Despite Sanctions Relief, Syria Still 'Off-Limits' for Most Export-Controlled Items, Law Firms Say
Although the Trump administration relaxed a range of sanctions against Syria last week, existing export controls still present risks for people and companies carrying out transactions with the country, law firms said this week.
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Baker McKenzie noted that the State Department hasn’t yet lifted its arms embargo against Syria under the International Traffic in Arms Regulations, and the Bureau of Industry and Security hasn’t yet announced changes to Syria-related restrictions under the Export Administration Regulations, which include a license requirement for “virtually all” items subject to the EAR, except for EAR99 items. The firm said the EAR restrictions are mandated by the Syria Accountability and Lebanese Sovereignty Restoration Act of 2003, “so additional action would be needed under that statute to relax them.”
Foley Hoag predicted that the U.S. arms embargo against Syria is “unlikely to be lifted in the near term.” Even if some EAR controls are relaxed, “the transfer of defense articles and services to Syria would almost certainly remain prohibited.” It also said the process to lift controls is complex and will likely involve input from other agencies, public notice and a congressional notification or approval.
“As of now, there have been no official announcements or regulatory changes indicating a shift in U.S. export control policy toward Syria, and the future scope of any remaining controls remains uncertain,” the law firm said.
Latham & Watkins said U.S. export controls allow for a narrow exception for certain exports of “news media” and EAR-regulated laptops, tablets, cellphones, satellite phones and “other common tools of the trade.” But the rest of the controls on Syria are “stringent,” the firm said. “Unless and until the US Department of Commerce takes steps to ease these export control restrictions, Syria will remain virtually off-limits as a destination for US-regulated items.”