conditions. Only the license exceptions, or portions thereof, listed Section 746.2(a)(1) of the EAR are available for Cuba.
You may export or reexport to Cuba without an individual validated license if your transaction meets all the applicable terms and conditions of the available license exceptions. To determine the scope and eligibility requirements, you must review the sections or specific paragraphs of Part 740 of the EAR. Read each license exception carefully, as the provisions available for sanctioned countries are generally narrow.
Support for the Cuban People
License Exception Support for the Cuban People (SCP) (Section 740.21 of the EAR) authorizes the export and reexport of certain items to Cuba that are intended to improve the living conditions, support independent economic activity, strengthen civil society, improve the free flow of information, and facilitate travel and commerce. Items eligible for export and reexport to Cuba pursuant License Exception SCP must be for certain specified end uses and end users and are limited to those designated as EAR99 (i.e., items subject to the EAR but not specified on the Commerce Control List (CCL)) or controlled on the CCL only for anti-terrorism reasons.
Agricultural commodities, medicines, and medical devices are not eligible for any provision of License Exception SCP due to limitations in the Trade Sanctions Reform and Export Enhancement Act of 2000, as amended (22 U.S.C. 7201-7211) and the Cuban Democracy Act of 1992, as amended (22 U.S.C. 6001-6010).
Agricultural Commodities
License Exception Agricultural Commodities (AGR) (Section 740.18 of the EAR) authorizes the export or reexport of U.S.-origin agricultural commodities to Cuba, provided that your transaction meets all of the criteria in Section 740.18(a) of the EAR. Please note that the commodities must meet the definition of “agricultural commodities” in Part 772 of the EAR and must be designated as EAR99. To supplement the definition of “agricultural commodities” in the EAR, the U.S. Department of Agriculture maintains a list of specific commodities that fall within the definition.
Note: You must notify the Bureau of Industry and Security prior to any export or reexport (or prior to the first of multiple shipments) under License Exception AGR. Notifications are submitted through the Simplified Network Application Processing Redesign (SNAP-R) . The U.S. Government has up to 11 business days to review your transaction prior to shipment. Exporters are required to check SNAP-R or the System for Tracking Export License Applications (STELA) prior to shipment to ensure that the U.S. Government has no objections to your proposed transaction. Please refer to Section 740.18(a) of the EAR for additional information regarding the terms and conditions for use of License Exception AGR. For assistance with using SNAP-R to submit AGR notices, please review the SNAP-R Exporter User Manual or call the Office of Exporter Services at (202) 482-4811.
Pursuant to the Trade Sanctions Reform and Export Enhancement Act of 2000, you must sign the contract within 12 months of receiving authorization from 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.
Consumer Communications Devices
License Exception Consumer Communications Devices (CCD) (Section 740.19 of the EAR) authorizes the export and reexport of certain commodities and software to eligible recipients in Cuba. A list of the eligible items is located in Section 740.19(b) of the EAR. Eligible recipients are individuals in Cuba, other than certain Cuban Government and Communist Party officials, and independent non-governmental organizations in Cuba. Organizations administered or controlled by the Cuban Government or the Cuban Communist Party, including schools and hospitals, are not eligible recipients. Note that there are some restrictions on reexports of foreign-produced commodities by U.S.-owned or -controlled entities in third countries.
Gift Parcels
License Exception Gift Parcels and Humanitarian Donations (GFT) (Section 740.12(a) of the EAR) authorizes the export and reexport of certain donated items by an individual (donor), or a forwarding service acting on behalf of the donor, to an eligible recipient (donee). Gift parcels may contain a variety of items, including food, most medicines, medical supplies and devices, certain consumer communications devices, and other items of a type normally exchanged as gifts between individuals, subject to restrictions described in Section 740.12(a) of the EAR. Eligible recipients (donees) are individuals, other than certain Cuban Government or Cuban Communist Party officials, and charitable, educational, and religious organizations in Cuba that are not administered or controlled by the Cuban Government or the Cuban Communist Party. For example, hospitals or schools administered or controlled by the Cuban Government are not eligible recipients.
Donors may send one gift parcel per month per eligible recipient. The combined total domestic retail value of eligible items may not exceed $800 per gift parcel. However, the frequency and value limits do not apply to food donated in gift parcels. Items contained in gift parcels must also be in quantities normally given as gifts between individuals.
