Commerce Publishes Russia Rules Announced for G7

BIS Published the final rule announced last week as part of the Administration's participation in the G7 summit. [12346]

The bulk of the rule is as displayed last week, though the published verion  89 FR 51644  adds some EAR 99 software to coordinate with allies,   Note that while the rule is effective as displayed, some of the software requireemnts have 90 day effective dates, to permit an orderly implementation.

Summary:

In this final rule, the Bureau of Industry and Security (BIS) imposes additional export control measures against Russia and Belarus by

• expanding the scope of items identified under two EAR supplements that are subject to the EAR's Russian and Belarusian industry sector sanctions;
• imposing a “software” license requirement for certain EAR99-designated “software” when destined to or within Russia or Belarus;
• and narrowing the scope of commodities and software that may be authorized for export, reexport, or transfer (in-country) to or within Russia or Belarus under License Exception Consumer Communications Devices (CCD). License Exception CCD, consumer Communication Devices, originally intended to promote access by oppressed Cuban citizenry.
• To promote clarity and facilitate compliance, this final rule also consolidates the EAR's Russian and Belarus sanctions into a single section, while maintaining the existing related regulatory supplements identifying items that are subject to certain of those sanctions.

This final rule also amends the EAR by adding five entities and eight addresses to the Entity List and making changes to the Entity List structure.

Lastly, this final rule makes two additional revisions to the EAR:

• one to confirm the criteria used when revising, suspending, or revoking EAR license exceptions
• and one revision to clarify the control status of fasteners for purposes of the EAR's Russian and Belarusian industry sector sanctions.

Software Restrictions

New paragraph (a)(8)(ii) will apply to the following types of EAR99-designated “software:”

• Enterprise resource planning (ERP);
• customer relationship management (CRM);
• business intelligence (BI);
• supply chain management (SCM);
• enterprise data warehouse (EDW);
• computerized maintenance management system (CMMS);
• project management software, product lifecycle management (PLM);
• building information modelling (BIM);
• computer aided design (CAD);
• computer-aided manufacturing (CAM);
• and engineering to order (ETO).

89 FR 51644