Overview
On December 23, 2020, the US Department of Commerce, Bureau of Industrial Security (BIS) published a rule (https://www.federalregister.gov/documents/2020/12/28/2020-26552/amendment-to-country-groups-for-ukraine-mexico-and-cyprus-under-the-export-administration) which amended its EAR Country Group designations for Ukraine, Mexico, and Cyprus in order to bring them more in line with current national security and foreign policy priorities. As we noted in a February 26, 2020 post, this is part of a “larger effort to re-structure and re-align the Country Groups.” (https://www.steptoe.com/en/news-publications/commerce-expands-us-export-controls-on-russia-and-yemen.html). The rule moves Ukraine from Country Group D (countries of national security concern to the United States) to Country Group B (countries eligible for favorable treatment for certain exports of national security-controlled items) while adding both Mexico and Cyprus to Country Group A:6. The rule will have the effect of making more license exceptions available for each country.
New Export Controls on Ukraine
The key change made by BIS is the change of Ukraine from Country Group D to Country Group B. This makes various license exceptions available to Ukraine, thereby allowing more exports, reexports and in-country transfers to Ukraine without specific licenses, when certain conditions are met and the general restrictions in § 740.2 (Restrictions on All License Exceptions) do not apply. The newly-available license exceptions are:
- 740.3 – Shipments of limited value (LVS)
- 740.9 – Temporary imports, exports, reexports, and transfers (in-country) (TMP)
- 740.10 – Servicing and replacement of parts and equipment (RPL)
- 740.12 – Gift parcels and humanitarian donations (GFT)
- 740.14 – Baggage (BAG)
- 740.15 – Aircraft and vessels (AVS)
- 740.16 – Additional permissive reexports (APR)
- 740.17 – Encryption, commodities, software, and technology (ENC)