EAR - Export Administration Regulations
Part 760: Restrictive trade practices or boycotts – EAR - Export Administration Regulations

EAR - Export Administration Regulations 760.2(a): 760.2(a) Refusals to do business

No U.S. person may refuse, knowingly agree to refuse, require another to refuse or knowingly agree to require another to refuse to do business with or in a boycotted country, its business concerns, nationals or residents, or any other person, pursuant to an agreement with, requirement of or request from or on behalf of a boycotting country. Refusals include boycott-based selection of one person over another, carrying out another's selection known to be boycott-based, refusals implied by a course of conduct, declining opportunities, and use of blacklists or whitelists; general agreements to comply with local law or assume risk of non-delivery are not by themselves refusals (subject to evasion rules); pre-award services customary for the firm are permitted if not boycott-based, but post-award actions carrying out a client's known boycott-based choice are refusals (subject to 760.3(d)). The prohibition applies only to a U.S. person's activities in U.S. interstate or foreign commerce and only when taken with intent to comply with, further or support an unsanctioned foreign boycott (a boycott being at least one reason for the action).

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