On May 19, 2023, the Department of the Treasury issued a Determination pursuant to E.O. 14071 that prohibits the exportation, reexportation, sale, or supply, directly or indirectly, from the United States, or by a U.S. person, wherever located, of architecture or engineering services to any person located in the Russian Federation. The determination excludes the following: (1) any service to an entity located in the Russian Federation that is owned or controlled, directly or indirectly, by a United States person; and (2) any service in connection with the wind-down or divestiture of an entity located in the Russian Federation that is not owned or controlled, directly or indirectly, by a Russian person. OFAC has provided the full scope of the definitions for architecture and engineering services in a new FAQ (see FAQ 1128). This determination takes effect at 12:01 a.m. EDT on June 18, 2023.
In conjunction with this determination, the Office of Foreign Assets Control (OFAC) issued a related Determination pursuant to E.O. 14024, which allows for sanctions to be imposed on any individual or entity determined to operate or have operated in the following sectors of the Russian Federation economy:
- manufacturing, and
OFAC has provided the full scope of the definitions for these sectors of the Russian economy in a new FAQ (see FAQ 1126). A sector determination pursuant to E.O. 14024 exposes persons that operate or have operated in an identified sector to sanctions risk and allows for sanctions to be imposed on any individual or entity that may subsequently be determined and designated by OFAC to operate or have operated in this sector. The determination does not automatically impose sanctions on all persons who operate or have operated in the sector. This determination took effect on May 19, 2023.
With these new determinations, OFAC has also amended FAQs 1059 and 1061-1062 to further assist persons in understanding the full scope and impact of these determinations.
These determinations complement existing sanctions authorities against those that operate or have operated in the metals and mining (see Update of February 24, 2023), quantum computing (see Update of September 16, 2022), accounting, trust and corporate formation, management consulting (see Update of May 13, 2022), aerospace, marine, electronics (see Update of March 31, 2022), and defense and related materiel (see Update of March 7, 2022) sectors of the Russian Federation economy.