Determination Pursuant to Section 1 (a)(ii) of Executive Order 14071 (Effective September 12, 2024) - Prohibition on Certain Information Technology and Software Services

Date issued: Jun. 12 2024

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TURBOFAC Commentary (309 words)

Notes:

1) This "determination" and the FAQs published concurrently therewith largely mimic the 5-8-22 Professional Services Determination, 5-19-23 Architecture and Engineering Services Determination and 9-15-22 Quantum Computing Services Determination.

2) Unlike those determinations there is no parallel designation authority for persons operating in the IT/ IT support services and cloud-based services sectors of the Russian economy (compare e.g. Determination Pursuant to Section 1(a)(i) of Executive Order 14024 (Effective May 19, 2023)). That said, to some extent, many such persons may (or necessarily are) already operating in the “technology” sector of the Russian economy.

3) Two other notable distinctions between the 6-12-24 Tech Services Determination and other EO 14071-based services prohibitions referenced above are (i) the significantly delayed effective date of the prohibition (three months after issuance of the Determination), and (ii) the...