Industrial Policy & Trade Monitor· 2666 actions· ✨ 90 recent

BIS final rule (FR Doc 2024-19132, 89 FR 68539, published 27 August 2024) expanding the Russia/Belarus-Military End User (MEU) Foreign-Direct Product (FDP) rule under the Export Administration Regulations so that it also applies to transactions involving Entity List entries posing a significant diversion risk to Russia's and Belarus's defense industry or intelligence services — the rule is renamed accordingly. The rule also imposes new export, reexport, and in-country transfer controls on software for the operation of computer numerical control (CNC) machine tools destined for Russia or Belarus, and makes corrections eliminating obsolete cross- references introduced by the BIS 25 January 2024 and 18 June 2024 Russia/Belarus final rules. Effective 27 August 2024, except amendatory instruction 11 effective 16 September 2024.

BIS final rule (FR Doc 2024-13148, 89 FR 51644, RIN 0694-AJ87) expanding the Export Administration Regulations' Russia and Belarus sanctions architecture. Effective 12 June 2024 (most provisions) and 16 September 2024 (the EAR99 enterprise-software paragraph at §746.8(a)(8)), the rule introduces a new licence requirement for thirteen named categories of EAR99 enterprise software (ERP, CRM, BI, SCM, EDW, CMMS, project management, PLM, BIM, CAD, CAM, ETO) destined for Russia or Belarus; permits address-only Entity List designations to capture high-diversion addresses; adds eight Hong Kong addresses to the Entity List; and refines the Russia/Belarus Industry Sector Sanctions and Foreign Direct Product (FDP) rule. Released the day before the G7 Italy summit alongside coordinated OFAC, State, and Treasury actions that together designated 300+ persons and entities.

MOTIE finalised the 31st amendment of the Public Notice on Trade of Strategic Items on 24 April 2023, effective 28 April 2023, adding 741 items to the Russia/Belarus situational-licence (상황허가) list. The added items span industrial machinery, petroleum and gas refining equipment, steel, chemicals, automotive goods and quantum computers judged to have high military-diversion potential. MOTIE stated the amendment brings Korea's export-control coverage of Russia/Belarus closer to that of the US, EU and Japan, incorporating 2022 international export-control-regime agreements and reflecting the US's 2nd-6th Russia sanctions rounds and a substantial part of the EU's measures.

The Bureau of Industry and Security expanded EAR sanctions against Russia and Belarus effective 15 September 2022, adding new export-control categories covering quantum computing equipment and related technology (new licensing requirements under a near-total policy of denial), discrete chemicals and biologics including fentanyl precursors and CBW-related production equipment (new Supplement No. 6 to Part 746), and 57 EAR99 industrial items added to the industry-sector sanctions list (Supplement No. 4). Six entities were concurrently designated as Russian Military End Users (MEU), and MEU/MIEU licensing restrictions were extended worldwide (previously limited to six countries). The rule also extended the Foreign Direct Product Rule to additional categories of foreign-made items.

The U.S. Department of Commerce Bureau of Industry and Security (BIS) expanded export-control sanctions on Russian industry by adding 205 HTS codes (478 Schedule B numbers) to Supplement No. 4 to Part 746 of the EAR, imposing a license requirement — with a presumption of denial — for all exports, reexports, and transfers (in-country) to or within Russia of covered industrial goods. The targeted categories span wood products, boilers, industrial machinery, pumps, compressors, textile and grinding equipment, and hydraulic motors, aligning U.S. controls with EU partner lists. The rule took retroactive effect May 9, 2022, two days before Federal Register publication on May 11, 2022.

Effective 2 March 2022, the US Bureau of Industry and Security (BIS) extended to Belarus the same sweeping EAR sanctions imposed on Russia following Russia's full-scale invasion of Ukraine on 24 February 2022. The rule adds Commerce Control List (CCL)-based license requirements for Belarus with a policy of denial across virtually all categories, extends both the Russia Foreign Direct Product (FDP) rule and the Russia Military End User (MEU) FDP rule to cover Belarus and Belarusian military end users, and aligns Belarus with Russia's license review policy. The action was triggered by Belarus's active enablement of the Russian military operation from its territory.