U.S. DEPARTMENT OF COMMERCE
BUREAU OF INDUSTRY AND SECURITY
RESOURCES ON EXPORT CONTROLS IMPLEMENTED IN RESPONSE TO RUSSIA’S INVASION OF UKRAINE
Updated May 19, 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.
PRESS RELEASES
Note: Where appropriate/relevant press releases include links to Federal Register Notices and other helpful material.
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 Electronics And Aircraft Parts To Russia https://www.bis.doc.gov/index.php/documents/about-bis/newsroom/press-releases/3270-2023-05-16-bis-press-release-disruptive-tech-strike-force-announcement/file
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 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
o January 31, 2023: Commerce Restricts Foreign-Made Components to Seven Iranian Entities Supplying Drones Used by Russia to Attack Ukraine: Press Release
o May 16, 2023: BIS Takes Action Against Companies and Individuals for Attempting to Divert Eletronics and Aircraft Parts to Russia: Press Release
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.
· 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
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:
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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):
- Full List As of January 6, 2023: BIS List of Commercial and Private Aircraft_Potential EAR Violations.pdf
- Full List As of March 3, 2023: Click here
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