[Federal Register Volume 87, Number 45 (Tuesday, March 8, 2022)]
[Rules and Regulations]
[Pages 12856-12860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04912]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 738 and 746

[Docket No. 220303-0068]
RIN 0694-AI76


Expansion of Sanctions Against the Russian Industry Sector Under 
the Export Administration Regulations (EAR)

AGENCY: Bureau of Industry and Security, Department of Commerce.

ACTION: Final rule.

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SUMMARY: In response to the Russian Federation's (Russia's) further 
invasion of Ukraine, the Department of Commerce is expanding the 
existing sanctions against the Russian industry sector by adding a new 
prohibition under the Export Administration Regulations (EAR) that 
targets the oil refinery sector in Russia. These new export controls 
will further limit revenue that could support the military capabilities 
of Russia.

DATES: This rule is effective on March 3, 2022.

FOR FURTHER INFORMATION CONTACT: For questions on this final rule, 
contact Eileen Albanese, Director, Office of National Security and 
Technology Transfer Controls, Bureau of Industry and Security, 
Department of Commerce, Phone: (202) 482-0092, Fax: (202) 482-482-3355, 
Email: [email protected]. For emails, include ``Russia Industry Sector 
Sanctions Expansion'' in the subject line.

SUPPLEMENTARY INFORMATION:

I. Background

    In response to Russia's February 2022 further invasion of Ukraine, 
the Bureau of Industry and Security (BIS) imposed extensive sanctions 
on Russia under the Export Administration Regulations (15 CFR parts 
730-774) (EAR) as part of the final rule, Implementation of Sanctions 
Against Russia Under the Export Administration Regulations (EAR), 
effective February 24, 2022 (``Russia Sanctions rule'').\1\ As 
described in the Russia Sanctions rule's preamble, Russia's invasion of 
Ukraine flagrantly violates international law, is contrary to U.S. 
national security and foreign policy interests, and undermines global 
order, peace, and security, and consequently necessitated the 
imposition of stringent sanctions.
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    \1\ 87 FR 12226 (March 3, 2022).
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    The export control measures implemented in this final rule build 
upon the policy objectives set forth in the Russian Sanctions rule by 
further restricting Russia's access to items that it needs to support 
its military capabilities.
    The changes made by this rule are intended to further limit the 
Russian oil sector by restricting the export, reexport and transfer 
(in-country) of additional items needed for oil refining. Sale of 
gasoline produced from Russian oil is a major source of revenue for 
Russia. Limiting the export, reexport and transfer (in-country) of 
critical oil refining equipment will consequently reduce Russia's 
ability to generate revenue that the country needs to support its 
military capabilities.
    As described below, this rule expands the scope of the sanctions 
against the Russian industry sector that were originally added to the 
EAR in August 2014 in response to Russia's 2014 destabilizing conduct 
in Ukraine and occupation of the Crimea region of Ukraine. See 79 FR 
45675 (Aug. 6, 2014). The export controls in this final rule target the 
oil refinery sector in Russia. These new export controls under the EAR, 
implemented in parallel with similarly stringent measures by partner 
and allied countries, will further limit sources of revenue that could 
support the military capabilities of Russia.

II. Overview of New Controls

    This final rule amends part 746 of the EAR (Embargoes and Other 
Special Controls) to expand the scope of the Russian industry sector 
sanctions by adding a new general prohibition that will apply to 
additional Harmonized Tariff Schedule (HTS)-6 codes and Schedule B 
numbers for all exports, reexports, and transfers (in-country) to or 
within Russia.

