#fakhory

Another set of expressed export and international trade restrictions is contained in the U.S. Treasury’s Office of Foreign Assets Control (OFAC) prohibitions against the provision of services to countries subject to US sanction programs, boycotts, etc. without a license.  The OFAC prohibitions may impose a comprehensive ban on service provision that includes services associated with IT-BPO, and other business and technology services, even if there is no direct or dual-use military application.  In some instances, the OFAC ban extends to:

Conducting surveys and interviews in boycotted countries

Providing marketing & business services to persons in boycotted countries  

Creating new information materials at the behest of persons in a boycotted country

Engaging the services of persons in a boycotted country to develop new information materials

There are a number of countries currently under Treasury boycotts of various types, which include (but are not limited to):

    Cuba, Iran, Iraq, Libya, Liberia, Sudan, Syria, North Korea

NOTE:  The restrictions on provisions of goods and services to some boycotted countries can be thorough-going and applies to foreign business units of U.S. companies.

            See, OFAC website for specific restrictions, and license requirements, which vary depending upon the country:

http://www.treas.gov/offices/enforcement/ofac/programs/index.shtml

        OFAC Sanctions Programs 

Program Abbreviation 

Program Last Updated:

    Balkans-related Sanctions

[BALKANS]

06/22/2010

    Belarus Sanctions

[BELARUS]

05/19/2010

    Burma Sanctions

[BURMA]

09/10/2010

    Cote d’Ivoire (Ivory Coast)-related Sanctions

[COTED]

04/13/2009

    Counter Narcotics Trafficking Sanctions

[SDNT] ; [SDNTK]

10/26/2010

    Counter Terrorism Sanctions

[SDGT] ; [FTO] ; [SDT]

11/04/2010

    Cuba Sanctions

[CUBA]

10/13/2010

    Democratic Republic of the Congo-related Sanctions

[DRCONGO]

06/24/2010

    Diamond Trading Sanctions

NONE

05/21/2008

    Iran Sanctions

[IRAN] ; [IRGC] ; [IFSR] ; [IRAN-HR]

09/29/2010

    Iraq-related Sanctions

[IRAQ]

09/13/2010

    Former Liberian Regime of Charles Taylor Sanctions

[LIBERIA]

05/23/2007

    Lebanon-related Sanctions

[LEBANON]

07/30/2010

    Non-proliferation Sanctions

[NPWMD]

10/27/2010

    North Korea Sanctions

[NORTH KOREA] ; [DPRK]

11/04/2010

    Somalia Sanctions

[SOMALIA]

11/03/2010

    Sudan Sanctions

[SUDAN] ; [DARFUR]

10/20/2010

    Syria Sanctions

[SYRIA]

07/10/2008

    Zimbabwe Sanctions

[ZIMBABWE]

11/25/2008

The export of U.S.-origin “dual-use” items are regulated by the licensing requirements administered by the U.S. Commerce Department’s Bureau of Industry and Security (BIS).   Export of dual-use items present a different set of licensing requirements under the Commerce Department Export Administration Regulations (EAR), that have a different definition, as specified in that agency’s Commerce Control List (“CCL”) which includes a large number of commercial items.  The CCL is a very long alphabetical list that runs single-spaced for 48 pages. The CCL is found in Supplement 1 to Part 774 of the EAR. [http://www.access.gpo.gov/bis/ear/pdf/indexccl.pdf ]    

Also, see, EAR, the Commerce Control List, Part 774, Categories 0-11, plus supplements, http://www.gpo.gov/bis/ear/ear_data.html.  The Export Administration Regulations (“EAR”), 15 CFR Parts 730-774, sets forth requirements relating to the export of commercial and dual use items, and includes the CCL.

Note, in particular, certain additional items described in Part 732 of the Export Administration Regulations.  The definition of Dual-use at Part 772 of the EAR is:

Dual-use—Items that have both commercial and military or proliferation applications. While this term is used informally to describe items that are subject to the EAR, purely commercial items are also subject to the EAR (see §734.2(a) of the EAR).