Brown faculty, researchers, staff and students (collectively, Brown Personnel) who send or hand-carry (“export”) any item permanently or temporarily, including documents and materials, to Russia or Belarus must read and become familiar with the information provided below. Failure to comply with the new requirements related to exports to Russia or Belarus is considered a violation of export control and sanctions regulations and may result in civil and criminal penalties.
May 2023 update: New final rule from the Department of Commerce Bureau of Industry and Security (BIS)
The new rule expands the scope of the EAR's Russian and Belarusian Industry Sector Sanctions to include a variety of new items, including electronics, instruments, and advanced fibers for the reinforcement of composite materials, including carbon fibers. The rule also extends the Foreign Direct Product Rule to the occupied Crimea region of Ukraine.
Shipping or Hand-Carrying items
Brown Personnel who ship or hand-carry items to Russia or Belarus must know the item’s Export Control Classification Number (ECCN) OR receive confirmation that the item is classified as “EAR99”.
If you need assistance in determining an item’s ECCN, you can reach out to the manufacturer or vendor of the item for the ECCN. If the export is related to an item or product that you developed in your research, you may also contact Brown’s Export Control Team for assistance in determining an item's ECCN.
All items that carry an ECCN in the categories 1 through 9 of the Commerce Control List (CCL) (i.e. all items not designated EAR99) now require a license from the Department of Commerce/Bureau of Industry and Security (BIS). This includes microelectronics, telecommunications items, sensors, navigation equipment and aircraft components. The list of CCL categories is below.
Category 1 - Materials, Chemicals, Microorganisms, Toxins (e.g. 1C351)
Category 2 – Materials Processing (e.g. 2B991)
Category 3 – Electronic Design, Development and Production (e.g., 3A991)
Category 4 – Computers (e.g. 4A994)
Category 5 – Telecommunication and Information Security (e.g. 5D991)
Category 6 – Sensors and Lasers (e.g. 6A991)
Category 7 – Navigation and Avionics (e.g. 7A994)
Category 8 - Marine (e.g. 8D992)
Category 9 – Propulsion Systems, Space Vehicles and Related Equipment (e.g. 9A515)
Note that BIS announced that applications for the export, reexport, or transfer (in-country) of items that require a license for Russia or Belarus will be reviewed, with limited exceptions, under a policy of denial.
February 2023 Update: Certain EAR99 items now also require a license. Please contact the Export Control Office to determine if your proposed item can be exported.
Review of End-User/End-Use Certification
Items subject to the Export Administration Regulations (EAR), including items classified as EAR99, cannot be exported to a military end-user or for military end-use in Russia or Belarus without a license from the Department of Commerce/BIS. The federal government requires that the exporting entity conduct and appropriately document a military end-use/end-user review for each proposed export. Thus, if you are sending or carrying to Russia or Belarus any item that is subject to the EAR, you must contact the Export Control Team for end-user/end-use verification and review.
How do I know if my item is subject to the EAR? Almost all tangible items that we have the University are under the jurisdiction of the EAR.
IMPORTANT: Since the Russian and Belarusian export and sanctions regulations are evolving and may change further in the coming weeks, it is strongly advised that you contact the Export Control Team whenever you want to send or transfer anything to Russia or Belarus.
Related Information: collaborations/activities in certain regions of Ukraine
Members of the Brown community who have activities, including research, field work, travel and collaborations in the Donetsk, Luhansk, and Crimea regions of Ukraine require a government license. President Biden’s Executive Order from February 22, 2022, prohibits most transactions and activities with individuals and entities in the Donetsk, and Luhansk regions, and extends the existing prohibitions in the Crimea region of Ukraine. Some general licenses may be available. The applicability of a general license is situation-specific and requires documentation with the Export Control Team.
If you have research, research collaborations, field work or other work-related travel in Ukraine, review our guidance and contact [email protected] to ensure your research plans do not violate new federal regulations.