[Code of Federal Regulations]
[Title 15, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR752.8]

[Page 410-411]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
  CHAPTER VII--BUREAU OF INDUSTRY AND SECURITY, DEPARTMENT OF COMMERCE
 
PART 752--SPECIAL COMPREHENSIVE LICENSE--Table of Contents
 
Sec. 752.8  SCL application review process.

    (a) Scope. Under an SCL, you are authorized to make multiple exports 
and reexports without review and approval of each individual transaction 
by BIS. To approve an SCL, BIS must be satisfied that the persons 
benefiting from this license will adhere to the conditions of the 
license and the EAR, and that approval of the application will not be 
detrimental to U.S. national security, nonproliferation, or foreign 
policy interests. In reviewing and approving a specific SCL request, BIS 
retains the right to limit the eligibility of items or to prohibit the 
export, reexport, or transfer of items under the SCL to specific firms, 
individuals, or countries.
    (b) Elements of review. To permit BIS to make such judgments, BIS 
will thoroughly analyze your past export and reexport transactions, 
inspect your export and reexport documents, and interview company 
officials of both the applicant and the consignees, as necessary. If BIS 
cannot verify that an appropriate ICP will be implemented upon approval 
of the SCL by BIS, or establish the reliability of the proposed parties 
to the application, it may deny the application, or modify it by 
eliminating certain consignees, items, countries, or activities.
    (c) order requirement. You do not need to have in your possession an 
order from the proposed consignee at the time you apply for an SCL. 
However, evidence of a consignee's firm intention to place orders on a 
continuing basis is required.

[[Page 411]]

    (d) Criteria for review. BIS will consider the following factors 
during the processing of your SCL application:
    (1) The specific nature of proposed end-use and end-uses;
    (2) The significance of the export in terms of its contribution to 
the design, development, production, stockpiling, or use of nuclear or 
chemical or biological weapons, or missiles;
    (3) The types of assurances against design, development, production, 
stockpiling, or use of nuclear or chemical and biological weapons, or 
missiles that are included in the ICP;
    (4) The nonproliferation credentials of the importing country;
    (5) Corporate commitment of the resources necessary to implement and 
maintain an adequate ICP;
    (6) Evidence of past licensing history of the applicant and 
consignees, and projected, continuous large volume exports and/or 
reexports;
    (7) Reliability of all parties;
    (8) Information on all parties' compliance with the provisions of 
the EAR; and
    (9) All parties' knowledge of the EAR.
    (e) Application processing time-frames. Upon receiving an SCL 
application, BIS may review the application for up to two weeks to 
determine whether the SCL application is complete. When all 
documentation requirements are met, BIS will register the application. 
After the date of registration, the SCL application will be processed 
according to the procedures described in part 750 of the EAR.