III. Amendments to the Export Administration Regulations (EAR)

A. Expansion of Russian Industry Sanctions and Conforming Change

1. Expansion of Russian Industry Sector Sanctions by Adding a New 
Prohibition
    Under Sec.  746.5 of the EAR (Russian industry sector sanctions), 
this final rule revises paragraph (a) (License requirement) to expand 
the scope of the general prohibition under paragraph (a)(1). Prior to 
this rule, this general prohibition applied to the export, reexport or 
transfer (in-country) of certain items in situations where a person had 
``knowledge,'' for purposes of the EAR, that the item would be used 
directly or indirectly in Russia's energy sector for exploration or 
production from deepwater, Arctic offshore, or shale projects in Russia 
that have the potential to produce oil or gas, or where a person was 
unable to determine whether the item would be used in such projects in 
Russia.
    This final rule adds a new paragraph (a)(1)(ii) to expand the scope 
of the general prohibition under this section by imposing an additional 
license requirement for exports, reexports or transfers (in-country) of 
any item subject to the EAR listed in new supplement no. 4 to part 746 
to and within Russia. Unlike the existing prohibition (reordered to 
appear in new paragraph (a)(1)(i)), the prohibition under new paragraph 
(a)(1)(ii) does not include a ``knowledge'' requirement.
    This final rule also adds new paragraph (a)(1)(iii) to provide 
cross-references to other EAR license requirements for Russia and 
guidance for submitting license applications required pursuant to this 
section. Additionally, this final rule adds new

[[Page 12857]]

supplement no. 4 to part 746--HTS Codes and Schedule B Numbers that 
Require a License for Export, Reexport, and Transfer (in-country) to or 
within Russia pursuant to Sec.  746.5(a)(1)(ii), to identify the items 
by HTS code and Schedule B number that will be subject to the 
prohibition under paragraph (a)(1)(ii). Supplement no. 4 will include 
four columns consisting of the HTS Code, HTS Description, Schedule B 
and Schedule B Description to assist exporters, reexporters, and 
transferors to identify the products in this supplement. There is no 
difference in the scope of products identified in the supplement by 
HTS-6 code and HTS description or by the Schedule B number and Schedule 
B description. The inclusion of both the HTS-6 codes and Schedule B 
numbers will assist exporters, reexporters, and transferors if they 
have difficulty in identifying a product based on either the HTS codes 
or Schedule B numbers alone.
    Under paragraph (b) (Licensing policy), this final rule adds new 
paragraph (b)(1) for the text that appeared in paragraph (b) prior to 
this final rule, which will specify the licensing policy for the 
license requirements under new paragraph (a)(1)(i). This rule changes 
the license review policy that appeared in paragraph (b) which is now 
paragraph (b)(1) in this rule from a presumption of denial to the more 
restrictive policy of denial. This change in the license review policy 
is made to harmonize with the license review policy in new paragraph 
(b)(2) for the license requirements under paragraph (a)(1)(ii), as well 
as with the license review policies that have been adopted for other 
sanctions against Russia. This final rule adds a new paragraph (b)(2) 
to add the review policy, a policy of denial, that will be applicable 
to applications that fall within the scope of paragraph (a)(1)(ii). 
However, for both the license review policies in paragraphs (a)(1)(i) 
and (ii), this rule specifies that applications for export, reexport, 
or transfer (in-country) of items that may be necessary for health and 
safety reasons will be reviewed under a case-by case license review 
policy. This inclusion of this case-by-case license review policy is 
consistent with other parts of the Russia Sanctions rule, in 
particular, the inclusion of a case-by-case license review policy 
related to safety of flight and maritime safety. BIS also notes that 
license applicants may request emergency processing of license 
applications by following the procedures identified in Sec.  748.4(h) 
(Emergency processing) of the EAR. Under Sec.  748.4(h), BIS will 
expedite its evaluation, and attempt to expedite the evaluations of 
other government agencies, of a license application when, in BIS's 
judgment, the circumstances justify emergency processing.
    BIS estimates that new license requirements under Sec.  
746.5(a)(1)(ii) will result in an additional 20 license applications 
being submitted to BIS annually.
2. Conforming Changes
    Based on the foregoing changes to the EAR in Sec.  746.5(a)(1) and 
the addition of supplement no. 4 to part 746, in supplement no 1 to 
part 738--Commerce Country Chart, this final rule also makes one 
conforming change to footnote 6 to the Commerce Country Chart to add a 
reference to new supplement no. 4 to part 746. This conforming revision 
is made so exporters, reexporters, and transferors are aware of the 
need to review supplement no. 4 to part 746 as part of their analysis 
of the license requirements in Sec.  746.5(a)(1)(ii).
    This rule also adds one sentence at the end of the introductory 
text of supplement no. 2 to part 746--Russian Industry Sector Sanction 
List--to provide guidance on one Schedule B number that is identified 
in both supplements no. 2 and no. 4 to part 746. This sentence 
clarifies that Schedule B number 8479.89.9850 is listed on both 
supplements no. 2 and 4, and that exporters, reexporters, and 
transferors must comply with the license requirements under both Sec.  
746.5(a)(1)(i) and (ii), as applicable, for Schedule B number 
8479.89.9850.
3. Impact of These Changes on Entity List Entries That Reference Sec.  
746.5
    This rule does not change the Entity List in supplement no. 4 to 
part 744. Seventy-five entries on the Entity List have a license 
requirement for all items subject to the EAR when used in projects 
specified in Sec.  746.5 of the EAR. BIS clarifies here that for 
purposes of the Entity List entries that reference Sec.  746.5, the 
license requirements set forth on the Entity List apply when items are 
used in the projects specified in Sec.  746.5(a)(1)(i), but that 
exporters, reexporters, or transferors must also review the transaction 
against the license requirements in Sec.  746.5(a)(1)(ii), as well as 
all other applicable EAR license requirements.
Savings Clause
    For the changes being made in this final rule, shipments of items 
removed from eligibility for a License Exception or export, reexport, 
or transfer (in-country) without a license (NLR) as a result of this 
regulatory action that were en route aboard a carrier to a port of 
export, reexport, or transfer (in-country), on March 7, 2022, pursuant 
to actual orders for export, reexport, or transfer (in-country) to or 
within a foreign destination, may proceed to that destination under the 
previous eligibility for a License Exception or export, reexport, or 
transfer (in-country) without a license (NLR).

