15 C.F.R. PART 744—CONTROL POLICY: END-USER AND END-USE BASED
Title 15 - Commerce and Foreign Trade
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; Sec. 901–911, Pub. L. 106–387; Sec. 221, Pub. L. 107–56; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 12947, 60 FR 5079, 3 CFR, 1995 Comp., p. 356; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 786; Notice of November 4, 2004, 69 FR 64637, 3 CFR, 2004 Comp., p. 303; Notice of August 2, 2005, 70 FR 45273 (August 5, 2005).
Source: 61 FR 12802, Mar. 25, 1996, unless otherwise noted.
(a)(1) Introduction. In this part, references to the EAR are references to 15 CFR chapter VII, subchapter C. This part contains prohibitions against exports, reexports, and selected transfers to certain end-users and end-uses as introduced under General Prohibition Five (End-use/End-users) and Nine (Orders, Terms, and Conditions), unless authorized by BIS. Sections 744.2, 744.3, 744.4 and 744.5 prohibit exports and reexports of items subject to the EAR to defined nuclear, missile, chemical and biological activities and nuclear maritime end-uses. Section 744.6 prohibits certain activities by U.S. persons in support of certain nuclear, missile, chemical, or biological end-uses regardless of whether that support involves the export or reexport of items subject to the EAR. Sections 744.7 and 744.8 prohibit exports and reexports of certain items for certain aircraft and vessels. Section 744.9 prohibits U.S. persons from providing technical assistance to certain foreign persons seeking to develop or manufacture certain encryption commodities or software. Section 744.10 prohibits exports and reexports of any item subject to the EAR to Russian entities, included in Supplement No. 4 of this part. Sections 744.12, 744.13 and 744.14 prohibit exports and reexports of any item subject to the EAR to persons designated as Specially Designated Global Terrorists, Specially Designated Terrorists, or Foreign Terrorist Organizations, respectively. Section 744.19 sets forth BIS's licensing policy for applications for exports or reexports when a party to the transaction is an entity that has been sanctioned pursuant to any of three specified statutes that require certain license applications to be denied. Section 744.20 requires a license, to the extent specified in Supplement No. 4 to this part, for exports and reexports of items subject to the EAR destined to certain sanctioned entities listed in Supplement No. 4 to this part. Section 744.15 describes restrictions on exports and reexports to persons named in general orders. In addition, these sections include license review standards for export license applications submitted as required by these sections. It should also be noted that part 764 of the EAR prohibits exports, reexports and certain in-country transfers of items subject to the EAR to denied parties. (2) If controls set forth under more than one section of part 744 apply to a person, the license requirements for such a person will be determined based on the requirements of all applicable sections of part 744, and license applications will be reviewed under all applicable licensing policies. (b) Steps. The following are steps you should follow in using the provisions of this part: (1) Review end-use and end-user prohibitions. First, review each end-use and end-user prohibition described in this part to learn the scope of these prohibitions. (2) Determine applicability. Second, determine whether any of the end-use and end-user prohibitions described in this part are applicable to your planned export, reexport, or other activity. See Supplement No. 1 to part 732 for guidance. (c) A list of entities is included in Supplement No. 4 to this part 744 of the EAR (Entity List). The public is hereby informed that these entities are ineligible to receive any items subject to the EAR without a license to the extent specified in the supplement. No License Exceptions are available for exports and reexports to listed entities of specified items, except License Exceptions for items listed in §740.2(a)(5) of the EAR destined to listed Indian or Pakistani entities to ensure the safety of civil aviation and safe operation of commercial passenger aircraft, and in the case of entities added to the Entity List pursuant to §744.20, to the extent specified on the Entity List. [61 FR 12802, Mar. 25, 1996, as amended at 62 FR 51370, Oct. 1, 1997; 63 FR 64324, Nov. 19, 1998; 66 FR 50091, Oct. 1, 2001; 68 FR 34194, June 6, 2003; 69 FR 56694, Sept. 22, 2004; 69 FR 65369, Nov. 12, 2004; 70 FR 10867, Mar. 7, 2005] (a) General prohibition. In addition to the license requirements for items specified on the CCL, you may not export or reexport to any destination, other than countries in the Supplement No. 3 to this part, any item subject to the EAR without a license if at the time of the export or reexport you know1 1 Part 772 of the EAR defines “knowledge” for all of the EAR except part 760, Restrictive Trade Practices and Boycotts. The definition, which includes variants such as “know” and “reason to know”, encompasses more than positive knowledge. Thus, the use of “know” in this section in place of the former wording “know or have reason to know” does not lessen or otherwise change the responsibilities of persons subject to the EAR. (1) Nuclear explosive activities. Nuclear explosive activities, including research on or development, design, manufacture, construction, testing or maintenance of any nuclear explosive device, or components or subsystems of such a device.2,3 2 Nuclear explosive devices and any article, material, equipment, or device specifically designed or specially modified for use in the design, development, or fabrication of nuclear weapons or nuclear explosive devices are subject to export licensing or other requirements of the Directorate of Defense Trade Controls, U.S. Department of State, or the licensing or other restrictions specified in the Atomic Energy Act of 1954, as amended. Similarly, items specifically designed or specifically modified for use in devising, carrying out, or evaluating nuclear weapons tests or nuclear explosions (except such items as are in normal commercial use for other purposes) are subject to the same requirements. 3 Also see §§744.5 and 748.4 of the EAR for special provisions relating to technical data for maritime nuclear propulsion plants and other commodities. (2) Unsafeguarded nuclear activities. Activities including research on, or development, design, manufacture, construction, operation, or maintenance of any nuclear reactor, critical facility, facility for the fabrication of nuclear fuel, facility for the conversion of nuclear material from one chemical form to another, or separate storage installation, where there is no obligation to accept International Atomic Energy Agency (IAEA) safeguards at the relevant facility or installation when it contains any source or special fissionable material (regardless of whether or not it contains such material at the time of export), or where any such obligation is not met. (3) Safeguarded and unsafeguarded nuclear activities. Safeguarded and unsafeguarded nuclear fuel cycle activities, including research on or development, design, manufacture, construction, operation or maintenance of any of the following facilities, or components for such facilities:4 4 Such activities may also require a specific authorization from the Secretary of Energy pursuant to §57.b.(2) of the Atomic Energy Act of 1954, as amended, as implemented by the Department of Energy's regulations published in 10 CFR 810. (i) Facilities for the chemical processing of irradiated special nuclear or source material; (ii) Facilities for the production of heavy water; (iii) Facilities for the separation of isotopes of source and special nuclear material; or (iv) Facilities for the fabrication of nuclear reactor fuel containing plutonium. (b) Additional prohibition on exporters or reexporters informed by BIS. BIS may inform an exporter or reexporter, either individually by specific notice or through amendment to the EAR, that a license is required for export or reexport of specified items to specified end-users, because BIS has determined that there is an unacceptable risk of use in, or diversion to, any of the activities described in paragraph (a) of this section. Specific notice is to be given only by, or at the direction of, the Deputy Assistant Secretary for Export Administration. When such notice is provided orally, it will be followed by a written notice within two working days signed by the Deputy Assistant Secretary for Export Administration. The absence of any such notification does not excuse the exporter or reexporter from compliance with the license requirements of paragraph (a) of this section. (c) Exceptions. Despite the prohibitions described in paragraphs (a) and (b) of this section, you may export technology subject to the EAR under the operation technology and software or sales technology and software provisions of License Exception TSU (see §740.13(a) and (b)), but only to and for use in countries listed in Supplement No. 3 to Part 744 of the EAR (Countries Not Subject to Certain Nuclear End-Use Restrictions in §744.2(a)). Notwithstanding the provisions of Part 740 of the EAR, the provisions of §740.13(a) and (b) will only overcome General Prohibition Five for countries listed in Supplement No. 3 to Part 744 of the EAR. (d) License review standards. The following factors are