SC 22-009
CBP Form 214
General Order

CBP has issued guidance regarding the importation of cargoes from Russia.

Summary (Paraphrased)

For imports into the United States from Russia of the following cargoes:

• crude oil;
• petroleum;
• petroleum fuels,
• oils, and products of their distillation;
• liquefied natural gas;
• coal; and coal products

Contracts/Agreements must have been written and dated prior to March 8, 2022; and

Cargoes must be entered prior to 12:01 a.m. EDT, April 22, 2022. (Or for local New Orleans —> 11:01 p.m., April 21, 2022)

IMPORTANT

CBP will therefore be requiring filers of entries or admissions to Foreign Trade Zones for shipments the listed products of Russian Federation origin to provide purchase orders and/or executed contracts and/or any other documentation showing when the order and/or contract went into effect. Such documentation will be required through 12:01 a.m. eastern daylight time, April 22, 2022, after which General License No. 16 expires and EO issued March 8, 2022 takes full effect.

• CBP intends to require this documentation prior to unlading of the conveyances and will place holds on both unlading and cargo pending verification of the required information.
• This information should be provided to CBP at the port of entry where the cargo is intended to be unladen and should include conveyance information, bill of lading number(s) and entry number(s) or FTZ admission information.
• CBP encourages the submission of the proof required under GL 16 as soon as possible, preferably prior to arrival, to prevent any undue delays at ports for qualifying shipments.
• Additional contact information and process may be provided, and this guidance will be updated appropriately.
• In addition, effective immediately, shipments of crude oil; petroleum; petroleum fuels, oils, and products of their distillation; liquefied natural gas; coal; and coal products of Russian Federation origin are not authorized for direct delivery privilege until further notice.
• Admission via a CBP Form 214 or electronic equivalent will be required for the duration of this EO. 

Area Port of New Orleans Guidance:

• CBP Officers will place bill of lading/manifest holds on shipments of crude oil; petroleum; petroleum fuels, oils, and products of their distillation; liquefied natural gas; coal; and coal products of Russian Federation origin.
• CBP Officers will not initially approve a CBP 3171 Lade Order, denying Preliminary Entrance for vessels transporting shipments of crude oil; petroleum; petroleum fuels, oils, and products of their distillation; liquefied natural gas; coal; and coal products of Russian Federation origin until the requested documentation such as purchase orders and/or executed contracts and/or any other documentation showing when the order and/or contract went into effect is submitted, and reviewed and approved by the CBP Port Director.
• If the documentation provided on the shipments is approved, CBP Officers will remove the shipment bill of lading holds and approve the CBP 3171 Lade Order granting Preliminary Entrance on the vessel to enter port and unlade.
• Documentation should provide to the Port of Entry along with the CBP 3171 Lade Order as soon as possible to allow ample time for CBP review and approval.  This will minimize delays and reduce port congestion.
• The New Orleans Marine Division Trade Enforcement Team [TET] is the primary contact to provide documentation and coordinate bill of lading holds and releases, CBP Form 3171 Lade Order approvals and CBP Form 214 FTZ admissions in the Port of New Orleans.
• Contact the Ports of Morgan City, Gramercy, Baton Rouge and Lake Charles to coordinate bill of lading holds and releases, CBP Form 3171 Lade Order approvals, and CBP Form 214 FTZ admissions.
• CBP Form 3171 Lade Order processing procedures, along with contact information, is provided in Southern Currents 22-005, attached as reference.

The complete Trade Notice is below.

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From: “CHOINA, MARK S” <MARK.S.CHOINA@CBP.DHS.GOV>

Subject: Trade Notice 22-009: Area Port Guidance: OFAC Issues General License Authorizing Certain Transactions with Respect to petroleum Importations from the Russian Federation

Date: March 10, 2022 at 8:05:11 AM CST

SUBJECT:  Area Port Guidance:  OFAC Issues General License Authorizing Certain Transactions with Respect to Petroleum Importations from the Russian Federation

 