Export Control Reform Act of 2018

    On August 13, 2018, the President signed into law the John S. 
McCain National Defense Authorization Act for Fiscal Year 2019, which 
included the Export Control Reform Act of 2018 (ECRA) (codified, as 
amended, at 50 U.S.C. Sections 4801-4852). ECRA provides the legal 
basis for BIS's principal authorities and serves as the authority under 
which BIS issues this rule.

Rulemaking Requirements

    1. This final rule is not a ``significant regulatory action'' 
because it ``pertain[s]'' to a ``military or foreign affairs function 
of the United States'' under sec. 3(d)(2) of Executive Order 12866.
    2. Notwithstanding any other provision of law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.) (PRA), unless that collection of information displays a currently 
valid Office of Management and Budget (OMB) Control Number.
    This rule involves the following OMB-approved collections of 
information subject to the PRA: 0694-0088, ``Multi-Purpose 
Application,'' which carries a burden hour estimate of 29.6 minutes for 
a manual or electronic submission; 0694-0096 ``Five Year Records 
Retention Period,'' which carries a burden hour estimate of less than 1 
minute; and 0607-0152 ``Automated Export System (AES) Program,'' which 
carries a burden hour estimate of 3 minutes per electronic submission. 
This rule changes the respondent burden under these control numbers by 
increasing the estimated number of submissions by 20 which is not 
expected to exceed the current approved estimates.
    3. This rule does not contain policies with federalism implications 
as that term is defined in Executive Order 13132.

[[Page 12858]]

    4. Pursuant to section 1762 of the Export Control Reform Act of 
2018 (50 U.S.C. 4821) (ECRA), this action is exempt from the 
Administrative Procedure Act (APA) (5 U.S.C. 553) requirements for 
notice of proposed rulemaking, opportunity for public participation, 
and delay in effective date. While section 1762 of ECRA provides 
sufficient authority for such an exemption, this action is also 
independently exempt from these APA requirements because it involves a 
military or foreign affairs function of the United States (5 U.S.C. 
553(a)(1)).
    5. Because a notice of proposed rulemaking and an opportunity for 
public comment are not required to be given for this rule by 5 U.S.C. 
553, or by any other law, the analytical requirements of the Regulatory 
Flexibility Act, 5 U.S.C. 601, et seq., are not applicable. 
Accordingly, no regulatory flexibility analysis is required and none 
has been prepared.