among those used by the United States to determine whether to grant or deny license applications required under this section: (1) Whether the commodities, software, or technology to be transferred are appropriate for the stated end-use and whether that stated end-use is appropriate for the end-user; (2) The significance for nuclear purposes of the particular commodity, software, or technology; (3) Whether the commodities, software, or technology to be exported are to be used in research on or for the development, design, manufacture, construction, operation, or maintenance of any reprocessing or enrichment facility; (4) The types of assurances or guarantees given against use for nuclear explosive purposes or proliferation in the particular case; (5) Whether the end-user has been engaged in clandestine or illegal procurement activities; (6) Whether an application for a license to export to the end-user has previously been denied, or whether the end-use has previously diverted items received under a license, License Exception, or NLR to unauthorized activities; (7) Whether the export would present an unacceptable risk of diversion to a nuclear explosive activity or unsafeguarded nuclear fuel-cycle activity described in §744.2 of this part; and (8) The nonproliferation credentials of the importing country, based on consideration of the following factors: (i) Whether the importing country is a party to the Nuclear Non-Proliferation Treaty (NPT) or to the Treaty for the Prohibition of Nuclear Weapons in Latin America (Treaty of Tlatelolco) (see Supplement No. 2 to part 742 of the EAR), or to a similar international legally-binding nuclear nonproliferation agreement; (ii) Whether the importing country has all of its nuclear activities, facilities or installations that are operational, being designed, or under construction, under International Atomic Energy Agency (IAEA) safeguards or equivalent full scope safeguards; (iii) Whether there is an agreement for cooperation in the civil uses of atomic energy between the U.S. and the importing country; (iv) Whether the actions, statements, and policies of the government of the importing country are in support of nuclear nonproliferation and whether that government is in compliance with its international obligations in the field of nonproliferation; (v) The degree to which the government of the importing country cooperates in nonproliferation policy generally (e.g., willingness to consult on international nonproliferation issues); (vi) Intelligence data on the importing country's nuclear intentions and activities. [61 FR 12802, Mar. 25, 1996, as amended at 61 FR 64284, Dec. 4, 1996; 62 FR 25459, May 9, 1997; 67 FR 55598, Aug. 29, 2002] (a) General prohibition. In addition to the license requirements for items specified on the CCL, you may not export, reexport, or transfer (in-country) an item subject to the EAR, without a license if at the time of the export, reexport or transfer you know the item: (1) Will be used in the design, development, production or use of rocket systems or unmanned air vehicles capable of a range of at least 300 kilometers in or by a country listed in Country Group D:4 of Supplement No. 1 to part 740 of the EAR. (2) Will be used, anywhere in the world except by governmental programs for nuclear weapons delivery of NPT Nuclear Weapons States that are also member of NATO, in the design, development, production or use of rocket systems or unmanned air vehicles, regardless of range capabilities, for the delivery of chemical, biological, or nuclear weapons; or (3) Will be used in the design, development, production or use of any rocket systems or unmanned air vehicles in or by a country listed in Country Group D:4, but you are unable to determine: (i) The characteristics (i.e., range capabilities) of the rocket systems or unmanned air vehicles, or (ii) Whether the rocket systems or unmanned air vehicles, regardless of range capabilities, will be used in a manner prohibited under paragraph (a)(2) of this section. Note to paragraph (b) Additional prohibition. BIS may inform, either individually, by specific notice, or generally through amendment to the EAR, that a license is required for a specific export, reexport or transfer of specified items to a certain end-user, anywhere in the world, because there is an unacceptable risk of use in or diversion to activities described in paragraphs (a)(1) or (a)(2) of this section. Specific notice is to be given only by, or at the direction of, the Deputy Assistant Secretary for Export Administration. When such notice is provided orally, it will be followed by a written notice within two working days signed by the Deputy Assistant Secretary for Export Administration. However, the absence of any such notification does not excuse non-compliance with the license requirements of paragraphs (a)(1), (a)(2), or (a)(3) of this section. (c) Exceptions. No License Exceptions apply to the prohibitions described in paragraph (a) and (b) of this section. (d) License Review Standards. (1) Applications to export, reexport or transfer the items subject to this section will be considered on a case-by-case basis to determine whether the export, reexport or transfer would make a material contribution to the proliferation of certain rocket systems, or unmanned air vehicles. When an export, reexport or transfer is deemed to make a material contribution, the license will be denied. (2) The following factors are among those that will be considered to determine what action should be taken on an application required by this section: (i) The specific nature of the end use; (ii) The significance of the export, reexport or transfer in terms of its contribution to the design, development, production or use of certain rocket systems or unmanned air vehicles; (iii) The capabilities and objectives of the rocket systems or unmanned air vehicles of the recipient country; (iv) The nonproliferation credentials of the importing country; (v) The types of assurances or guarantees against design, development, production, or use for certain rocket system or unmanned air vehicle delivery purposes that are given in a particular case; and (vi) The existence of a pre-existing contract. [61 FR 12802, Mar. 25, 1996, as amended at 62 FR 25459, May 9, 1997; 69 FR 64659, Nov. 8, 2004; 70 FR 11861, Mar. 10, 2005] (a) General prohibition. In addition to the license requirements for items specified on the CCL, you may not export, reexport, or transfer (in-country) an item subject to the EAR without a license if, at the time of export, reexport, or transfer you know that the item will be used in the design, development, production, stockpiling, or use of chemical or biological weapons in or by any country or destination, worldwide. (b) Additional prohibition on persons informed by BIS. BIS may inform persons, either individually by specific notice or through amendment to the EAR, that a license is required for a specific export, reexport, or transfer (in-country), or for the export, reexport, or transfer (in-country) of specified items to a certain end-user, because there is an unacceptable risk of use in or diversion to the activities specified in paragraph (a) of this section, anywhere in the world. Specific notice is to be given only by, or at the direction of, the Deputy Assistant Secretary for Export Administration. When such notice is provided orally, it will be followed by a written notice within two working days signed by the Deputy Assistant Secretary for Export Administration. However, the absence of any such notification does not excuse persons from compliance with the license requirements of paragraph (a) of this section. (c) Exceptions. No License Exceptions apply to the prohibitions described in paragraphs (a) and (b) of this section. (d) License review standards. (1) Applications to export, reexport, or transfer (in-country) items subject to this section will be considered on a case-by-case basis to determine whether the export, reexport, or transfer would make a material contribution to the design, development, production, stockpiling, or use of chemical or biological weapons. When an export, reexport, or transfer is deemed to make such a contribution, the license will be denied. (2) The following factors are among those that will be considered to determine what action should be taken on an application required under this section: (i) The specific nature of the end-use; (ii) The significance of the export, reexport, or transfer in terms of its contribution to the design, development, production, stockpiling, or use of chemical or biological weapons; (iii) The nonproliferation credentials of the importing country or the country in which the transfer would take place; (iv) The types of assurances or guarantees against the design, development, production, stockpiling, or use of chemical or biological weapons that are given in a particular case; and (v) The existence of a pre-existing contract. See Supplement No. 1 to Part 742 of the EAR for relevant contract sanctity dates. [61 FR 12802, Mar. 25, 1996, as amended at 62 FR 25459, May 9, 1997; 70 FR 16111, Mar. 30, 2005; 70 FR 19691, Apr. 14, 2005] (a) General prohibition. In addition to the license requirements for items specified on the CCL, you may not export or reexport certain technology subject to the EAR without a license if at the time of the export or reexport you know the item is for use in connection with a foreign maritime nuclear