Syria Regulations - FAQs

On December 12, 2003, the President signed the Syria Accountability and Lebanese Sovereignty Restoration Act (SAA) (Public Law 108-175). Congress passed the SAA to sanction Syria for its support for terrorism, its occupation of Lebanon, weapons of mass destruction programs, illegal imports of Iraqi oil, and its role in the ongoing security problems in the Middle East.

2. How does the SAA affect exports to Syria?

Section 5(a)(1) of the SAA requires a prohibition on the export to Syria of all items on the Commerce Control List (CCL). The SAA also requires the President to select at least two of the six additional sanctions defined in Section 5(a)(2)(A) - (F). The President has chosen to implement Sections 5(a)(2)(A) and (D) at this time. Section 5(a)(2)(A) is a prohibition on the export or reexport to Syria of all products of the United States, with the exception of food and medicine.

The result of the implementation of Sections 5(a)(1) and 5(a)(2)(A) of the SAA is to restrict the export and reexport of all items subject to the Export Administration Regulations (EAR) to Syria as specified in the Department of Commerce’s General Order No. 2, as set forth in Supplement No. 1 to Part 746 of the EAR.

3. Where can I find guidance on the Department of Commerce’s implementation of the SAA?

The Department of Commerce’s implementation of the SAA is contained in General Order No. 2 (link), an amendment to the EAR, which the Bureau of Industry and Security (BIS) published on May 14, 2004. You can also find Web guidance on Syria on our Web site.

4. When did these export restrictions take effect?

These restrictions were effective on May 14, 2004, the day that the Department of Commerce published General Order No. 2 in the Federal Register, and consistent with the President’s implementation of Sections 5(a)(1) and 5(a)(2)(A) of the SAA, as set forth in Executive Order 13338 of May 11, 2004. General Order No. 2 describes the application of the SAA to pending export transactions.

5. What agency should I contact regarding implementation of 5(a)(2)(D)?

The Department of Transportation implements 5(a)(2)(D) of the SAA restricting Syrian aircraft from taking off from, landing in, or overflying the United States except in limited circumstances.

General Order No. 2

6. Is the license for export or reexport to Syria that BIS issued to me last year still valid?

No. General Order No. 2 revokes all existing licenses and other authorizations for export or reexport to Syria. BIS will send a letter of revocation to all license holders. In the interim, you may not use your license to export or reexport to Syria.

If you believe that your previously-authorized transaction is eligible for consideration pursuant to the President’s exercise of the national security waiver in the SAA, you should submit an application to BIS.

7. What’s going to happen to my license application pending with BIS now?

BIS is reviewing all pending applications requesting authorization to export or reexport to Syria. We will return without action (RWA) those applications that are ineligible for consideration pursuant to the licensing parameters in General Order No. 2. Applications that qualify for consideration will be subject to interagency review and recommendation. We will complete the processing of these applications as quickly as possible, starting with the oldest applications.

8. What about shipments that are in transit?

As provided in the Savings Clause found in General Order No. 2, items that are on the dock for loading, on lighter, laden aboard an exporting carrier or en route aboard a carrier to a port of export on May 14, 2004, remain subject to the licensing policy and requirements applicable as of May 13, 2004. Items that are not exported or reexported by midnight on [May 28, 2004] are eligible for export or reexport only as authorized under General Order No. 2.

License Requirements

9. Do I need a license to export items subject to the EAR to Syria?

The export or reexport to Syria of any item subject to the EAR requires a license from BIS. BIS does not require a license for the export or reexport of food or medicine classified as EAR99. However, the end-use and end-user restrictions defined in Part 744 of the EAR continue to apply to all transactions.

10. Do I need authorization to transfer items already in Syria?

If the item is subject to the EAR and was exported or reexported to Syria under a BIS license that includes a retransfer restriction, additional authorization to transfer the item to an end-user or end-user not party to the authorities of the original license is required. To obtain such authorization, please submit the letter with the license reference number and all details of the proposed transfer to the following address:

Office of Exporter Services
Bureau of Industry and Security
U.S. Department of Commerce
14th and Pennsylvania Avenue, N.W.
Room 1099D
Washington, D.C. 20230

11. Can I export food and medicine to Syria without a license?

Yes, food and some types of medicines - specifically, those classified as EAR99 - may be exported or reexported to Syria without a license. Medicines controlled on the Commerce Control List require a license for export or reexport to Syria.

12. What is considered "food"?

Within the context of the SAA, "food" is defined as items that are consumed by and provide nutrition to humans and animals, as well as seeds that germinate into items that will be consumed by and provide nutrition to humans and animals. All items within the scope of this definition, with the exception of castor bean seeds, are eligible for export or reexport to Syria without a license. Castor bean seeds require a BIS license for export or reexport to Syria.

13. What is “medicine”?

Medicine is defined in Section 772 of the EAR. For purposes of the EAR, medicines include prescriptions and over the counter medicines for humans and animals. Note that certain medicines, such as vaccines and immunotoxins, are on the CCL. Only items meeting the definition of “medicine” and that are classified as EAR99 are eligible for export to Syria without a license.

