We would like to remind our clients of Executive Order 14068 which prohibits the importation of the following products of Russian Federation origin: non-industrial diamonds; fish, seafood, and preparations thereof; and alcoholic beverages.
Additionally, Executive Order 14114 amends Executive Order 14068 by addressing situations where Russian-origin diamonds as well as fish, seafood, and preparations thereof, underwent substantial transformation outside of the Russian Federation. This executive order prohibits importation of these products if they were mined, extracted, produced, or manufactured wholly or in part in the Russian Federation regardless of whether such products have been incorporated or substantially transformed into another product with a country of origin that is not the Russian Federation.
Compliance Requirements
All entries and certified from summary transactions as well as goods admitted into a Foreign Trade Zone (FTZ) that include the affected commodities with origins other than Russia will require a self-certification statement to be uploaded to the ACE Document Image System. Each entry, entry summary, or FTZ admission will require a separate self-certification document to accompany the commercial documentation.
The self-certification must meet the following criteria:
Be provided on official company/personal letterhead in PDF format.
Contain one of the following statements specified below, based on the imported product type:
For non-industrial diamonds with a weight of 1.0 carat or greater:
“I certify that the non-industrial diamonds in this shipment were not mined, extracted, produced, or manufactured wholly or in part in the Russian Federation, notwithstanding whether such diamonds have been substantially transformed into other products outside of the Russian Federation.”
Or
“I certify that the non-industrial diamonds in this shipment qualify for General License 104, because the diamonds were physically located outside of the Russian Federation before March 1, 2024, and were not exported or re-exported from the Russian Federation since March 1, 2024.”
For diamond jewelry and unsorted diamonds:
“I certify that the diamond jewelry and unsorted diamonds in this shipment are not of Russian Federation origin and were not exported from the Russian Federation.”
Or
“I certify that the diamond jewelry in this shipment qualifies for General License 103 and that it was physically located outside of the Russian Federation prior to March 1, 2024, and not exported or reexported from the Russian Federation on or after March 1, 2024.”
For non-industrial diamonds with a weight of 0.5 carat or greater, effective September 1, 2024:
“I certify that the non-industrial diamonds in this shipment were not mined, extracted, produced, or manufactured wholly or in part in the Russian Federation, notwithstanding whether such diamonds have been substantially transformed into other products outside of the Russian Federation.”
Or
“I certify that the non-industrial diamonds in this shipment qualify for General License 104, because the diamonds were physically located outside of the Russian Federation before March 1, 2024, and were not exported or re-exported from the Russian Federation since March 1, 2024.”
For fish, seafood, and preparations thereof:
"I certify that any fish, seafood, or preparations thereof in this shipment were not harvested in waters under the jurisdiction of the Russian Federation or by Russia-flagged vessels, notwithstanding whether such product has been incorporated or substantially transformed into another product outside of the Russian Federation.
For alcoholic beverages:
“I certify that the alcoholic beverages in this shipment were not produced or manufactured wholly or in part in the Russian Federation, notwithstanding whether such beverages have been substantially transformed into other products outside of the Russian Federation.”
Please refer to the below links for additional information and the complete list of affected HTS:
https://ofac.treasury.gov/faqs/1027
For any questions please reach out to [email protected]