Office of Antiboycott Compliance (OAC)

OAC administers and enforces the antiboycott provisions set out in part 760 of the EAR.

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Office overview

The Office of Antiboycott Compliance (OAC) within BIS is charged with administering and enforcing the Anti-Boycott Act of 2018, Part II of the Export Control Reform Act of 2018 (ECRA), and the antiboycott provisions set forth in part 760 of the Export Administration Regulations, 15 CFR parts 730-774 (EAR). These authorities discourage, and in some circumstances, prohibit U.S. companies from taking certain actions in furtherance or support of a boycott maintained by a foreign country against a country friendly to the United States (unsanctioned foreign boycott).

U.S. companies must report to OAC their receipt of certain boycott-related requests for information designed to verify compliance with an unsanctioned foreign boycott. Prohibited activities include, inter alia, agreements by U.S. companies to refuse to do business with a boycotted country or with blacklisted persons for boycott-related reasons, furnishing information about any person’s business relationships with a boycotted country or with blacklisted persons, and implementation (by U.S. banking entities) of letters of credit that include prohibited boycott-related terms or conditions.

Antiboycott authorities

During the late 1970s, the United States adopted several authorities that sought to counteract the participation of U.S. persons in other countries’ economic boycotts or restrictive trade practices. The 1977 amendments to the Export Administration Act of 1969 targeted certain activities by U.S. persons taken in furtherance of an unsanctioned foreign boycott. These amendments formed the basis of section 8 of the Export Administration Act of 1979, which was implemented as part 760 of the EAR. Enacted on August 13, 2018, as part of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, the Anti-Boycott Act of 2018, Part II of the ECRA, Title XVII, Subtitle B of Pub. L. 115-232, 132 Stat. 2208, provides the current statutory basis for OAC’s boycott-related administration and enforcement.

U.S. persons should also be aware of the boycott-related prohibitions and reporting requirements set forth in the Ribicoff Amendment to the 1976 Tax Reform Act. We recommend that you consult the Department of the Treasury regarding the Ribicoff Amendment.

Objectives and primary impact

The antiboycott provisions of the EAR encourage, and in specified cases, require U.S. persons to refuse to participate in unsanctioned foreign boycotts. They have the effect of preventing U.S. persons from advancing foreign policies of other nations that run counter to U.S. policy.

The Arab League boycott of Israel is the principal unsanctioned foreign boycott that U.S. persons must be concerned with today. The antiboycott provisions of the EAR, however, apply to all unsanctioned foreign boycotts.

The Antiboycott Provisions of the EAR: Jurisdiction

The antiboycott provisions of the EAR (see Part 760) apply to certain activities of “U.S. persons,” undertaken with boycott intent, in the “interstate or foreign commerce of the United States.”

U.S. person: includes all individuals, including foreign nationals, who are resident in the United States, and corporations and unincorporated associations that are resident in the United States, including the permanent domestic establishments of foreign concerns. The term also applies to U.S. citizens residing abroad (except when they are employed by non-U.S. persons) and the “controlled in fact” foreign subsidiaries, affiliates or other permanent foreign establishments of domestic concerns. The test for “controlled in fact” is the authority or ability to establish the general policies or to control the day-to-day operations of the foreign subsidiary, affiliate, partnership, branch, office, or other permanent foreign establishment. See section 760.1 of the EAR, including its examples regarding key definitions.

Boycott intent: The antiboycott provisions of the EAR apply to certain activities of U.S. persons undertaken with intent to comply with, further, or support an unsanctioned foreign boycott.

Interstate or foreign commerce of the United States includes activities involving the sale, purchase, or transfer of goods (including information) or services between two or more U.S. states or between a U.S. state and a foreign country. Exports/imports from/to the U.S. of goods or services may also be covered. See section 760.1(d) of the EAR.

The Antiboycott Provisions of the EAR: Prohibitions

Activities that may be prohibited under the EAR include:

Refusals or agreements to refuse to do business with or in a boycotted country or with blacklisted companies.
Discrimination or agreements to discriminate against a U.S. person based on race, religion, sex, or national origin.
Furnishing information or agreements to furnish information about business relationships with or in a boycotted country or with blacklisted companies.
Furnishing information or agreements to furnish information about the race, religion, sex, or national origin of a U.S. person.
Implementation of letters of credit containing prohibited boycott terms or conditions.
Taking actions with the intent to evade part 760 of the EAR.

Reporting requirements

What must be reported

The antiboycott provisions of the EAR require U.S. persons to report requests they have received to take certain actions to comply with, further, or support an unsanctioned foreign boycott.

