It's in 3 parts. The first big chunk is Part 746 as of Jan. 1, 1997. The
second is a small chunk, revisions for Cuba. The third is the revisions
and clarifications to Part 746 published in the May 1997 Federal Register.
Each chunk is separated by a line of "=" signs.
[Code of Federal Regulations]
[Title 15, Volume 2, Parts 300 to 799]
[Revised as of January 1, 1997]
>From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR746]
[Page 250-260]
TITLE 15--COMMERCE AND FOREIGN TRADE
CHAPTER VII--BUREAU OF EXPORT ADMINISTRATION, DEPARTMENT OF COMMERCE
PART 746--EMBARGOES AND OTHER SPECIAL CONTROLS
Sec.
746.1 Introduction.
746.2 Cuba.
746.3 Iraq.
746.4 Libya.
746.5 North Korea.
746.6 [Reserved]
746.7 Iran.
746.8 Rwanda.
Supplement No. 1 to Part 746--Special Sanctions on Angola Administered
by the Office of Foreign Assets Control
Supplement No. 2 to Part 746--United Nations Arms Embargoes Administered
by the Department of State: Liberia, Somalia and Countries of
the Former Yugoslavia (Bosnia-Herzegovina, Croatia, Former
Yugoslav Republic of Macedonia, Serbia and Montenegro,
Slovenia)
Supplement No. 3 to Part 746--Controls on the Federal Republic of
Yugoslavia (Serbia and Montenegro), Bosnia-Herzegovina,
Croatia Administered by the Office of Foreign Assets Control
[[Page 251]]
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 22
U.S.C. 287c; 22 U.S.C. 6004; E.O. 12918, 59 FR 28205, 3 CFR, 1994 Comp.,
p. 899; E.O. 12924, 59 FR 43437, 3 CFR, 1994 Comp., p. 917; Notice of
August 15, 1995 (60 FR 42767, August 17, 1995).
Source: 61 FR 12806, Mar. 25, 1996, unless otherwise noted.
Sec. 746.1 Introduction.
In this part, references to the EAR are references to 15 CFR chapter
VII, subchapter C. This part implements broad based controls for items
and activities subject to the EAR imposed to implement or U.S.
government policies. Two categories of controls are included in this
part.
(a) Comprehensive controls. This part contains or refers to all the
BXA licensing requirements, licensing policies, and License Exceptions
for countries subject to general embargoes, currently Cuba, Libya, North
Korea, Iran and Iraq. This part is the focal point for all the EAR
requirements for transactions involving these countries.
(1) Cuba, Libya, North Korea. All the items on the Commerce Control
List (CCL) require a license to Cuba, Libya, or North Korea. In
addition, most other items subject to the EAR, but not included on the
CCL, designated by the Number ``EAR99'', require a license to Cuba,
Libya, and North Korea. Most items requiring a license to these
destinations are subject to a general policy of denial. Because these
controls extend to virtually all exports, they do not appear in the
Country Chart in part 738 of the EAR, nor are they reflected in the
Commerce Control List in part 774 of the EAR.
(2) Iran and Iraq. While BXA maintains controls on exports and
reexports to Iran and Iraq, comprehensive embargoes on transactions
involving these countries are administered by the Department of the
Treasury's Office of Foreign Assets Control (OFAC).
(b) Rwanda. The second category of EAR controls apply to Rwanda
included in this part are those that are supplemental to controls set
forth in the Country Chart in part 738. Such controls are listed under
each affected ECCN on the CCL in part 774 of the EAR.
(c) This part also contains descriptions of controls maintained by
the Office of Foreign Assets Control in the Treasury Department and by
Office of Defense Trade Controls in the Department of State.
Comprehensive embargoes and supplemental controls implemented by BXA
under the EAR usually also involve controls on items and activities
maintained by these agencies. This part sets forth the allocation of
licensing responsibilities between BXA and these other agencies.
References to the requirements of other agencies are informational; for
current, complete, and authoritative requirements, you should consult
the appropriate agency's regulations.
(d) Supplement No. 1 to this part provides you with general
information on United Nations sanctions administered by the Department
of the Treasury's Office of Foreign Assets Control (OFAC) (31 CFR part
590) on UNITA in Angola.
(e) Supplement No. 2 to this part provides you with general
information on United Nations arms embargoes administered by the
Department of State (22 CFR parts 120 through 130) on all the countries
of the former Yugoslavia (Bosnia-Herzegovina, Croatia, the Former
Yugoslav Republic of Macedonia, Serbia, Montenegro, and Slovenia),
Liberia and Somalia.
(f) Supplement No. 3 to this part provides you with information on
embargoes on the Federal Republic of Yugoslavia (Serbia and Montenegro)
and certain areas of Croatia and Bosnia-Herzegovina administered by OFAC
(31 CFR part 585).
Sec. 746.2 Cuba.
(a) License requirements. As authorized by section 6 of the Export
Administration Act of 1979, as amended (EAA) and by the Trading with the
Enemy Act of 1917, as amended, you will need a license to export or
reexport all items subject to the EAR (see part 734 of the EAR for the
scope of items subject to the EAR) to Cuba, except as follows.
(1) License Exceptions. You may export without a license if your
transaction meets all the applicable terms and conditions of any of the
following License Exceptions. To determine the scope and eligibility
requirements, you
[[Page 252]]
will need to turn to the sections or specific paragraphs of part 740 of
the EAR (License Exceptions). Read each License Exception carefully, as
the provisions available for embargoed countries are generally narrow.
(i) Temporary exports and reexports (TMP) by the news media (see
Sec. 740.8(a)(2)(viii) of the EAR).
(ii) Operation technology and software (TSU) for legally exported
commodities (see Sec. 740.12(a) of the EAR).
(iii) Sales technology (TSU) (see Sec. 740.12(b) of the EAR).
(iv) Software updates (TSU) for legally exported software (see
Sec. 740.12(c) of the EAR).
(v) Parts (RPL) for one-for-one replacement in certain legally
exported commodities (see Sec. 740.9(a) of the EAR).
(vi) Baggage (BAG) (see Sec. 740.13 of the EAR).
(vii) Governments and international organizations (GOV) (see
Sec. 740.10 of the EAR).
(viii) Gift parcels and humanitarian donations (GFT) (see
Sec. 740.11 of the EAR).
(ix) Items in transit (TMP) from Canada through the U.S. (see
Sec. 740.8(b)(1)(iv) of the EAR).
(x) Aircraft and vessels (AVS) for certain aircraft on temporary
sojourn (see Sec. 740.14(a) of the EAR).