propulsion project. This prohibition applies to any technology relating to maritime nuclear propulsion plants, their land prototypes, and special facilities for their construction, support, or maintenance, including any machinery, devices, components, or equipment specifically developed or designed for use in such plants or facilities. (b) Exceptions. The exceptions provided in part 740 of the EAR do not apply to the prohibitions described in paragraph (a) of this section. (c) License review standards. It is the policy of the United States Government not to participate in and not to authorize United States firms or individuals to participate in foreign naval nuclear propulsion plant projects, except under an Agreement for Cooperation on naval nuclear propulsion executed in accordance with §123(d) of the Atomic Energy Act of 1954. However, it is the policy of the United States Government to encourage United States firms and individuals to participate in maritime (civil) nuclear propulsion plant projects in friendly foreign countries provided that United States naval nuclear propulsion information is not disclosed. [61 FR 12802, Mar. 25, 1996, as amended at 62 FR 25459, May 9, 1997] (a) General prohibitions—(1) Activities related to exports. (i) No U.S. person as defined in paragraph (c) of this section may, without a license from BIS, export, reexport, or transfer to or in any country any item where that person knows that such items: (A) Will be used in the design, development, production, or use of nuclear explosive devices in or by a country listed in Country Group D:2 (see Supplement No. 1 to part 740 of the EAR). (B) Will be used in the design, development, production, or use of missiles in or by a country listed in Country Group D:4 (see Supplement No. 1 to part 740 of the EAR); or (C) Will be used in the design, development, production, stockpiling, or use of chemical or biological weapons in or by any country or destination, worldwide. (ii) No U.S. person shall, without a license from BIS, knowingly support an export, reexport, or transfer that does not have a license as required by this section. Support means any action, including financing, transportation, and freight forwarding, by which a person facilitates an export, reexport, or transfer without being the actual exporter or reexporter. (2) Other activities unrelated to exports. No U.S. person shall, without a license from BIS: (i) Perform any contract, service, or employment that the U.S. person knows will directly assist in the design, development, production, or use of missiles in or by a country listed in Country Group D:4 (see Supplement No. 1 to part 740 of the EAR); or (ii) Perform any contract, service, or employment that the U.S. person knows will directly assist in the design, development, production, stockpiling, or use of chemical or biological weapons in or by any country or destination, worldwide. (3) Whole plant requirement. No U.S. person shall, without a license from BIS, participate in the design, construction, export, or reexport of a whole plant to make chemical weapons precursors identified in ECCN 1C350, in countries other than those listed in Country Group A:3 (Australia Group) (See Supplement No. 1 to part 740 of the EAR). (b) Additional prohibitions on U.S. persons informed by BIS. BIS may inform U.S. persons, either individually or through amendment to the EAR, that a license is required because an activity could involve the types of participation and support described in paragraph (a) of this section anywhere in the world. Specific notice is to be given only by, or at the direction of, the Deputy Assistant Secretary for Export Administration. When such notice is provided orally, it will be followed by a written notice within two working days signed by the Deputy Assistant Secretary for Export Administration. However, the absence of any such notification does not excuse the exporter from compliance with the license requirements of paragraph (a) of this section. (c) Definition of U.S. person. For purposes of this section, the term U.S. person includes: (1) Any individual who is a citizen of the United States, a permanent resident alien of the United States, or a protected individual as defined by 8 U.S.C. 1324b(a)(3); (2) Any juridical person organized under the laws of the United States or any jurisdiction within the United States, including foreign branches; and (3) Any person in the United States. (d) Exceptions. No License Exceptions apply to the prohibitions described in paragraphs (a) and (b) of this section. (e) License review standards. Applications to engage in activities otherwise prohibited by this section will be denied if the activities would make a material contribution to the design, development, production, stockpiling, or use of nuclear explosive devices, chemical or biological weapons, or of missiles. [61 FR 12802, Mar. 25, 1996, as amended at 62 FR 25459, May 9, 1997; 70 FR 19691, Apr. 14, 2005] (a) General end-use prohibition. In addition to the license requirements for items specified on the CCL, you may not export or reexport an item subject to the EAR to, or for the use of, a foreign vessel or aircraft, whether an operating vessel or aircraft or one under construction, located in any port including a Canadian port, unless a License Exception or NLR permits the shipment to be made: (1) To the country in which the vessel or aircraft is located, and (2) To the country in which the vessel or aircraft is registered, or will be registered in the case of a vessel or aircraft under construction, and (3) To the country, including a national thereof, which is currently controlling, leasing, or chartering the vessel or aircraft. (b) Exception for U.S. and Canadian carriers. (1) Notwithstanding the general end-use prohibition in paragraph (a) of this section, export and reexport may be made of the commodities described in paragraph (b)(3) of this section, for use by or on a specific vessel or plane of U.S. or Canadian registry located at any seaport or airport outside the United States or Canada except a port in Country Group D:1 (excluding the PRC), (see Supplement No. 1 to part 740) provided that such commodities are6 6 Where a license is required, see §§748.2 and 748.4(g) of the EAR. (i) Ordered by the person in command or the owner or agent of the vessel or plane to which they are consigned; (ii) Intended to be used or consumed on board such vessel or plane and necessary for its proper operation; (iii) In usual and reasonable kinds and quantities during times of extreme need, except that usual and reasonable quantities of ship's bunkers or aviation fuel are considered to be only that quantity necessary for a single onward voyage or flight; and (iv) Shipped as cargo for which a Shipper's Export Declaration (SED) or Automated Export System (AES) record is filed in accordance with the requirements of the Foreign Trade Statistics Regulations (15 CFR part 30), except that an SED or AES record is not required when any of the commodities, other than fuel, is exported by U.S. airlines to their own aircraft abroad for their own use. (2) Exports to U.S. or Canadian Airline's Installation or Agent. Exports and reexports of the commodities described in paragraph (e) of this section, except fuel, may be made to a U.S. or Canadian airline's installation or agent in any foreign destination except Country Group D:1 (excluding the PRC), (see Supplement No. 1 to part 740) provided such commodities are all of the following: (i) Ordered by a U.S. or Canadian airline and consigned to its own installation or agent abroad; (ii) Intended for maintenance, repair, or operation of aircraft registered in either the United States or Canada, and necessary for the aircraft's proper operation, except where such aircraft is located in, or owned, operated or controlled by, or leased or chartered to, Country Group D:1 (excluding the PRC) (see Supplement No. 1 to part 740) or a national of such country; (iii) In usual and reasonable kinds and quantities; and (iv) Shipped as cargo for which a Shipper's Export Declaration (SED) or Automated Export System (AES) record is filed in accordance with the requirements of the Foreign Trade Statistics Regulations (15 CFR part 30), except that an SED or AES record is not required when any of these commodities is exported by U.S. airlines to their own installations and agents abroad for use in their aircraft operations. (3) Applicable commodities. This §744.7 applies to the commodities listed subject to the provisions in paragraph (b) of this section: (i) Fuel, except crude petroleum and blends of unrefined crude petroleum with petroleum products, which is of non-Naval Petroleum Reserves origin or derivation (refer to short supply controls in part 754 of the EAR); (ii) Deck, engine, and steward department stores, provisions, and supplies for both port and voyage requirements, except crude petroleum, provided that any commodities which are listed in Supplement No. 2 to part 754 of the EAR are of non-Naval Petroleum Reserves origin or derivation (refer to short supply controls in part 754 of the EAR); (iii) Medical and surgical supplies; (iv) Food stores; (v) Slop chest articles; (vi) Saloon stores or supplies; and (vii) Equipment and spare parts. [61 FR 12802, Mar. 25, 1996, as amended at 65 FR 38160, June 19, 2000; 68 FR 50472, Aug. 21, 2003; 70 FR 67348, Nov. 7, 2005] (a) General prohibition. No U.S. person may, without authorization from BIS, provide