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 CodeHS Description and Representative Part
8542.31Electronic integrated circuits: Processors and controllers, whether or not combined with memories, convertors, logic circuits, amplifiers, clock and timing circuits, or other circuits
8542.32Electronic integrated circuits: Memories
8542.33Electronic integrated circuits: Amplifiers
8542.39Electronic integrated circuits: Other
8517.62Machines for the reception, conversion and transmission or regeneration of voice, images, or other data, including switching and routing apparatus
8526.91Radar apparatus, radio navigational aid apparatus and radio remote control apparatus: Radio navigational aid apparatus
8532.21Other fixed capacitors: Tantalum capacitors
8532.24Other fixed capacitors: Ceramic dielectric, multilayer
8548.00Electrical 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.