List of Subjects

15 CFR Part 738

    Exports.

15 CFR Part 746

    Exports, Reporting and recordkeeping requirements.

    For the reasons stated in the preamble, parts 738 and 746 of the 
Export Administration Regulations (15 CFR parts 730 through 774) are 
amended as follows:

PART 738--COMMERCE CONTROL LIST OVERVIEW AND THE COUNTRY CHART

0
1. The authority citation for 15 CFR part 738 continues to read as 
follows:

    Authority:  50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50 
U.S.C. 1701 et seq.; 10 U.S.C. 8720; 10 U.S.C. 8730(e); 22 U.S.C. 
287c; 22 U.S.C. 2151 note; 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 
42 U.S.C. 2139a; 15 U.S.C. 1824; 50 U.S.C. 4305; 22 U.S.C. 7201 et 
seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783.


0
2. Supplement no. 1 to part 738 is amended by revising footnote 6 to 
read as follows:

Supplement No. 1 to Part 738--Commerce Country Chart

* * * * *
    \6\ See Sec.  746.5 of the EAR for additional license 
requirements under the Russian industry sector sanctions for ECCNs 
0A998, 1C992, 3A229, 3A231, 3A232, 6A991, 8A992, and 8D999 and items 
identified in supplements no. 2 and no. 4 to part 746 of the EAR. 
See Sec.  746.8 of the EAR for Sanctions against Russia and Belarus, 
including additional license requirements for items listed in any 
ECCN in Categories 3, 4, 5, 6, 7, 8, or 9 of the CCL.
* * * * *

PART 746--EMBARGOES AND OTHER SPECIAL CONTROLS

0
3. The authority citation for 15 CFR part 746 continues to read as 
follows:

    Authority:  50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50 
U.S.C. 1701 et seq.; 22 U.S.C. 287c; Sec 1503, Pub. L. 108-11, 117 
Stat. 559; 22 U.S.C. 2151 note; 22 U.S.C. 6004; 22 U.S.C. 7201 et 
seq.; 22 U.S.C. 7210; E.O. 12854, 58 FR 36587, 3 CFR, 1993 Comp., p. 
614; E.O. 12918, 59 FR 28205, 3 CFR, 1994 Comp., p. 899; E.O. 13222, 
66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13338, 69 FR 26751, 3 
CFR, 2004 Comp., p 168; Presidential Determination 2003-23, 68 FR 
26459, 3 CFR, 2004 Comp., p. 320; Presidential Determination 2007-7, 
72 FR 1899, 3 CFR, 2006 Comp., p. 325; Notice of May 6, 2021, 86 FR 
26793 (May 10, 2021).


0
4. Section 746.5 is amended by revising paragraphs (a)(1) and (b) to 
read as follows:


Sec.  746.5   Russian industry sector sanctions.