technical assistance (including training) to foreign persons with the intent to aid a foreign person in the development or manufacture outside the United States of encryption commodities and software that, if of United States origin, would be controlled for EI reasons under ECCN 5A002 or 5D002. Technical assistance may be exported and reexported immediately to nationals of the countries listed in Supplement 3 to part 740 of the EAR (except for technical assistance to government end-users for cryptanalytic items), provided that the exporter has submitted to BIS a completed encryption review request by the time of export (as described in §740.17(a)(3) of the EAR, for technical assistance not otherwise authorized under §740.17(a)(1) of the EAR). Note that this prohibition does not apply if the U.S. person providing the assistance has a license or is otherwise entitled to export the encryption commodities and software in question to the foreign person(s) receiving the assistance. Note in addition that the mere teaching or discussion of information about cryptography, including, for example, in an academic setting or in the work of groups or bodies engaged in standards development, by itself would not establish the intent described in this section, even where foreign persons are present. (b) Definition of U.S. person. For purposes of this section, the term U.S. person includes: (1) Any individual who is a citizen or permanent resident alien of the United States; (2) Any juridical person organized under the laws of the United States or any jurisdiction within the United States, including foreign branches; and (3) Any person in the United States. (c) License review standards. Applications involving activities described in this section will be reviewed on a case-by-case basis to determine whether the activity is consistent with U.S. national security and foreign policy interests. [61 FR 68584, Dec. 30, 1996, as amended at 65 FR 62609, Oct. 19, 2000; 69 FR 71364, Dec. 9, 2004] (a) General prohibition. Certain entities in Russia are included in Supplement No. 4 to this part 744 (Entity List). (See also §744.1(c) of the EAR.) Exporters are hereby informed that these entities are ineligible to receive any items subject to the EAR without a license. (b) Exceptions. No License Exceptions apply to the prohibition described in paragraph (a) of this section. (c) License review standards. Applications to export or reexport items subject to the EAR to these entities will be reviewed with a presumption of denial. [64 FR 14605, Mar. 26, 1999] BIS maintains restrictions on exports and reexports to persons designated in or pursuant to Executive Order 13224 of September 23, 2001 (Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism). These persons include individuals and entities listed in the Annex to Executive Order 13224, as well as persons subsequently designated by the Secretary of State or Secretary of the Treasury pursuant to criteria set forth in the Order. Pursuant to Executive Order 13224, the Department of the Treasury's Office of Foreign Assets Control (OFAC) maintains 31 CFR part 594, the Global Terrorism Sanctions Regulations. OFAC announces the names of persons designated pursuant to Executive Order 13224 in the (a) License requirement(s). (1) A license requirement applies to the export or reexport to an SDGT of any item subject to the EAR. (2) To avoid duplication, U.S. persons are not required to seek separate authorization for an export or reexport to an SDGT of an item subject to both the EAR and OFAC's regulatory authority pursuant to Executive Order 13224. Therefore, if OFAC authorizes an export from the United States or an export or reexport by a U.S. person to an SDGT, no separate authorization from BIS is necessary. (3) U.S. persons must seek authorization from BIS for the export or reexport to an SDGT of any item subject to the EAR that is not subject to OFAC's Global Terrorism Sanctions Regulations in 31 CFR part 594. (4) Non-U.S. persons must seek authorization from BIS for any export from abroad or reexport to an SDGT of any item subject to the EAR. (5) Any export or reexport to an SDGT of any item subject to both the EAR and OFAC's regulatory authority pursuant to Executive Order 13224 and not authorized by OFAC is a violation of the EAR. (6) Any export or reexport by a U.S. person to an SDGT of any item subject to the EAR that is not subject to regulation by OFAC and not authorized by BIS is a violation of the EAR. Any export from abroad or reexport by a non-U.S. person to an SDGT of any item subject to the EAR and not authorized by BIS is a violation of the EAR. (7) These licensing requirements supplement any other requirements set forth elsewhere in the EAR. (b) Exceptions. No License Exceptions or other BIS authorization are available for any export or reexport to an SDGT of any item subject to the EAR. (c) Licensing policy. Applications for licenses for the export or reexport to an SDGT of any item subject to the EAR generally will be denied. You should consult with OFAC concerning transactions subject to OFAC licensing requirements. (d) Contract sanctity. Contract sanctity provisions are not available for license applications reviewed under this section. Note to §744.12: This section does not implement, construe, or limit the scope of any criminal statute, including (but not limited to) 18 U.S.C. 2339B(a)(1) and 2339A, and does not excuse any person from complying with any criminal statute, including (but not limited to) 18 U.S.C. 2339B(a)(1) and 18 U.S.C. 2339A. [68 FR 34194, June 6, 2003] Consistent with the purpose of Executive Order 12947 of January 23, 1995, BIS maintains restrictions on exports and reexports to Specially Designated Terrorists (SDTs). Executive Order 12947 prohibits transactions by U.S. persons with terrorists who threaten to disrupt the Middle East peace process. Pursuant to the Executive Order, the Department of the Treasury, Office of Foreign Assets Control (OFAC), maintains 31 CFR part 595, the Terrorism Sanctions Regulations. In Appendix A to 31 CFR Chapter V, pursuant to 31 CFR part 595, these Specially Designated Terrorists are identified by the bracketed suffix initials [SDT]. The requirements set forth below further the objectives of Executive Order 12947. (a) License requirement(s). (1) A license requirement applies to the export or reexport to an SDT of any item subject to the EAR. (2) To avoid duplication, U.S. persons are not required to seek separate authorization for an export or reexport to an SDT of an item subject both to the EAR and to OFAC's Terrorism Sanctions Regulations in 31 CFR part 595. Therefore, if OFAC authorizes an export or reexport of an item by a U.S. person to a SDT, no separate authorization from BIS is necessary. (3) U.S. persons must seek authorization from BIS for the export or reexport to an SDT of an item subject to the EAR but not subject to OFAC's Terrorism Sanctions Regulations in 31 CFR part 595. (4) Non-U.S. persons must seek authorization from BIS for the export from abroad or reexport to an SDT of any item subject to the EAR. (5) Any export or reexport to an SDT by a U.S. person of any item subject both to the EAR and OFAC's Terrorism Sanctions Regulations in 31 CFR part 595 and not authorized by OFAC is a violation of the EAR. (6) Any export or reexport by a U.S. person to an SDT of any item subject to the EAR that is not subject to OFAC's Terrorism Sanctions Regulations in 31 CFR part 595 and not authorized by BIS is a violation of the EAR. Any export from abroad or reexport by a non-U.S. person to an SDT of any item subject to the EAR and not authorized by BIS is a violation of the EAR. (7) These licensing requirements supplement any other requirements set forth elsewhere in the EAR. (b) Exceptions. No License Exceptions or other BIS authorization are available for export or reexport to an SDT of any item subject to the EAR. (c) Licensing policy. Applications for licenses for the export or reexport to an SDT of any item subject to the EAR generally will be denied. You should consult with OFAC concerning transactions subject to OFAC licensing requirements. (d) Contract sanctity. Contract sanctity provisions are not available for license applications reviewed under this section. Note to §744.13: This section does not implement, construe, or limit the scope of any criminal statute, including (but not limited to) 18 U.S.C. 2339B(a)(1) and 2339A, and does not excuse any person from complying with any criminal statute, including (but not limited to) 18 U.S.C. 2339B(a)(1) and 18 U.S.C. 2339A. [68 FR 34194, June 6, 2003] Consistent with the objectives of section 219 of the Immigration and Nationality Act, as amended (INA) (8 U.S.C. 1189), and section 303 of the Antiterrorism and Effective Death Penalty Act 1996, as amended (Anti-Terrorism Act) (18 U.S.C. 2339B) (Public Law 104–132. 