The Bureau of Industry (BIS) issued a guidance outlining best practices for license applicants looking to export medical-related items to Russia, Belarus, or certain occupied regions of Ukraine.
BIS Checklist Questions
- Have you provided a statement certifying that the medical facilities on the application are civilian facilities providing direct patient care only to civilian patients?
- Are the item quantities scoped to what would be used over the period of 1 year?
- Do the items for export have an identifying description in the Technical Description Block?
- Did you scope the license to minimize the risk of diversion to unauthorized end users/end uses?
- For items controlled by HS code, have you included the HS code that covers your items and the section of the EAR where that HS code is referenced?
- Did you provide a description of how the items would be used for direct patient care?
- Have you explained the role of any parties that do not provide direct patient care?
BIS urges exporters to “provide all the necessary information when the application is first submitted,” so the agency can “promptly analyze the proposed scope of the transactions” before submitting it for interagency review. The agency also details what types of applications could lead to delays.
The fact of the matter is commercial transactions and medical supply chains may not always lend themselves to easily following this guidance. A letter of explanation in addition to the guidance recommendations may be necessary to process applications efficiently. The guidance is styled as “best practices” that applicants are “encouraged” to follow, not as instructions or requirements for applications.
For assistance with license applications, reach out to Mohawk Global Trade Advisors.
By Clarissa Chiclana