U.S. Department of Commerce Issues Final Rule Relaxing Export Controls on Syria

• The Bureau of Industry and Security (“BIS”) has issued a final rule significantly relaxing export controls on Syria under the Export Administration Regulations (“EAR”), in line with Executive Order 14312, which became effective upon publication in the Federal Register on September 2, 2025.
• The rule creates and expands license exceptions to cover certain exports to Syria (including all EAR99 exports) and adopts more permissive license review policies in support of U.S. policy objectives to promote economic activity, stability and prosperity in Syria.
• While many export restrictions are lifted, controls remain in place for transactions involving certain designated individuals and entities, including Bashar al-Assad and other sanctioned persons, as well as for items that could contribute to Syria’s military or capacity to support international terrorism.

On August 28, 2025, BIS issued a final rule (the “Rule”) relaxing export controls on certain exports and reexports to Syria, including: adding new license exceptions for Syria, including for all EAR99 items; revising certain restrictive license application review policies to be more favorable; and expanding existing license exceptions to apply to Syria.

Background

Prior to the Rule, U.S. export controls on Syria were among the most restrictive globally, implemented under the Syria Accountability and Lebanese Sovereignty Restoration Act of 2003 (SAA), various Executive Orders, and the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 (CBW Act). These measures broadly prohibited the export and reexport of most items subject to the EAR, with limited exceptions for food, medicine and certain humanitarian items. In addition, in May 2014, BIS adopted a general policy of denial for license applications related to exports and reexports to Syria of all items subject to the EAR, with the exception of food and medicine classified as EAR99.

As covered in prior alerts, on May 13, 2025, President Trump announced the intention to lift sanctions against Syria, culminating in Executive Order 14312 on June 30, 2025, which revoked prior sanctions and waived the export restrictions contained in the SAA. The BIS final rule implements these changes, aligning with parallel actions by the Department of the Treasury’s Office of Foreign Assets Control (“OFAC”), which removed the Syrian Sanctions Regulations and delisted certain persons from the Specially Designated Nationals and Blocked Persons List (“SDNs”).

Summary of Regulatory Changes

The Rule introduced a new license exception, License Exception Syria Peace and Prosperity (“SPP”), which authorizes the export or reexport of all items designated as “EAR99” (i.e., items not specifically listed on the Commerce Control List) to Syria, subject to general EAR restrictions and end-user controls. However, SPP does not authorize exports or reexports that are prohibited by end-use or end-user controls in part 744 of the EAR or to SDNs unless an OFAC-specific or general license applies.

• Consumer Communications Devices (CCD): Syria is added as an eligible destination, permitting the export of a broad range of consumer communications devices and software. All commodities and software described in Section 740.19(b) of the EAR are now eligible for export or reexport to Syria under License Exception CCD.
• Aircraft, Vessels and Spacecraft (AVS): Prior to the Rule, License Exception AVS was only available for foreign-flagged/owned/operated aircraft reexported to Syria on temporary sojourn pursuant to the terms of Section 740.15(a)(4). License Exception AVS eligibility has now been expanded to exports of U.S.-registered civil aircraft and vessels, and to temporary reexports of U.S. and foreign-registered civil aircraft and vessels to Syria on temporary sojourn pursuant to Section 740.15(a) - (d) of the EAR. However, AVS is subject to the restriction that the transaction will not support the Syrian police, military, or intelligence end users and end uses. In addition, equipment and spare parts are only authorized to Syria provided those items are either EAR99 or Commerce Control List (“CCL”) items controlled solely for anti-terrorism reasons. Other items remain subject to a license requirement. The revisions are intended to ensure that no equipment or spare parts for a vessel or aircraft that could make a significant contribution to the military potential of Syria or could enhance Syria’s ability to support acts of international terrorism, are authorized for export to Syria without notification to Congress, as required by 50 USC 4813(c)(2).
• Temporary Imports, Exports and Reexports (TMP): Expanded to include additional categories such as certain technology pursuant to the provisions in Section 740.9(a)(3), shipping containers pursuant to the provisions in Section 740.9(a)(7), certain exports to a U.S. person’s foreign subsidiary, affiliate, or facility abroad pursuant to Section 740.9(a)(10) and certain personal protective “equipment” pursuant to Section 740.9(a)(11)(ii).
• Servicing and Replacement of Parts and Equipment (RPL): Now available for Syria, except for exports or reexports supporting Syrian police, military, or intelligence end users or end uses pursuant to supplement no. 2 to part 742 of the EAR. As a result, RPL cannot be used for any items on the CCL when destined to Syrian police, military or intelligence end users or end uses.
• Governments and International Organizations (GOV): Broadened to cover a wider range of U.S. government and international activities.
• Technology and Software—Unrestricted (TSU): Expanded eligibility for certain technology and software exports by adding copies of technology previously authorized for export to the same recipient.
• Baggage (BAG): Maintains authorization for personally-owned items exported as baggage.

As with new License Exception SPP, the expanded license exceptions do not authorize exports or reexports that are prohibited by end-use or end-user controls in part 744 of the EAR or to SDNs unless an OFAC-specific or general license applies.

• Presumption of Approval: License applications for items on the CCL intended for commercial end uses that support economic and business development, or benefit the Syrian people (e.g., telecommunications, water, power, aviation, civil services), will be reviewed with a presumption of approval, provided they do not significantly contribute to the military potential of Syria or the ability of Syria to support acts of international terrorism. If a determination is made that an export or reexport could make a significant contribution to the military potential of Syria or could enhance Syria’s ability to support acts of international terrorism, the Secretaries of State and Commerce must notify Congress 30 days prior to issuance of a license, consistent with 50 USC 4813(c)(2). BIS indicated that exports of EAR99 items or items controlled only for anti-terrorism reasons generally will not trigger this requirement.
• Case-by-Case Review: Other license applications will be reviewed on a case-by-case basis to ensure consistency with U.S. national security and foreign policy interests.

• Continued End-Use and End-User Controls: All transactions remain subject to EAR end-use and end-user controls, particularly for military, police, intelligence and terrorist-related activities. Exports that could enhance Syria’s military potential or support acts of terrorism remain tightly controlled and Congressional notification is required for certain sensitive exports.
• Arms Embargo: Syria remains subject to an arms embargo pursuant to Section 126.1 of the International Traffic in Arms Regulations (ITAR). The arms embargo, which is rooted in both U.S. law and international commitments, is particularly stringent and unlikely to be lifted in the near term.
• State Sponsor of Terrorism Designation: The Rule does not alter requirements based on Syria’s designation as a State Sponsor of Terrorism under other U.S. laws.
• SDN List and Other Sanctions: While many Syria-related SDNs have been delisted, certain individuals and entities—including Bashar al-Assad and other actors designated under separate authorities—remain subject to OFAC sanctions. Transactions involving these parties may still require a license or remain prohibited.

Entities considering exports or reexports to Syria should carefully review the revised EAR provisions, ensure compliance with all remaining end-use and end-user controls and conduct robust due diligence to avoid transactions with prohibited parties. Legal counsel should be consulted to navigate the evolving regulatory environment and to assess the applicability of license exceptions or the need for specific licenses.