Code of Federal Regulations (alpha)

CFR /  Title 15  /  Part 746  /  Sec. 746.9 Syria.

Sections 5(a)(1) and 5(a)(2)(A) of the Syria Accountability and Lebanese Sovereignty Restoration Act of 2003 (Pub. L. 108-175, codified as a note to 22 U.S.C. 2151) (the SAA) require a prohibition on the export to Syria of all items on the Commerce Control List (in 15 CFR part 774) (CCL) and a prohibition on the export to Syria of products of the United States, other than food and medicine. The President also exercised national security waiver authority pursuant to Section 5(b) of the SAA for certain transactions. The provisions in this section were issued consistent with Executive Order 13338 of May 11, 2004 which implemented the SAA.

(a) License requirements. A license is required for the export or reexport to Syria of all items subject to the EAR, except food and medicine classified as EAR99 (food and medicine are defined in part 772 of the EAR). A license is required for the ``deemed export'' and ``deemed reexport,'' as described in Sec. 734.2(b) of the EAR, of any technology or source code on the Commerce Control List (CCL) to a Syrian foreign national. ``Deemed exports'' and ``deemed reexports'' to Syrian foreign nationals involving technology or source code subject to the EAR but not listed on the CCL do not require a license.

(b) License Exceptions. No License Exceptions to the license requirements set forth in paragraph (a) of this section are available for exports or reexports to Syria, except the following:

(1) TMP for items for use by the news media as set forth in Sec. 740.9(a)(9) of the EAR,

(2) GOV for items for personal or official use by personnel and agencies of the U.S. Government as set forth in Sec. 740.11(b)(2) of the EAR,

(3) TSU for operation technology and software, sales technology, and software updates pursuant to the terms of Sec. 740.13(a), (b), or (c) of the EAR,

(4) BAG for exports of personally-owned items by individuals leaving the United States as personal baggage pursuant to the terms of Sec. 740.14(a) through (d), only, of the EAR, and

(5) AVS for the temporary sojourn of civil aircraft reexported to Syria pursuant to the terms of Sec. 740.15(a)(4) of the EAR.

(c) Licensing policy. (1) Except as described in this paragraph (c), all license applications for export or reexport to Syria are subject to a general policy of denial. License applications for ``deemed exports'' and ``deemed reexports'' of technology and source code will be reviewed on a case-by-case basis. BIS may consider, on a case-by-case basis, license applications for exports and reexports of items necessary to carry out the President's constitutional authority to conduct U.S. foreign affairs and as Commander-in-Chief, including exports and reexports of items necessary for the performance of official functions by the United States Government personnel abroad.

(1) Except as described in this paragraph (c), all license applications for export or reexport to Syria are subject to a general policy of denial. License applications for ``deemed exports'' and ``deemed reexports'' of technology and source code will be reviewed on a case-by-case basis. BIS may consider, on a case-by-case basis, license applications for exports and reexports of items necessary to carry out the President's constitutional authority to conduct U.S. foreign affairs and as Commander-in-Chief, including exports and reexports of items necessary for the performance of official functions by the United States Government personnel abroad.

(2) BIS may also consider the following license applications on a case-by-case basis: items in support of activities, diplomatic or otherwise, of the United States Government (to the extent that regulation of such exportation or reexportation would not fall within the President's constitutional authority to conduct the nation's foreign affairs); medicine (on the CCL) and medical devices (both as defined in part 772 of the EAR); parts and components intended to ensure the safety of civil aviation and the safe operation of commercial passenger aircraft; aircraft chartered by the Syrian Government for the transport of Syrian Government officials on official Syrian Government business; telecommunications equipment and associated computers, software and technology; items in support of United Nations operations in Syria; and items necessary for the support of the Syrian people, including, but not limited to, items related to water supply and sanitation, agricultural production and food processing, power generation, oil and gas production, construction and engineering, transportation, and educational infrastructure. The total dollar value of each approved license for aircraft parts for flight safety normally will be limited to no more than $2 million over the 24-month standard license term, except in the case of complete overhauls.

