The Bureau of Industry Security (BIS) issued a final rule on September 15, 2022, that imposes new export controls against Russia and Belarus by adding lower-level items that could potentially be used for chemical and biological weapons production capabilities.
Since Russia invaded Ukraine, we have seen multiple new sanctions parties issued as well as many items that are restricted for export to Russia and Belarus. In this final rule many chemicals that are designated EAR99 under the Commerce Control list are now listed as being restrictive and will require a BIS license to export, re-export and transfer to or within Russia or Belarus.
Exporters and logistic providers have set up system edits to assist the order flows to catch and flag products moving to certain countries in the world especially if they have an ECCN number. However, under this final rule, the system edits will not highlight the listed chemicals. Also, the items are identified by Chemical Abstract Numbers (CAS) where applicable to assist exporters, re-exporters, and transferors with identifying items subject to this license requirement and do not show the schedule B or the HTS number.
Another item that we need to keep a careful eye on, are those chemicals moving to countries that may be re-exporting the items to Russia and Belarus, since they are listed as EAR99 in the Export administration regulations. Extreme caution needs to be taken to review new orders to new customers that may be placing an order for any of the listed chemicals.
There is a listing of 83 different CAS numbers: 41 in which chemicals in concentrations of 95% weight or greater are presented, and 38 listing of chemicals in concentrations of 90% weight or greater, and 4 listings of Fentanyl and chemical precursors to the central nervous system.
Please find the posted Federal Register notice of the final rule, along supplement No 6 to part 746 will provide you the import list of chemicals with their CAS numbers (below).
(a) Chemicals in concentrations of 95% weight or greater, as follows:
(b) Chemicals in concentrations of 90% weight or greater, as follows:
(c) Fentanyl and its derivatives
Alfentanil, Sufentanil, Remifentanil, Carfentanil, thiafentanil, and salts thereof.
Note 1 to paragraph (c): The items in paragraph (c) are from the EU list, as X.C.IX.002.
Note 2 to paragraph (c): Consistent with EU List X.C.IX.002, paragraph (c) does not control products identified as consumer goods packaged for retail sale for personal use or packaged for individual use.
(d) Chemical precursors to Central Nervous System Acting Chemicals, as follows:
If you require any further information on managing your orders under this final rule, please do not hesitate to reach out to me.