US Sectoral Sanctions

CBW Act Sanctions (cont'd) - - - But at the same time, the following exceptions/waivers from the ban on national security goods/technology were also stated: items eligible for several standard License Exceptions will remain so (i.e., no license application needed) ➤ safety-of-flight items (for civil passenger aviation) - case-by-case licensing still OK "deemed exports/reexports" to Russian nationals in the US - licensing permitted on case- by-case basis unless otherwise prohibited to wholly-owned US (and other foreign-company) subsidiaries in Russia - on same basis ➤ in support of gov't space cooperation and common space launches - on same basis to commercial end-users (for civil end-uses) - on same basis ➤ for state-owned/-funded enterprises - case-by-case licensing, but presumption of denial And the law provides for a rebuttable presumption against retroactive application to contracts already entered into prior to late Aug. 2018 Keep in mind also the BIS Feb. 2020 final rule (see slide 12), which may have narrowed the above-noted August 2018 exceptions/waivers; careful case-by-case consultation is needed in this area Morgan Lewis 55 65

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