(3) In addition, consistent with part 734 of the EAR, the following are not subject to the EAR and therefore not subject to this General Order: informational materials in the form of books and other media; publicly available software and technology; and technology exported in the form of a patent application or an amendment, modification, or supplement thereto or a division thereof (see 15 CFR 734.3(b)(1)(v), (b)(2) and (b)(3)).

Note to Sec. 746.9: For administrative reasons, BIS continues to maintain provisions in General Order No. 2, Supplement No. 1 to part 736 of the EAR relating to the President's waiver of certain prohibitions. This section contains all of the substantive controls against Syria, including the waiver-related provisions maintained in General Order No. 2. [76 FR 77117, Dec. 12, 2011, as amended at 78 FR 43973, July 23, 2013; 79 FR 32625, June 5, 2014]

Sec. Supplement No. 1 to Part 746--Examples of Luxury Goods

The following further amplifies the illustrative list of luxury goods set forth in Sec. 746.4(b)(1):

(a) Tobacco and tobacco products

(b) Luxury watches: Wrist, pocket, and others with a case of precious metal or of metal clad with precious metal

(c) Apparel and fashion items, as follows:

(1) Leather articles

(2) Silk articles

(3) Fur skins and artificial furs

(4) Fashion accessories: Leather travel goods, vanity cases, binocular and camera cases, handbags, wallets, designer fountain pens, silk scarves

(5) Cosmetics, including beauty and make-up

(6) Perfumes and toilet waters

(7) Designer clothing: Leather apparel and clothing accessories

(d) Decorative items, as follows:

(1) Rugs and tapestries

(2) Tableware of porcelain or bone china

(3) Items of lead crystal

(4) Works of art (including paintings, original sculptures and statuary), antiques (more than 100 years old), and collectible items, including rare coins and stamps

(e) Jewelry: Jewelry with pearls, gems, precious and semi-precious stones (including diamonds, sapphires, rubies, and emeralds), jewelry of precious metal or of metal clad with precious metal

(f) Electronic items, as follows:

(1) Flat-screen, plasma, or LCD panel televisions or other video monitors or receivers (including high-definition televisions), and any television larger than 29 inches; DVD players

(2) Personal digital assistants (PDAs)

(3) Personal digital music players

(4) Computer laptops

(g) Transportation items, as follows:

(1) Yachts and other aquatic recreational vehicles (such as personal watercraft)

(2) Luxury automobiles (and motor vehicles): Automobiles and other motor vehicles to transport people (other than public transport), including station wagons

(3) Racing cars, snowmobiles, and motorcycles

(4) Personal transportation devices (stand-up motorized scooters)

(h) Recreational items, as follows:

(1) Musical instruments

(2) Recreational sports equipment

(i) Alcoholic beverages: wine, beer, ales, and liquor [72 FR 3726, Jan. 26, 2007, as amended at 72 FR 20223, Apr. 24, 2007] Sec. Supplement No. 2 to Part 746--Russian Industry Sector Sanction List

The source for the Schedule B numbers and descriptions in this list comes from the Bureau of the Census's Schedule B concordance of exports 2014. Census's Schedule B List 2014 can be found at http://www.census.gov/foreign- trade/schedules/b/2014/index.html The Introduction Chapter of the Schedule B provides important information about classifying products and interpretations of the Schedule B, e.g., NESOI means Not Elsewhere Specified or Included. In addition, important information about products within a particular chapter may be found at the beginning of chapters. ------------------------------------------------------------------------

Schedule B Description------------------------------------------------------------------------7304110000....................... LINE PIPE OF A KIND USED FOR OIL OR

