BIS Reorganizes Syria Controls in Export Administration Regulations
The Bureau of Industry and Security has issued a final rule, effective December 12, 2011, which amends the Export Administration Regulations (EAR) by moving the substantive provisions of the comprehensive sanctions on Syria from General Order No. 2 in Supplement No. 1 to 15 CFR Part 736 to a revised 15 CFR 746.9. The final rule also makes conforming changes to the Export Administration Regulations. According to BIS, this rule will facilitate compliance with the comprehensive sanctions on Syria.
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Syria Controls Included in 15 CFR Part 746
BIS states that 15 CFR Part 746 addresses embargoes and other special controls and is therefore the most appropriate place for the comprehensive sanctions against Syria. For this reason, 15 CFR Part 746 previously contained a cross reference to the Syria provisions in General Order No. 2 at 15 CFR 746.9. BIS is removing the cross reference and replacing it with the substantive provisions previously set forth in the General Order. As a result, the Syria controls will be included in 15 CFR Part 746 along with the controls applicable to other embargoed and sanctioned countries.
Certain Syria Controls Still in 15 CFR 742.9
As noted below, certain Syria controls continue to be set forth in 15 CFR 742.9, and 15 CFR 746.9 supersedes the substantive provisions of 15 CFR 742.9. These changes will facilitate compliance with the comprehensive U.S. sanctions on Syria.
Although all the substantive provisions from General Order No. 2 are being included in 15 CFR Part 746, BIS is maintaining certain provisions relating to the sanctions against Syria in the General Order at this time because of wording in Executive Order 13338.
Conforming Changes Made to the EAR
This rule also makes conforming changes to the EAR for the amendments to Supplement No. 1 to 15 CFR Part 736, General Order No. 2, and 15 CFR 746.9.
This rule amends 15 CFR 732.1 (Steps overview), 740.2 (Restrictions on all License Exceptions), and 740.9 (Temporary imports, exports, and reexports). Specifically, Syria is now listed in paragraphs 732.1(d)(2), 732.1(d)(3), 732.3(d)(4), 732.3(i), 740.2(a)(6), and 740.9(a)(2).
This rule also amends Section 742.9 (Anti-terrorism: Syria) and Supplement No. 1 to 15 CFR Part 738 -- Commerce Country Chart. Paragraph (e) of 15 CFR 742.9 and the sentence that appears in the entry for Syria in the Commerce Country Chart now direct the public to revised 15 CFR 746.9, which provides export and reexport license requirements, licensing policy and license exceptions as applied to Syria.
Finally, this rule amends the entries on the Commerce Control List in Supplement No. 1 to 15 CFR Part 774 for items controlled by Export Control Classification Numbers 1C350, 1C355 and 1C395. The rule removes a statement in the License Requirements section of those entries that directed exporters to Supplement No. 1 to 15 CFR Part 736 of the EAR for controls on Syria.
BIS contact -- Director, Foreign Policy Division (202) 482-4252
(D/N 110627356-1475-01, FR Pub 12/12/11)