The Commerce Department’s Bureau of Industry and Security (BIS) has expanded the scope of the EAR’s Russian and Belarusian Industry Sector Sanctions by adding 95 6-digit Harmonized Tariff Schedule (HTS) codes to the list of items requiring a license for export, reexport, or transfer (in-country) to Russia or Belarus.
The expanded list of items includes certain chemicals, lubricants, and metals, and it covers the entirety of Chapter 88 of the HTS (aircraft, spacecraft, and parts thereof), thereby further restricting Russia’s access to inputs for its defense industrial base and better aligning U.S. controls with those implemented by U.S. partners and allies.
The rule also expands controls on certain EAR99 antennas, antenna reflectors, and parts thereof to further restrict these items from going to Iran and Russia, including when produced abroad with U.S. technology or software.
Today’s action also removes the lowest-level military and spacecraft-related items (i.e., .y items) from being eligible for de minimis treatment when incorporated into foreign-made items for export from abroad or reexport to Russia or Belarus.
Finally, the new rule makes several clarifying changes, including by adding an exclusion from BIS license requirements in situations involving transactions that are related to deployments by the Armed Forces of Ukraine to or within the temporarily occupied Crimea region of Ukraine and covered regions of Ukraine.
“Today’s action reflects the U.S. government’s continuing commitment to respond to Russia’s invasion of Ukraine and Belarus’s complicity in the invasion, in concert with our allies and partners in the Global Export Control Coalition,” said Under Secretary of Commerce for Industry and Security Alan F. Estevez. “Russia’s continued aggression against Ukraine undermines global order, peace, and security.”
Amendments to the EAR
The rule strengthens sanctions under the EAR against Russia, Belarus, the occupied Crimea region of Ukraine, and Iran, with key amendments detailed below:
Expansion of Russian and Belarusian Industry Sector Sanctions:
Expansion of License Requirements for Iran, Russia, and Belarus:
Prohibition of De Minimis for Certain Items for Belarus and Russia:
B. Corrections and Clarifications to Existing Controls
Exclusion for Ukrainian Armed Forces:
Clarifications on Controlled U.S.-Origin Content:
Precedence in Licensing Requirements:
Exclusion of Fasteners:
Harmonization of License Exceptions:
Exclusion of Medicines:
Conforming Change for Safety of Flight Applications:
Clarification on Firearms Import Restriction: