2025年9月02日

United States Substantially Relaxes Export Controls on Syria

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On September 2, 2025, the US Department of Commerce’s Bureau of Industry and Security (“BIS”) issued its widely anticipated Final Rule “Relaxing Export Controls for Syria” (the “BIS Rule”) that substantially eases export control restrictions on Syria under the Export Administration Regulations (“EAR”). This is the latest in a series of actions taken by the United States and other key jurisdictions over the last few months reflecting a fundamental shift in policy after the fall of the Assad regime. While the lifting of the comprehensive sanctions on Syria in early July marked a significant step toward facilitating re-engagement in the country’s reconstruction, the continued comprehensive export control restrictions remained a substantial risk and major hurdle for both US and non-US parties.

Notably, the BIS Rule creates a new License Exception Syria Peace and Prosperity (“SPP”) that effectively authorizes the export of all low-technology consumer goods to Syria without a license subject to certain conditions, adopts a presumption-of-approval for exports of dual-use items that support the Syrian people and the economic and business development of the country, and expands the scope of several existing license exceptions. Collectively, these actions open the Syrian market to US and multinational businesses to an extent not seen in over two decades. The move follows similar actions by the European Union and the United Kingdom, signaling a coordinated international approach to Syria sanctions relief. More information on earlier actions by the United States, the European Union and the United Kingdom can be found in our May 28, 2025 Legal Update.

Although the new framework is far more permissive, restrictions and risks remain under both sanctions and export controls. On the sanctions front, hundreds of individuals and entities remain blocked due to their ties to the Assad regime or other activities targeted under non-Syria specific sanctions programs. Furthermore, while the State Department is examining the potential full suspension of the Caesar Act, the Specially Designated Global Terrorist designations of Hay’at Tahrir al-Sham (“HTS”) and President Ahmed al-Sharaa, as well Syria’s State Sponsor of Terrorism designation, these restrictions remain an obstacle to full normalization. From an export controls perspective, the BIS Rule removes many of the export control restrictions on Syria by way of qualified license exceptions and a friendlier licensing policy, rather than by revoking the underlying prohibitions that preclude most exports to this country without a license. As a result, exports to this country will remain subject to conditions and potential scrutiny. Furthermore, the BIS Rule leaves in place a number of existing export controls for Syria, including anti-terrorism controls as well as deemed export and re-export controls. BIS will continue to scrutinize items that could materially enhance Syria’s military, police, or intelligence capabilities, and exports to sensitive end users remain subject to Congressional notification. All EAR Part 744 end-use and end-user controls continue to apply. Accordingly, robust due diligence, updated compliance controls, and careful monitoring of continuing restrictions are essential to capitalize on this opening while avoiding enforcement exposure.

Practical Implications for Businesses

Immediate Opportunities: The lifting of comprehensive sanctions and export controls on Syria opens the door for US and multinational companies to re-engage with the Syrian market, resume previously suspended activities, and explore new business opportunities. Financial institutions may process transactions involving Syria, subject to continued screening for designated parties.
Comprehensive Due Diligence: These changes eliminate the broad sanctions and export control restrictions that previously prohibited nearly all activities involving Syria. However, it remains essential to conduct comprehensive due diligence on all counterparties and transaction participants to ensure compliance with ongoing restrictions, particularly those involving US embargoed countries, military/intelligence affiliations, as well as Specially Designated Nationals (“SDNs”) and/or parties subject to EU or UK sanctions. Document diligence steps to satisfy record-keeping requirements and potential future audits.
Contractual and Operational Adjustments: Companies should assess the impact of the sanctions relief on existing contracts, supply chain arrangements, and business operations. This may include renegotiating terms, unwinding restrictive clauses, and updating compliance documentation.
Revise Internal Policies and Procedures: Retire or narrow Syria-specific blocking rules in Enterprise Resource Planning (“ERP”) and screening systems and incorporate new BIS license exceptions and the US Department of Treasury’s Office of Foreign Assets Control’s (“OFAC”) reduced prohibitions into compliance manuals.
Coordinate Multijurisdictional Compliance: Parallel relief by the European Union and United Kingdom means multinational enterprises should harmonize policies across all jurisdictions, noting any residual EU/UK restrictions that differ from US rules.
Statute of Limitations: The lifting of sanctions does not retroactively legalize past violations; enforcement remains possible for prior conduct.
Ongoing Monitoring: The United States, as well as the European Union and the United Kingdom, have emphasized that sanctions relief is reversible and subject to change based on developments in Syria. Given the evolving nature of reality on the ground in Syria and the permanence of legal authorities enabling a swift re-imposition of restrictions, there is a risk of snap-back sanctions and companies engaged in Syria-related activities should closely monitor developments and factor such risks into their planning and contractual protections to quickly adjust to any regulatory shifts.

Background to the BIS Rule

On June 30, 2025, President Donald Trump issued Executive Order 14312 (the “Executive Order” or “EO 14312”) which removed the US comprehensive sanctions on Syria effective July 1, 2025, while maintaining sanctions on Bashar al-Assad, his associates, human rights abusers, drug traffickers, persons linked to chemical weapons activities, ISIS or its affiliates, and Iranian proxies. Further to this action, OFAC issued a final rule on August 26, 2025, removing the Syrian Sanctions Regulations from the Code of Federal Regulations.

The Executive Order also directed the US Department of Commerce to ease export controls on Syria. In response to this directive, and as part of its standard rulemaking process, BIS submitted to the Office of Management and Budget its draft rule to relax export controls on Syria for regulatory review on July 8, 2025.

Following regulatory review, on September 2, 2025, BIS complemented OFAC’s repeal of its comprehensive sanctions by issuing its Final Rule “Relaxing Export Controls for Syria,” which recasts Syria’s treatment under the EAR.

Key Elements of the BIS Rule

Creation of License Exception SPP¹

Authorizes exports and reexports to Syria of all items classified as EAR99 (i.e., low-level technology items for civilian use not listed on the Commerce Control List (“CCL”)).
To facilitate governmental oversight of transactions conducted pursuant to this exception, U.S. Customs and Border Protection has created license code C78 within the Automated Export System. Filers must select license code C78 for every shipment that relies on License Exception SPP, thereby providing the US government with real-time visibility into Syria-related exports and enabling verification that each transaction complies with the exception’s terms and the general restrictions set forth in § 740.2.

New Syria Licensing Policy²

Presumption of Approval for Certain Commercial Uses to Support the Syrian People: License applications will be reviewed under a presumption of approval for CCL-controlled items that support commercial activity that supports the economic and business development in Syria or that support the Syrian people, including through the improvement or maintenance of telecommunications, water supply and sanitation, power generation, aviation, or other civil services that support peace and prosperity in Syria, without contributing to the military potential of Syria or its ability to support acts of terrorism. Previously, these licenses would have been reviewed on a case-by-case basis.
Items controlled for Anti-Terrorism (“AT”) reasons will be reviewed under the new licensing policy mentioned above.
Items on the CCL will also be reviewed according to the licensing policy for the items set out in relevant sections of part 742.
Case-by-Case Review:³ All other CCL items will be reviewed to assess consistency with US national-security and foreign-policy interests; denial is no longer the default.

Expansion of Existing License Exceptions

Consumer Communications Devices (“CCD”): This License Exception authorizes specific types of consumer communication devices and software subject to the EAR that are commonly used to exchange information and facilitate interpersonal communications. Syria has been added to the eligible destinations and items identified in this license exception can be exported or reexported to Syria.
Items covered under License Exception CCD are consumer computers, consumer disk drives, monitors, printers, modems, network access controllers, mobile phones, SIM cards, memory devices, televisions, radios, etc., controlled for AT reasons only. License Exception CCD only applies to the items identified in the exception. Syria added to eligible destinations for a wide range of consumer IT hardware and software.
Aircraft, Vessels & Spacecraft (“AVS”): Flying an aircraft or sailing a vessel to Syria—even temporarily—is an export or re-export to Syria.