The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) has issued GENERAL LICENSE NO.16: “Authorizing Transactions Related to Certain Imports Prohibited by Executive Order of March 8, 2022, Prohibiting Certain Imports and New Investments with Respect to Continued Russian Federation Efforts to Undermine the Sovereignty and Territorial Integrity of Ukraine.”   Part A of this general license states, “all transactions prohibited by Executive Order (EO) of March 8, 2022, Prohibiting Certain Imports and New Investments With Respect to Continued Russian Federation Efforts to Undermine the Sovereignty and Territorial Integrity of Ukraine, that are ordinarily incident and necessary to the importation into the United States of crude oil; petroleum; petroleum fuels, oils, and products of their distillation; liquefied natural gas; coal; and coal products of Russian Federation origin pursuant to written contracts or written agreements entered prior to March 8, 2022 are authorized through 12:01 a.m. eastern daylight time, April 22, 2022.”

 

IMPORTANT and FOR IMMEDIATE EFFECT:

CBP will therefore be requiring filers of entries or admissions to Foreign Trade Zones for shipments of crude oil; petroleum; petroleum fuels, oils, and products of their distillation; liquefied natural gas; coal; and coal products of Russian Federation origin to provide purchase orders and/or executed contracts and/or any other documentation showing when the order and/or contract went into effect. Such documentation will be required through 12:01 a.m. eastern daylight time, April 22, 2022, after which General License No. 16 expires and EO issued March 8, 2022 takes full effect.

 

The full general license can be accessed here https://home.treasury.gov/system/files/126/russia_gl16.pdf

 

CBP intends to require this documentation prior to unlading of the conveyances and will place holds on both unlading and cargo pending verification of the required information.  This information should be provided to CBP at the port of entry where the cargo is intended to be unladen and should include conveyance information, bill of lading number(s) and entry number(s) or FTZ admission information.  CBP encourages the submission of the proof required under GL 16 as soon as possible, preferably prior to arrival, to prevent any undue delays at ports for qualifying shipments.  Additional contact information and process may be provided, and this guidance will be updated appropriately.

 

In addition, effective immediately, shipments of crude oil; petroleum; petroleum fuels, oils, and products of their distillation; liquefied natural gas; coal; and coal products of Russian Federation origin are not authorized for direct delivery privilege until further notice.  Admission via a CBP Form 214 or electronic equivalent will be required for the duration of this EO. 

 

CBP expects trade partners to continue to be proactive in identifying shipments subject to the EO and the General License and to provide appropriate documentation to ensure compliance.

 

Area Port of New Orleans Guidance:

• CBP Officers will place bill of lading/manifest holds on shipments of crude oil; petroleum; petroleum fuels, oils, and products of their distillation; liquefied natural gas; coal; and coal products of Russian Federation origin.
• CBP Officers will not initially approve a CBP 3171 Lade Order, denying Preliminary Entrance for vessels transporting shipments of crude oil; petroleum; petroleum fuels, oils, and products of their distillation; liquefied natural gas; coal; and coal products of Russian Federation origin until the requested documentation such as purchase orders and/or executed contracts and/or any other documentation showing when the order and/or contract went into effect is submitted, and reviewed and approved by the CBP Port Director.
• If the documentation provided on the shipments is approved, CBP Officers will remove the shipment bill of lading holds and approve the CBP 3171 Lade Order granting Preliminary Entrance on the vessel to enter port and unlade.
• Documentation should provide to the Port of Entry along with the CBP 3171 Lade Order as soon as possible to allow ample time for CBP review and approval.  This will minimize delays and reduce port congestion.
• The New Orleans Marine Division Trade Enforcement Team [TET] is the primary contact to provide documentation and coordinate bill of lading holds and releases, CBP Form 3171 Lade Order approvals and CBP Form 214 FTZ admissions in the Port of New Orleans.
• Contact the Ports of Morgan City, Gramercy, Baton Rouge and Lake Charles to coordinate bill of lading holds and releases, CBP Form 3171 Lade Order approvals, and CBP Form 214 FTZ admissions.
• CBP Form 3171 Lade Order processing procedures, along with contact information, is provided in Southern Currents 22-005, attached as reference.

 

This guidance will be updated as additional information becomes available.  Questions regarding this trade notice should be directed to Assistant Port Director Mark Choina at mark.s.choina@cbp.dhs.gov or via telephone at (504) 670-2287.