(2) [Reserved]
(b) Licensing policy. Items requiring a license are subject to a
general policy of denial, except as follows:
(1) Medicines, medical supplies, instruments and equipment.
Applications to export medicines, medical supplies, instruments and
equipment will generally be approved, except:
(i) To the extent restrictions would be permitted under section 5(m)
of the Export Administration Act of 1979, as amended (EAA), or section
203(b)(2) of the International Emergency Economic Powers Act;
(ii) If there is a reasonable likelihood that the item to be
exported will be used for purposes of torture or other human rights
abuses;
(iii) If there is a reasonable likelihood that the item to be
exported will be reexported;
(iv) If the item to be exported could be used in the production of
any biotechnological product; or
(v) If it is determined that the United States government is unable
to verify, by on-site inspection or other means, that the item to be
exported will be used for the purpose for which it was intended and only
for the use and benefit of the Cuban people, but this exception shall
not apply to donations of medicines for humanitarian purposes to a
nongovernmental organization in Cuba.
(2) Telecommunications commodities may be authorized on a case-by-
case basis, provided the commodities are part of an FCC-approved project
and are necessary to provide efficient and adequate telecommunications
services between the United States and Cuba.
(3) Exports from third countries to Cuba of non-strategic foreign-
made products that contain an insubstantial proportion of U.S.-origin
materials, parts, or components will generally be considered favorably
on a case-by-case basis, provided all of the following conditions are
satisfied:
(i) The local law requires, or policy favors, trade with Cuba;
(ii) The U.S.-origin content does not exceed 20 percent of the value
of the product to be exported from the third country. Requests where the
U.S.-origin parts, components, or materials represent more than 20
percent by value of the foreign-made product will generally be denied.
See Supplement No. 3 to part 734 of the EAR for instructions on how to
calculate value; and
(iii) You are not a U.S.-owned or -controlled entity in a third
country as defined by OFAC regulations, 31 CFR part 515, or you are a
U.S.-owned or controlled entity in a third country and one or more of
the following situations applies:
(A) You have a contract for the proposed export that was entered
into prior to October 23, 1992.
(B) Your transaction involves the export of foreign-produced
medicine, or medical supplies, instruments, or equipment incorporating
U.S.-origin parts, components or materials, in which case the
application will be reviewed according to the provisions of paragraph
(b)(1) of this section.
(C) Your transaction is for the export of foreign-produced
telecommunications commodities incorporating
[[Page 253]]
U.S.-origin parts, components and materials, in which case the
application will be reviewed under the licensing policy set forth in
paragraph (b)(2) of this section.
(D) Your transaction is for the export of donated food to
individuals or non-governmental organizations in Cuba and does not
qualify for the humanitarian License Exception.
(c) Cuba has been designated by the Secretary of State as a country
whose government has repeatedly provided support for acts of
international terrorism. For anti-terrorism controls, see Supplement 2
to part 742 of the EAR.
(d) Related controls. OFAC maintains controls on the activities of
persons subject to U.S. jurisdiction, wherever located, involving
transactions with Cuba or any specially designated Cuban national, as
provided in 31 CFR part 515.
[61 FR 12802, Mar. 25, 1996, as amended at 61 FR 64284, Dec. 4, 1996]
Sec. 746.3 Iraq.
(a) License requirements. OFAC administers an embargo against Iraq
under the authority of the International Emergency Economic Powers Act
of 1977, as amended, and the United Nations Participation Act of 1945,
as amended, and in conformance with United Nations Security Council
Resolutions. The applicable OFAC regulations, the Iraqi Sanctions
Regulations, are found in 31 CFR part 575. You should consult with OFAC
for authorization to export or reexport items subject to U.S.
jurisdiction to Iraq, or to any entity owned or controlled by, or
specially designated as acting for or on behalf of, the Government of
Iraq. Under the EAR, you need a license to export or reexport to Iraq
any item on the CCL containing a CB Column 1, CB Column 2, CB Column 3,
NP Column 1, NP Column 2, NS Column 1, NS Column 2, MT Column 1, RS
Column 1, RS Column 2, CC Column 1, CC Column 2, CC Column 3 in the
Country Chart Column of the License Requirements section of an ECCN, or
classified under ECCNs 1C980, 1C981, 1C982, 1C983, 1C984, 5A980, 0A980,
and 0A983; however, to avoid duplication, an authorization from OFAC
constitutes authorization under the EAR, and no separate BXA
authorization is necessary. Except as noted in Sec. 746.3(a)(1) of this
part, you may not use any BXA License Exception or other BXA
authorization to export or reexport to Iraq.
(1) License Exceptions. You may export or reexport without a license
if your transaction meets all the applicable terms and conditions of one
of the following License Exceptions. Read each License Exception
carefully, as the provisions available for embargoed countries are
generally narrow.
(i) Baggage (BAG) (See Sec. 740.13 of the EAR).
(ii) Governments and international organizations (GOV) (See
Sec. 740.10 of the EAR).
(2) Exports for the official use of the United Nations, its
personnel or agencies (excluding its relief or developmental agencies).
You must consult with OFAC to determine what transactions are eligible.
(b) Iraq has been designated by the Secretary of State as a country
that has repeatedly provided support for acts of international
terrorism. For anti-terrorism controls, see Supplement 2 to part 742 of
the EAR.
(c) Related controls. OFAC maintains controls on the activities of
U.S. persons, wherever located, involving transactions with Iraq or any
specially designated Iraqi national, as provided in 31 CFR part 575.
[61 FR 12806, Mar. 25, 1996, as amended at 61 FR 64284, Dec. 4, 1996]
Sec. 746.4 Libya.
(a) Introduction. The Department of the Treasury and the Department
of Commerce maintain comprehensive controls on exports and reexports to
Libya. OFAC maintains comprehensive controls on exports and
transshipments to Libya under the Libyan Sanctions Regulations (31 CFR
part 550). To avoid duplicate licensing procedures, OFAC and BXA have
allocated licensing responsibility as follows: OFAC licenses direct
exports and transshipments to Libya; BXA licenses reexports, exports of
foreign-manufactured items containing U.S.-origin parts, components or
materials, and exports of foreign-produced direct product of U.S.
technology
[[Page 254]]
or software. Issuance of an OFAC license also constitutes authorization
under the EAR, and no license from BXA is necessary. Exports and
reexports subject to the EAR that are not subject to the Libyan
Sanctions Regulations continue to require authorization from BXA.
(b) License requirements--(1) Exports. OFAC and BXA both require a
license for virtually all exports (including transshipments) to Libya.
