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RuleSignificant2022-118852022-06-06

Export Administration Regulations: Revisions to Russia and Belarus Sanctions and Related Provisions; Other Revisions, Corrections, and Clarifications

Commerce Department, Industry and Security Bureau

Abstract

Between February and May 2022, the Bureau of Industry and Security (BIS) has published a series of amendments to the Export Administration Regulations (EAR) that have increasingly tightened export controls on the Russian Federation (Russia) and Belarus in response to Russia's further invasion of Ukraine, as substantially enabled by Belarus. This rule revises, corrects, and clarifies certain provisions of the EAR that pertain to these controls and related provisions. First, this rule makes certain revisions to the EAR's military end use and military end user controls as they apply to Russia and Belarus, as well as related modifications to the entries for entities on the Entity List that are Russian and Belarusian military end users. Second, it revises restrictions that apply to items destined for certain regions in Ukraine by clarifying the categories of license applications that BIS subjects to case-by-case review. Third, this rule clarifies and corrects provisions of the EAR that pertain to luxury goods destined for Russia and Belarus and items for use in Russia's oil refinery sector. Fourth, it makes a technical correction to an EAR provision describing items and activities subject to the EAR by adding a cross-reference to the Foreign Direct Product Rules of the EAR, which were updated shortly before the Russia and Belarus export controls were imposed. Finally, with regard to export control enforcement, including enforcement of the Russia and Belarus controls, this rule revises the EAR to allow export enforcement case charging letters to be made available to the public prior to the final administrative disposition of such cases.

Action & Dates

Action
Final rule.
Dates
This rule is effective June 2, 2022.
Effective Date
2022-06-02

CFR References

Topics

Administrative practice and procedureExportsInventions and patentsReporting and recordkeeping requirementsResearchScience and technologyTerrorism

Document Excerpt

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of Commerce Bureau of Industry and Security 15 CFR Parts 734, 740, 744, 746, and 766 [Docket No. 220526-0124] RIN 0694-AI85 AGENCY: Bureau of Industry and Security, Department of Commerce. ACTION: Final rule. SUMMARY: Between February and May 2022, the Bureau of Industry and Security (BIS) has published a series of amendments to the Export Administration Regulations (EAR) that have increasingly tightened export controls on the Russian Federation (Russia) and Belarus in response to Russia's further invasion of Ukraine, as substantially enabled by Belarus. This rule revises, corrects, and clarifies certain provisions of the EAR that pertain to these controls and related provisions. First, this rule makes certain revisions to the EAR's military end use and military end user controls as they apply to Russia and Belarus, as well as related modifications to the entries for entities on the Entity List that are Russian and Belarusian military end users. Second, it revises restrictions that apply to items destined for certain regions in Ukraine by clarifying the ( printed page 34132) categories of license applications that BIS subjects to case-by-case review. Third, this rule clarifies and corrects provisions of the EAR that pertain to luxury goods destined for Russia and Belarus and items for use in Russia's oil refinery sector. Fourth, it makes a technical correction to an EAR provision describing items and activities subject to the EAR by adding a cross-reference to the

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Full Document

Citation: 87 FR 34131