On February 27, 2020, the Department of Treasury issued General License No. 8 (“GL 8”) “Authorizing Certain Humanitarian Trade Transactions Involving the Central Bank of Iran (“CBI”).”  GL 8 authorizes certain humanitarian-related transactions in food, medicine and agricultural products (and certain associated activities) involving the CBI that were prohibited under the Iranian sanctions regulations as a result of the CBI’s designation under E.O. 13224.  Specifically, this new GL authorizes the following transactions and activities involving the CBI:

• The exportation or reexportation of agricultural commodities, medicine, and medical devices to the Government of Iran (“GoI”), to any individual or entity in Iran, or to persons in third countries purchasing these items specifically for resale to any of the foregoing only as authorized in a one-year specific license issued by OFAC.
  • This authorization does not cover the exportation or reexportation of medical devices on OFAC’s List of Medical Devices Requiring Specific Authorization, medicine, or medical devices to military, intelligence, or law enforcement purchasers or importers.
  • There are certain payment terms applicable to the above sales pursuant to 31 CFR § 560.532.  (Otherwise, a specific license may be issued on a case-by-case basis.  The authorization does not permit debits to blocked accounts or debits/credits to Iranian accounts with U.S. depository institutions).
• The provision of training necessary and ordinarily incident to the safe and effective use of medicine and medical devices exported or reexported pursuant to the above section to the GoI, an Iranian individual or entity, or to third country nationals purchasing such goods specifically for resale to the foregoing provided that: 1) payment terms and financing are authorized by the regulations; 2) any released technology is EAR99; 3) and the training is not provided to the military, intelligence, law enforcement, or any official or agent thereof
• The provision by U.S. persons of brokerage services on behalf of U.S. persons for the sale and exportation or reexportation by U.S. persons of agricultural commodities, medicine, and medical devices so long as the sale and exportation or reexportation is authorized by a one-year specific license as required.  The authorization also covers any specific license granted to a U.S. person to broker services on behalf of non-U.S., non-Iranian persons for the foregoing activities with to the GoI or Iranian persons.
  • Payment of a brokerage fee earned pursuant to the authorization may not involve debits/credits to an Iranian account, and there are also reporting requirements.
• Transfers of funds involving Iran by U.S. depository institutions or by U.S. registered securities brokers or dealers for the benefit of the CBI if the transfer arises from and is ordinarily incident and necessary to give effect to a transaction that has been authorized by the GL or a specific license referenced above.  Again, debits or credits to an Iranian account are generally not permitted.
• Other transactions ordinarily incident to a licensed transaction and necessary to give effect thereto, with certain limited exceptions.

…
Continue Reading

On February 24, 2020, the Department of Commerce’s Bureau of Industry and Security (BIS) issued a final rule announcing amendments to the Export Administration Regulations (EAR) that revise export licensing policy toward the Russian Federation and Yemen due to foreign policy and national security concerns, such as proliferation.  The amendment to the rule re-aligns the EAR’s “Country Group” designations for Russia and Yemen in light of these concerns.

The EAR “Country Group” designations establish export licensing requirements based on the country of destination for the export or re-export from the United States of an export-controlled item.  The final rule moves Russia from the more favorable export licensing treatment of Country Groups A:2 (Missile Technology Control Regime) and A:4 (Nuclear Suppliers Group) to the more restrictive Country Groups D:2 (Nuclear) and D:4 (Missile Technology).   Yemen has also been moved from Country Group B to Country Group D:1 (National Security).  These changes to the designations reflect the U.S. government’s concerns regarding diversion of U.S.-origin items in Russia and Yemen for unauthorized purposes, such as for prohibited end uses or prohibited end users.

BIS also notes that Russia has not been cooperative in permitting BIS to conduct pre-license checks or post-shipment verifications of U.S.-origin items.  As such, BIS also revised the licensing policy of exports to Russia to a “presumption of denial” when the items are controlled for export due to concerns of: (i) proliferation of chemical and biological weapons; (ii) nuclear nonproliferation; and (iii) missile technology under the EAR.…
Continue Reading

Late last month, the Directorate of Defense Trade Controls issued a long-awaited interim final rule regarding what qualifies as the export, re-export, or transfer of technical data (a “controlled event”) under the International Traffic in Arms Regulations (“ITAR”). Specifically, in 2016, the Bureau of Industry and Security (“BIS”) issued a final rule clarifying that the…