Syria - Web Guidance

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Syria Web Guidance

Overview

Pursuant to the Syria Accountability and Lebanese Sovereignty Restoration Act (SAA) of 2003, BIS requires a license for the export or reexport to Syria of all items subject to the Export Administration Regulations (EAR), except food and medicines not on the Commerce Control List (CCL). Pursuant to the waiver authority exercised by the President in Executive Order 13338, BIS may consider several categories of items on a case-by-case basis including medicines on the CCL and medical devices; parts and components intended to ensure the safety of civil aviation and the safe operation of commercial passenger aircraft; and telecommunications equipment and associated computers, technology, and software. License applications for other exports and reexports to Syria are subject to a general policy of denial. Licensing policy for the export or reexport of items to Syria may be found in General Order No. 2 (Supplement No. 1 to Part 736 of the EAR).

Background

On December 12, 2003, the President signed the Syria Accountability and Lebanese Sovereignty Restoration Act (SAA) (Public Law 108-175).

Section 5(a)(1) of the SAA requires the President to prohibit the export to Syria of all items on the Commerce Control List (CCL). The SAA also requires the President to select additional sanctions from a list set forth in Section 5(a)(2). One of these sanctions, implemented pursuant to Executive Order 13338 of May 11, 2004, is a prohibition on the export or reexport to Syria of all products of the United States, with the exception of food and medicine.

General Order No. 2

Consistent with the implementation of Sections 5(a)(1) and 5(a)(2) of the SAA, as set forth in Executive Order 13338 of May 11, 2004, all exports or reexports to Syria of items subject to the Export Administration Regulations (EAR) are subject to the licensing requirements and policy specified in the Department of Commerce’s General Order No. 2 in Supplement No. 1 to Part 736 of the EAR, published in the Federal Register on May 14, 2004. The President has also exercised his national security waiver authority pursuant to Section 5(b) of the SAA for certain transactions, as indicated below.

License Requirements

The export or reexport to Syria of any item subject to the EAR, other than food or medicines not on the CCL, requires a license from BIS. Published information and publicly available software and technology are not subject to the EAR, and therefore do not require a BIS license for export or reexport to Syria.

Food.

For the purpose of exports and reexports to Syria, food is defined in Section 772 of the EAR as items that are consumed by and provide nutrition to humans and animals, and seeds, with the exception of castor bean seeds, that germinate into items that will be consumed by and provide nutrition to humans and animals. Examples of "food" include, but are not limited to, processed or unprocessed food items for human consumption, feed, livestock, vitamins, minerals, food additives, dietary supplements and bottled water. Food does not include cigarettes, alcoholic beverages, or gum.

Medines not on the CCL.

Medicines are also defined in Section 772 of the EAR with reference to the definition of “drug” in Section 201 of the Federal Food, Drug and Cosmetic Act (21 U.S.C. 321). For the purposes of the EAR, medicines include prescription and over the counter medicines for humans and animals. Certain medicines, such as vaccines and immunotoxins, are on the CCL and therefore require a license for export or reexport to Syria. BIS reviews applications to export these medicines on a case-by-case basis (see Licensing Policy below).

Published Information and Publicly Available Software and Technology.

Published information and publicly available software and technology are described in Part 734 of the EAR. Guidance related to determining whether software and technology is subject to the EAR may be found in Supplement No. 1 to Part 734.

License Exceptions

A License Exception is an authorization to export or reexport certain items under stated conditions without a license, even though such exports or reexports would otherwise require a license. Only those License Exceptions specifically delineated within General Order No. 2 are available for exports or reexports to Syria. The following License Exceptions (or portions thereof) are available:

Temporary Imports, Exports, and Reexports (TMP) (Section 740.9(a)(2)(viii) only), for items for use by the news media;
Governments, International Organizations, and International Inspections under the Chemical Weapons Convention (GOV) (Section 740.11(b)(2)(i) and (ii) only), for items for personal and official use by personnel and officials of the U.S. Government;
Technology and Software – Unrestricted (TSU) (Section 740.13(a), (b) and (c) only), for operation technology and software, sales technology, and software updates;
Baggage (BAG) (Section 740.14(a) through (d)) 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
Aircraft and Vessels (AVS) (Section 740.15(a)(4) only), for the reexport of civil aircraft on temporary sojourn to Syria.

Licensing Policy

Items requiring a license for export or reexport to Syria are subject to a general policy of denial. However, BIS may review several categories of items on a case-by-case basis, including:

Medicines on the CCL and Medical Devices.

Certain medicines, such as vaccines and immunotoxins, are on the CCL and therefore require a license for export or reexport to Syria. Medical devices are defined in Section 772 of the EAR with reference to the Federal Food, Drug and Cosmetic Act (21 U.S.C. 321). For purposes of the EAR, medical devices include medical supplies, instruments, equipment, equipped ambulances, institutional washing machines for sterilization, and vehicles with medical testing equipment. Note that certain component parts and spares to be exported or reexported for incorporation into medical devices are on the CCL and therefore require a license for export or reexport to Syria.

