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Sanctions and Embargoes

Where is my export going, and is it subject to any regulations or government authorization such as a license or license exception? This is a question each exporter should be able to answer prior to tendering any shipment.

Destination controls are established by multiple government agencies.  What may be permitted by one agency can be denied by another.  To complicate matters further, the item being exported or the parties to the transaction can play into the equation to determine whether a transaction is permitted or not; and whether an authorization will be required: 

Let DSV assist you in navigating through these complex regulations. 

US Department of Commerce - The Bureau of Industry & Security (BIS)

The BIS administers a set of regulations referred to as the Export Administration Regulations (EAR). The EAR applies to items found on the Commerce Control List (CCL). An unofficial copy of the EAR can be found at: The Unofficial EAR  15 CFR Part 730-750 

The BIS has their own set of country sanctions that can be found here: EAR Part 746 - Embargoes and Other Special Controls 

US Department of Treasury - Office of Foreign Asset Control (OFAC) 

OFAC administers various Sanction programs, primarily imposing financial sanctions on parties as well as entire countries. OFAC Sanctions Programs and Country Information 

Exporters should also screen their transactions for Denied and prohibited persons as well.  Various commercial software providers offer Denied Party Screening Software to screen against the lists published by various government agencies.  OFAC provides a web-based screening option but it only has persons from the various OFAC lists can be found here . Although OFAC lists contain the most names, it does not encompass lists outside of OFAC, and so users need to be cautious as the list is not all encompassing.

Party screening and end-user vetting needs to a shared responsibility.  Each party to a transaction needs to conduct its own screening of the parties they work with.  DSV has screening software that integrates with its operating systems and screens the parties multiple time for each transaction.

US State Department - Directorate of Defense Trade Controls (DDTC)

The US State Department Directorate of Defense Trade Controls (DDTC) regulates shipments that are found on the US Munitions List (USML). Their regulations are called the International Traffic in Arms Regulations (ITAR); and can be found in the Code of Federal Regulations (CFR). See 22 CFR Parts 120 - 130 . The USML can be found in Part 121 of the ITAR.

In addition to the ITAR, the DDTC publishes policies and guidelines for specific countries which can be found here . 

DSV has assembled the below quick-reference guide below to sanctioned and embargoed countries and the agency that has possible control.  It is not a comprehensive list and is subject to change without notice.  You must refer to the agency’s regulations to determine the level of sanctions.

 Country  BIS  OFAC STATE  UN
Afghanistan
     X  X
Balkans    X    
Belarus     X
 X  
Burma (Myanmar)      X  
Burundi    X    
Central African Republic    X  X  X
China      X  
Cuba  X  X   X   
Cyprus      X  
Dem. Rep of the Congo (Zaire)    X  X  X
Eritrea      X  X
Guinea - Bissau        X
Haiti      X  
Iran  X  X  X   X
Iraq  X  X   X   X
Kenya        X
Kuwait        X
Kyrgzystan      X  
Lebanon    X  X  X
Libya    X  X  X
Myanmar (Burma)      X  
North Korea  X  X  X
Russia    X   X   
Somalia    X  X  X
Sudan  X   X   X  X
Syria   X  X  X  X
Ukraine     X    
Venezuela     X  X  
Yemen     X     
Zimbabwe     X  X  X

 

 

 

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