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Rules and Regulations
Federal Register Vol. 86, No. 51
Thursday, March 18, 2021

This section of the FEDERAL REGISTER
contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.

FOR FURTHER INFORMATION CONTACT:

Alexander Lopes, Office of Nonproliferation and Treaty Compliance, Bureau of Industry and Security, Department of Commerce.
Phone: 202 4823825; Email:
Alexander.Lopes@bis.doc.gov.
SUPPLEMENTARY INFORMATION:

Implementation of Chemical and Biological Weapons Control and Warfare Elimination Act of 1991
Sanctions on Russia-Related Exports and Reexports of Items Controlled for National Security Reasons
DEPARTMENT OF COMMERCE
Bureau of Industry and Security 15 CFR Parts 740 and 742
Docket No. 2102190027
RIN 0694XC071

Russia: Implementation of Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 CBW
Act Sanctions Bureau of Industry and Security, Commerce.
ACTION: Notification of implementation.
AGENCY:

The Secretary of State, acting under authority delegated pursuant to Executive Order 12851, has determined pursuant to the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 CBW Act that the Government of the Russian Federation has used chemical or biological weapons in violation of international law or lethal chemical or biological weapons against its own nationals. The sanctions imposed on Russia in connection with this determination include a prohibition, subject to partial waiver, on the export to Russia of national security-controlled goods and technology subject to the Export Administration Regulations EAR. Pursuant to the EAR, BIS already maintains controls on exports and reexports to Russia of national securitycontrolled items commodities, software and technology that are subject to the EAR. This document informs the public that, consistent with BISs implementation of the CBW Act sanctions, certain license exceptions will be suspended for use with national security-controlled items destined for Russia, and most license applications for exports or reexports of national security-controlled items destined for Russia will be reviewed under a presumption of denial.
DATES: March 18, 2021.

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SUMMARY:

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The Secretary of State, acting under authority delegated pursuant to Executive Order 12851, has determined pursuant to Section 306a of the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 CBW Act that the Government of the Russian Federation has used chemical weapons in violation of international law or lethal chemical weapons against its own nationals. The sanctions imposed on Russia in connection with this determination include a prohibition on the export to Russia of national security-controlled goods and technology subject to the Export Administration Regulations EAR. The Secretary of State also issued a partial waiver under the CBW Act of these sanctions on national security grounds. Pursuant to Section 742.4 of the EAR, BIS already maintains controls on exports and reexports to Russia of national security-controlled items commodities, software and technology that are subject to the EAR. Consistent with BISs implementation of the CBW
Act sanctions, license applications for exports or reexports of national securitycontrolled items to Russia will be reviewed under a presumption of denial. However, certain categories of exports and reexports will be permitted under a partial waiver of the application of the sanctions, including exports and reexports made under certain License Exceptions. A License Exception is an authorization allowing exports, reexports, or transfers in-country under stated conditions of items subject to the EAR that would otherwise require a license. Notably, as described in more detail below, one of the waiver provisions for commercial space launch activities will expire on September 1, 2021, after which time the prohibition
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will apply to the review of such license applications.
While the focus of this document is on BISs implementing actions, exporters of items subject to the EAR
should also be aware that in order to take additional steps to address Russias use of chemical weapons, the Department of State is amending the International Traffic in Arms Regulations ITAR 126.1d2 to include Russia in the list of countries subject to a policy of denial for exports of defense articles and defense services.
Consistent with Note 1 to Country Group D:5 in Supplement No. 1 to part 740 of the EAR, countries included in 126.1 of the ITAR are also considered to be in Country Group D:5. Placement of a country in Country Group D:5
generally limits the availability of license exceptions for exports and reexports of certain items. See, generally, 15 CFR part 740.
Prohibitions Except as described below under National Security Waiver, effective March 18, 2021, license applications for exports or reexports of national securitycontrolled items to Russia will be reviewed under a presumption of denial. In particular, this policy applies to commercial end-users and civil enduses in Russia and to state-owned enterprises and state-funded enterprises in Russia.
Further, in accordance with the implementation of these new sanctions under the CBW Act, and consistent with Section 740.2b of the EAR, which provides that all License Exceptions are subject to revision, suspension, or revocation, in whole or in part, without notice, BIS hereby suspends License Exception RPL Service and Replacement of Parts and Equipment, License Exception TSU Technology and Software Unrestricted, and License Exception APR Additional Permissive Reexports for use with items controlled for national security reasons that are destined to Russia.
National Security Waiver The Secretary of State has determined and certified to Congress pursuant to Section 307d of the CBW Act that it is essential to the national security interest of the United States to partially waive the application of the statute with respect to sanctions on the licensing of certain exports and reexports as
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