Table of Contents

Index

Commerce Office Addresses

Legal Authority

Part	730	General Information

730.1	What these regulations cover

730.2	Statutory authority

730.3	Dual use exports

730.4	Other control agencies and departments

730.5	Coverage of more than exports

730.6	Control purposes

730.7	License requirements and exceptions

730.8	How to proceed and where to get help

730.9	Organization of the Bureau of Industry and Security

730.10	Advisory information

Supplement No. 1 to Part 730;	Information Collection Requirements Under the Paperwork Reduction Act: OMB Control Numbers

Supplement No. 2 to Part 730;	Technical Advisory Committees

Supplement No. 3 to Part 730;	Other U.S. Government Departments and Agencies with Export Control	Responsibilities

Part	732	Steps For Using the EAR

732.1	Steps overview

732.2	Steps regarding scope of the EAR

732.3	Steps regarding the ten general prohibitions

732.4	Steps regarding License Exceptions

732.5	Steps regarding Shipper's Export Declaration or Automated Export System Record, Destination Control Statements, and Recordkeeping

732.6	Steps for other requirements

Supplement No. 1 to Part 732;	Decision Tree

Supplement No. 2 to Part 732;	Subject to the EAR?

Supplement No. 3 to Part 732;	BIS's "Know Your Customer" Guidance and Red Flags

Part	734	Scope of the Export Administration Regulations

734.1	Introduction

734.2	Important EAR terms and principles

734.3	Items subject to the EAR

734.4	De minimis U.S. content

734.5	Activities of U.S. and foreign persons subject to the EAR

734.6	Assistance available from BIS for determining licensing and other requirements

734.7	Published information and software

734.8	Information resulting from fundamental research

734.9	Educational information

734.10	Patent applications

734.11	Government-sponsored research covered by contract controls

734.12	Effect on foreign laws and regulations

Supplement No. 1 to Part 734;	Questions and Answers - Technology and Software Subject to the EAR

Supplement No. 2 to Part 734; Guidelines for De Minimis Rules

Part	736	General Prohibitions

736.1	Introduction

736.2	General prohibitions and determination of applicability

Supplement No. 1 to Part 736;	General Orders

Supplement No. 2 to Part 736;	Administrative Orders

Part	738	Commerce Control List Overview and the Country Chart

738.1	Introduction

738.2	Commerce Control List (CCL) structure

738.3	Commerce Country Chart structure

738.4	Determining whether a license is required

Supplement No. 1 to Part 738;	Commerce Country Chart

Part	740	License Exceptions

740.1	Introduction

740.2	Restrictions on all License Exceptions

740.3	Shipments of limited value (LVS)

740.4	Shipments to Country Group B countries (GBS)

740.5	Civil end-users (CIV)

740.6	Technology and software under restriction (TSR)

740.7	Computers (APP)

740.8	[RESERVED]

740.9	Temporary imports, exports, and reexports (TMP)

740.10	Servicing and replacement of parts and equipment (RPL)

740.11	Governments, international organizations, and international inspections under the Chemical Weapons Convention (GOV)

740.12	Gift parcels and humanitarian donations (GFT)

740.13	Technology and software - unrestricted (TSU)

740.14	Baggage (BAG)

740.15	Aircraft and vessels (AVS)

740.16	Additional permissive reexports (APR)

740.17	Encryption commodities, software, and technology (ENC)

740.18	Agricultural commodities (AGR)

Supplement No. 1 to Section 740.11; Additional restrictions on use of License Exception GOV

Supplement No. 1 to Part 740;	Country Groups

Supplement No. 2 to Part 740;	Items that may be Donated to Meet Basic Human Needs Under the Humanitarian License Exception

Supplement No. 3 to Part 740; License Exception ENC Favorable Treatment Countries

Part	742	Control Policy – CCL Based Controls

742.1	Introduction

742.2	Proliferation of chemical and biological weapons

742.3	Nuclear nonproliferation

742.4	National security

742.5	Missile technology

742.6	Regional stability

742.7	Crime control

742.8	Anti-Terrorism: Iran

742.9	Anti-Terrorism: Syria

742.10	Anti-Terrorism: Sudan

742.11	Specially designed implements of torture, thumbscrews, and thumbcuffs; and parts and accessories, n.e.s.

742.12	[RESERVED]

742.13	Communications intercepting devices

742.14	Significant items: Hot section technology for the development, production or overhaul of commercial aircraft engines, components, and systems

742.15	Encryption items

742.16	[RESERVED]

742.17	Exports of firearms to OAS member countries

742.18	Chemical Weapons Convention (CWC or Convention)

742.19	Anti-terrorism: North Korea

Supplement No. 1 to Part 742;	Nonproliferation of Chemical and Biological Weapons