Temporary Sojourns Authorized: Now, temporary exports of US-registered aircraft and vessels and temporary reexports of US and foreign-registered civil aircraft and vessels to Syria are authorized in section 746.9 provided specific requirements of License Exception AVS are met.
Expanded Eligibility for Parts and Equipment: License Exception AVS also now authorizes equipment and spare parts to be exported to Syria for use on an aircraft or vessel provided the items meet the following criteria:

The items are EAR99, or
Controlled on the CCL solely for AT reasons.

BIS notes that certain Export Control Classification Numbers (“ECCNs”) covering a variety of items including specific processing equipment, electronic devices, computers, electronic assemblies, certain mass-market encryption commodities, and aircraft and gas turbine engines among other items classified under 2B999, 3A991, 4A994, 5A992 (except for .z) and 9A991 will be treated as ECCNs controlled exclusively for AT reasons.

These changes are not intended to authorize any operations by US registered civil aircraft in Syria pursuant to regulatory regimes other than the EAR, including the Federal Aviation Administration.

Temporary Exports (“TMP”), Replacement Parts (“RPL”), Technology & Software Unrestricted (“TSU”), Baggage (“BAG”),and Government/International Organizations (“GOV”): Each broadened to allow various activities formerly subject to near-categorical denial.

End-Use and End-User Restrictions Remain

Does not override end-use or end-user prohibitions under EAR Part 744 (e.g., dealings with SDNs captured by § 744.8).

Removal of General Order No. 2 and Obsolete SAA References.

BIS deleted the 2004 order that had imposed an overarching license requirement and automatic denial policy, and excised statutory language tied to the Syria Accountability and Lebanese Sovereignty Restoration Act.

Recent Lifting of Syria Sanctions

As noted above, the comprehensive sanctions on Syria were lifted in July, but the situation remains complex.

Key Elements of EO 14312 and OFAC’s Rescission of SySR

De-listing of Syrian SDNs: EO 14312 revokes six EOs that form the foundation of the Syrian Sanctions Program (e.g., EO 13338, EO 13399, EO 13460, EO 13572, EO 13573, and EO 13582) and removes from OFAC’s SDN List 518 individuals and entities designated under the SySR. All Syrian financial institutions including the Central Bank of Syria have been removed from OFAC’s SDN List. US persons are not prohibited from providing financial services to Syria, processing payments on behalf of third-country financial institutions involving Syrian financial institutions or conducting transactions with the new Government of Syria and Syrian financial institutions, provided none of the involved parties are on the SDN List.
Sanctions that Remain: Although EO 14312 revokes several EOs, many persons and entities linked to the Assad regime remain blocked under other sanctions programs. OFAC designated 139 persons who were previously designated under the Syrian Sanctions Program under EO 13894 (Blocking Property and Suspending Entry of Certain Persons Contributing to the Situation in Syria), as amended. Moreover, EO 14312 preserves and expands OFAC’s ability to target Assad and his associates, human rights abusers, and captagon drug traffickers. OFAC has established a new program under the title Promoting Accountability for Assad and Regional Stabilization Sanctions (“PAARSS”).
FinCEN Exceptive Relief: The Financial Crimes Enforcement Network (“FinCEN”) issued exceptive relief in May 2025 to permit US financial institutions to open and maintain correspondent accounts for the Commercial Bank of Syria.
Terrorism Designations: The US State Department revoked the Foreign Terrorist Organization designation of HTS (al-Nusrah Front). HTS and its leader, Ahmed Hussein al-Sharaa, remain on the SDN list, pending the Department of State’s review.

Conclusion

The summer of 2025 has marked a historic turning point in US policy toward Syria, creating new commercial opportunities alongside significant regulatory changes. The combined actions by BIS and OFAC signal a dramatic relaxation of controls—though not a blanket approval for unrestricted engagement. Nonetheless, given the complexity and evolving restrictions, companies considering exports, investments, or business operations in Syria should coordinate closely with experienced counsel and integrate compliance considerations into their planning activities.

¹§ 740.5.

² § 746.9(c)(1).

³ 746.9(c)(2).