How to report

Section 760.5 of the EAR requires U.S. persons to report their receipt of boycott requests. Reports may be filed electronically or by mail on form BIS 621-P for single transactions or on form BIS 6051P for multiple transactions involving boycott requests received in the same calendar quarter. U.S. persons located in the U.S. must postmark or electronically date stamp their reports by the last day of the month following the calendar quarter in which the underlying request was received.

Requester List

Requester List (PDF)

Requester List (CSV)

This list is provided to assist U.S. persons to fulfill the reporting requirements of the antiboycott regulations by raising awareness regarding certain sources of boycott-related requests. Each entity on this list has been reported by a U.S. person to BIS on a boycott request report form, as required by section 760.5 of the EAR, as having made a boycott-related request in connection with a transaction in the interstate or foreign commerce of the United States. The list is not exhaustive and will be updated quarterly. If you believe that you have been listed in error or would like to discuss the listing, please contact OAC. U.S. persons are encouraged to diligently review transaction documents from all sources, but especially transaction documents with or involving these parties, to identify possible boycott-related language and to determine whether they have a reporting requirement to BIS pursuant to part 760 of the EAR.

Penalties

Violations of the Anti-Boycott Act of 2018, 50 USC §§ 4841-4843, a subtitle of the Export Control Reform Act of 2018 (ECRA), 50 USC §§ 4801-4852, may subject U.S. persons to administrative or criminal penalties. Part 760 of the Export Administration Regulations, 15 CFR parts 730-774 (EAR), implements the provisions of the Anti-Boycott Act of 2018. Additionally, U.S. persons may be subject to enforcement action should they violate the recordkeeping requirements set forth in part 762 of the EAR.

Administrative

In the case of administrative antiboycott violations (relating to part 760 of the EAR or part 762 of the EAR), BIS may impose one or more of the following penalties:

A maximum civil monetary penalty per violation in the amount of the greater of $300,000 or twice the value of the underlying transaction, as appropriate;
Denial of export privileges; and/or
Revocation of any BIS export licenses.

The civil monetary penalty figure is adjusted annually for inflation. As of January 15, 2025, the maximum civil monetary penalty is $374,474 per violation, or twice the value of the transaction, whichever is greater.

Criminal

The U.S. Government may impose a criminal penalty of up to $1 million on individuals or companies for a criminal violation of the Anti-Boycott Act of 2018. Individuals may additionally (or alternatively) face up to 20 years of imprisonment.

Review Alleged Antiboycott Violations.

Voluntary Self-Disclosures

U.S. persons may voluntarily disclose violations of the antiboycott provisions set forth in part 760 of the EAR and/or the recordkeeping requirements set forth in part 762 of the EAR in accordance with the procedures specified in Section 764.8 of the EAR. If you believe that you may have violated these provisions, BIS urges you to file a voluntary self-disclosure (VSD). Filers should ensure that they comply with the requirements of Section 764.8 regarding the timing of filing, the contents of the initial notification of a VSD, the subsequent narrative account of the violation(s), and certification of any representations made in connection with the VSD.

After receipt of the disclosure and any required supporting documentation, and thorough review and investigation, BIS will inform the party of any action it intends to take.

Voluntary self-disclosures of antiboycott violations (part 760 violations or related part 762 recordkeeping violations) must be submitted to:

Office of Antiboycott Compliance
1401 Constitution Avenue, NW
Room 6098 Washington, DC 20230
Tel: (202) 482-2381

Penalty guidelines

Supplement 2 to part 766 of the EAR describes how OAC responds to violations of part 760 and of part 762. See Penalty Determinations in Settlement of Administrative Enforcement Cases Involving Antiboycott Matters. The penalty guidelines in this supplement specify the criteria that BIS applies in determining whether to pursue an enforcement action and what penalties are appropriate in the settlement of a matter involving violations of part 760 and/or part 762.

As indicated in Supplement 2, BIS encourages VSDs by giving the disclosing party “great weight” mitigation in the assessment of penalties.

Administrative Case Review Board

The ACRB is an internal body that advises the Assistant Secretary for Export Enforcement at important stages of administrative antiboycott cases (in particular, charging and settlement recommendations). Its membership includes Export Enforcement (EE) officials, the OAC Director, and the Chief Counsel for Industry and Security. In both the antiboycott and export controls context, a primary goal of the ACRB is to help promote administrative and legal best practices in EE enforcement policy and to ensure that all positions taken by EE in administrative enforcement cases are fair, consistent, and align with overall BIS program and enforcement goals.

Where to get more information

U.S. Department of Commerce
BIS/Office of Antiboycott Compliance
1401 Constitution Avenue, NW
Room 6098
Washington, DC 20230
Antiboycott Advice Line:
Phone: (202) 482-2381
or by Email