    (a) * * *
    (1) General prohibition. (i) A license is required to export, 
reexport or transfer (in-country) any item subject to the EAR listed in 
supplement no. 2 to this part and items specified in ECCNs 0A998, 
1C992, 3A229, 3A231, 3A232, 6A991, 8A992, and 8D999 when you ``know'' 
that the item will be used directly or indirectly in exploration for, 
or production of, oil or gas in Russian deepwater (greater than 500 
feet) or Arctic offshore locations or shale formations in Russia, or 
are unable to determine whether the item will be used in such projects. 
Such items include, but are not limited to, drilling rigs, parts for 
horizontal drilling, drilling and completion equipment, subsea 
processing equipment, Arctic-capable marine equipment, wireline and 
down hole motors and equipment, drill pipe and casing, software for 
hydraulic fracturing, high pressure pumps, seismic acquisition 
equipment, remotely operated vehicles, compressors, expanders, valves, 
and risers.
    (ii) A license is required to export, reexport, or transfer (in-
country) any item subject to the EAR listed in supplement no. 4 to this 
part to or within Russia.
    (iii) You should be aware that other provisions of the EAR, 
including parts 742 and 744 and Sec.  746.8, also apply to exports and 
reexports to Russia. License applications submitted to BIS under this 
section may include the phrase ``section 746.5(a)(1)(i)'' or ``section 
746.5(a)(1)(ii)'' in Block 9 (Special Purpose) as described in 
supplement no. 1 to part 748 of the EAR.
* * * * *
    (b) Licensing policy. (1) Applications for the export, reexport, or 
transfer (in-country) of any item pursuant to paragraph (a)(1)(i) of 
this section that requires a license for Russia will be reviewed under 
a policy of denial when for use directly or indirectly for exploration 
or production from deepwater (greater than 500 feet), Arctic offshore, 
or shale projects in Russia that have the potential to produce oil or 
gas, except that applications for export, reexport, or transfer (in-
country) of items that may be necessary for health and safety reasons 
will be reviewed under a case-by case license review policy.
    (2) Applications for the export, reexport, or transfer (in-country) 
of any item pursuant to paragraph (a)(1)(ii) of this section that 
requires a license for Russia will be reviewed under a policy of 
denial, except that applications for export, reexport, or transfer (in-
country) of items that may be necessary for health and safety reasons 
will be reviewed under a case-by case license review policy.
* * * * *

0
5. Supplement no. 2 to part 746 is amended by adding a sentence to the 
end of the introductory text to read as follows:

Supplement No. 2 to Part 746--Russian Industry Sector Sanction List

    * * * Schedule B number 8479.89.9850 is listed on both supplements 
no. 2 and 4 to this part, so exporters, reexporters, and transferors 
must comply with the license requirements under both Sec.  
746.5(a)(1)(i) and (ii) as applicable.
* * * * *

0
6. Add supplement No. 4 to part 746 to read as follows:

Supplement No. 4 to Part 746--HTS Codes and Schedule B Numbers That 
Require a License for Export, Reexport, and Transfer (In-Country) to or 
Within Russia Pursuant to Sec.  746.5(a)(1)(ii)

    The source for the Harmonized Tariff Schedule (HTS)-6 codes and 
descriptions and Schedule B numbers and descriptions in this list comes 
from the Bureau of the Census's Schedule B concordance of exports 2022. 
Census's Schedule B List 2022 can be found at www.census.gov/foreign-trade/aes/documentlibrary/#concordance. The Introduction Chapter of the 
Schedule B provides important information about classifying products 
and interpretations of the Schedule B, e.g., NESOI means

[[Page 12859]]

Not Elsewhere Specified or Included. In addition, important information 
about products within a particular chapter may be found at the 
beginning of chapters. This supplement includes four columns consisting 
of the HTS Code, HTS Description, Schedule B and Schedule B Description 
to assist exporters, reexporters, and transferors in identifying the 
products in this supplement no. 4 to this part. For information on HTS 
codes in general, you may contact a local import specialist at U.S. 
Customs and Border Protection at the nearest port. Schedule B number 
8479.89.9850 is listed on both supplements no. 2 and 4 to this part, so 
exporters, reexporters, and transferors must comply with the license 
requirements under both Sec.  746.5(a)(1)(i) and (ii) as applicable.

