'Luxury goods' sanctions against Russia and Belarus and Russian and Belarusian oligarchs and malign actors.

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§ 746.10 'Luxury goods' sanctions against Russia and Belarus and Russian and Belarusian oligarchs and malign actors.

(a) License requirements -

(1) 'Luxury goods' license requirements for Russia and Belarus. In addition to the license requirements specified on the Commerce Control List (CCL) in supplement no. 1 to part 774 of the EAR and in other provisions of the EAR, including part 744 and §§ 746.5 and 746.8, a license is required to export, reexport, or transfer (in-country) to or within Russia or Belarus any 'luxury good' subject to the EAR, as identified in supplement no. 5 to this part.

(2) Worldwide license requirement for 'luxury goods' for Russian and Belarusian oligarch and malign actors. In addition to the license requirements specified on the Commerce Control List (CCL) in supplement no. 1 to part 774 of the EAR and in other provisions of the EAR, including part 744 and §§ 746.5 and 746.8, a license is required to export, reexport, or transfer (in-country) worldwide any 'luxury good' subject to the EAR, as identified in supplement no. 5 to this part, to any Russian or Belarusian oligarch or malign actor, regardless of location, who are designated on the Department of the Treasury, Office of Foreign Assets Control's (OFAC) List of Specially Designated Nationals and Blocked Persons (SDN List) with any of the following designations: [RUSSIA-EO14024], [UKRAINE-EO13660], [UKRAINE-EO13661], [UKRAINE-EO13662], [UKRAINE-EO13685], [BELARUS], and [BELARUS-EO14038] or in situations in which any such Russian or Belarusian oligarch or malign actor is a party to the transaction as described in § 748.5(c) through (f). For purposes of this paragraph (a)(2), an 'oligarch or malign actor' is any natural person that is designated on the SDN List with any of the designations referenced in this paragraph (a)(2).

Note to paragraph (a):

For purposes of paragraphs (a)(1) and (2) of this section, a 'luxury good' means any item that is identified in supplement no. 5 to this part.

(b) Licensing policy. Applications for the export, reexport, or transfer (in-country) of any item that requires a license for export or reexport to or transfer (in-country) pursuant to the requirements of this section will be reviewed with a policy of denial.

(c) License exceptions. No license exceptions may overcome the license requirements in paragraph (a)(1) of this section except the license exceptions identified in paragraphs (c)(1) and (2) of this section. No license exceptions may overcome the license requirements in paragraph (a)(2) of this section.

(1) License Exception BAG, excluding firearms and ammunition (§ 740.14, excluding paragraph (e), of the EAR).

(2) License Exception AVS for saloon stores and supplies, excluding any saloon stores and supplies for aircraft registered in, owned, or controlled by, or under charter or lease by Russia or Belarus or a national of Russia or Belarus (§ 740.15(b)(3)(v) of the EAR).

[87 FR 14788, Mar. 16, 2022]


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