Except as noted in paragraph (b) of this section or specified in OFAC
regulation, you may not use any BXA License Exception or other BXA
authorization to export or transship to Libya. You will need a license
from OFAC for all direct exports and transshipments to Libya except
those eligible for the following BXA License Exceptions:
(i) Baggage (BAG) (see Sec. 740.13 of the EAR).
(ii) Governments and international organizations (GOV) (see
Sec. 740.11 of the EAR).
(iii) Gift parcels (GFT) (see Sec. 740.11(a) of the EAR).
(2) Reexports. You will need a license from BXA to reexport any
U.S.-origin item from a third country to Libya, any foreign-manufactured
item containing U.S.-origin parts, components or materials, as defined
in Sec. 734.2(b)(2) of the EAR, or any national security-controlled
foreign-produced direct product of U.S. technology or software, as
defined in Sec. 734.2(b)(3) of the EAR, exported from the U.S. after
March 12, 1982. You will need a license from BXA to reexport all items
subject to the EAR (see part 734 of the EAR) to Libya, except:
(i) Food, medicines, medical supplies, and agricultural commodities;
(ii) Reexports eligible for the following License Exceptions (read
each License Exception carefully, as the provisions available for
embargoed countries are generally narrow):
(A) Temporary exports and reexports (TMP): reexports by the news
media (see Sec. 740.8(a)(2)(viii) of the EAR).
(B) Operation technology and software (TSU) for legally exported
commodities (see Sec. 740.12(a) of the EAR).
(C) Sales technology (TSU) (see Sec. 740.12(b) of the EAR).
(D) Software updates (TSU) for legally exported software (see
Sec. 740.12(c) of the EAR).
(E) Parts (RPL) for one-for-one replacement in certain legally
exported commodities (Sec. 740.9(a) of the EAR).
(F) Baggage (BAG) (Sec. 740.13 of the EAR).
(G) Aircraft and vessels (AVS) for vessels only (see
Sec. 740.14(c)(1) of the EAR).
(H) Governments and international organizations (GOV) (see
Sec. 740.10 of the EAR).
(I) Gift parcels and humanitarian donations (GFT) (see Sec. 740.11
of the EAR).
(c) Licensing policy. (1) You should consult with OFAC regarding
licensing policy for transactions subject to OFAC regulation.
(2) The licensing policy for BXA controls is as follows. Licenses
will generally be denied for:
(i) Items controlled for national security purposes and related
technology and software, including controlled foreign produced products
of U.S. technology and software exported from the United States after
March 12, 1982; and
(ii) Oil and gas equipment and technology and software, if listed in
paragraph (c)(2)(vii) of this section, or if determined by BXA not to be
readily available from sources outside the United States; and
(iii) Commodities, software, and technology destined for the
petrochemical processing complex at Ras Lanuf, if listed in paragraph
(c)(2)(vii) of this section, or where such items would contribute
directly to the development or construction of that complex (items
destined for the township at Ras Lanuf, or for the public utilities or
harbor facilities associated with that township, generally will not be
regarded as making such a contribution where their functions will be
primarily related to the township, utilities or harbor);
(iv) Aircraft (including helicopters) or aircraft parts, components,
or accessories to Libya or the provision of engineering and maintenance
servicing of Libyan aircraft or aircraft components;
(v) Arms and related material of all types, including the sale or
transfer of
[[Page 255]]
weapons and ammunition, military vehicles and equipment, paramilitary
police equipment, spare parts for the aforementioned, and equipment or
supplies for the manufacture or maintenance of the aforementioned.
(vi) Materials destined for the construction, improvement or
maintenance of Libyan civilian or military airfields and associated
facilities and equipment or any engineering or other services or
components destined for the maintenance of any Libyan civil or military
airfields or associated facilities and equipment, except emergency
equipment and equipment and services directly related to civilian air
traffic control; and
(vii) Items listed in paragraphs (c)(2)(vii) (A) through (E) and
equipment and supplies for the manufacture or maintenance of such items:
(A) Pumps of medium or large capacity (equal to or larger than 3500
cubic meters per hour) and drivers (gas turbines and electric motors)
designed for use in the transportation of crude oil and natural gas.
(B) Equipment designed for use in crude oil export terminals, as
follows:
(1) Loading buoys or single point moorings;
(2) Flexible hoses for connection between underwater manifolds
(plem) and single point mooring and floating loading hoses of large
sizes (from 12-16 inches); or
(3) Anchor chains.
(C) Equipment not specially designed for use in crude oil export
terminals, but which because of its large capacity can be used for this
purpose, as follows:
(1) Loading pumps of large capacity (4000 m \3\/h) and small head
(10 bars);
(2) Boosting pumps within the same range of flow rates;
(3) Inline pipe line inspection tools and cleaning devices (i.e.,
pigging tools) (16 inches and above); or
(4) Metering equipment of large capacity (1000 m \3\/h and above).
(D) Refinery equipment, as follows:
(1) Boilers meeting American Society of Mechanical Engineers 1
standards;
(2) Furnaces meeting American Society of Mechanical Engineers 8
standards;
(3) Fractionation columns meeting American Society of Mechanical
Engineers 8 standards;
(4) Pumps meeting American Petroleum Institute 610 standards;
(5) Catalytic reactors meeting American Society of Mechanical
Engineers 8 standards; or
(6) Prepared catalysts, including catalysts containing platinum and
catalysts containing molybdenum.
(E) Spare parts for any of the items described in paragraph
(c)(2)(vii) of this section.
(3) Notwithstanding the presumptions of denial in paragraphs (c)(2)
(i) through (iii), licenses will generally be issued items not included
in paragraph (c)(2)(iv) through (vii) when the transaction involves:
(i) The export or reexport of commodities or technology and software
under a contract in effect prior to March 12, 1982, where failure to
obtain a license would not excuse performance under the contract;
(ii) Reexport of items not controlled for national security purposes
that had been exported from the United States prior to March 12, 1982 or
exports of foreign products incorporating such items as components; or
(iii) Incorporation of U.S.-origin parts, components, or materials
in foreign-manufactured products destined for Libya, where the U.S.
content is 20 percent or less by value.
(4) Notwithstanding the presumption of denial in paragraph (c)(2)
(iv) through (vii), applications for reexports under a contract pre-
dating January 18, 1994, will be reviewed under the licensing policy in
effect prior to that date.
