The Department of State’s Bureau of International Security and Nonproliferation issued a public notice on August 24, 2018 regarding the specifics of the Russia Nerve Agent sanctions (please see my post of August 9, 2018). The Department advised the notice is scheduled to be published in the Federal Register on 08/27/2018 and is available online at https://federalregister.gov/d/2018-18503.
The specifics, which are to be applied for at least one year until further notice, include:
1. Foreign Assistance: Termination of assistance to Russia under the Foreign
Assistance Act of 1961, except for urgent humanitarian assistance and food or other
agricultural commodities or products.
2. Arms Sales: Termination of
(a) sales to Russia under the Arms Export Control Act of
any defense articles, defense services, or design and construction services, and
(b) licenses for the export to Russia of any item on the United States Munitions List, but
waived on a case-by-case basis with respect to the issuance of licenses in support of government
space cooperation and commercial space launches.
3. Arms Sales Financing: Termination of all foreign military financing for Russia under
the Arms Export Control Act.
4. Denial of United States Government Credit or Other Financial Assistance: Denial to
Russia of any credit, credit guarantees, or other financial assistance by any
department, agency, or instrumentality of the United States Government, including
the Export-Import Bank of the United States.
5. Exports of National Security-Sensitive Goods and Technology: Prohibition on the
export to Russia of any goods or technology on that part of the control list established
under Section 2404(c)(1) of the Appendix to Title 50.
The Department is waiving these sanctions in the interests of national security with
respect to the following on a case-by-case basis (meeting all the terms of the below
noted license exception will permit one to move forward):
LICENSE EXCEPTIONS: Exports and reexports of goods or technology eligible
under License Exceptions GOV, ENC, RPL, BAG, TMP, TSU, APR, CIV, and AVS.
SAFETY OF FLIGHT: Exports and reexports of goods or technology pursuant to
new licenses necessary for the safety of flight of civil fixed-wing passenger aviation.
DEEMED EXPORTS/REEXPORTS: Exports and re-exports of goods or technology
pursuant to new licenses for deemed exports and reexports to Russian nationals.
WHOLLY-OWNED U.S. SUBSIDIARIES: Exports and reexports of goods or
technology pursuant to new licenses for exports and reexports to wholly-owned U.S.
subsidiaries in Russia.
SPACE FLIGHT: Exports and reexports of goods or technology pursuant to new
licenses in support of government space cooperation and commercial space launches.
COMMERCIAL END-USERS: Exports and reexports of goods or technology
pursuant to new licenses for commercial end-users civil end-uses in Russia.
SOEs/SFEs: Exports and reexports of goods or technology pursuant to new licenses
for Russian state-owned or state-funded enterprises though subject to a “presumption
of denial” policy.