Sanctions database

Countries listed in supplement No. 3 have committed to implementing substantially similar export controls on Russia and Belarus under their domestic laws. Therefore, exports or reexports from the countries described in this supplement No. 3 or transfers (in-country) within the countries are not subject to the license requirements. When a license application is required, it is subject to a general policy of denial but will be subject to case-by-case review for certain circumstances described further in § 746.8(b).

Items requiring a license under these new controls will be reviewed under a licensing policy of denial, except that the following license applications will be reviewed by BIS on a case-by-case basis to determine whether the transaction would benefit the Belarusian government or defense sector or present a risk of diversion to Russia: related to safety of flight or maritime safety; for civil nuclear safety; to meet humanitarian needs; in support of government space cooperation; for companies headquartered in Country Groups A:5 and A:6 to support civil telecommunications infrastructure; involving government-to-government activities.
The Final Rule narrows License Exception ENC for both Belarus and Russia. Specifically, License Exception ENC is now only available for exports and reexports to, and transfers in, Belarus and Russia for a narrower subset of end-users – i.e., (i) civil end-users that are wholly-owned US subsidiaries, (ii) foreign subsidiaries of US companies that are joint ventures with other US companies, (iii) joint ventures of US companies with companies headquartered in countries from Country Group A:5 and A:6 in supplement, (iv) the wholly-owned subsidiaries of companies headquartered in countries from Country Group A:5 and A:6, or (v) joint ventures of companies headquartered in Country Group A:5 and A:6 with other companies headquartered in Country Groups A:5 and A:6 (“Authorized ENC End-Users“).
The final rule specifies that certain license exceptions for transactions involving Russia similarly apply for transactions involving Belarus. Specifically, the license exceptions that now apply to Belarus are: License Exception TMP for items for use by news media; License Exception GOV; License Exception TSU for software updates for civil end users that are subsidiaries or joint of ventures of companies headquartered in the United States or a country or countries from Country Groups A:5 and A:6; License Exception BAG, excluding firearms and ammunition; License Exception AVS (which now excludes any aircraft registered in, owned, or controlled by, or under charter or lease by Russia or a national of Russia); License Exception ENC, with its eligibility being narrowed; License Exception CCD (which previously only included Cuba and Russia, but now also includes Belarus).
License Exception CCD authorizes specific types of consumer communications devices and software subject to the EAR to be exported or reexported to, or transferred in, Russia or Belarus so long as they are either for independent non-governmental organizations or civilians who are not government officials. Editors of state-run media organizations are considered government officials. The types of authorized items under License Exception CCD are those that are controlled for Anti-Terrorism reasons only and that are consumer computers, consumer disk drives, solid state storage equipment, monitors, printers, modems, network access controllers, communications channel controllers, mobile phones, SIM cards, memory devices, consumer information security equipment, peripherals, digital cameras, televisions, radios, recording devices and consumer software (other than encryption source code) for use with such devices. License Exception CCD is not a general carve-out for all types of items that are consumer devices. It applies only to the devices specifically identified in the exception that fall within the scope of the specific ECCNs noted in the exception.

Items requiring a license under these new controls will be reviewed under a licensing policy of denial, except that the following license applications will be reviewed by BIS on a case-by-case basis to determine whether the transaction would benefit the Belarusian government or defense sector or present a risk of diversion to Russia: related to safety of flight or maritime safety; for civil nuclear safety; to meet humanitarian needs; in support of government space cooperation; for companies headquartered in Country Groups A:5 and A:6 to support civil telecommunications infrastructure; involving government-to-government activities.
The Final Rule narrows License Exception ENC for both Belarus and Russia. Specifically, License Exception ENC is now only available for exports and reexports to, and transfers in, Belarus and Russia for a narrower subset of end-users – i.e., (i) civil end-users that are wholly-owned US subsidiaries, (ii) foreign subsidiaries of US companies that are joint ventures with other US companies, (iii) joint ventures of US companies with companies headquartered in countries from Country Group A:5 and A:6 in supplement, (iv) the wholly-owned subsidiaries of companies headquartered in countries from Country Group A:5 and A:6, or (v) joint ventures of companies headquartered in Country Group A:5 and A:6 with other companies headquartered in Country Groups A:5 and A:6 (“Authorized ENC End-Users“).
The final rule specifies that certain license exceptions for transactions involving Russia similarly apply for transactions involving Belarus. Specifically, the license exceptions that now apply to Belarus are: License Exception TMP for items for use by news media; License Exception GOV; License Exception TSU for software updates for civil end users that are subsidiaries or joint of ventures of companies headquartered in the United States or a country or countries from Country Groups A:5 and A:6; License Exception BAG, excluding firearms and ammunition; License Exception AVS (which now excludes any aircraft registered in, owned, or controlled by, or under charter or lease by Russia or a national of Russia); License Exception ENC, with its eligibility being narrowed; License Exception CCD (which previously only included Cuba and Russia, but now also includes Belarus).
License Exception CCD authorizes specific types of consumer communications devices and software subject to the EAR to be exported or reexported to, or transferred in, Russia or Belarus so long as they are either for independent non-governmental organizations or civilians who are not government officials. Editors of state-run media organizations are considered government officials. The types of authorized items under License Exception CCD are those that are controlled for Anti-Terrorism reasons only and that are consumer computers, consumer disk drives, solid state storage equipment, monitors, printers, modems, network access controllers, communications channel controllers, mobile phones, SIM cards, memory devices, consumer information security equipment, peripherals, digital cameras, televisions, radios, recording devices and consumer software (other than encryption source code) for use with such devices. License Exception CCD is not a general carve-out for all types of items that are consumer devices. It applies only to the devices specifically identified in the exception that fall within the scope of the specific ECCNs noted in the exception.