(5) Licenses will generally be considered favorably on a case-by-
case basis when the transaction involves the following items, provided
such items are not included in paragraph (c)(2) (iv) through (vii):
(i) Reexports of items subject to national security controls that
were exported prior to March 12, 1982 and exports of foreign products
incorporating such U.S.-origin components, where the particular
authorization would not be contrary to specific foreign policy
objectives of the United States; or
[[Page 256]]
(ii) Items destined for use in the development or construction of
the petrochemical processing complex at Ras Lanuf, where the transaction
could be approved but for the general policy of denial set out in
paragraph (c)(2)(iii), and where either:
(A) The transaction involves a contract in effect before December
20, 1983 that requires export or reexport of the items in question; or
(B) The items had been exported from the U.S. before that date.
(iii) Other unusual situations such as transactions involving firms
with contractual commitments in effect before March 12, 1982.
(6) Licenses will generally be considered favorably on a case-by-
case basis for the reexport of reasonable quantities for civil use of
off-highway wheel tractors of carriage capacity of 9t (10 tons) or more,
as defined in ECCN 9A992, provided such tractors are not for uses
described in paragraph (c)(2) (iv) through (vi) of this section.
(7) All other reexports not covered by United Nations resolutions
will generally be approved, subject to any other licensing policies
applicable to a particular transaction.
(e) Libya has been designated by the Secretary of State as a country
whose government has repeatedly provided support for acts of
international terrorism. For anti-terrorism controls, see Supplement 2
to part 742 of the EAR.
(f) Related controls. OFAC administers broad economic sanctions on
Libya, and restricts participation by U.S. persons in transactions with
Libya or specially designated Libyan nationals. The applicable OFAC
regulations, the Libyan Sanctions Regulations, are found in 31 CFR part
550.
[61 FR 12806, Mar. 25, 1996, as amended at 61 FR 64284, Dec. 4, 1996]
Sec. 746.5 North Korea.
(a) License requirements. As authorized by section 6 of the Export
Administration Act of 1979, as amended (EAA) and by the Trading with the
Enemy Act of 1917, as amended, you will need a license to export or
reexport items subject to the EAR (see part 734 of the EAR) to North
Korea, except as follows:
(1) License Exceptions. You may export without a license if your
transaction meets all the applicable terms and conditions of any of the
License Exceptions specified in this paragraph. To determine scope and
eligibility requirements, you will need to turn to the sections or
specific paragraphs of part 740 of the EAR (License Exceptions). Read
each License Exception carefully, as the provisions available for
embargoed countries are generally narrow.
(i) Temporary exports and reexports (TMP) by the news media (see
Sec. 740.8(a)(2)(viii) of the EAR).
(ii) Operation technology and software (TSU) for legally exported
commodities (see Sec. 740.12(a) of the EAR).
(iii) Sales technology (TSU) (see Sec. 740.12(b) of the EAR).
(iv) Software updates (TSU) for legally exported software (see
Sec. 740.12(c) of the EAR).
(v) Parts (RPL) for one-for-one replacement in certain legally
exported commodities (Sec. 740.9(a) of the EAR).
(vi) Baggage (BAG) (Sec. 740.13 of the EAR).
(vii) Aircraft and vessels (AVS) for fishing vessels under governing
international fishery agreements and foreign-registered aircraft on
temporary sojourn in the U.S.1 (see Sec. 740.14(a) and (c)(1)
of the EAR).
---------------------------------------------------------------------------
\1\ Export of U.S. aircraft on temporary sojourn or vessels is
prohibited, 44 CFR Ch. IV, part 403 ``Shipping restrictions: North Korea
(T-2).''
---------------------------------------------------------------------------
(viii) Governments and international organizations (GOV) (see
Sec. 740.10 of the EAR).
(ix) Gift parcels and humanitarian donations (GFT) (see Sec. 740.11
of the EAR).
(2) [Reserved]
(b) Licensing policy. Items requiring a license are subject to a
general policy of denial. Exceptions to the policy of denial are as
follows:
(1) BXA will review on a case-by-case basis applications for export
of donated human-needs items listed in Supplement No. 2 to part 740 of
the EAR that do not qualify for the humanitarian donation provisions of
License Exception GFT (see Sec. 740.11(b) of the EAR). Such
[[Page 257]]
applications include single transactions involving exports to meet
emergency needs.
(2) BXA will review on a case-by-case basis applications for
commercial sales of human-needs items. Such applications must be for
items listed in Supplement No. 2 to part 740 of the EAR, but are not
limited solely to small scale projects at the local level.
(c) North Korea has been designated by the Secretary of State as a
country whose government has repeatedly provided support for acts of
international terrorism. For anti-terrorism controls, see Supplement 2
to part 742 of the EAR.
(d) Related controls. OFAC maintains controls on the activities of
persons subject to U.S. jurisdiction, wherever located, involving
transactions with North Korea or any specially designated North Korean
national.
[61 FR 12806, Mar. 25, 1996, as amended at 61 FR 64284, Dec. 4, 1996]
Sec. 746.6 [Reserved]
Sec. 746.7 Iran.
The Treasury Department's Office of Foreign Assets Control (OFAC)
administers a comprehensive trade and investment embargo against Iran
under the authority of the International Emergency Economic Powers Act
of 1977, as amended, section 505 of the International Security and
Development Cooperation Act of 1985, and Executive Orders 12957 and
12959 of March 15, 1995 and May 6, 1995, respectively. This embargo
includes prohibitions on export and certain reexport transactions
involving Iran, including transactions dealing with items subject to the
EAR. (See OFAC's Iranian Transactions Regulations, 31 CFR part 560.) BXA
continues to maintain licensing requirements on exports and reexports to
Iran under the EAR as described in paragraph (a)(2) of this section. No
person may export or reexport items subject to both the EAR and OFAC's
Iranian Transactions Regulations without prior OFAC authorization.
(a) License requirements--(1) OFAC administered embargo. You should
consult with OFAC if:
(i) You seek authorization to export from the United States; or
(ii) You are a United States person (as defined in OFAC's Iranian
Transactions Regulations, 31 CFR part 560) and seek authorization to
export or reexport from a third country; or
(iii) You seek authorization to reexport U.S.-origin items that were
subject to any export license application requirements prior to
Executive Order 12959 of May 6, 1995.
(2) BXA license requirements. A license is required under the EAR:
(i) To export to Iran any item on the CCL containing a CB Column 1,
CB Column 2, CB Column 3, NP Column 1, NP Column 2, NS Column 1, NS
Column 2, MT Column 1, RS Column 1, RS Column 2, CC Column 1, CC Column
2, CC Column 3, AT Column 1 or AT Column 2 in the Country Chart Column
of the License Requirements section of an ECCN, or classified under
ECCNs 1C980, 1C981, 1C982, 1C983, 1C984, 5A980, 0A980, and 0A983; or
(ii) To reexport to Iran any of the items identified in
Sec. 746.7(a)(2)(i), except for ECCNs 2A994, 3A993, 5A992, 5A995, 6A990,
6A994, 7A994, 8A992, 8A994, 9A990, 9A992, or 9A994. However, the export
of these items from the United States to any destination with knowledge
that they will be reexported, in whole or in part, to Iran, is
prohibited without a license; or
(iii) To export or reexport items subject to the general
prohibitions, including proliferation end-use prohibitions (see part 736
of the EAR).
