1. What is the Syria Accountability and Lebanese Sovereignty Restoration Act?
2. How does the SAA affect exports to Syria?
3. Where can I find guidance on the Department of Commerce’s implementation of the SAA?
4. When did these export restrictions take effect?
5. What agency should I contact regarding implementation of 5(a)(2)(D)?
6. Is the license for export or reexport to Syria that BIS issued to me last year still valid?
7. What’s going to happen to my license application pending with BIS now?
8. What about shipments that are in transit?
9. Do I need a license to export items subject to the EAR to Syria?
10. Do I need authorization to transfer items already in Syria?
11. Can I export food and medicine to Syria without a license?
12. What is considered "food"?
14. Are medical devices exempt from the license requirement like food and medicine?
15. What is a “medical device”?
16. What about “deemed exports”?
17. Are there any License Exceptions available?
18. Are there any exemptions to the export restrictions?
20. Are there other U.S. Government agencies that have export controls on Syria?
21. What is SNAP-R?
23. How will I know if BIS has registered my application?
24. What is STELA?
25. How do I classify my commodity?
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
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.
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.
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.
No. All medical devices require a license application to Syria, and license applications are reviewed on a case-by-case basis.
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.
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.
Yes. The following License Exceptions (or portions thereof) are available:
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:
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.
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.
Take a look at our Resource Links Web page that links to other U.S. Government agencies with export responsibilities.
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.
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.
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.
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).
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.
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.