110 Stat. 1214–1319), BIS maintains restrictions on exports and reexports to organizations designated as Foreign Terrorist Organizations (FTOs) pursuant to section 219 of the INA. The Department of the Treasury, Office of Foreign Assets Control, maintains 31 CFR part 597, the Foreign Terrorist Organizations Sanctions Regulations, requiring U.S. financial institutions to block all financial transactions involving assets of designated FTOs within the possession or control of such U.S. financial institutions. Section 303 of the Anti-Terrorism Act prohibits persons within the United States or subject to U.S. jurisdiction from knowingly providing material support or resources to a designated FTO and makes violations punishable by criminal penalties under title 18, United States Code. These designated FTOs are listed in Appendix A to 31 CFR Chapter V and identified by the bracketed initials [FTO]. A designation of a foreign organization determined to meet the criteria of section 219 of the INA takes effect upon publication in the (a) License requirement(s). (1) A license requirement applies to the export or reexport to an FTO of any item subject to the EAR. (2) U.S. persons must seek authorization from BIS for the export or reexport to an FTO of any item subject to the EAR. (3) Non-U.S. persons must seek authorization from BIS for the export from abroad or reexport to an FTO of any item subject to the EAR. (4) Any export or reexport to an FTO by any person of any item subject to the EAR and not authorized by BIS is a violation of the EAR. (5) These licensing requirements supplement any other requirements set forth elsewhere in the EAR. (b) Exceptions. No License Exceptions or other BIS authorization for items described by paragraph (a) of this section are available for exports or reexports to FTOs. (c) Licensing policy. Applications for exports and reexports to FTOs of all items identified by paragraph (a) of this section will generally be denied, to the extent they constitute material support or resources, as defined in 18 U.S.C. 2339A(b). (d) Contract sanctity. Contract sanctity provisions are not available for license applications reviewed under this section. (e) FTOs also designated as SDTs or SDGTs. In cases in which an FTO is also an SDT, as described in §744.13, or an SDGT, as described in §744.12, the license requirements and licensing policy set forth in §744.13 or §744.12 will apply. Note to §744.14: This section does not implement, construe, or limit the scope of any criminal statute, including (but not limited to) 18 U.S.C. 2339B(a)(1) and 2339A, and does not excuse any person from complying with any criminal statute, including (but not limited to) 18 U.S.C. 2339B(a)(1) and 18 U.S.C. 2339A. [68 FR 34195, June 6, 2003] Certain General Orders set forth in Supplement No. 1 to part 736 of the EAR require licenses for exports and reexports involving certain persons (individuals and other legal entities). The requirement to comply with General Orders is set forth in section 736.2(b)(9) of the EAR. [71 FR 32274, June 5, 2006] (a) General prohibition. In addition to the license requirements for anti-terrorism reasons set forth in part 742 of the EAR, you may not export or reexport commodities described in ECCN 3A991.a.1 on the CCL (“microprocessor microcircuits”, “microcomputer microcircuits”, and microcontroller microcircuits having a “composite theoretical performance” (“CTP”) of 6,500 million theoretical operations per second (MTOPS) or more and an arithmetic logic unit with an access width of 32 bit or more), without a license if, at the time of the export or reexport, you know, have reason to know, or are informed by BIS that the item will be or is intended to be used for a “military end-use,” as defined in paragraph (d) of this section, in Country Group D:1 (see Supplement No. 1 to part 740 of the EAR); or by a “military end-user,” as defined in paragraph (e) of this section, in Country Group D:1. This license requirement does not apply to exports or reexports of items for the official use by personnel and agencies of the U.S. Government or agencies of a cooperating government. See §740.11(b)(3) of the EAR for definitions of “agency of the U.S. Government” and “agency of a cooperating government”. (b) Additional prohibition on exporters or reexporters informed by BIS. BIS may inform an exporter or reexporter, either individually by specific notice or through amendment to the EAR, that a license is required for export or reexport of items described in ECCN 3A991.a.1 to specified end-users, because BIS has determined that there is an unacceptable risk of diversion to the uses or users described in paragraph (a) of this section. Specific notice is to be given only by, or at the direction of, the Deputy Assistant Secretary for Export Administration. When such notice is provided orally, it will be followed by a written notice within two working days signed by the Deputy Assistant Secretary for Export Administration. The absence of any such notification does not excuse the exporter or reexporter from compliance with the license requirements of paragraph (a) of this section. (c) License review standards. There is a presumption of denial for applications to export or reexport items subject to this section. (d) Military end-use. In this section, the phrase “military end-use” means incorporation into: a military item described on the U.S. Munitions List (USML) (22 CFR part 121, International Traffic in Arms Regulations) or the International Munitions List (IML) (as set out on the Wassenaar Arrangement website at http://www.wassenaar.org); commodities listed under ECCN's ending in “A018” on the Commerce Control List (CCL) in Supplement No. 1 to part 774 of the EAR; or any item that is designed for the “use”, “development”, “production”, or deployment of military items described on the USML, the IML, or commodities listed under ECCN's ending in “A018” on the CCL. Supplement No. 1 of this part lists examples of ‘military end-use.’ (e) Military end-user. In this section, the term “military end-user” means the national armed services (army, navy, marine, air force, or coast guard), as well as the national guard and national police, government intelligence or reconnaissance organizations, or any person or entity whose actions or functions are intended to support “military end-uses” as defined in paragraph (d) of this section. (f) Exceptions. No License Exceptions apply to the prohibitions described in paragraphs (a) and (b) of this section. [68 FR 1797, Jan. 14, 2003] Consistent with Executive Order (E.O.) 13315 of August 28, 2003 (“Blocking Property of the Former Iraqi Regime, Its Senior Officials and Their Family Members, and Taking Certain Other Actions”), BIS maintains restrictions on exports, reexports, and transfers to persons designated in or pursuant to E.O. 13315. These persons include individuals and entities listed in the Annex to Executive Order 13315, as well as persons subsequently designated pursuant to criteria set forth in the order. OFAC includes the names of persons designated pursuant to E.O. 13315 in Appendix A to 31 CFR Chapter V, which lists persons subject to various sanctions programs administered by OFAC. All persons designated in or pursuant to E.O. 13315 are identified in Appendix A by the bracketed initials [IRAQ2]. (a) License Requirements. (1) A license requirement applies to the export, reexport, or transfer of any item subject to the EAR to— (i) Persons listed in the Annex to E.O. 13315 of August 28, 2003; or (ii) Persons determined to be subject to E.O. 13315. (2) To avoid duplication, U.S. persons are not required to seek separate BIS authorization for an export, reexport, or transfer to a person identified in paragraph (a) of this section of any item subject to both the EAR and regulations maintained by OFAC. Therefore, if OFAC authorizes an export from the United States or an export, reexport, or transfer by a U.S. person to a person identified in paragraph (a) of this section, no separate authorization from BIS is necessary. (3) U.S. persons must seek authorization from BIS for the export, reexport, or transfer to a person identified in paragraph (a) of this section of any item subject to the EAR but not subject to regulations maintained by OFAC. (4) Non-U.S. persons must seek authorization from BIS for the export from abroad, reexport, or transfer to a person identified in paragraph (a) of this section of any item subject to the EAR. (5) Any export, reexport, or transfer to a person identified in paragraph (a) of this section by a U.S. person of any item subject both to the EAR and regulations maintained by OFAC and not authorized by OFAC is a violation of the EAR. (6) Any export, reexport, or transfer by a U.S. person to a person identified in paragraph (a) of this section of any item subject to the EAR that is not subject to regulations maintained by OFAC and not authorized by BIS is a violation of the EAR. Any export from abroad, reexport, or transfer by a non-U.S. person to a person identified in paragraph (a) of this section of any item subject to the EAR and not authorized by BIS is a violation of the EAR. (7) These licensing requirements supplement any other requirements set forth elsewhere in the EAR. (b) Exceptions. No License Exceptions or other BIS authorizations are available for export, reexport, or transfer to a person identified in paragraph (a) of this section of any item subject to the EAR. (c) Licensing policy. Applications for licenses for the export, reexport, or transfer to a person identified in paragraph (a) of this section of any item subject to the EAR will generally be denied. You should consult with OFAC concerning transactions subject to OFAC licensing requirements. (d) Contract sanctity. Contract sanctity provisions are not available for license applications reviewed under this section. [69 FR 46076, July 30, 2004] Notwithstanding any other licensing policy elsewhere in the EAR, BIS will deny any export or reexport license application if the applicant, other party authorized to