(3) BXA authorization. To avoid duplication, exporters or
reexporters are not required to seek separate authorization from BXA for
an export or reexport subject both to the EAR and to OFAC's Iranian
Transactions Regulations. Therefore, if OFAC authorizes an export or
reexport, no separate authorization from BXA is necessary.
(4) Definitions. For purposes of this section, the term ``United
States person'' means any United States citizen, permanent resident
alien, entity organized under the laws of the United States (including
foreign branches), or any person in the United States; the term
``foreign person'' means those not defined as United States persons.
(b) Iran has been designated by the Secretary of State as a country
that has repeatedly provided support for
[[Page 258]]
acts of international terrorism. For anti-terrorism controls, see
Sec. 742.8 of the EAR and Supplement 2 to part 742.
Sec. 746.8 Rwanda.
(a) Introduction. In addition to the controls on Rwanda reflected on
the Country Chart in Supplement 1 to part 738 of the EAR, there are
special controls on items that fall within the scope of a United Nations
Security Council arms embargo.
(b) License requirements. (1) Under Executive Order 12918 of May 26,
1994, and in conformity with United Nations Security Council (UNSC)
Resolution 918 of May 17, 1994, an embargo applies to the sale or supply
to Rwanda of arms and related materiel of all types and regardless of
origin, including weapons and ammunition, military vehicles and
equipment, paramilitary police equipment, and spare parts for such
items. You will therefore need a license for the sale, supply or export
to Rwanda of embargoed items, as listed in paragraph (b)(1)(i) and (ii)
of this section, from the territory of the United States by any person.
You will also need a license for the export, reexport, sale or supply to
Rwanda of such items by any United States person in any foreign country
or other location. (Reexport controls imposed by this embargo apply only
to reexports by U.S. persons.) You will also need a license for the use
of any U.S.-registered aircraft or vessel to supply or transport to
Rwanda any such items. These requirements apply to embargoed items,
regardless of origin.
(i) Crime Control and Detection Equipment as identified on the CCL
under CC Columns No. 1, 2 or 3 in the Country Chart column of the
``License Requirements'' section of the applicable ECCN.
(ii) Items described by any ECCN ending in ``18,'' and items
described by ECCNs 1A988, 2B985, 5A980, 6A002.a.1,a.2,a.3 and c,
6A003.b.3 and b.4, 6D102, 6E001, 6E002, 9A115, 9A991.a, 09A84, 0A986,
and 0A988.
(2) This embargo became effective at 11:59 p.m. EDT on May 26, 1994.
(3) Definitions. For the purposes of this section, the term:
(i) Person means a natural person as well as a corporation, business
association, partnership, society, trust, or any other entity,
organization or group, including governmental entities; and
(ii) United States person means any citizen or national of the
United States, any lawful permanent resident of the United States, or
any corporation, business association, partnership, society, trust, or
any other entity, organization or group, including governmental
entities, organized under the laws of the United States (including
foreign branches).
(c) Licensing policy. Applications for export or reexport of all
items listed in paragraphs (b)(1)(i) and (ii) of this section are
subject to a general policy of denial. Consistent with United Nations
Security Council Resolution 918 and the United Nations Participation
Act, this embargo is effective notwithstanding the existence of any
rights or obligations conferred or imposed by any international
agreement or any contract entered into or any license or permit granted
prior to that date, except to the extent provided in regulations,
orders, directives or licenses that may be issued in the future under
Executive Order 12918 or under the EAR.
(d) Related controls. The Department of State, Office of Defense
Trade Controls, maintains controls on arms and military equipment under
the International Traffic in Arms Regulations (22 CFR parts 120 through
130).
Supplement 1 to Part 746--Special Sanctions on Angola Administered by
the Office of Foreign Assets Control
(a) Angola. BXA maintains controls on Angola as reflected on the
Country Chart in Supplement 1 to part 738 of the EAR. (See also
Sec. 746.7 of this part.) In addition, OFAC administers sanctions
against the National Union for the Total Independence of Angola (UNITA).
Under Executive Order 12865 of September 26, 1993, and consistent with
United Nations Security Council Resolution 864 of September 15, 1993,
OFAC administers an embargo on the sale or supply of arms and related
materiel of all types, including weapons and ammunition, military
vehicles and equipment and spare parts, and petroleum and petroleum
products to:
(1) UNITA; or
(2) The territory of Angola, other than through points of entry
designated by the
[[Page 259]]
Secretary of the Treasury, in the following schedule:
(i) Airports:
(A) Luanda; or
(B) Katumbela, Benguela Province.
(ii) Ports:
(A) Luanda;
(B) Lobito, Benguela Province; or
(C) Namibe, Namibe Province.
(iii) Entry Points:
(A) Malongo, Cabinda.
(B) [Reserved]
(b) Exporters should apply to OFAC for authorization to export
embargoed items to UNITA or to points of entry not designated by the
Secretary of the Treasury. Exports of embargoed items that are also
controlled on the CCL to end-users other than UNITA and to points of
entry designated by the Secretary of the Treasury continue to require a
license from BXA. In addition, all other items controlled on the CCL to
Angola continue to require a license from BXA.
Supplement 2 to Part 746--United Nations Arms Embargoes Administered by
the Department of State: Liberia, Somalia, and Countries of the Former
Yugoslavia (Bosnia-Herzegovina, Croatia, Former Yugoslav Republic of
Macedonia, Serbia and Montenegro, Slovenia)
(a) Former Socialist Federal Republic of Yugoslavia (Bosnia-
Herzegovina, Croatia, the Former Yugoslav Republic of Macedonia, Serbia
and Montenegro, and Slovenia). The Department of State administers an
embargo on all weapons and military equipment, consistent with United
Nations Security Council Resolution 713 of September 25, 1991, to the
countries of the former Socialist Federal Republic of Yugoslavia
(Bosnia-Herzegovina, Croatia, the Former Yugoslav Republic of Macedonia,
Serbia and Montenegro, and Slovenia). Exporters are advised to consult
with the Department of State, Office of Defense Trade Controls (22 CFR
parts 120 through 130), regarding exports of weapons and military
equipment to these destinations.
