Following the recent release of a joint analysis report by the Federal Bureau of Investigation (FBI) and department of Homeland Security (DHS) on Russian Malicious Cyber Activity and sanctions issued by the Obama Administration on December 29, 2016 (as previously reported here), the Department of Commerce’s Bureau of Industry and Security (BIS) has amended the Export Administration Regulations (EAR) by adding five (5) Russian entities to the Entity List. The entities identified below have been determined to have been involved in activities contrary to the national security or foreign policy interests of the United States:
- Autonomous Noncommercial Organization Professional Association of Designers of Data Processing Systems, a.k.a. ANO PO KSI
- Federal Security Service (FSB), a.k.a. Federalnaya Sluzhba Bezopasnosti
- Main Intelligence Directorate, a.k.a. Glavnoe Razvedyvatel’noe Upravlenie; GRU; and Main Intelligence Department
- Special Technology Center, a.k.a., STC, Ltd.
- Zorsecurity Center (f.k.a., Esage Lab), a.k.a. TSOR Security
Effective January 4, 2017, the entities listed above are subject to a license requirement for all exports, reexports or transfers (in country) of all items subject to the Export Administration Regulations (EAR) a license review policy of presumption of denial. Items “subject to the EAR” include items of U.S. origin wherever located, all items located in the United States, foreign made commodities that incorporate controlled U.S. origin commodities or technology, and certain foreign-made direct products of U.S. origin technology or software.
The license requirement applies to any transaction in which products are to be exported, reexported, or transferred (in country) to any of the named entities or in transactions where the entities act as purchaser, intermediate consignee, or end-user. No license exceptions are available for these entities.
For guidance on navigating any of the sanctions programs and ensuring your business is in compliance with current U.S. export regulations, contact Cortney Morgan, Linda Tiller and Grant Leach, or Husch Blackwell’s International Trade & Supply Chain team.