On August 26, 2025, the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) published a final rule removing the Syrian Sanctions Regulations (31 CFR Part 542) from the Code of Federal Regulations (“OFAC Final Rule”). This action follows the issuance of Executive Order (“EO”) 14312 on June 30, 2025, which terminated the national emergency declared in EO 13338 and revoked multiple Syria-related sanctions authorities. Our blog post on the issuance of EO 14312 and the lifting of U.S. comprehensive sanctions on Syria is available here. Following that announcement on September 2, 2025, the Bureau of Industry and Security (“BIS”) published a final rule amending the Export Administration Regulations (“EAR”) to significantly relax export controls on exports of hardware, software, and technology to Syria subject to the EAR (“BIS Final Rule”).
I. Background
The Syrian Sanctions Regulations were first issued in 2005 to implement EO 13338, which had been enacted in response to Syria’s support for terrorism, occupation of Lebanon, and pursuit of weapons of mass destruction. Over the years, OFAC expanded the scope of these regulations to incorporate additional executive orders targeting human rights abuses, proliferation activities, and other destabilizing conduct by the Assad regime.
Export controls on Syria were previously governed by the Syria Accountability and Lebanese Sovereignty Restoration Act of 2003 (“SAA”), EO 13338, and restrictions under the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 (“CBW Act”). These measures imposed broad prohibitions on exports and reexports to Syria, including a general policy of denial for most items subject to the EAR.
EO 14312 reflects a significant shift in U.S. policy toward Syria. The President determined that the circumstances underpinning the original sanctions had changed due to positive developments under the new Syrian government led by President Ahmed al-Sharaa. As a result, EO 14312 waived key provisions of the SAA and CBW Act, terminated the national emergency declared in EO 13338, and revoked the following six executive orders that formed the foundation of the Syria sanctions program: EO 13338 of May 11, 2004; EO 13399 of April 25, 2006; EO 13460 of February 13, 2008; EO 13572 of April 29, 2011; EO 13573 of May 18, 2011; and EO 13582 of August 17, 2011.
II. Key Changes in the OFAC Final Rule
The OFAC Final Rule implements the following key amendments to sanctions applicable to Syria:
- Removal of 31 CFR Part 542: OFAC has formally removed the Syrian Sanctions Regulations from the Code of Federal Regulations.
- Redesignation of Certain Individuals: Persons previously sanctioned under the six revoked executive orders have been redesignated under EO 13894, as amended, which continues to target individuals responsible for war crimes, human rights abuses, and narcotics trafficking.
While the Syrian Sanctions Regulations have been removed, EO 14312 does not provide relief to ISIS, other terrorist organizations, or individuals associated with chemical weapons proliferation or human rights abuses. These actors remain subject to sanctions as specially designated nationals and blocked persons (“SDNs”) under other sanctions authorities.
III. Key Changes in the Final BIS Rule
The BIS Final Rule retains the prior jurisdictional reach of the EAR for Syria (i.e., all items subject to the EAR, except food and medicine classified as EAR99) and implements the following key amendments to the EAR:
- Expanded Eligibility for Certain License Exceptions
- New License Exception Syria Peace and Prosperity (“SPP”): This new license exception authorizes exports and reexports of all EAR99 items to Syria but does not allow for exports or re-exports of items that are prohibited based on end-use/end-user controls under Part 744 of the EAR (including to SDNs).
- Expanded Scope of License Exception Consumer Communications Devices (“CCD”): The BIS Final Rule adds Syria to the list of countries eligible for License Exception CCD and also allows its use for all organizations in Syria, not solely “independent non-governmental organizations”. However, this change also does not extend to authorizing exports or re-exports of items to restricted end-uses/end-users under Part 744 of the EAR or to restricted parties (such as SDNs).
- Expanded Scope of License Exception Aircraft, Vessels, and Spacecraft (“AVS”): This license exception now covers items classified as EAR99 or under export control classification numbers (“ECCNs”) subject only to anti-terrorism (“AT”) controls for Syria (including the following ECCNs that will be treated as being controlled for AT-reasons only: 2B999, 3A991, 4A994, 5A992 (except for .z) and 9A991). The BIS Final Rule also makes License Exception AVS available for Syria for U.S.-registered and foreign-registered civil aircraft and vessels on temporary sojourn to Syria. Exports/reexports for all other end users/end uses in Syria and for all other items on the CCL will continue to require licenses to Syria. The changes to License Exception AVS are intended to ensure that items that could contribute to Syria’s military and defense capabilities are only made pursuant to licenses that trigger notification requirements to Congress.
- Other License Exceptions Now Available for Exports, Re-Exports, and In-Country Transfers to or in Syria:
- Temporary Exports (License Exception TMP) – License Exception TMP was previously only available for use by news media. The Final Rule expands the scope of the license exception to include shipping containers, certain exports by U.S. persons’ foreign subsidiaries, affiliates, or facilities abroad, and certain personal protective equipment.
- Servicing and Replacement Parts (License Exception RPL) – the Final Rule’s amendment to this license exception does not authorize exports or re-exports to the Syrian military/military-intelligence end-users/end-uses.
- Government and International Organizations (License Exception GOV) – the Final Rule expands the scope of License Exception GOV, including to allow for inspections under the Chemical Weapons Convention and for a range of exports made for or on behalf of U.S. government agencies.
- Technology and Software—Unrestricted (License Exception TSU) – the Final Rule broadens the eligibility of exports and re-exports of software and technology to Syria authorized under License Exception TSU by adding copies of technology previously authorized for export to the same recipient under Section 740.13(g) of the EAR.
- Personal Baggage (License Exception BAG) – the Final; Rule adjusts references to the applicability of License Exception BAG in the regulations, without amending the scope of the license exception.
- Revised Licensing Policies
The new rule also changes certain licensing policies for articles subject to licensing requirements when exported to Syria.
- Presumption of Approval: The final rule establishes more permissive license review policies for exports and re-exports to Syria under the EAR, including a presumption of approval for items supporting commercial development and civil infrastructure of Syria (e.g., telecommunications, water supply and sanitation, power generation, aviation, and other civil services).
- Case-by-Case Review: For other items, the license review policy will be applied on a case-by-case basis to ensure continued scrutiny for military or terrorism-related end uses while supporting economic and business development in Syria that support the Syrian people.
IV. Key Takeaways
These final rules significantly relax longstanding US sanctions on dealings with persons and entities in Syria and export control restrictions on hardware, software, technology exports to Syria, while introducing more favorable licensing review policies for articles that continue to be subject to licensing requirements. However, persons looking to operate in or with persons in Syria, and exporters of items subject to the EAR should continue to exercise caution due to the maintenance of certain economic sanctions and export controls restrictions to ensure proposed transactions relating to Syria do not include Syrian military, police, and intelligence services or individuals or entities designated under various sanctions programs, including Bashar al-Assad and ISIS.
