[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: 15CFR752.9]

[Page 411-412]
 
                  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. 752.9  Action on SCL applications.

    (a) Approval of SCL applications--(1) Validity period. SCLs are 
valid for four years from the date of approval.
    (2) Extension of validity period. You may request an extension of 
your valid SCL for an additional four years, but such requests must be 
received by BIS at least 30 days prior to the expiration of your SCL. If 
approved, Form BIS-748P and your letter requesting an extension will be 
validated and returned to you, extending the validity period for four 
years. No further extensions will be approved. A new application and 
support documentation is required at the end of that eight-year period. 
To apply for an extension, complete Form BIS-748P by completing Blocks 
1, 2, 3, and 4. In addition, mark ``Special Comprehensive License'' in 
Block 5, place an ``x'' in ``Letter of Explanation'' in Block 6, and 
mark ``other'' in Block 8. Include your SCL number in Block 9, and 
indicate in Block 24 that you are requesting an extension to your SCL. 
Submit the completed Form BIS-748P and a statement on your company 
letterhead indicating:
    (i) That you continue to abide by the provisions and conditions of 
the SCL; and
    (ii) Any changes to the original SCL that you are requesting (see 
Sec. 752.10 of this part for procedures on changed circumstances).
    (3) Support documentation--(i) General information. BIS will 
validate all approved support documentation with the Department of 
Commerce seal and date of validation.
    (ii) Form BIS-752, Form BIS-752-A, and Form BIS-748P-B. With the 
approved SCL, you will receive two validated copies of each approved 
Form BIS-752, Statement by Consignee in Support of Special Comprehensive 
License and, if applicable, Form BIS-752-A, Reexport Territories, and 
Form BIS-748P-B, End-User Appendix. You must retain one copy, and send 
one copy to the approved consignee. You must also attach a letter to 
each approved Form BIS-752 that includes each of the following elements:
    (A) A description of all recordkeeping requirements of the EAR 
applicable to the activities of the consignee;
    (B) Information on any applicable reexport restrictions on items 
received by the consignee under the SCL;
    (C) A description or copy of Sec. 752.16 of this part, listing 
administrative actions that may be taken for improper use of, or failure 
to comply with, the SCL and its required procedures;
    (D) A description of any special conditions or restrictions on the 
license applicable to the consignee, including approved lists of 
customers, countries, and items, when required;
    (E) A description of the elements of the SCL holder's ICP relevant 
to the SCL consignee;

[[Page 412]]

    (F) A copy of the high risk customer profile contained in 
Sec. 752.11(c)(13)(i) of this part, when required;
    (G) A copy of the Denied Persons List currently in effect and 
notification that you will send the consignee regular updates to this 
list;
    (H) A notice that the consignee, in addition to other requirements, 
may not sell or otherwise dispose of any U.S. origin items when it knows 
that the items will be used in the activities prohibited by part 744 of 
the EAR;
    (I) A requirement that the consignee acknowledge, in writing, 
receipt of this letter of transmittal outlining their obligations under 
the SCL, and certify that it will comply with all of the requirements, 
including implementation of an ICP if required by Sec. 752.11 of this 
part; and
    (J) A description of any special documentation requirements for 
consignees reexporting items to destinations having such requirements.
    (4) Special license conditions. BIS may place special conditions on 
your SCL, such as restrictions on eligible items, countries, end-uses, 
end-users or activities, or a requirement that certain sales or 
transfers of items under the SCL are subject to prior reporting to BIS. 
Such special conditions will be listed on your SCL or in a letter from 
BIS to the SCL holder. You must inform all relevant consignees of all 
license conditions prior to making any shipments under the SCL.
    (b) Denial of SCL applications. (1) If BIS intends to deny your SCL 
application, you will be notified and have opportunity to respond 
according to the procedures in Sec. 750.6 of the EAR.
    (2) BIS may at any time prohibit the sale or transfer of items under 
the SCL to specified individuals, companies, or countries. In such 
cases, the SCL holder must inform all consignees, and apply for a 
license described in part 748 of the EAR for subsequent transactions 
with such excluded parties.
    (3) If a consignee is not approved, Form BIS-752 will be returned to 
the SCL holder with a letter explaining the reason for denial.
    (4) If a particular destination is not approved, it will be removed 
from the appropriate Form BIS-752-A.
    (c) Return without action. BIS may determine to return the SCL 
application without action. Under such circumstances, the application 
and all related documents will be returned to you along with a letter 
stating the reason for return of the license application, explaining the 
deficiencies or additional information required for reconsideration, or 
advising you to apply for a license described in part 748 of the EAR. 
BIS may return your entire application or merely documents pertaining to 
a specific consignee request.

[61 FR 12835, Mar. 25, 1996, as amended at 62 FR 25464, May 9, 1997]