BIS De minimis Rules and Guidelines - § 734.4 and Supplement No. 2 to part 734 of the EAR (as modified on 5 November 2019)

Date issued: Apr. 11 2018

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TURBOFAC Commentary (792 words)

Notes:


1) While BIS' interpretations of the EAR are typically not inherently meaningful to OFAC with respect to its interpretations of its own regulations, there are a handful of provisions whose scopes are defined by how a certain item would be treated under the EAR.


Several sanctions provisions are drafted so as to clearly (though not explicitly) contemplate a degree of harmony with BIS' “de minimis,” which vary by country.


2) See e.g. Transcript; OFAC-BIS "Webinar – Sanctions Update Cuba/Iran/Russia" (2016), in which the OFAC representative suggests that BIS’ determinations are deferred to for the purposes of applying 515.533 (and 515.559) of the CACR, even though the terms of the CACR provisions do not indicate as much.


See also 560.205(b)(2)...