(b) Liberia. The Department of State administers an embargo on all
weapons and military equipment to Liberia, consistent with United
Nations Security Council Resolution 788 of November 19, 1992. Exporters
are advised to consult with the Department of State, Office of Defense
Trade Controls (22 CFR parts 120 through 130), regarding exports of
weapons and military equipment.
(c) Somalia. The Department of State administers an embargo on all
weapons and military equipment to Somalia, consistent with United
Nations Security Council Resolution 733 of February 23, 1992. Exporters
are advised to consult with the Department of State, Office of Defense
Trade Controls (22 CFR parts 120 through 130), regarding exports of
weapons and military equipment.
Supplement No. 3 to Part 746--Controls on the Federal Republic of
Yugoslavia (Serbia and Montenegro), Bosnia-Herzegovina, Croatia
Administered by the Office of Foreign Assets Control
Note: OFAC administers a comprehensive embargo on the Federal
Republic of Yugoslavia (Serbia and Montenegro), certain areas of
Croatia, and Bosnian Serb-controlled areas of the Republic of Bosnia-
Herzegovina. Effective January 16, 1996, OFAC suspended the application
of sanctions on Croatia and Serbia and Montenegro. Therefore, exporters
should consult the Country Chart in Supplement No. 1 to part 738 of the
EAR for BXA controls. OFAC controls on Bosnian Serb-controlled area of
Bosnia-Herzegovina remain in effect. (See amendment to the Federal
Republic of Yugoslavia (Serbia and Montenegro) and Bosnian Serb-
Controlled Areas of the Republic of Bosnia and Herzegovina Sanctions
Regulations in the Federal Register of January 19, 1996 (61 FR 1282) (31
CFR part 585).) This suspension affects paragraphs (a) and (c) of this
supplement.
(a) Federal Republic of Yugoslavia (Serbia & Montenegro). OFAC
administers an embargo on exports and reexports to the Federal Republic
of Yugoslavia (Serbia and Montenegro) (FRY(S & M)). OFAC administers
this embargo under Executive Orders 12808 of May 30, 1992, 12810 of June
5, 1992, 12831 of January 15, 1993, 12846 of April 25, 1993, and 12934
of October 25, 1994, and consistent with United Nations Security Council
Resolutions 757 of May 30, 1992, 787 of November 16, 1992, 820 of April
17, 1993, and 942 of September 23, 1994. Under this embargo, no items
subject to U.S. jurisdiction may be exported, directly or indirectly, to
the FRY (S & M), or to any entity operated from the FRY (S & M), or
owned or controlled by, or specially designated as acting for or on
behalf of the Government of the FRY (S & M). The applicable OFAC
regulations, the Federal Republic of Yugoslavia (Serbia and Montenegro)
Sanctions Regulations, are found in 31 CFR part 585. Exporters should
apply to OFAC for authorization to export or reexport items subject to
the EAR to the FRY (S & M). An authorization from OFAC constitutes
authorization under the EAR, and no BXA license is necessary.
(b) Bosnia-Herzegovina. (1) BXA maintains the controls reflected on
the Country Chart in Supplement 1 to part 738 of the EAR on Bosnia-
Herzegovina, except to the extent
[[Page 260]]
OFAC maintains controls on exports or reexports to that country.
(2) OFAC maintains a comprehensive embargo on trade, including
exports from the United States or by U.S. persons to, or through, those
areas of the Republic of Bosnia-Herzegovina under the control of the
Bosnian Serb forces, or activity of any kind that promotes or is
intended to promote such dealing. OFAC maintains this embargo under
Executive Orders 12846 of April 25, 1993 and 12934 of October 25, 1994,
and consistent with United Nations Security Council Resolutions 820 of
April 17, 1993 and 942 of September 23, 1994. The applicable OFAC
regulations, the Federal Republic of Yugoslavia (Serbia and Montenegro)
Sanctions Regulations, are found in 31 CFR part 585. U.S. persons should
apply to OFAC for authorization to engage in trade-related transactions
involving those areas of the Republic of Bosnia-Herzegovina under the
control of the Bosnian Serb forces. An authorization from OFAC
constitutes authorization under the EAR, and no BXA license is
necessary. You will need a license from BXA for items controlled on the
CCL to Bosnia-Herzegovina when the export or reexport is destined to
areas in the Republic of Bosnia-Herzegovina not controlled by the
Bosnian Serb forces. You may need a license from BXA to reexport U.S.-
origin items from third countries to areas of the Republic of Bosnia-
Herzegovina under the control of the Bosnian Serb forces.
(c) Croatia. (1) BXA maintains the controls reflected on the Country
Chart in Supplement 1 to part 738 of the EAR on Croatia, except to the
extent OFAC maintains controls on exports or reexports to that country.
(2) OFAC prohibits any dealing by a U.S. person relating to the
export to, or transshipment through, the United Nations Protected Areas
in the Republic of Croatia. OFAC maintains this embargo under Executive
Order 12846 of April 25, 1993, and consistent with United Nations
Security Council Resolution 820 of April 17, 1993. The applicable OFAC
regulations, the Federal Republic of Yugoslavia (Serbia and Montenegro)
Sanctions Regulations, are found in 31 CFR part 585. U.S. persons should
apply to OFAC for authorization to engage in trade-related transactions
involving the United Nations Protected Areas in the Republic of Croatia.
An authorization from OFAC constitutes authorization under the EAR, and
no BXA license is necessary. You will need a license from BXA for items
controlled on the CCL to Croatia when the export or reexport is destined
to areas other than the United Nations Protected Areas in the Republic
of Croatia. Foreign persons may need a license from BXA to reexport
U.S.-origin items from third countries to the United Nations Protected
Areas in the Republic of Croatia.
=========================================
[Federal Register: March 3, 1997 (Volume 62, Number 41)]
[Rules and Regulations]
[Page 9364-9365]
>From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03mr97-6]
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DEPARTMENT OF COMMERCE
Bureau of Export Administration
15 CFR Part 746
[Docket No. 961015286-6286-01]
RIN 0694-AB43
Exports to Cuba; Support for the Cuban People
AGENCY: Bureau of Export Administration.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: On October 6, 1995, President Clinton announced several
changes to the administration of the Cuban embargo intended to promote
democratic change in Cuba. Accordingly, this final rule amends the
Export Administration Regulations by introducing a licensing review
policy for the approval, on a case-by-case basis, of certain exports to
human rights organizations, news bureaus, and individuals and non-
governmental organizations engaged in activities that promote
democratic activity in Cuba.
EFFECTIVE DATE: March 3, 1997.