Telecommunications Equipment and Associated Computers, Software, and Technology.

Telecommunications equipment encompasses items necessary to promote the free flow of information.

Parts and Components Intended to Ensure the Safety of Civil Aviation and the Safe Operation of Commercial Passenger Aircraft.

Parts and components intended to ensure the safety of civil aviation and to ensure the safe operation of commercial passenger aircraft may be considered on a case-by-case basis.

Other Categories of Items.

BIS may also consider, on a case-by-case basis, license applications to export items necessary for the performance of official functions by personnel of United States Government, items in support of United Nations operations in Syria, and aircraft chartered by the Syrian Government for the transport of Syrian Government officials on official Syrian Government business.

Syria: Frequently Asked Questions and Answers

1. What can be exported to Syria without a BIS license?
2. What is considered "food"?
3. What is considered "medicine"?
4. Are "medical devices" considered medicine?
5. Are medical devices exempt from the license requirement?
6. Do "deemed exports" and "deemed reexports" require a license?
7. Can any applications for items that require licenses for export or reexport to Syria be approved?
8. Are there other U.S. Government agencies that have export controls on Syria?
9. May goods destined to other countries transit Syria without a BIS license?
10. Who do I contact if I have questions related to exports/reexports to Syria?

Syria FAQs

1. What can be exported to Syria without a BIS license?
Only food and medicines not on the Commerce Control List (CCL) may be exported or reexported to Syria without a BIS license. All other items subject to the Export Administration Regulations (EAR) require a license for the export or reexport to Syria.

2. What is considered "food"?
Within the context of the Syria Accountability and Lebanese Sovereignty Restoration Act of 2003 (SAA), "food" is defined as items that are consumed by and provide nutrition to humans and animals, and seeds, with the exception of castor bean seeds, that germinate into items that will be consumed by and provide nutrition to humans and animals (food does not include cigarettes, alcoholic beverages, or gum). All items within the scope of this definition are eligible for export or reexport to Syria without a license.

3. What is considered "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 designated as EAR99 (i.e., items subject to the EAR, but not covered by any Export Control Classification Number on the CCL) are eligible for export to Syria without a license.

4. Are "medical devices" considered medicine?
No. All medical devices require a license application for export to Syria, and license applications are reviewed on a case-by-case basis.

5. Are medical devices exempt from the license requirement?
This rule applies the term "staff and employees" to this provision of License Exception TMP instead of the term "employees" that applies to other tools of trade exports under License Exception TMP. Use of "staff and employees" allows the use of License Exception TMP for temporary tools of trade exports by persons traveling to Sudan at the direction of, or with the knowledge of, an organization eligible for this License Exception, even if that person is not an employee of that organization. For example, we would consider a health care worker traveling from the United States to Sudan to act as a volunteer providing medical care as part of the activities of an eligible organization to be "staff" under this rule, even if that person is not an employee of the eligible organization.

6. Do “deemed exports” and “deemed reexports” require a license?
BIS requires a license for “deemed exports” and “deemed reexports” as described in Section 734.2(b) of the EAR to Syrian nationals of technology or source code listed on the CCL. BIS reviews applications for such transactions on a case-by-case basis. BIS does not require a license for “deemed exports” and “deemed reexports” to Syrian nationals of technology or source code subject to the EAR but not listed on the CCL.

7. Can any applications for items that require licenses for export or reexport to Syria be approved?
Yes. Pursuant to the waiver authority exercised by the President in Executive Order 13338, BIS may consider licensing the export of several categories of items on a case-by-case basis including medicines on the CCL and medical devices; parts and components intended to ensure the safety of civil aviation and the safe operation of commercial passenger aircraft; and telecommunications equipment and associated computers, technology, and software.

8. Are there other U.S. Government agencies that have export controls on Syria?
The Department of the Treasury, Office of Foreign Assets Control, (OFAC), maintains the Specially Designated Nationals (SDN) List. OFAC’s regulations may prohibit a transaction if a party on this list is involved. Exports that would otherwise be eligible for shipment without a license may require a license if any party to the transaction is on the SDN List, or a party on the SDN List has a controlling interest in a party to the transaction.

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.

Additionally, our webpage provides links to other U.S. Government agencies with export responsibilities.

9. May goods destined to other countries transit Syria without a BIS license?
Yes, as long as no separate license requirement applies to the other countries. If that is the case, you do not need to obtain a license to transit an item through Syria.

10. Who do I contact if I have questions related to exports/reexports to Syria?
For questions specific to Syria, contact the BIS Office of Nonproliferation and Treaty Compliance, Foreign Policy Division at 202-482-4252.