receive a license, purchaser, intermediate consignee, ultimate consignee, or end-user is subject to one or more of the sanctions described in paragraphs (a), (b), and (c) of this section and will deny any export or reexport license application for an item listed on the Commerce Control List with a reason for control of MT if such party is subject to a sanction described in paragraph (d) of this section. (a) A sanction issued pursuant to the Iran-Iraq Arms Nonproliferation Act of 1992 (Public Law 102–484) that prohibits the issuance of any license to or by the sanctioned entity. (b) A sanction issued pursuant to the Iran Nonproliferation Act of 2000 (Public Law 106–178) that prohibits the granting of a license for the transfer to foreign entities of items, the export of which is controlled under the Export Administration Act of 1979 or the Export Administration Regulations. (c) A sanction issued pursuant to section 11B(b)(1)(B)(ii) of the Export Administration Act of 1979, as amended, and as carried out by Executive Order 13222 of August 17, 2001, that prohibits the issuance of new licenses for exports to the sanctioned entity of items controlled pursuant to the Export Administration Act of 1979. (d) A sanction issued pursuant to section11B(b)(1)(B)(i) of the Export Administration Act of 1979, as amended (Missile Technology Control Act of 1990), and as carried out by an Executive Order 13222 of August 17, 2001, that prohibits the issuance of new licenses for exports to the sanctioned entity of MTCR Annex equipment or technology controlled pursuant to the Export Administration Act of 1979. [70 FR 10867, Mar. 7, 2005, as amended at 71 FR 14099, Mar. 21, 2006] BIS may impose, as foreign policy controls, export and reexport license requirements and set licensing policy with respect to certain entities that have been sanctioned by the State Department. Such license requirements and policy are in addition to those imposed elsewhere in the EAR. License requirements and licensing policy may be imposed pursuant to this section even when the sanction and the legal authority under which the State Department imposed the sanction do not require or authorize the imposition of any license requirement or licensing policy. License requirements and licensing policy will be imposed pursuant to this section by adding an entity to the Entity List in accordance with paragraphs (a), (b), and (c) of this section. (a) General requirement. Certain entities that have been sanctioned by the State Department are listed in Supplement No. 4 to this part (the Entity List) with a reference to this section. A license is required, to the extent specified on the Entity List, to export or reexport any item to such entities. (b) License exceptions. No license exception may be used to export or reexport to such entities unless specifically authorized on the Entity List. (c) Licensing policy. Applications to export or reexport to such entities will be reviewed according to the licensing policy set forth on the Entity List. [70 FR 10867, Mar. 7, 2005] (a) Examples of military end-uses (as described in §744.17 (d) of this part) of general-purpose microprocessors classified as ECCN 3A991.a.1 includes employing such microprocessors in the “use”, “development”, “production”, or deployment of: (1) Cruise missiles; (2) Electronic suites of military aircraft and helicopters; (3) Radar for searching, targeting, or tracking systems; (4) Command/control/communications or navigation systems; (5) Unmanned aerial vehicles capable of performing military reconnaissance, surveillance, or combat support; (6) Rocket or missile systems; (7) Electronic or information warfare systems; or (8) Intelligence, reconnaissance, or surveillance systems suitable for supporting military operations. (b) [Reserved] [68 FR 1797, Jan. 14, 2003] Australia Austria Belgium Canada Denmark Finland France Germany Greece Iceland Ireland Italy (includes San Marino and Holy See) Japan Luxembourg Netherlands New Zealand Norway Portugal Spain Sweden Turkey United Kingdom [61 FR 12802, Mar. 25, 1996, as amended at 62 FR 25459, May 9, 1997; 66 FR 18402, Apr. 9, 2001] [63 FR 64325, Nov. 19, 1998, as amended at 63 FR 65552, Nov. 27, 1998; 64 FR 14606, Mar. 26, 1999; 64 FR 28910, May 28, 1999; 65 FR 14446, Mar. 17, 2000; 65 FR 45843, July 26, 2000; 65 FR 60856, Oct. 13, 2000; 66 FR 24265, May 14, 2001; 66 FR 50091, Oct. 1, 2001; 66 FR 65836, Dec. 21, 2001; 69 FR 56694, Sept. 22, 2004; 69 FR 58049, Sept. 29, 2004; 69 FR 59303, Oct. 4, 2004; 69 FR 65540, Nov. 15, 2004; 70 FR 10867, Mar. 7, 2005; 70 FR 11861, Mar. 10, 2005; 70 FR 51252, Aug. 30, 2005; 70 FR 54628, Sept. 16, 2005]
Title 15: Commerce and Foreign Trade
PART 744—CONTROL POLICY: END-USER AND END-USE BASED
Section Contents
§ 744.1 General provisions.
§ 744.2 Restrictions on certain nuclear end-uses.
§ 744.3 Restrictions on Certain Rocket Systems (including ballistic missile systems and space launch vehicles and sounding rockets) and Unmanned Air Vehicles (including cruise missile systems, target drones and reconnaissance drones) End-Uses.
§ 744.4 Restrictions on certain chemical and biological weapons end-uses.
§ 744.5 Restrictions on certain maritime nuclear propulsion end-uses.
§ 744.6 Restrictions on certain activities of U.S. persons.
§ 744.7 Restrictions on certain exports to and for the use of certain foreign vessels or aircraft.
§ 744.8 [Reserved]
§ 744.9 Restrictions on technical assistance by U.S. persons with respect to encryption items.
§ 744.10 Restrictions on certain entities in Russia.
§ 744.11 [Reserved]
§ 744.12 Restrictions on exports and reexports to persons designated in or pursuant to Executive Order 13224 (Specially Designated Global Terrorist) (SDGT).
§ 744.13 Restrictions on exports and reexports to persons designated pursuant to Executive Order 12947 (Specially Designated Terrorist) (SDT).
§ 744.14 Restrictions on exports and reexports to designated Foreign Terrorist Organizations (FTOs).
§ 744.15 Restrictions on exports and reexports involving persons named in General Orders.
§ 744.16 [Reserved]
§ 744.17 Restrictions on certain exports and reexports of general purpose microprocessors for “military end-uses” and to “military end-users.”
§ 744.18 Restrictions on exports, reexports, and transfers to persons designated in or pursuant to Executive Order 13315.
§ 744.19 Licensing policy regarding persons sanctioned pursuant to specified statutes.
§ 744.20 License requirements that apply to certain sanctioned entities.
Supplement No. 1 to Part 744—Military End-Use Examples for §744.17
Supplement No. 2 to Part 744 [Reserved]
Supplement No. 3 to Part 744—Countries Not Subject to Certain Nuclear End-Use Restrictions in §744.2(a)
Supplement No. 4 to Part 744—Entity List
§ 744.1 General provisions.
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§ 744.2 Restrictions on certain nuclear end-uses.
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§ 744.3 Restrictions on Certain Rocket Systems (including ballistic missile systems and space launch vehicles and sounding rockets) and Unmanned Air Vehicles (including cruise missile systems, target drones and reconnaissance drones) End-Uses.
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§ 744.4 Restrictions on certain chemical and biological weapons end-uses.
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§ 744.5 Restrictions on certain maritime nuclear propulsion end-uses.
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§ 744.6 Restrictions on certain activities of U.S. persons.
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§ 744.7 Restrictions on certain exports to and for the use of certain foreign vessels or aircraft.
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§ 744.8 [Reserved]
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§ 744.9 Restrictions on technical assistance by U.S. persons with respect to encryption items.
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§ 744.10 Restrictions on certain entities in Russia.
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§ 744.11 [Reserved]
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§ 744.12 Restrictions on exports and reexports to persons designated in or pursuant to Executive Order 13224 (Specially Designated Global Terrorist) (SDGT).
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§ 744.13 Restrictions on exports and reexports to persons designated pursuant to Executive Order 12947 (Specially Designated Terrorist) (SDT).
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§ 744.14 Restrictions on exports and reexports to designated Foreign Terrorist Organizations (FTOs).
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§ 744.15 Restrictions on exports and reexports involving persons named in General Orders.
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§ 744.16 [Reserved]
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§ 744.17 Restrictions on certain exports and reexports of general purpose microprocessors for “military end-uses” and to “military end-users.”
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§ 744.18 Restrictions on exports, reexports, and transfers to persons designated in or pursuant to Executive Order 13315.
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§ 744.19 Licensing policy regarding persons sanctioned pursuant to specified statutes.
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§ 744.20 License requirements that apply to certain sanctioned entities.
