UPDATED BIS LICENSE TYPE C46 – (AVS) Aircraft and Vessels
September 2, 2025
On Tuesday, September 2, 2025, the Department of Commerce, Bureau of Industry and Security (BIS) published a final rule (https://www.federalregister.gov/documents/2025/09/02/2025-16724/relaxing-export-controls-for-syria) with an effective date of September 2, 2025 for most provisions. Among other actions, this final rule expands the eligibility of EAR license exceptions for Syria by making additional paragraphs of existing license exceptions available for exports and reexports to Syria.
In § 740.15 (License Exception AVS, for Aircraft, vessels and spacecraft) under paragraph (b)(4), this final rule revises this paragraph to ensure that only items designated as EAR99 or controlled on the CCL only for anti-terrorism reasons are eligible to be sent to Syria under paragraph (b) of License Exception AVS. This revised text is intended to ensure that no equipment and spare parts for a vessel or aircraft that could make a significant contribution to the military potential of Syria, including its military logistics capability, or could enhance Syria’s ability to support acts of international terrorism, is authorized to Syria without the required notification to Congress, consistent with 50 USC 4813(c)(2).
This final rule also adds a Note to paragraph (b)(4) to specify that for purposes of paragraph (b)(4), ECCNs 2B999, 3A991, 4A994, 5A992 (except for .z), and 9A991 are treated as ECCNs controlled exclusively for AT reasons.
This final rule as a conforming change adds a reference to License Exception AVS in § 746.9(b)(4) to specify that it is an available license exception for Syria, provided that the transaction is not otherwise restricted under § 740.2 and meets all the applicable terms and conditions of License Exception AVS.
Updated License Code C46 (AVS)
An update has been made to AES to License Type Code C46 “Aircraft and Vessels” (AVS), which allows departure from the United States of foreign registry civil aircraft on temporary sojourn in the United States and of U.S. civil aircraft for temporary sojourn abroad; the export of equipment and spare parts for permanent use on a vessel or aircraft; exports to vessels or planes of U.S., Australian, Canadian, or UK (the United Kingdom) registry and U.S., Australian, Canadian, or UK Airlines' installations or agents; the export or reexport of cargo that will transit Cuba on an aircraft or vessel on temporary sojourn; and the export of spacecraft and components for fundamental research.
This rule broadens the eligibility for Syria by expanding License Exception AVS eligibility to exports of U.S.-registered civil aircraft and vessels and temporary reexports of U.S. and foreign registered civil aircraft and vessels to Syria on temporary sojourn pursuant to the terms of § 740.15(a) - (d) of the EAR. This License Exception is available subject to the restriction that the transaction will not support the Syrian police, military, or intelligence end users pursuant to supplement no. 2 to part 742.
A list of AES License Codes and reporting instructions can be found at https://www.cbp.gov/document/guidance/aestir-appendix-f-license-and-license-exemption-type-codes
For questions regarding these upcoming AES changes, please contact the Bureau of Industry and Security at one of the phone numbers below.
Outreach and Educational Services Division (located in Washington, DC) (202) 482-4811
Office of Technology Evaluation (located in Washington, DC): (202) 482-4933
Western Regional Office (located in Irvine, CA) (949) 660–0144
Northern California branch (located in San Jose, CA) (408) 998-8806
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