FOR FURTHER INFORMATION CONTACT: Bruce Cromack, Office of Strategic
Trade and Foreign Policy Controls, Bureau of Export Administration,
Telephone: (202) 482-5537.
SUPPLEMENTARY INFORMATION:
Background
On October 6, 1995 the President announced new measures designed to
improve enforcement of the U.S. embargo against Cuba and to increase
support for the Cuban people. The measures would permit U.S. persons to
engage in new categories of transactions with eligible Cuban entities,
providing increased support for the Cuban people by facilitating
communications, and supporting human rights and democratic activities.
This rule is consistent with the Cuban Democracy Act of 1992 and the
Cuban Liberty and Democratic Solidarity (Libertad) Act of 1996.
Although the Export Administration Act (EAA) expired on August 20,
1994, the President invoked the International Emergency Economic Powers
Act and continued in effect, to the extent permitted by law, the
provisions of the EAA and the EAR in Executive Order 12924 of August
19, 1994, as extended by the President's notice of August 15, 1995 (60
FR 42767) and notice of August 14, 1996 (61 FR 42527).
Rulemaking Requirements
1. This final rule has been determined to be significant for
purposes of E.O. 12866.
2. This rule involves collections of information subject to the
Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). These
collections have been approved by the Office of Management and Budget
under control numbers 0694-0021 and 0694-0088. Notwithstanding any
other provision of law, no person is required to respond to nor shall a
person be subject to a penalty for failure to comply with a collection
of information subject to the requirements of the Paperwork Reduction
Act unless that collection of information displays a currently valid
OMB Control Number.
3. This rule does not contain policies with Federalism implications
sufficient to warrant preparation of a Federalism assessment under
Executive Order 12612.
4. The provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed rulemaking, the opportunity for
public participation, and a delay in effective date, are inapplicable
because this regulation involves a military and foreign affairs
function of the United States (5 U.S.C. 553(a)(1)). Further, no other
law requires that a notice of proposed rulemaking and an opportunity
for public comment be given for this final rule. Because a notice of
proposed rulemaking and an opportunity for public comment are not
required to be given for this rule under 5 U.S.C. 553 or by any other
law, the requirements of the Regulatory Flexibility Act (5 U.S.C. 601
et seq.) are not applicable.
Therefore, this regulation is issued in final form. Although there
is no formal comment period, public comments on this regulation are
welcome on a continuing basis. Submit comments to Hillary Hess, Office
of Exporter Services, Regulatory Policy Division, Bureau of Export
Administration, Department of Commerce, P.O. Box 273, Washington, DC
20044.
List of Subjects in 15 CFR Part 746
Embargoes, Exports, Foreign trade, Reporting and recordkeeping
requirements.
Accordingly, part 746 of the Export Administration Regulations (15
CFR Parts 730-774) is amended as follows:
PART 746--[AMENDED]
1. The authority citation for 15 CFR part 746 continues to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 287c; 22 U.S.C. 6004; E.O. 12918, 59 FR 28205, 3 CFR, 1994
Comp., p. 899; E.O. 12924, 59 FR 43437, 3 CFR, 1994 Comp., p. 917;
Notice of August 15, 1995 (60 FR 42767, August 17, 1995); and Notice
of August 14, 1996 (61 FR 42527).
2. Section 746.2 is amended by adding paragraph (b)(4) to read as
follows:
Sec. 746.2 Cuba.
* * * * *
(b) * * *
(4) Applications for licenses may be approved, on a case-by-case
basis, for certain exports to Cuba intended to provide support for the
Cuban people, as follows:
(i) Applications for licenses for exports of certain commodities
and software may be approved to human rights organizations, or to
individuals and non-governmental organizations that promote independent
activity intended to strengthen civil society in Cuba when such exports
do not give rise to U.S. national security or counter-terrorism
concerns. Examples of such commodities include fax machines, copiers,
computers (e.g., 486-level/CTP of 24.8 MTOPS or less), business/office
software, document scanning equipment, printers, typewriters, and other
office or office communications
[[Page 9365]]
equipment. Applicants may donate or sell the commodities or software to
be exported. Reexport to other end-users or end-uses is not authorized.
(ii) Commodities and software may be approved for export to U.S.
news bureaus in Cuba whose primary purpose is the gathering and
dissemination of news to the general public. In addition to the
examples of commodities and software listed in paragraph (b)(4)(i) of
this section, certain telecommunications equipment necessary for the
operation of news organizations (e.g., 33M bit/s data signaling rate or
less) may be approved for export to U.S. news bureaus.
* * * * *
Dated: February 26, 1997.
Sue E. Eckert,
Assistant Secretary for Export Administration.
[FR Doc. 97-5169 Filed 2-28-97; 8:45 am]
BILLING CODE 3510-33-P
=================================
PART 746--[AMENDED]
45. Section 746.1 is amended:
a. By revising the introductory paragraph;
b. By revising paragraph (b); and
c. By revising the first sentence of paragraph (c), as follows:
Sec. 746.1 Introduction.
In this part, references to the EAR are references to 15 CFR
chapter VII, subchapter C. This part implements broad based controls
for items and activities subject to the EAR imposed to implement U.S.
government policies. Two categories of controls are included in this
part.
* * * * *
(b) Rwanda. The second category of controls that apply to Rwanda
are supplemental to the controls described in the Country Chart in part
738 of the EAR. Such controls are listed under each affected ECCN on
the CCL in part 774 of the EAR.
(c) This part also contains descriptions of controls maintained by
the Office of Foreign Assets Control in the Treasury Department and by
the Office of Defense Trade Controls in the Department of State. * * *
* * * * *
46. Section 746.2 is amended, as follows:
a. By revising paragraph (a)(1); and
b. By revising the phrase ``Supplement No. 3 to part 734'' to read
``Supplement No. 2 to part 734'' in paragraph (b)(3)(ii).
Sec. 746.2 Cuba.
(a) * * *
(1) License Exceptions. You may export or reexport without a
license if your transaction meets all the applicable terms and
conditions of any of the following License Exceptions. To determine the
scope and eligibility requirements, you will need to turn to the
sections or specific paragraphs of part 740 of the EAR (License
Exceptions). Read each License Exception carefully, as the provisions
available for embargoed countries are generally narrow.
(i) Temporary exports and reexports (TMP) by the news media (see
Sec. 740.9(a)(2)(viii) of the EAR).
(ii) Operation technology and software (TSU) for legally exported
commodities (see Sec. 740.13(a) of the EAR).
(iii) Sales technology (TSU) (see Sec. 740.13(b) of the EAR).
(iv) Software updates (TSU) for legally exported software (see
Sec. 740.13(c) of the EAR).
