United StatesE.O. 14065: goods, services and technology provided to the Donetsk and Luhansk regions of Ukraine
E.O. 14065, section 1(a)(iii), 87 FR 10293; OFAC General License 22
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 so-called Donetsk People's Republic or Luhansk People's Republic regions of Ukraine, or another region the Treasury designates, directly or indirectly, unless OFAC has authorized it (E.O. 14065, section 1(a)(iii)).
- To rely on General License 22 for communications software, confirm that it enables personal communications services over the internet and is EAR99, mass market ECCN 5D992.c, or not subject to the EAR and not listed under any multilateral export control regime, and do not provide it with knowledge or reason to know it is intended for a blocked person (General License 22, paragraphs (a) to (c)).
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 so-called Donetsk People's Republic or Luhansk People's Republic regions of Ukraine or another region the Treasury designates.
What this law does
Section 1(a)(iii) of Executive Order 14065 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 so-called Donetsk People's Republic and Luhansk People's Republic regions of Ukraine and any other region the Secretary of the Treasury determines in consultation with the Secretary of State (the Covered Regions), which reaches software and hosted services.
OFAC General License 22 authorizes the export to persons in the Covered Regions of services incident to the exchange of personal communications over the internet, and of the software necessary to enable them where it is EAR99, mass market ECCN 5D992.c, or not subject to the EAR and not listed under any multilateral export control regime, but not with knowledge or reason to know it is intended for a blocked person.
When LexLint raises it
When your app profile says your app serves a sanctioned destination.