Aircraft and Vessels
Flying an aircraft or sailing a vessel to Cuba, even temporarily, constitutes an export or reexport to Cuba. If the aircraft or vessel is subject to the EAR (e.g., those departing from the United States), then BIS authorization is required, either through a license or license exception, to fly/sail to Cuba. Commercial aircraft and cargo vessels on temporary sojourn to Cuba may be eligible for License Exception Aircraft, Vessels, and Spacecraft (AVS) (Section 740.15 of the EAR). Note that all corresponding requirements and criteria must be met in order to be eligible for License Exception AVS.
A BIS license is required for the temporary sojourn to Cuba of non-commercial aircraft and non-cargo vessels, and license applications for those aircraft and vessels are subject to a general policy of denial.
Other U.S. Government Agencies
Please be aware that other U.S. Government agencies administer regulations that could also impact your export or reexport transaction. For example, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) maintains certain Cuba-related sanctions. Exporters and reexporters are responsible for complying with all applicable regulatory requirements.
Foreign-Made Items
Both BIS and OFAC administer Cuba sanctions pursuant to the EAR 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, 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.
Questions
For questions specific to Cuba, contact the Foreign Policy Division at 202-482-4252.
Licensing Policy
North Korea
On September 1, 2020, the United States issued an advisory on North Korea’s ballistic missile procurement activities. The advisory identifies key procurement entities and deceptive techniques used by North Korea's missile program. It also provides an overview of various U.S. sanctions that can be imposed against entities and individuals involved in the DPRK’s proliferation activities, and lists North Korea-related sanctions enforcement resources. The advisory contains annexes listing key items used in the North Korea’s ballistic missile program, as well as persons and entities currently subject to sanctions by the U.S. Government.
2020 North Korea Ballistic Missile Advisory
License Requirements
A license is required for the export or reexport to North Korea of all items subject to the Export Administration Regulations (EAR) other than food or medicine designated as EAR99, as described in Section 746.4 of the EAR.
License Exceptions
A license exception is a general authorization to export or reexport certain items without a license under stated conditions. Only the license exceptions, or portions thereof, listed in Section 746.4(c) of the EAR are available for North Korea. You may export or reexport to North Korea without an individual validated license if your transaction meets all the applicable terms and conditions of the available license exceptions. To determine the scope and eligibility requirements, you must review the sections or specific paragraphs of Part 740 of the EAR (License Exceptions). Read each license exception carefully, as the provisions available for sanctioned countries are generally narrow.
Licensing Policy
As described in Section 746.4(b) of the EAR, license applications for exports and reexports of items subject to the EAR are reviewed on a case-by-case basis, except as follows:
- Humanitarian items intended for the benefit of the North Korean people; items in support of United Nations humanitarian efforts; and agricultural commodities or medical devices that are determined by the U.S. Government not to be luxury goods are subject to a general policy of approval.
- Luxury goods; arms and related materiel; certain items that the United Nations has determined could contribute to North Korea's nuclear-related, ballistic missile-related or other weapons of mass destruction-related programs; and items controlled for Nuclear Proliferation (NP) and Missile Technology (MT) reasons, except items classified under Export Control Classification Number (ECCN) 7A103; and certain additional items on the Commerce Control List (CCL) specified in Section 742.19(b) of the EAR are subject to a general policy of denial.
Item-specific Guidance
Food
For the purpose of exports and reexports to North Korea, food is defined in Section 772 of the EAR as items that are consumed by and provide nutrition to humans and animals, and seeds, with the exception of castor bean seeds, that germinate into items that will be consumed by and provide nutrition to humans and animals. Examples of "food" include, but are not limited to, processed or unprocessed food items for human consumption, feed, livestock, vitamins, minerals, food additives, dietary supplements and bottled water. Food does not include cigarettes, alcoholic beverages, or gum.
Medicine and Medical Devices
A license is not required to export or reexport to North Korea medicine designated as EAR99. However, a license is required to export or reexport to North Korea medicine on the CCL, such as certain vaccines and immunotoxins, and medical devices that are subject to the EAR.
