1194. I am a U.S. company with a subsidiary located in a third country (other than Russia). My third-country subsidiary has an employee or contractor located in Russia. Can I provide that employee or contractor located in Russia with the services prohibited by the Information Technology (IT) and Software Services Determination under the exclusion "(1) any service to an entity located in the Russian Federation that is owned or controlled, directly or indirectly, by a U.S. person"?

No. The scope of the exclusion applies only to U.S.-owned or controlled entities located in Russia and their employees and contractors acting within the scope of their employment. See FAQ 1193. A U.S. person may not provide a service prohibited by the IT and Software Services Determination to a person located in Russia who is working as an employee or contractor on behalf of a third-country company. OFAC may issue specific licenses on a case-by-case basis. To apply for a specific license, please go to our Licensing Application Page.

For additional information on the IT and Software Services Determination, see FAQs 1184 - 1188, and FAQ 1192.