14. Are medical devices exempt from the license requirement like food and medicine?

No. All medical devices require a license application to Syria, and license applications are reviewed on a case-by-case basis.

15. What is a “medical device”?

Medical devices are defined in Section 772 of the EAR. They include medical supplies, instruments, equipment, equipped ambulances, institutional washing machines (for sterilization), and vehicles with medical testing equipment. Note that the parts and components necessary to repair or maintain medical devices may be controlled separately on the CCL.

“Deemed” Exports

16. What about “deemed exports”?

BIS requires a license for all “deemed exports” and “deemed reexports” to Syrian foreign nationals of technology or source code controlled on the CCL. BIS will review applications for such transactions involving Syrian nationals on a case-by-case basis.

License Exceptions

17. Are there any License Exceptions available?

Yes. The following License Exceptions (or portions thereof) are available:

TMP (Section 740.9(a)(2)(viii) of the EAR only), for items for use by the news media;
GOV (Section 740.11(b)(i) and (ii) of the EAR only), for items for personal and official use by personnel and officials of the U.S. Government;
TSU (Section 740.13(a), (b) and (c) of the EAR only), for operation technology and software, sales technology, and software updates;
BAG (Section 740.14 of the EAR) for exports of items as personal baggage by individuals leaving the United States (note that the shotguns and shotgun shells described under Section 740.14 (e) of the EAR are not permitted to be exported to Syria under License Exception BAG); and
AVS (Section 740.15(a)(4) of the EAR only), for the reexport of civil aircraft on temporary sojourn to Syria.

Licensing Policy

18. Are there any exemptions to the export restrictions?

Yes. BIS will review license applications for exports or reexports to Syria under a general policy of denial. However, based on the President’s exercise of national security waiver authority pursuant to the SAA, the following transactions will be reviewed on a case-by-case basis:

exports and reexports of items necessary for the performance of official functions by United States Government personnel abroad.
medicines controlled on the CCL and medical devices 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; and
items in support of United Nations operations in Syria.

The applications will also be forwarded to the other agencies participating in the review process (the Departments of State, Defense and Energy), in accordance with standard licensing processes. Certain License Exceptions may also be available.

Additionally, the export and reexport of items not subject to the EAR, including informational materials in the form of books and other media, publically available software and technology, and technology exported in the form of a patent application or an amendment, modification or supplement thereof, are not restricted under General Order No. 2, and do not require a BIS license to ship to Syria.

General Licensing

19. What do I do if the purchaser in Syria asks me to ship to a recipient or a location that is different from the recipients or locations I submitted in my application?

If BIS is still processing your license application, please contact us with complete information relating to the change. If BIS has already authorized your transaction, a change in location may not be a problem; see §750.7(c) of the EAR for information on non-material changes to licenses. A change in recipient constitutes a material change to your license and you will have to resubmit for new authorization. Regardless, if you know or have reason to believe that the change in recipient or location is an attempt to evade the U.S. export controls or otherwise violate U.S. law, please contact BIS.

20. Are there other U.S. Government agencies that have export controls on Syria?

Take a look at our Resource Links Web page that links to other U.S. Government agencies with export responsibilities.

21. What is SNAP-R?

SNAP-R is the acronym for BIS's Simplified Network Application Process Redesign. It allows exporters to electronically submit export/reexport license applications, notifications, and commodity classification requests. See the online information about SNAP-R.

22. Where can I get forms?

You may request forms on-line or by contacting the Office of Exporter Services at 202-482-4811. In addition, the Department of Commerce's Commercial Service district offices often have forms. Check your local listing for the locations of Department of Commerce offices.

23. How will I know if BIS has registered my application?

You may call BIS’s "System for Tracking Export License Applications" (STELA) at 202-482-2752 and enter the Application Control Number (it begins with "Z" followed by six digits) for the status of their applications.

24. What is STELA?

STELA is the acronym for BIS's automated System for Tracking Export License Applications. It is an automated voice response system that you can access using a touch-tone phone (see question 23 above).

25. How do I classify my commodity?

To classify your product, you should begin with a review of the general characteristics of your item. This will usually guide you to the appropriate category on the CCL. Once the appropriate category is identified, you should match the particular characteristics and functions of your item to a specific Export Control Classification Number (ECCN). (See "Do I Need an ECCN" for additional information)

You can also request an official commodity classification from BIS. A commodity classification request requires the submission of an application and technical specifications of your commodity, software or technology to BIS. To submit a classification request use Form BIS-748P or submit via the internet using the Simplified Network Application Process Redesign (SNAP-R). Form BIS-748P can be obtained by calling BIS's Exporter Counseling Division, the Western Regional Office, or on-line through this Web site.

26. How do I contact BIS?

Your first point of contact with questions regarding export control policies and procedures at BIS is the Office of Exporter Services, Outreach and Education Services Division at 202-482-4811.

Syria Frequently Asked Questions

Syrian Accountability and Lebanese Sovereignty Restoration Act

1. What is the Syria Accountability and Lebanese Sovereignty Restoration Act?