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Supplement No. 1 to Part 744—Military End-Use Examples for §744.17
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Supplement No. 2 to Part 744 [Reserved]
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Supplement No. 3 to Part 744—Countries Not Subject to Certain Nuclear End-Use Restrictions in §744.2(a)
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Supplement No. 4 to Part 744—Entity List
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---------------------------------------------------------------------------------------------------------------- License License review Federal Register Country Entity requirement policy citation----------------------------------------------------------------------------------------------------------------This Supplement lists certain entities subject to license requirements for specified items under this part 744 of the EAR. License requirements for these entities includes exports and reexports, unless otherwise stated. This list of entities is revised and updated on a periodic basis in this Supplement by adding new or amended notifications and deleting notifications no longer in effect.----------------------------------------------------------------------------------------------------------------CHINA, PEOPLE'S REPUBLIC OF.... 13 Institute, China For all items See § 66 FR 24265, 05/ Academy of Launch subject to the 744.3(d) of this 14/01. Vehicle Technology, EAR. part. (CALT), aka 713 Institute or Beijing Institute of Control Devices. 33 Institute, aka For all items See § 66 FR 24266, 05/ Beijing Institute subject to the 744.3(d) of this 14/01. of Automatic EAR having a part. Control Equipment. classification other than EAR99 or a classification where the third through fifth digits of the ECCN are ``999'', e.g., XX999. 35 Institute, aka For all items See § 66 FR 24266, 05/ Beijing Huahang subject to the 744.3(d) of this 14/01. Radio Measurements EAR having a part. Research Institute. classification other than EAR99 or a classification where the third through fifth digits of the ECCN are ``999'', e.g., XX999. 54th Research For all items See § 66 FR 24266, 05/ Institute of China, subject to the 744.3(d) of this 14/01. aka Communication, EAR having a part. Telemetry and classification Telecontrol other than EAR99 Research Institute or a (CTI). classification where the third through fifth digits of the ECCN are ``999'', e.g., XX999. Baotou Guanghua For all items See § 66 FR 24266, 05/ Chemical Industrial subject to the 744.2(d) of this 14/01. Corporation, 202 EAR having a part. Factory Baotou, classification Inner Mongolia. other than EAR99. Beijing Aerospace For all items See § 744.3 64 FR 05/28/99. Automatic Control subject to the of this part. Institute, 51 Yong EAR having a Ding Road Beijing. classification other than EAR99. Beijing Institute of For all items See § 744.3 64 FR 05/28/99. Structure and subject to the of this part. Environmental EAR having a Engineering, classification a.k.a., Beijing other than EAR99. Institute of Strength and Environmental Engineering, No. 36 Wanyuan Road Beijing. Beijing Power For all items See § 66 FR 24266, 05/ Machinery Institute. subject to the 744.3(d) of this 14/01. EAR. part. Beijing University For all items See § 66 FR 24266 5/14/ of Aeronautics and subject to the 744.3(d) of this 01, 70 FR 54628, Astronautics EAR. part. 9/16/05 (BUAA), a.k.a. Beihang University. Chinese Academy of For all items Case-by-case basis 62 FR 35334, 6/30/ Engineering Physics subject to the 97 (aka Ninth Academy, EAR. 66 FR 24266, 05/ including the 14/01. Southwest Institutes of: Applied Electronics, Chemical Materials, Electronic Engineering, Explosives and Chemical Engineering, Environmental Testing, Fluid Physics, General Designing and Assembly, Machining Technology, Materials, Nuclear Physics and Chemistry (aka China Academy of Eng[ineering] Physics [CAEP]'s 902 Institute, Mianyang), Structural Mechanics; Research and Applications of Special Materials Factory; Southwest Computing Center (all of preceding located in or near Mianyang, Sichuan Province); Institute of Applied Physics and Computational Mathematics, Beijing; and High Power Laser Laboratory, Shanghai). China Aerodynamics For all items See § 744.3 64 FR 05/28/99. Research and subject to the of this part. Development Center EAR having a (CARDC) Sichuan classification Province. other than EAR99. First Department, For all items See § 66 FR 24266, 05/ China Academy of subject to the 744.3(d) of this 14/01. Launch Vehicle EAR. part. Technology, (CALT). Northwest Institute For all items See § 744.2 64 FR 05/28/99. of Nuclear subject to the of this part. Technology, in the EAR. Science Research, Xi'an, Shaanxi. Northwestern For all items See § 66 FR 24266, 05/ Polytechnical subject to the 744.3(d) of this 14/01. University. EAR having a part. classification other than EAR99 or a classification where the third through fifth digits of the ECCN are ``999'', e.g., XX999. Shanghai Academy of For all items See § 744.3 64 FR 05/28/99. Spaceflight subject to the of this part. Technology, EAR having a Shanghai, classification Spaceflight Tower other than EAR99. 222 Cao Xi Road Shanghai, 20023. Shanghai Institute For all items See § 744.3 64 FR 05/28/99. of Space Power- subject to the of this part. Sources, Shanghai, EAR having a 388 Cang Wu Rd classification Shanghai. other than EAR99. Southwest Research For all items See § 66 FR 24267, 05/ Institute of subject to the 744.3(d) of this 14/01. Electronics EAR having a part. Technology, Chengdu. classification other than EAR99 or a classification where the third through fifth digits of the ECCN are ``999'', e.g., XX999. Xian Research For all items See § 66 FR 24267, 05/ Institute of subject to the 744.3(d) of this 14/01. Navigation EAR having a part. Technology. classification other than EAR99. Xiangdong Machinery For all items See § 66 FR 24267, 05/ Factory. subject to the 744.3(d) of this 14/01. EAR. part.INDIA.......................... Bharat Dynamics For all items Case-by-case for 63 FR 64322, 11/ Limited. subject to the all items listed 19/98 EAR. on the CCL. 65 FR 14444, 03/ Presumption of 17/00 approval for 66 FR 50091, 10/ EAR99 items. 01/01 The following For all items Case-by-case for 63 FR 64322, 11/ subordinates of subject to the all items listed 19/98 Defense Research EAR. on the CCL. 65 FR 14444, 03/ and Development Presumption of 17/00 Organization (DRDO). approval for 66 FR 50091, 10/1/ Armament Research EAR99 items. 01 and Development Establishment (ARDE). Defense Research and Development Lab (DRDL), Hyderabad. Missile Research and Development Complex. Solid State Physics Laboratory. The following Indian For all items Case-by-case 63 FR 64322, 11/ Space Research subject to the review for all 19/98 Organization (ISRO) EAR having a items on the CCL. 65 FR 14444, 03/ subordinate classification 17/00 entities:. other than (1) 66 FR 50090, 10/ _Liquid Propulsion EAR99 or (2) a 01/01 Systems Center;. classification 69 FR 56694, 09/ _Solid Propellant where the third 22/04. Space Booster Plant through fifth (SPROB);. digits of the _Sriharikota Space ECCN are ``999'', Center (SHAR);. e.g. XX999. _Vikram Sarabhai Space Center (VSSC), Thiruvananthapuram. The following For all items Case-by-case for 63 FR 64322, 11/ Department of subject to the all items listed 19/98 Atomic Energy EAR. on the CCL. 65 FR 14444, 03/ entities:. Presumption of 17/00 _Bhabha Atomic approval for 66 FR 50090, 10/ Research Center EAR99 items. 01/01 (BARC);. 69 FR 56694, 09/ _Indira Gandhi 22/04. Atomic Research Center (IGCAR);. _Indian Rare Earths; _Nuclear reactors (including power plants) not under International Atomic Energy Agency (IAEA) safeguards, (excluding Kundankulam 1 and 2) fuel reprocessing and enrichment facilities, heavy water production facilities and their collocated ammonia plants.ISRAEL......................... Ben Gurion For computers Case-by-case basis 62 FR 4910, 2/3/ University, Israel. above the Tier 3 97 level described 65 FR 12919, 3/10/ in § 00. 