----------------------------------------------------------------------------------------------------------------
 Harmonized tariff schedule (HTS)--6
                 code                      HTS description             Schedule B         Schedule B description
----------------------------------------------------------------------------------------------------------------
847989 or 854370.....................  Alkylation and           8479.89.9850 or          --Oil and gas field
                                        isomerization units.     8479.89.9900.            wire line and downhole
                                                                                          equipment, or
                                                                                         --Other.
847989 or 854370.....................  Aromatic hydrocarbon     8479.89.9850 or          --Oil and gas field
                                        production units.        8479.89.9900.            wire line and downhole
                                                                                          equipment, or
                                                                                         --Other.
841940...............................  Atmospheric--vacuum      8419.40.0080...........  --Other.
                                        crude distillation
                                        units (CDU).
847989 or 854370.....................  Catalytic reforming/     8543.70.9665...........  --Other.
                                        cracker units.
841989, 841989 or 841989.............  Delayed cokers.........  8419.89.9585...........  --For other materials.
841989, 841989 or 841989.............  Flexicoking units......  8419.89.9585...........  --For other materials.
847989...............................  Hydrocracking reactors.  8479.89.9850, or         --Oil and gas field
                                                                 8479.89.9900.            wire line and downhole
                                                                                          equipment, or
                                                                                         --Other.
841989, 841989, 841989, or 847989....  Hydrocracking reactor    8419.89.9585...........  --For other materials.
                                        vessels.
847989 or 854370.....................  Hydrogen generation      8479.89.9850, or         --Oil and gas field
                                        technology.              8479.89.9900.            wire line and downhole
                                                                                          equipment, or
                                                                                         --Other.
842139, 842139, 842139, 842139,        Hydrogen recovery and    8421.39.0140, or         --Gas separation
 847989 or 854370.                      purification             8421.39.0190.            equipment, or
                                        technology.                                      --Other.
847989 or 854370.....................  Hydrotreatment           8479.89.9850, or         --Oil and gas field
                                        technology/units.        8479.89.9900.            wire line and downhole
                                                                                          equipment, or
                                                                                         --Other.
847989 or 854370.....................  Naphtha isomerisation    8479.89.9850, or         --Oil and gas field
                                        units.                   8479.89.9900.            wire line and downhole
                                                                                          equipment, or
                                                                                         --Other.
847989 or 854370.....................  Polymerisation units...  8479.89.9850, or         --Oil and gas field
                                                                 8479.89.9900.            wire line and downhole
                                                                                          equipment, or
                                                                                         --Other.
841989, 841989, or 841989, 847989 or   Refinery fuel gas        8419.89.9585...........  --For other materials.
 854370.                                treatment and sulphur
                                        recovery technology
                                        (including amine
                                        scrubbing units,
                                        sulphur recovery
                                        units, tail gas
                                        treatment units).
845690, 847989 or 854370.............  Solvent de--asphalting   8456.90.7100,            --Other --
                                        units.                   8479.89.9850, or        --Oil and gas field
                                                                 8479.89.9900.            wire line and downhole
                                                                                          equipment, or
                                                                                         --Other.
847989 or 854370.....................  Sulphur production       8479.89.9850, or         --Oil and gas field
                                        units.                   8479.89.9900.            wire line and downhole
                                                                                          equipment, or
                                                                                         --Other.
847989 or 854370.....................  Sulphuric acid           8479.89.9850, or         --Oil and gas field
                                        alkylation and           8479.89.9900.            wire line and downhole
                                        sulphuric acid                                    equipment, or
                                        regeneration units.                              --Other.
841989, 841989, or 841989, 847989 or   Thermal cracking units.  8419.89.9585,            --For other materials,
 854370.                                                         8479.89.9850, or         --Oil and gas field
                                                                 8479.89.9900.            wire line and downhole
                                                                                          equipment, or
                                                                                         --Other.
847989 or 854370.....................  [Toluene and heavy       8479.89.9850, or         --Oil and gas field
                                        aromatics]               8479.89.9900.            wire line and downhole
                                        Transalkylation units.                            equipment, or
                                                                                         --Other.
847989 or 854370.....................  Visbreakers............  8479.89.9850, or         --Oil and gas field
                                                                 8479.89.9900.            wire line and downhole
                                                                                          equipment, or
                                                                                         --Other.
847989 or 854370.....................  Vacuum gas oil           8479.89.9850, or         --Oil and gas field
                                        hydrocracking units.     8479.89.9900.            wire line and downhole
                                                                                          equipment, or
                                                                                         --Other.
----------------------------------------------------------------------------------------------------------------



[[Page 12860]]

Thea D. Rozman Kendler,
Assistant Secretary for Export Administration.
[FR Doc. 2022-04912 Filed 3-3-22; 3:15 pm]
BILLING CODE 3510-33-P


