United StatesEAR embargoes and special country controls: Cuba, North Korea, Iran, Ukraine regions, Russia, Belarus and Syria
15 C.F.R. part 746 (746.2, 746.4, 746.6, 746.7, 746.8, 746.9)
In force.
A destination sanctions rule binding private bodies.
As of .
What it requires
- Before you export, reexport or transfer software or technology to Cuba, North Korea, Iran, the Crimea region or the so-called Donetsk and Luhansk regions of Ukraine, Russia, Belarus or Syria, check the part 746 license requirement for that destination and obtain a license or use a License Exception the section allows (15 C.F.R. 746.2, 746.4, 746.6, 746.7, 746.8, 746.9).
- For Russia or Belarus, get a license for any item in an ECCN and for EAR99 enterprise resource planning, customer relationship management, computer aided design, computer aided manufacturing and similar software that 746.8(a)(8) lists, unless an exclusion in that section applies (15 C.F.R. 746.8(a)(1), (a)(8)).
- For Iran, treat OFAC's prohibitions in 31 C.F.R. part 560 and the EAR license requirements as separate duties, because BIS maintains its own licensing requirements on exports and reexports to Iran in addition to OFAC's embargo (15 C.F.R. 746.7).
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Criminal exposureYes
Private right of actionNo
Criminal exposure note
A willful violation, attempt or conspiracy is punishable by a fine of up to $1,000,000 and, for an individual, imprisonment of up to 20 years, or both (50 U.S.C. 4819(b)).
Penalty structure
The statute sets the greater of $300,000 or twice the value of the transaction that is the basis of the violation; the amount coded is the inflation-adjusted maximum that Commerce publishes.
- Rule
- Per violation only
- As of
- Currency
- USD
- Per violation unit
- Violation
- Per violation amount
- 374,474
Who enforces it
Enforcement body
Department of Commerce, which imposes civil penalties through the Secretary of Commerce under 50 U.S.C. 4819(c); willful violations are criminal offenses under 50 U.S.C. 4819(b).
What it reaches
Obligation class
Prohibition, Licensing
Applicability criteria
- As of
- Combinator
- Any of
- Criteria
- The item is subject to the EAR and is exported, reexported or transferred to or within Cuba, North Korea, Iran, the Crimea region or the so-called Donetsk or Luhansk regions of Ukraine, Russia, Belarus or Syria.
What this law does
Part 746 of the EAR adds license requirements for embargoed and specially controlled destinations beyond the Commerce Control List. A license is required to export or reexport any item subject to the EAR to Cuba, including release of technology or source code to a Cuban national (746.2), and to North Korea except EAR99 food and medicine (746.4). For Iran, 746.7 states that OFAC administers a comprehensive embargo and that BIS adds its own requirements.
For the Crimea region and the so-called Donetsk and Luhansk regions of Ukraine, a license is required for any item subject to the EAR other than EAR99 food and medicine or software necessary to enable the exchange of personal communications over the internet (746.6). For Russia and Belarus, 746.8 requires a license for any item in an ECCN and for listed EAR99 enterprise and design software, including ERP, CRM, CAD, CAM and software for CNC machine tools, with exclusions.
For Syria, 746.9 still requires a license for all items subject to the EAR except EAR99 food and medicine, with a presumption of approval for certain commercial end uses; OFAC removed its Syrian Sanctions Regulations from the Code of Federal Regulations effective , and no comprehensive OFAC prohibition on Syria remains in part 542. For North Korea, OFAC's prohibition in its section 510.206 applies except to the extent Commerce's export control authorities provide otherwise. The part's text carries no commencement day in the eCFR.
When LexLint raises it
When your app profile says your app serves a sanctioned destination.