742.12(b)(3)(i)(B ). Nuclear Research For all items Case-by-case basis 62 FR 35334, 6/30/ Center at Negev subject to the 97. Dimona, Israel. EAR.PAKISTAN....................... Abdul Qader Khan For all items Case-by-case for 63 FR 64322, 11/ Research subject to the all items listed 19/98 Laboratories, EAR. on the CCL. 65 FR 14444, 03/ a.k.a. Khan Presumption of 17/00 Research approval for 66 FR 50092, 10/1/ Laboratories (KRL), EAR99 items. 01 a.k.a. Engineering Research Laboratories (ERL), Kahuta. Al Technique For all items Case-by-case for 63 FR 64322, 11/ Corporation of subject to the all items listed 19/98 Pakistan, Ltd. EAR. on the CCL. 65 FR 14444, 03/ Presumption of 17/00 approval for 66 FR 50092, 10/1/ EAR99 items. 01 Allied Trading Co... For all items Case-by-case for 63 FR 64322, 11/ subject to the all items listed 19/98 EAR. on the CCL. 65 FR 14444, 03/ Presumption of 17/00 approval for 66 FR 50092, 10/1/ EAR99 items. 01 ANZ Importers and For all items Case-by-case for 63 FR 64322, 11/ Exporters, subject to the all items listed 19/98 Islamabad. EAR. on the CCL. 65 FR 14444, 03/ Presumption of 17/00 approval for 66 FR 50092, 10/1/ EAR99 items. 01 Defence Science and For all items Case-by-case for 63 FR 64322, 11/ Technology subject to the all items listed 19/98 Organization EAR. on the CCL. 65 FR 14444, 03/ (DESTO), Rawalpindi. Presumption of 17/00 approval for 66 FR 50092, 10/1/ EAR99 items. 01 High Technologies, For all items Case-by-case for 63 FR 64322, 11/ Ltd., Islamabad. subject to the all items listed 19/98 EAR. ion the CCL. 65 FR 14444, 03/ Presumption of 17/00 approval for 66 FR 50092, 10/1/ EAR99 items. 01 Karachi CBW Research For all items Case-by-case for 63 FR 64322, 11/ Institute, subject to the all items listed 19/98 University of EAR. on the CCL. 66 FR 50092, 10/1/ Karachi's Husein Presumption of 01 Ebrahim Jamal approval for Research Institute EAR99 items. of Chemistry (HEJRIC). Lastech Associates, For all items Case-by-case for 63 FR 64322, 11/ Islamabad. subject to the all items listed 19/98 EAR. on the CCL. 65 FR 14444, 03/ Presumption of 17/00 approval for 66 FR 50092, 10/1/ EAR99 items. 01 Machinery Master For all items Case-by-case for 63 FR 64322, 11/ Enterprises, subject to the all items listed 19/98 Islamabad. EAR. on the CCL. 65 FR 14444, 03/ Presumption of 17/00 approval for 66 FR 50092, 10/1/ EAR99 items. 01 Maple Engineering For all items Case-by-case for 63 FR 64322, 11/ Pvt. Ltd. subject to the all items listed 19/98 Consultants, EAR. on the CCL. 65 FR 14444, 03/ Importers and Presumption of 17/00 Exporters. approval for 66 FR 50092, 10/1/ EAR99 items. 01 Orient Importers and For all items Case-by-case for 63 FR 64322, 11/ Exporters, subject to the all items listed 19/98 Islamabad. EAR. on the CCL. 65 FR 14444, 03/ Presumption of 17/00 approval for 66 FR 50092, 10/1/ EAR99 items. 01 Pakistan Atomic For all items Case-by-case for 63 FR 64322, 11/ Energy Commission subject to the all items listed 19/98 (PAEC), and the EAR. on the CCL. 65 FR 14444, 03/ following Presumption of 17/00 subordinate approval for 66 FR 50093, 10/1/ entities. EAR99 items. 01 National Development Complex (NDC). Nuclear reactors (including power plants), fuel reprocessing and enrichment facilities, all uranium processing, conversion and enrichment facilities, heavy water production facilities and any collocated ammonia plants. Pakistan Institute for Nuclear Science and Technology (PINSTECH). People's Steel For all items Case-by-case for 63 FR 64322, 11/ Mills, Karachi. subject to the all items listed 19/98 EAR. on the CCL. 65 FR 14444, 03/ Presumption of 17/00 approval for 66 FR 50093, 10/1/ EAR99 items. 01 Prime International. For all items Case-by-case for 63 FR 64322, 11/ subject to the all items listed 19/98 EAR. on the CCL. 65 FR 14444, 03/ Presumption of 17/00 approval for 66 FR 50093, 10/1/ EAR99 items. 01 Space and Upper For all items Case-by-case for 63 FR 64322, 11/ Atmospheric subject to the all items listed 19/98 Research Commission EAR. on the CCL. 65 FR 14444, 03/ (SUPARCO). Presumption of 17/00 approval for 66 FR 50093, 10/1/ EAR99 items. 01 Technical Services, For all items Case-by-case for 63 FR 64322, 11/ Islamabad. subject to the all items listed 19/98 EAR. on the CCL. 65 FR 14444, 03/ Presumption of 17/00 approval for 66 FR 50093, 10/1/ EAR99 items. 01 The Tempest Trading For all items Case-by-case for 63 FR 64322, 11/ Company, Islamabad. subject to the all items listed 19/98 EAR. on the CCL. 65 FR 14444, 03/ Presumption of 17/00 approval for 66 FR 50093, 10/1/ EAR99 items. 01 Unique Technical For all items Case-by-case for 63 FR 64322, 11/ Promoters. subject to the all items listed 19/98 EAR. on the CCL. 65 FR 14444, 03/ Presumption of 17/00 approval for 66 FR 50093, 10/1/ EAR99 items. 01 Wah Chemical Product For all items Case-by-case for 63 FR 64322, 11/ Plant. subject to the all items listed 19/98 EAR. on the CCL. 66 FR 50093, 10/1/ Presumption of 01 approval for EAR99 items. Wah Munitions Plant, For all items Case-by-case for 63 FR 64322, 11/ a.k.a. Explosives subject to the all items listed 19/98 Factory, Pakistan EAR. on the CCL. 65 FR 14444, 03/ Ordnance Factories Presumption of 17/00 (POF). approval for 66 FR 50093, 10/1/ EAR99 items. 01RUSSIA......................... All-Russian For all items Case-by-case basis 62 FR 35334, 6/30/ Scientific Research subject to the 97 Institute of EAR. 66 FR 24267, 05/ Technical Physics, 14/01. (aka VNIITF, Chelyabinsk-70, All- Russian Research Institute of Technical Physics, ARITP, Russian Federal Nuclear Center) located in either Snezhinsk or Kremlev (Sarov). All-Union Scientific For all items Case-by-case basis 62 FR 35334, 6/30/ Research Institute subject to the 97 of Experimental EAR. 66 FR 24267, 05/ Physics, (aka 14/01. VNIIEF, Arzamas-16, Russian Federal Nuclear Center, All Russian Research Institute of Experimental Physics, ARIEP, Khariton Institute) located in either Snezhinsk or Kremlev (Sarov). Baltic State For all items Presumption of 63 FR 40363, 7/29/ Technical subject to the denial. 98. University, 1/21, 1- EAR (see § ya Krasnoarmeiskaya 744.10 of the Ul., 198005, St. EAR). Petersburg. Glavkosmos, 9 For all items Presumption of 63 FR 40363, 7/29/ Krasnoproletarskaya subject to the denial. 98. St., 103030 Moscow.. EAR (see § 744.10 of the EAR). Medeleyev University For all items Presumption of 64 FR 14606, 03/ of Chemical subject to the denial. 26/99. Technology of EAR (see § Russia (including 744.10 of the at 9 Miusskaya Sq. EAR). Moscow 125047, Russia). Ministry for Atomic For all items Case-by-case basis 62 FR 35334, 6/30/ Power of Russia subject to the 97 (any entities, EAR. 66 FR 24267, 05/ institutes, or 14/01. centers associated with) located in either Snezhinsk or Kremlev (Sarov). Moscow Aviation For all items Presumption of 64 FR 14606, 03/ Institute (MAI) subject to the denial. 26/99. (including at 4 EAR (see § Volokolamskoye 744.10 of the Shosse, Moscow EAR). 125871, Russia). Tula Instrument All items subject Presumption of 70 FR 10867, 03/ Design Bureau (all to the EAR having Denial. 07/05. locations, a classification including at Tula other than EAR99; 300001, Russia) no License (§ 744.20 of Exceptions the EAR). available.SYRIA.......................... Higher Institute of For all items Presumption of 70 FR 11861, 3/10/ Applied Science and subject to the denial. 05. Technology (HIAST). EAR. (see § 744.3 of the EAR). Industrial For all items Presumption of 70 FR 11861, 3/10/ Establishment of subject to the denial. 05. Defense (IED). EAR. (see § 744.3 of the EAR). National Standards For all items Presumption of 70 FR 11861, 3/10/ and Calibration subject to the denial. 05. Laboratory (NSCL). EAR. (see § 744.3 of the EAR). Scientific Studies For all items Presumption of 70 FR 11861, 3/10/ and Research Center subject to the denial. 05. (SSRC). EAR. (see § 744.3 of the EAR).----------------------------------------------------------------------------------------------------------------\1\ ``Balance of Plant'' refers to the part of a nuclear power plant used for power generation (e.g., turbines, controllers, or power distribution) to distinguish it from the nuclear reactor.
