Background

The U.S. is expanding restrictions on exports to Russia in response to that country’s use of chemical or biological weapons against its own nationals “in flagrant violation of its commitments under the Chemical Weapons Convention.”

Bureau of Industry and Security

Effective March 18, BIS will review under a presumption of denial license applications for exports and reexports of items controlled for national security reasons that are destined for Russia. This policy applies to commercial end-users and civil end-uses in Russia and to state-owned and state-funded enterprises in Russia. In addition, BIS is suspending license exceptions RPL (service and replacement of parts and equipment), TSU (technology and software unrestricted), and APR (additional permissive reexports) for use with items controlled for NS reasons that are destined for Russia.

However, BIS is waiving these sanctions and allowing exports and reexports of items controlled for NS reasons to Russia (consistent with the previous export licensing policy for Russia) in the following circumstances.

- items eligible for license exceptions TMP (temporary imports, exports, reexports, and transfers), GOV (governments, international organizations, international inspections under the CWC, and the International Space Station), BAG (baggage), AVS (aircraft, vessels, and spacecraft), and ENC (encryption commodities, software, and technology)

- items necessary for the safety of flight of civil fixed-wing passenger aviation

- deemed exports and reexports to Russian nationals

- items destined for wholly-owned U.S. subsidiaries and other foreign subsidiaries of U.S. companies located in Russia

- items in support of government space cooperation

- items in support of commercial space launch activities (but only through Sept. 1, after which the new restrictions will apply)

State Department

Also effective March 18, the State Department is adding Russia to the list of countries subject to a policy of denial for exports of defense articles and services (with exceptions for government space cooperation and commercial space launches similar to those allowed by BIS). Russia will thus also be considered to be in country group D:5, which generally limits the availability of license exceptions for exports and reexports of certain items.

For more information on these export restrictions, please contact attorney Kristine Pirnia via email.

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