Bureau of Industry and Security rule, “Relaxing Export Controls for Syria,” significantly eases restrictions for Syria

Previously, the Syria Accountability and Lebanese Sovereignty Restoration Act of 2003 required the DOC to prohibit the export and reexport to Syria of all items on the Commerce Control List (CCL) as well as all EAR99 items (items subject to the EAR but not specifically listed on the CCL, such as low-technology goods for civilian use) other than food and medicine. The new rule expands eligibility for existing license exceptions, creates a new license exception, and eases the license application review policy for most exports and reexports to Syria. 

Expansion and Extension of Existing License Exceptions

Under the new Relaxing Export Controls for Syria rule, several license exceptions (that is, exceptions to the requirement to obtain a license) have been either extended to Syria or expanded in scope with respect to Syria:

• Addition of Syria to the Country Scope of the License Exception for Consumer Communications Devices (CCDs): This license exception applies to specific types of CCDs and software subject to the EAR, such as computers, tablets, mobile phones, printers, consumer information security equipment or software, and digital cameras and is found in part 740.19. This exception previously applied only to Belarus, Cuba, and Russia. Eligible CCDs may now also be exported or reexported to Syria. 
• Expansion of Temporary Imports, Exports, and Transfers (in Country) (TMP) Eligibility: Previously, TMP for Syria was available only for use by the news media. The final rule expands TMP eligibility for Syria to include “technology” as defined and restricted under part 740.9(a)(3), containers for shipping of commodities subject to part 740.9(a)(7), certain exports to a US person’s foreign subsidiary, affiliate, or foreign facility pursuant to part 740.9(a)(10), and personal protective equipment subject to part 740.9(a)(11)(ii). 
• Extension of Servicing and Replacement Parts and Equipment Exception (RPL) to Syria: The new rule adds Syrian eligibility for a license exception for “servicing and replacement parts and equipment,” found in part 740.10. This exception authorizes the export and reexport of one-for-one replacement parts, components, accessories, and attachments needed for the immediate repair of other end items that were lawfully exported or reexported to Syria or lawfully made in a foreign country incorporating authorized parts, components, accessories, or attachments subject to the EAR. The exception is inclusive of both physical commodities and software updates or diagnostics. This exception is not available, however, for exports or reexports that support Syrian police, military, or intelligence end-uses or end-users.
• Expansion of the Applicability of the Governments, International Organizations, International Inspections Under the Chemical Weapons Convention, and the International Space Station Exception (GOV) for Syria: The new rule broadens Syrian eligibility under the GOV exception, found in part 740.11, to allow exports, reexports, and in-country transfers to cooperating governments and the North Atlantic Treaty Organization, as well as items for international inspection under the Chemical Weapons Convention. Previously, only items for personal or official use by personnel and agencies of the US government were authorized. 
• Expansion of Technology and Software License Exception (TSU): Previously, license exception TSU authorized the export or reexport to Syria of certain limited operation technology and software, sales technology, software updates, and mass market software. The new rule broadens eligibility for Syria under part 740.13(g) by authorizing the export, reexport, or transfer of copies and revised copies of technology that had previously been authorized for export, so long as the export, reexport, or transfer is to the same recipient in Syria. 
• Expansion of Aircraft, Vessels, and Spacecraft Exception (AVS): The new rule expands eligibility for Syria to authorized exports of US-registered civil aircraft and vessels, as well as temporary reexports of US- and foreign-registered civil aircraft and vessels to Syria that are on temporary sojourn. The exception is codified in part 740.15.

Exporters must remain mindful that the exceptions are subject to some limitations: Some exceptions contain important limiting language, and none of the exceptions authorize exports or reexports that are otherwise prohibited under an end-user or end-use control (for instance, certain nuclear, rocket system, or UAV end-uses or end-users on the Entity List, which includes individuals or addresses “reasonably believed to be involved, or to pose a significant risk of being or becoming involved, in activities contrary to the national security or foreign policy interests of the United States”) found in part 744 of the EAR. Nor does this rule authorize transactions with persons who are on the US Department of the Treasury Office of Foreign Asset Control (OFAC) Specially Designated Nationals and Blocked Persons List (SDN). 

New License Exception for Syrian Peace and Prosperity Authorizes Export and Reexport of EAR99 Items to Syria

The “Relaxing Export Controls for Syria” rule also adds a new license exception for Syria called the License Exception for Syria Peace and Prospertity (SPP). This exception authorizes the export or reexport of all items designated EAR99 to Syria. This includes consumer goods, commercial products, and low-level, non-sensitive technologies that are not listed on the CCL.

As with the expanded license exceptions discussed above, SPP does not authorize exports or reexports that are otherwise prohibited under an end-user or end-use control, found in part 744 of the EAR, nor does it authorize transactions with persons who are on the OFAC SDN list.

Permissive License Review Policy

In addition to the new and expanded license exceptions noted above, the new rule also directs the adoption of a more permissive license review policy for exports and reexports to Syria when no exception applies. Previously, under General Order No. 2, BIS had adopted a general policy of denial for license applications on exports and reexports to Syria of almost all items subject to the EAR, except for EAR99 food and medicine. 

This new rule removes General Order No. 2 and disposes of the general policy of denial. Instead, it adopts a bifurcated approach that is generally permissive. First, it directs a presumption of approval for items on the CCL with end-uses that “support economic and business development in Syria and support the Syrian people.” Such end-uses include the improvement or maintenance of telecommunications, water supply and sanitation, power generation, aviation, and other civil services that support peace and prosperity in Syria, but not those that contribute to Syria’s military or the ability of Syria to support international terrorism. 

Second, for all other end-uses, the rule adopts a case-by-case licensing policy to determine whether approval would be in the national security and foreign policy interests of the United States. 

Importantly, all CCL items will continue to be reviewed pursuant to the relevant destination-based license review policies set out in part 742 of the EAR, as well as end-use and end-user controls set out in part 744 of the EAR. 

Some Restrictions Remain 

While the new rule significantly loosens export controls on exports and reexports to Syria, it technically does not eliminate the trade embargo specific to Syria found in part 746.9 of the EAR. Further, Syria has not been removed from list E:1 within Supplement 1 to part 740 of the EAR, designating terrorist-supporting countries. All restrictions applicable to those sections remain in effect as of this writing. 

Further, those seeking to enter the Syrian market should remain mindful that while the Secretary of State announced a 180-day waiver of sanctions restrictions imposed by the Caesar Syria Civilian Protection Act (Caesar Act) on May 23, 2025, the Caesar Act remains valid law, placing these loosened restrictions on tentative ground with respect to those entities or individuals seeking to transact with sanctioned parties under the act. The decision to repeal or extend the Caesar Act is presently one aspect of congressional debate over the National Defense Authorization Act of 2026. 

_{*Not admitted to practice.}

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