U.S. sanctions against Belarus under the Export Administration Regulations

New license requirements and review policies for Belarus

New license requirements and review policies for Belarus

The Bureau of Industry and Security (BIS) of the U.S. Commerce Department released for publication in the Federal Register a final rule adding new license requirements and review policies for Belarus to the Export Administration Regulations (EAR) to render Belarus subject to the same sanctions that were imposed on Russia under the EAR effective February 24, 2022. Read TradeNewsFlash

With this final rule [PDF 388 KB] (59 pages), the new sanctions:

  • Impose new Commerce Control List (CCL)-based license requirements for Belarus
  • Revise the two “foreign direct product” rules (FDP rules) that are specific to Russia and Russian military end-users to make them also applicable to Belarus and Belarusian military end-users
  • Specify a license review policy of denial applicable to all of the license requirements on Belarus that are being added in this rule, with certain limited exceptions
  • Significantly restrict the use of EAR license exceptions; expand the existing military end-use and military end-user control scope to include Belarus for all items “subject to the EAR” other than food and medicine designated EAR99
  • Add two new Belarusian entities to the entity list as military end-users
  • Impose a license requirement for nuclear nonproliferation items for exports and reexports to Belarus and removes Belarus from Country Group A:4 under the EAR

In addition, for Belarus and Russia, the final rule amends the availability of License Exceptions AVS* and ENC* and includes clarifying guidance on the availability of CCD.

*AVS = aircraft, vessels and spacecraft; ENC = encryption commodities, software and technology

For more information, contact:

Doug Zuvich
Partner and Global Practice Leader
T: 312-665-1022
E: dzuvich@kpmg.com

John L. McLoughlin
Principal and East Coast Leader
T: 267-256-2614
E: jlmcloughlin@kpmg.com

Andy Siciliano
Partner and National Practice Leader
T: 631-425-6057
E: asiciliano@kpmg.com

Steve Brotherton
Principal and Global Export and Sanctions Leader
T: 415-963-7861
E: sbrotherton@kpmg.com

Luis (Lou) Abad
Principal, Washington National Tax
T: 212-954-3094
E: labad@kpmg.com

Irina Vaysfeld
T: 212-872-2973
E: ivaysfeld@kpmg.com

Amie Ahanchian
T: 202-533-3247
E: aahanchian@kpmg.com

Christopher Young
T: 312-665-3229
E: christopheryoung@kpmg.com

Gisele Belotto
T: 305-913-2779
E: gbelotto@kpmg.com

George Zaharatos
T: 404-222-3292
E: gzaharatos@kpmg.com

Andy Doornaert
Managing Director
T: 313-230-3080
E: adoornaert@kpmg.com

Jessica Libby
T: 612-305-5533
E: jlibby@kpmg.com

The KPMG name and logo are trademarks used under license by the independent member firms of the KPMG global organization. KPMG International Limited is a private English company limited by guarantee and does not provide services to clients. No member firm has any authority to obligate or bind KPMG International or any other member firm vis-à-vis third parties, nor does KPMG International have any such authority to obligate or bind any member firm. The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation. For more information, contact KPMG's Federal Tax Legislative and Regulatory Services Group at: + 1 202 533 3712, 1801 K Street NW, Washington, DC 20006.