15 CFR Part 746 — Embargoes and Other Special Controls

    Overview

    15 CFR Part 746, titled "Embargoes and Other Special Controls," is a section of the U.S. Export Administration Regulations (EAR) administered by the Bureau of Industry and Security (BIS) within the U.S. Department of Commerce. It establishes specific licensing and control policies for exports and reexports to certain countries, regions, and end-users or end-uses of concern. This regulation directly affects businesses engaged in international trade, especially those with online operations dealing with restricted countries or technologies.

    Regulation Summary

    Timeline
    • Ongoing: Part 746 is continually updated based on geopolitical developments, international sanctions, and national security considerations.
    • Specific embargoes and restrictions are added or amended as needed and are published in the Federal Register.
    What Businesses Are Affected
    • Exporters and reexporters of goods, technology, or software subject to the EAR.
    • Online businesses offering downloadable software, SaaS, or digital goods that may reach embargoed destinations.
    • Logistics providers and freight forwarders dealing with controlled destinations.
    • Technology firms whose products or services are subject to U.S. export controls.
    Exemptions
    • Some exemptions exist under the EAR (Part 740), such as License Exceptions for specific humanitarian items, informational materials, or personal communications.
    • Exemptions vary widely depending on the specific embargoed country and the nature of the transaction.
    Responsibilities for Businesses
    • Determine whether their products or services are subject to the EAR.
    • Screen customers, transactions, and destinations against restricted parties and countries.
    • Apply for BIS licenses where required under Part 746.
    • Keep records of transactions involving controlled destinations.
    • Maintain compliance programs and training on export controls.
    Specific Responsibilities for Website Owners
    • Restrict access to software, technical data, or services from embargoed countries.
    • Use geolocation tools and IP blocking to prevent prohibited downloads or interactions.
    • Disclose export restrictions in terms of use and service agreements.
    • Avoid providing support, updates, or access to sanctioned jurisdictions.
    Additional Requirements
    • Certain countries (e.g., Iran, North Korea, Syria, Cuba, Russia, Belarus) have comprehensive embargoes under Part 746.
    • Additional restrictions may apply to specific end-uses (e.g., military, nuclear) and end-users.
    • EAR99 items (generally low-risk) may still require a license when exported to embargoed countries.
    Individual Rights
    • 15 CFR Part 746 is not a privacy regulation, and it does not create data subject rights.
    • However, businesses should protect user data collected during geolocation or export screening processes.
    Enforcement
    • Enforced by the Bureau of Industry and Security (BIS).
    • Civil penalties: Up to $353,534 per violation.
    • Criminal penalties: Up to $1 million and/or 20 years imprisonment.
    • BIS also maintains denied persons lists and can revoke export privileges.
    • Violations can result in reputational damage and loss of export eligibility.
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