For purposes of the EAR, medicines include prescription and over the counter medicines for humans and animals. Medical devices include medical supplies, instruments, equipment, equipped ambulances, institutional washing machines for sterilization, and vehicles with medical testing equipment. Note that License Exception Servicing and Replacement of Parts and Equipment (RPL) is not available for North Korea. Therefore, an individual validated license is required to export or reexport to North Korea replacement parts and components that are subject to the EAR, including for use in medical devices.
Other U.S. Government Agencies
Please be aware that other U.S. Government agencies administer regulations that could also impact your export or reexport transaction. For example, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) maintains certain North Korea-related sanctions. Exporters and reexporters are responsible for complying with all applicable regulatory requirements.
Questions
For questions specific to North Korea, contact the Foreign Policy Division at 202-482-4252.
Iraq
License Requirements
In addition to license requirements found elsewhere in the EAR, Section 746.3 of the Export Administration Regulations (EAR), imposes special controls and license requirements for exports or reexports to Iraq of the following items:
- Any item subject to the EAR if, at the time of the export, reexport, or transfer, you know or should know the item will be or is intended to be used for a “military end-use” or by a “military end-user”. This license requirement does not apply to exports, reexports, or transfers of items for official use by personnel and agencies of the U.S. Government or exports, reexports, or transfers to the Government of Iraq or the Multinational Force in Iraq.
- Any item controlled on the Commerce Control List (CCL) for National Security (NS), Missile Technology (MT), Nuclear Nonproliferation (NP), Chemical Weapons Convention (CW), Chemical & Biological Weapons (CB), Regional Stability (RS), Crime Control (CC), Encryption Information (EI), Significant Items (SI), or Surreptitious Listening (SL);
- Any item controlled on the CCL for United Nations Embargo (UN) reasons;
- Items on the CCL controlled for RS reasons under the following Export Control Classification Numbers (ECCNs): 0B999, 0D999, 1B999, 1C992, 1C995, 1C997, 1C999 and 6A992.
A BIS license is required to transfer within Iraq any item subject to the EAR exported or reexported pursuant to a specific license issued by the Department of the Treasury prior to July 30, 2004. A license is also required to transfer in-country any items subject to the EAR that were exported under a license exception in the EAR or a general license pursuant to OFAC regulations. Additionally, a license is required for the transfer within Iraq of any item subject to the EAR if it would involve certain prohibited end-use or end-user described in Part 744 of the EAR.
A license is also required for exports, reexports, or transfers of any item subject to the EAR to persons listed in the Annex to Executive Order 13315, as amended (Blocking Property of the Former Iraqi Regime, Its Senior Officials and Their Family Members, and Taking Certain Other Actions), as well as persons subsequently designated by the Secretary of the Treasury pursuant to that executive order. U.S. persons are not required to seek separate BIS authorization for an export, reexport, or transfer to a designated person that has already been authorized by the Department of the Treasury.
License Exceptions
A license exception is an authorization to export or reexport an item without a license under stated conditions. Only the license exceptions, or portions thereof, listed in Section 746.3(c) of the EAR are available for Iraq. You may export or reexport an item to Iraq without an individual validated license if your transaction meets all the applicable terms and conditions of the available license exceptions. To determine the scope and eligibility requirements, you must review the sections or specific paragraphs of Part 740 of the EAR (License Exceptions). Read each license exception carefully, as the provisions available for Iraq may be narrower than other destinations.
Licensing Policy
License applications for the export, reexport, or transfer within Iraq of the following items are reviewed under a general policy of denial:
- Items destined for use in Iraqi civil nuclear or military nuclear activity (except for the use of isotopes for medical, industrial, or agricultural purposes);
- Machine tools controlled for NS or NP reasons, items controlled for CC or UN reasons, or any item controlled under an ECCN ending in the number “018”, that would make a material contribution to the production, research, design, development, support, maintenance, or manufacture of Iraqi weapons of mass destruction, ballistic missiles, or arms and related material;
- Items that will be or intended for military end-use or military end-users as defined in Section 746.3(a)(4);
- Items destined for persons listed on the Annex to Executive Order 13315 (E.O. 13315) or persons designated by the Secretary of the Treasury pursuant to E.O. 13315, unless already authorized by the Department of the Treasury.
Questions
For questions specific to Iraq, contact the Foreign Policy Division at 202-482-4252.