The Bureau of Industry and Security recently launched a landing page for its export control actions against Russia, including relevant fact sheets and guidance. The page also includes agency contact information for industry, a link to request a formal advisory opinion and a list of related regulations and "legal resources." BIS warned that it has imposed controls on a "range of items" subject to the Export Administration Regulations that didn't "previously require export licenses when destined for Russia" and plans to update the page as more restrictions are announced.
The U.S. announced a set of new export controls and sanctions against Russia last week, including new restrictions on luxury goods and full blocking sanctions on Russian government officials and bank executives. The measures, outlined in a March 11 executive order, also include new banking and financing-related restrictions meant to further cut Russia’s economy off from the global financial system and target Russian oligarchs.
The House March 9 passed a government funding bill, including an emergency Ukraine-related aid package for certain U.S. export control and sanctions work.
Even before new sanctions and export controls targeting Russia take full effect, many companies are deciding that compliance and due diligence costs are not worth the potential profits of continued business dealings in Russia and Belarus, former U.S. export control and sanctions officials said, speaking at a Washington International Trade Association panel on March 10.
The Bureau of Industry and Security is preparing to issue new export control decisions involving emerging technologies agreed to at the 2021 Wassenaar Arrangement plenary. The interim final rule, sent for interagency review March 8, will harmonize the Commerce Control List with a portion of Wassenaar’s 2021 decisions for certain “recently developed or developing technologies,” BIS said. BIS will implement the remaining Wassenaar 2021 control decisions in a separate rule.
The Bureau of Industry and Security sent a final rule for interagency review March 8 related to its new export controls over certain cybersecurity items (see 2110200036). BIS in January delayed the effective date for the rule to March 7 (see 2201110025) after receiving feedback from industry, which said the new controls should be tweaked so they don’t impede certain activities in the cybersecurity sector, including information sharing and exports to certain government end-users (see 2112130028). BIS said last month it was planning to make minor revisions to the rule to address some public comments (see 2202100026).
The Commerce Department could impose strict export controls, including through the Entity List, on Chinese companies that violate U.S. export restrictions against Russia, agency officials said this week.
The U.S.’s new Russia export controls could lead to a short-term spike in license applications, but volumes will likely taper off later this year as businesses divest from Russia, said Nazak Nikakhtar, a former senior U.S. export control official.
As global trade restrictions against Russia continue to increase, some companies are grappling with whether to fully exit the Russian market or rely on sanctions screening and temporary carve-outs to keep their operations afloat, lawyers and experts said in interviews this month. But the risks for a majority of businesses are quickly becoming too high, especially as sanctions are expected to grow more punishing.
The Bureau of Industry and Security last week added South Korea to the list of countries that have imposed similar export controls against Russia and are excluded from certain license requirements under the U.S.’s two recently issued foreign direct product rules (see 2202240069). BIS added South Korea to the list because it has committed to “implement substantially similar export controls on Russia and Belarus under its domestic laws,” the agency said March 4. The list, found under supplement No. 3 to part 746 of the Export Administration Regulations, already includes more than 25 countries, including Canada, Australia, Japan and many European nations. The addition of South Korea took effect March 4.