GAS PIPELINES, SEAMLESS, OF

STAINLESS STEEL7304191020....................... LINE PIPE OF A KIND USED FOR OIL OR

GAS PIPELINES, SEAMLESS, OF IRON

(NONCAST) OR NONALLOY STEEL, WITH AN

OUTSIDE DIAMETER NOT EXCEEDING 114.3

MM7304191050....................... LINE PIPE FOR OIL OR GAS PIPELINES,

SEAMLESS, IRON (NONCAST) OR NONALLOY

STEEL, WITH OUTSIDE DIAMETER OVER

114.3 MM BUT NOT OVER 406.4 MM7304191080....................... LINE PIPE OF A KIND USED FOR OIL OR

GAS PIPELINES, SEAMLESS, OF IRON

(NONCAST) OR NONALLOY STEEL, WITH AN

OUTSIDE DIAMETER EXCEEDING 406.4 MM7304195020....................... LINE PIPE OF A KIND USED FOR OIL OR

GAS PIPELINES, SEAMLESS, OF OTHER

ALLOY STEEL, NOT STAINLESS, WITH AN

OUTSIDE DIAMETER NOT EXCEEDING 114.3

MM7304195050....................... LINE PIPE, USED FOR OIL OR GAS

PIPELINES, SEAMLESS, OF OTHER ALLOY

STEEL, NOT STAINLESS, WITH AN

OUTSIDE DIAMETER 114.3

MM, BUT <406.4 MM7304195080....................... LINE PIPE OF A KIND USED FOR OIL OR

GAS PIPELINES, SEAMLESS, OF ALLOY

STEEL, NOT STAINLESS, WITH AN

OUTSIDE DIAMETER EXCEEDING 406.4 MM7304220000....................... OIL WELL DRILL PIPE, OF STAINLESS

STEEL7304233000....................... OIL WELL DRILL PIPE, OF IRON OR

NONALLOY STEEL7304236000....................... OIL WELL DRILL PIPE, OF ALLOY STEEL

OTHER THAN STAINLESS STEEL7304241000....................... OIL WELL CASING OF STAINLESS STEEL7304246000....................... OIL WELL TUBING OF STAINLESS STEEL7304291055....................... OIL WELL CASING OF IRON OR NONALLOY

