For purposes of §746.5, oil and gas exploration data is treated as a commodity, not software or technology. Therefore, the scenario described would not trigger the one-time reporting requirement, as specified in §734.4. In addition, the de minimis procedures for commodities would apply (see §734.4 and Supplement No. 2 to part 734 for information on the EAR’s de minimis provisions and the procedures for making de minimis calculations). However, regardless of whether the data being processed was subject to the EAR, providing such a service by a U.S. person for such end uses in Russia would in most cases likely be prohibited by OFAC.  As noted above, questions specific to the OFAC restrictions, should be directed to OFAC.

   
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