Commerce, State Implement Increased Export Restrictions for Russia
The U.S. issued a series of increased export controls against Russia for the poisoning of Russian political opposition leader Alexei Navalny, including tighter restrictions on license exceptions and national security-controlled goods. The restrictions, first announced earlier this month (see 2103020067) but outlined in more detail in notices released March 17, will introduce new conditions and restrictions over sensitive exports to Russia and end certain U.S. arms sales to the county, the Commerce and State departments said. The restrictions take effect March 18.
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Commerce confirmed it will impose a review policy of presumption of denial for all exports destined for Russia that are controlled for national security (NS) reasons. It will also suspend several license exceptions for those items, including License Exceptions Servicing and Replacement Parts and Equipment (RPL), Technology and Software Unrestricted (TSU), and Additional Permissive Reexports (APR).
The agency also announced exceptions. Commerce will allow “certain categories” of exports controlled for NS reasons to use certain license exceptions:
- Temporary Imports, Exports, Reexports and Transfers (TMP)
- Governments, International Organizations, International Inspections under the Chemical Weapons Convention and the International Space Station (GOV)
- Baggage (BAG)
- Aircraft, Vessels and Spacecraft (AVS)
- Encryption Commodities, Software, and Technology (ENC).
The items for those exceptions cover goods necessary for the flight safety of “civil fixed-wing passenger aviation;” deemed exports and reexports to Russian nationals; destined for “wholly-owned” U.S. subsidiaries in Russia; and “in support of government space cooperation.” Commerce will also apply a “partial waiver” for exports that support “commercial space launch activities,” but that waiver will end Sept. 1. “Commerce is committed to preventing Russia from accessing sensitive U.S. technologies that might be diverted to its malign chemical weapons activities,” the agency said in a statement.
The State Department announced a series of similar restrictions and added Russia to the list of countries in the International Traffic in Arms Regulations that are subject to a policy of denial for exports of defense goods and services. The agency also said it will end certain arms sales to Russia under the Arms Export Control Act and suspend export licenses for goods destined to Russia that are controlled on the U.S. Munitions List. Like Commerce's, the State Department’s restrictions include exceptions to allow for case-by-case reviews of exports to Russia that support “government space cooperation” and a six-month exception for exports that support commercial space launches, which will also be subject to a case-by-case review.