As a follow-on to last week’s quint-seal guidance, the Bureau of Industry and Security (BIS) published best practice guidance to help prevent high-priority items from being diverted to Russia. The latest guidance focuses on exports of the following high-priority items to counterparties in countries outside the Global Export Controls Coalition (GECC):[1]
| HS Code | HS Description and Representative Part |
| 8542.31 | Electronic integrated circuits: Processors and controllers, whether or not combined with memories, convertors, logic circuits, amplifiers, clock and timing circuits, or other circuits |
| 8542.32 | Electronic integrated circuits: Memories |
| 8542.33 | Electronic integrated circuits: Amplifiers |
| 8542.39 | Electronic integrated circuits: Other |
| 8517.62 | Machines for the reception, conversion and transmission or regeneration of voice, images, or other data, including switching and routing apparatus |
| 8526.91 | Radar apparatus, radio navigational aid apparatus and radio remote control apparatus: Radio navigational aid apparatus |
| 8532.21 | Other fixed capacitors: Tantalum capacitors |
| 8532.24 | Other fixed capacitors: Ceramic dielectric, multilayer |
| 8548.00 | Electrical parts of machinery or apparatus, not specified or included elsewhere in chapter 85 |
BIS recommends that exporters ask counterparties for a signed export control certification that includes the following information:
- Customer’s full name, address, website, and role (e.g., purchasers, intermediate consignee, ultimate consignee, end user).
- Activity the customer intends to take with the item (e.g., consumed, transformed into a different item, maintained for stock, resold, etc.).
- Name and address of the known end user (if not the customer).
- List of items covered by the transaction.
- Customer confirmation that the item requires a license to export or reexport to Russia or Belarus.
- Confirmation the customer will comply with the Export Administration Regulations (EAR).
- Confirmation the customer will flow the EAR requirements down to its customers and other parties in subsequent transactions, including:
- Screening subsequent parties against the Consolidated Screening List before any reexport or transfer (in-country) and comply with any restrictions on the parties;
- Not providing the item for end use by or to end users of Russia’s or Belarus’s military, intelligence, or national police;
- Not providing the item for end use by or end users tied to nuclear weapons, chemical and biological weapons, or missiles or unmanned aerial vehicles capable of a range of at least 300 kilometers (or when such range is unknown); and
- Not providing the item for ultimate end use in Russia or Belarus or the temporarily occupied Crimea region of Ukraine or the so-called DNR or LNR regions of Ukraine.
- The name, title, phone number, email address, and signature of the customer’s representative making the certification.
The guidance includes a sample written certification, which can be for the exporter’s industry. Exporters can also incorporate these items into their existing customer certifications or end-user statements. Exporters should review the information provided by the customer for errors, omissions, or “red flags.”
[1] The GECC countries are 27 EU member states, Australia, Canada, Iceland, Japan, Liechtenstein, New Zealand, Norway, South Korea, Switzerland, Taiwan, the United Kingdom, and the United States.