Overview
On May 22, 2015, the US Treasury Department, Office of Foreign Assets Control (OFAC) issued a general license authorizing US persons to export certain services and software incident to personal communications to the Crimea region of Ukraine, as well as a Frequently Asked Question providing guidance. Specifically, the general license authorizes the export of services incident to personal communications over the internet, such as instant messaging, chat and email, social networking, sharing of photos and movies, web browsing, and blogging, provided that such services are publicly available and offered at no cost to the user. Furthermore, OFAC is authorizing the export of software necessary to enable such services, provided it is classified as either EAR99 or as “mass market” under Export Control Classification Number (ECCN) 5D992 or, if of non-US origin, would be classified as either EAR99 or 5D992 under US regulations.
The general license does not authorize dealings with Specially Designated Nationals, the export of commercial-grade internet connectivity services, or the export of web-hosting services for commercial endeavors.
We will continue to monitor developments regarding Ukraine-related sanctions. You can sign up to receive our International Law Advisory here.