(v) Parts (RPL) for one-for-one replacement in certain legally
exported commodities (see Sec. 740.10(a) of the EAR).
[[Page 25460]]
(vi) Baggage (BAG) (see Sec. 740.14 of the EAR).
(vii) Governments and international organizations (GOV) (see
Sec. 740.11 of the EAR).
(viii) Gift parcels and humanitarian donations (GFT) (see
Sec. 740.12 of the EAR).
(ix) Items in transit (TMP) from Canada through the U.S. (see
Sec. 740.9(b)(1)(iv) of the EAR).
(x) Aircraft and vessels (AVS) for certain aircraft on temporary
sojourn (see Sec. 740.15(a) of the EAR).
(xi) Permissive reexports of certain spare parts in foreign-made
equipment (see Sec. 740.16(h) of the EAR).
* * * * *
47. Section 746.3 is amended by revising paragraph (a)(1) to read
as follows:
Sec. 746.3 Iraq.
(a) * * *
(1) License Exceptions. You may export or reexport without a
license if your transaction meets all the applicable terms and
conditions of one of the following License Exceptions. Read each
License Exception carefully, as the provisions available for embargoed
countries are generally narrow.
(i) Baggage (BAG) (see Sec. 740.14 of the EAR).
(ii) Governments and international organizations (GOV) (see
Sec. 740.11 of the EAR).
* * * * *
48. Section 746.4 is amended:
a. By revising paragraph (b);
b. By revising paragraph (c)(3) introductory text;
c. By redesignating paragraph (e) as paragraph (d); and
d. By redesignating paragraph (f) as paragraph (e), as follows:
Sec. 746.4 Libya.
* * * * *
(b) License requirements.
(1) Exports. OFAC and BXA both require a license for virtually all
exports (including transshipments) to Libya. Except as noted in
paragraph (b) of this section or specified in OFAC regulation, you may
not use any BXA License Exception or other BXA authorization to export
or transship to Libya. You will need a license from OFAC for all direct
exports and transshipments to Libya except those eligible for the
following BXA License Exceptions:
(i) Baggage (BAG) (see Sec. 740.14 of the EAR).
(ii) Governments and international organizations (GOV) (see
Sec. 740.11 of the EAR).
(iii) Gift parcels (GFT) (see Sec. 740.12(a) of the EAR).
(2) Reexports. You will need a license from BXA to reexport any
U.S.-origin item from a third country to Libya, any foreign-
manufactured item containing U.S.-origin parts, components or
materials, as defined in Sec. 734.2(b)(2) of the EAR, or any national
security-controlled foreign-produced direct product of U.S. technology
or software, as defined in Sec. 734.2(b)(3) of the EAR, exported from
the U.S. after March 12, 1982. You will need a license from BXA to
reexport all items subject to the EAR (see part 734 of the EAR) to
Libya, except:
(i) Food, medicines, medical supplies, and agricultural
commodities;
(ii) Reexports eligible for the following License Exceptions (read
each License Exception carefully, as the provisions available for
embargoed countries are generally narrow):
(A) Temporary exports and reexports (TMP): reexports by the news
media (see Sec. 740.9(a)(2)(viii) of the EAR).
(B) Operation technology and software (TSU) for legally exported
commodities (see Sec. 740.13(a) of the EAR).
(C) Sales technology (TSU) (see Sec. 740.13(b) of the EAR).
(D) Software updates (TSU) for legally exported software (see
Sec. 740.13(c) of the EAR).
(E) Parts (RPL) for one-for-one replacement in certain legally
exported commodities (Sec. 740.10(a) of the EAR).
(F) Baggage (BAG) (Sec. 740.14 of the EAR).
(G) Aircraft and vessels (AVS) for vessels only (see
Sec. 740.15(c)(1) of the EAR).
(H) Governments and international organizations (GOV) (see
Sec. 740.11 of the EAR).
(I) Gift parcels and humanitarian donations (GFT) (see Sec. 740.12
of the EAR).
(J) Permissive reexports of certain spare parts in foreign-made
equipment (see Sec. 740.16(h) of the EAR).
(c) * * *
(3) Notwithstanding the presumptions of denial in paragraphs (c)(2)
(i) through (iii) of this section, licenses will generally be issued
for items not included in paragraphs (c)(2) (iv) through (vii) of this
section when the transaction involves:
* * * * *
49. Section 746.5 is amended by revising paragraphs (a)(1) and
(b)(1) to read as follows:
Sec. 746.5 North Korea.
(a) * * *
(1) License Exceptions. You may export without a license if your
transaction meets all the applicable terms and conditions of any of the
License Exceptions specified in this paragraph. To determine scope and
eligibility requirements, you will need to turn to the sections or
specific paragraphs of part 740 of the EAR (License Exceptions). Read
each License Exception carefully, as the provisions available for
embargoed countries are generally narrow.
(i) Temporary exports and reexports (TMP) by the news media (see
Sec. 740.9(a)(2)(viii) of the EAR).
(ii) Operation technology and software (TSU) for legally exported
commodities (see Sec. 740.13(a) of the EAR).
(iii) Sales technology (TSU) (see Sec. 740.13(b) of the EAR).
(iv) Software updates (TSU) for legally exported software (see
Sec. 740.13(c) of the EAR).
(v) Parts (RPL) for one-for-one replacement in certain legally
exported commodities (Sec. 740.10(a) of the EAR).
(vi) Baggage (BAG) (Sec. 740.14 of the EAR).
(vii) Aircraft and vessels (AVS) for fishing vessels under
governing international fishery agreements and foreign-registered
aircraft on temporary sojourn in the U.S.1 (see
Sec. 740.15(a) and (b)(1) of the EAR).
---------------------------------------------------------------------------
\1\ Export of U.S. aircraft on temporary sojourn or vessels is
prohibited, 44 CFR Ch. IV, Part 403 ``Shipping restrictions: North
Korea (T-2).''
---------------------------------------------------------------------------
(viii) Governments and international organizations (GOV) (see
Sec. 740.11 of the EAR).
(ix) Gift parcels and humanitarian donations (GFT) (see Sec. 740.12
of the EAR).
(x) Permissive reexports of certain spare parts in foreign-made
equipment (see Sec. 740.16(h) of the EAR).
* * * * *
(b) Licensing policy. * * *
(1) BXA will review on a case-by-case basis applications for export
of donated human-needs items listed in Supplement No. 2 to part 740 of
the EAR that do not qualify for the humanitarian donation provisions of
License Exception GFT (see Sec. 740.12(b) of the EAR). Such
applications include single transactions involving exports to meet
emergency needs.
* * * * *