Increased Controls of Exports Destined to Russia or Belarus

Jan. 26, 2024
By: Marvin E. McPherson

BIS continues to monitor exports that enable advisories to continue their aggression towards the United States and its allies. In lock step with the last two years, we are likely to see more restrictions on items exported in particular to Russia and China. As remarked in a speech, Assistant Secretary for Export Enforcement Matthew S. Axelrod stated that “a critical part of our overall national resilience now rests both on our ability to innovate new technologies and on our ability to protect these technologies from being used – or misused – by our adversaries.” Assistant Secretary Axelrod’s remarks further emphasized the use of new resources to review and enforce the illicit export of dual use items.

Apart of its review of items that are being “used – or misused” by Russian and Belarusian aggressors, BIS announced expansions to the scope of items that require a license for export to Russian and Belarus by adding an additional 94 6-digit HTS codes to Supplemental No. 4 Part 746.  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). This list includes restrictions on items that may be EAR99, however, if the HTS has been identified in Supplement No. 4, a license is required.

Additionally, BIS removed the use of de minimis treatment of “600 series” .y and 9×515 items when incorporated into foreign-made items for export from abroad or reexport to Russia or Belarus. This brings additional foreign-made military and spacecraft items within the scope of the EAR.

If you have any questions surrounding the expanded restrictions of exports to Russian or Belarus, please contact any attorney at Barnes Richardson and Colburn.