OFAC Ukraine-/Russia-Related Sanctions Regulations: goods, services and technology provided to the Crimea region of Ukraine
31 C.F.R. 589.207, 589.517; E.O. 13685
In force since .
A destination sanctions rule binding private bodies.
As of .
What it requires
- Do not export, reexport, sell or supply software, technology or services to the Crimea region of Ukraine, directly or indirectly, unless OFAC has authorized it (31 C.F.R. 589.207).
- To rely on 31 C.F.R. 589.517 for communications software, confirm that it enables personal communications services, is EAR99 or mass market ECCN 5D992, and that the services and software are widely available to the public at no cost to the user (31 C.F.R. 589.517(a), (b)).
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. 1705(c)).
Penalty structure
The statute sets the greater of $250,000 or twice the amount of the transaction that is the basis of the violation; the amount coded is the inflation-adjusted maximum in OFAC's enforcement guidelines. The civil penalty provision does not require willfulness, which the criminal provision does.
- Rule
- Per violation only
- As of
- Currency
- USD
- Per violation unit
- Violation
- Per violation amount
- 377,700
Who enforces it
Enforcement body
Office of Foreign Assets Control, U.S. Department of the Treasury (civil penalties); willful violations are criminal offenses under 50 U.S.C. 1705(c).
What it reaches
Obligation class
Prohibition, Licensing
Applicability criteria
- As of
- Combinator
- Any of
- Criteria
- The software, technology or service is exported, reexported, sold or supplied, directly or indirectly, to the Crimea region of Ukraine.
What this law does
Section 589.207 prohibits the exportation, reexportation, sale or supply, directly or indirectly, from the United States or by a United States person wherever located, of any goods, services or technology to the Crimea region of Ukraine, as Executive Order 13685 directs, which reaches software and hosted services.
Section 589.517 authorizes the export of services incident to the exchange of personal communications over the internet (instant messaging, chat and email, social networking, web browsing, blogging) to persons in the Crimea region, and of the software needed to enable them where it is EAR99 or mass market ECCN 5D992, provided that the services and software are widely available to the public at no cost to the user.
When LexLint raises it
When your app profile says your app serves a sanctioned destination.