STEEL7304293155....................... OIL WELL CASING OF OTHER ALLOY STEEL

NOT STAINLESS7304295000....................... OIL WELL TUBING OF IRON OR NONALLOY

STEEL7304296100....................... OIL WELL TUBING OF OTHER ALLOY STEEL

OTHER THAN STAINLESS STEEL7305111000....................... LINE PIPE FOR OIL OR GAS,

LONGITUDINALLY SUBMERGED ARC WELDED,

EXTERNAL DIAMETER MORE THAN 406.4

MM, CIRCULAR CROSS-SECTIONS, OF IRON

OR NONALLOY STEEL7305115000....................... LINE PIPE FOR OIL/GAS PIPELINES,

LONGITUDINALLY SUBMERGED ARC WELDED

WITH EXTERNAL DIAMETER OVER 406.4

MM, OF ALLOY STEEL, WITH CIRCULAR

CROSS-SECTION7305121000....................... LINE PIPE FOR OIL OR GAS, OTHER

LONGITUDINALLY WELDED, EXTERNAL

DIAMETER MORE THAN 406.4 MM,

CIRCULAR CROSS-SECTION, IRON OR

NONALLOY STEEL7305125000....................... LINE PIPE FOR OIL OR GAS PIPELINES,

LONGITUDINALLY WELDED WITH EXTERNAL

DIAMETER 406.4 MM, OF

ALLOY STEEL, WITH CIRCULAR CROSS

SECTION7305191000....................... LINE PIPE FOR OIL OR GAS OTHER THAN

LONGITUDINALLY WELDED, EXTERNAL

DIAMETER MORE THAN 406.4 MM,

CIRCULAR CROSS-SECTION, IRON OR

NONALLOY STEEL7305195000....................... LINE PIPE FOR OIL OR GAS PIPELINES,

WITH EXTERNAL DIAMETER 406.4 MM, OF ALLOY STEEL,

CIRCULAR CROSS SECTION, WELDED/

RIVETED, NESOI7305203000....................... CASING, OIL OR GAS DRILLING, OTHER

THAN SEAMLESS, CIRCULAR CROSS-

SECTION, EXTERNAL DIAMETER OVER

406.4 MM, IRON OR NONALLOY STEEL7305207000....................... CASING, OIL OR GAS DRILLING, OTHER

THAN SEAMLESS, CIRCULAR CROSS-

SECTION, EXTERNAL DIAMETER OVER

406.4 MM, ALLOY STEEL7306110000....................... LINE PIPE FOR OIL OR GAS NOT SEAMLESS

NESOI, OF STAINLESS STEEL7306191000....................... LINE PIPE FOR OIL OR GAS NOT SEAMLESS

NESOI, OF IRON OR NONALLOY STEEL

7306195000....................... LINE PIPE FOR OIL OR GAS NOT SEAMLESS

NESOI, OF ALLOY STEEL OTHER THAN

STAINLESS STEEL7311000000....................... CONTAINERS FOR COMPRESSED OR

LIQUEFIED GAS OF IRON OR STEEL7613000000....................... ALUMINUM CONTAINERS FOR COMPRESSED OR

LIQUEFID GAS8207130000....................... ROCK DRILLING OR EARTH BORING TOOLS

WITH WORKING PART OF CERMETS, AND

PARTS THEREOF8207191030....................... PERCUSSION ROCK DRILL BITS, CORE BITS

AND REAMERS, OF BASE METAL, AND

PARTS THEREOF8207192030....................... ROTARY ROCK DRILL BITS, CORE BITS AND

REAMERS OF BASE METAL, AND PARTS

THEREOF8207195030....................... ROCK DRILLING OR EARTH BORING TOOLS

OF BASE METALS, NESOI, AND PARTS

THEREOF8413500010....................... OIL WELL AND OIL FIELD PUMPS,

RECIPROCATING POSITIVE DISPLACEMENT8413600050....................... OIL WELL AND OIL FIELD PUMPS, ROTARY

POSITIVE DISPLACEMENT8413820000....................... LIQUID ELEVATORS8413920000....................... PARTS OF LIQUID ELEVATORS8421398020....................... ELECTROSTATIC PRECIPITATORS,

INDUSTRIAL GAS CLEANING EQUIPMENT8421398030....................... INDUSTRIAL GAS CLEANING EQUIPMENT,

NESOI8421398040....................... GAS SEPARATION EQUIPMENT8430494000....................... OFFSHORE OIL AND NATURAL GAS DRILLING

AND PRODUCTION PLATFORMS8430498010....................... BORING OR SINKING MACHINERY, ROTARY,

FOR OIL WELL AND GAS FIELD DRILLING8430498020....................... BORING OR SINKING MACHINERY FOR OIL

WELL AND GAS FIELD DRILLING, NESOI8431390050....................... PARTS SUITABLE FOR USE SOLELY OR

PRINCIPALLY WITH THE OIL AND GAS

FIELD MACHINERY OF HEADINGS 8425 TO

84308431434000....................... OFFSHORE OIL AND NATURAL GAS DRILLING

AND PRODUCTION PLATFORM PARTS, OF

SUBHEADING 8430.41 OR 8430.498431438010....................... PARTS OF OIL AND GAS FIELD MACHINERY

OF SUBHEADING 8430.49 EXCEPT PARTS

OF OFFSHORE DRILLING AND PRODUCTION

PLATFORMS8431438090....................... PARTS OF BORING OR SINKING MACHINERY

OF SUBHEADING 8430.41 OR 8430.49,

NESOI8479899850....................... OIL AND GAS FIELD WIRE LINE AND

DOWNHOLE EQUIPMENT8705200000....................... MOBILE DRILLING DERRICKS8708998175....................... PARTS AND ACCESSORIES, FOR MOTOR

VEHICLES OF HEADING 8705.20, NESOI8905200000....................... FLOATING OR SUBMERSIBLE DRILLING OR

PRODUCTION PLATFORMS8905901000....................... FLOATING DOCKS------------------------------------------------------------------------ [79 FR 45680, Aug. 6, 2014]