U.S. DEPARTMENT OF COMMERCE
BUREAU OF INDUSTRY AND SECURITY
RESOURCES ON EXPORT CONTROLS IMPLEMENTED IN RESPONSE TO RUSSIA’S INVASION OF UKRAINE
Updated November 6, 2023
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 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, 2021, 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 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.
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· 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
· Current 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