Supplement No. 2 to Part 742;	Anti-terrorism Controls: North Korea, Syria and Sudan Contract Sanctity Dates and Related Policies

Supplement No. 3 to Part 742;	[RESERVED]

Supplement No. 4 to Part 742; [RESERVED]

Supplement No. 5 to Part 742;	Checklist on Encryption and Other "Information Security" Functions

Supplement No. 6 to Part 742;	Guidelines for Submitting Review Requests for Encryption Items

Supplement No. 7 to Part 742;	Description of Major Weapons Systems

Part	743	Special Reporting

743.1	Wassenaar Arrangement

743.2	High performance computers: post shipment verification reporting

Supplement No. 1 to Part 743;	Wassenaar Arrangement Participating States

Part	744	Control Policy: End-user and End-use Based

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	Restrictions on exports and reexports to persons designated pursuant to Executive Order 13382 – Blocking Property of Weapons of Mass Destruction Proliferators and Their Supporters

744.9	[RESERVED]

744.10	Restrictions on certain entities in Russia

744.11	License requirements that apply to entities acting contrary to national security or foreign policy interests of the United States

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 Terrorists) (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	Procedures for requesting removal or modification of an Entity List Entity

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

744.21	Restrictions on certain military end-uses in the People's Republic of China (PRC).

744.22	Restrictions on Exports, Reexports and Transfers to Persons Whose Property

and Interests in Property Are Blocked Pursuant to Executive Orders

13310, 13448 or 13464

Supplement No. 1 to Part 744;	Military End-use Examples for §744.17

Supplement No. 2 to Part 744;	List of Items Subject to the Military End-use License Requirement of §744.21

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

Supplement No. 5 to Part 744; Procedures for End-User Review Committee Entity List Decisions

Part	745	Chemical Weapons Convention Requirements

745.1	Advance notification and annual report of all exports of Schedule 1 chemicals to other States Parties

745.2	End-Use Certificate reporting requirements under the Chemical Weapons Convention

Supplement No. 1 to Part 745;	Schedules of Chemicals

Supplement No. 2 to Part 745;	States Parties to the Convention on the Prohibition of the Development, Production, Stockpiling, and Use of Chemical Weapons and on Their Destruction

Supplement No. 3 to Part 745;	Foreign Authorized Agencies Responsible for Issuing End-Use Certificates Pursuant to §745.2

Part	746	Embargoes and Other Special Controls

746.1	Introduction

746.2	Cuba

746.3	Iraq

746.4	North Korea

746.5	[RESERVED]

746.6	[RESERVED]

746.7	Iran

746.8	Rwanda

746.9	Syria

Supplement No. 1 to Part 746;	Examples of luxury goods

Supplement No. 2 to Part 746;	[RESERVED]

Supplement No. 3 to Part 746;	[RESERVED]

Part 747	Special Iraq Reconstruction License

747.1	Scope

747.2	Eligibility requirements

747.3	Eligible Items

747.4	Steps you must follow to apply for a SIRL

747.5	SIRL application review process

Part	748	Applications (Classification, Advisory, and License) and Documentation

748.1	General provisions

748.2	Obtaining forms; mailing addresses

748.3	Classification Requests, Advisory Opinions, and Encryption Review Requests

748.4	Basic guidance related to applying for a license

748.5	Parties to the transaction

748.6	General instructions for license applications

748.7	Applying electronically for a license or classification request

748.8	Unique license application and submission requirements

748.9	Support documents for license applications

748.10	Import Certificates and End-user Statements

748.11	Statement by Ultimate Consignee and Purchaser

748.12	Special provisions for support documents

748.13	Delivery Verification (DV)

748.14	Import Certificate for firearms destined for Organization of American States member countries

748.15	Authorization Validated End-user (VEU)

Supplement No. 1 to Part 748;	BIS-748P; BIS-748P-A: Item Appendix, and BIS-748P-B: End-User Appendix; Multipurpose Application Instructions

Supplement No. 2 to Part 748; Unique Application and Submission Requirements

Supplement No. 3 to Part 748;	BIS-711, Statement by Ultimate Consignee and Purchaser Instructions

Supplement No. 4 to Part 748;	Authorities Administering Import Certificate/ Delivery Verification (IC/DV) and End-User Statement Systems in Foreign Countries

Supplement No. 5 to Part 748;	U.S. Import Certificate and Delivery Verification Procedure

Supplement No. 6 to Part 748;	Authorities issuing Import Certificates under the Firearms Convention [RESERVED]

Supplement No. 7 to Part 748;	Authorization Validated End-user (VEU): List of Validated End-Users, Respective Eligible Items for export, reexport and transfer, and Eligible Destinations

Supplement No. 8 to Part 748;	Information Required in Requests for Validated End-User (VEU) Authorization

Supplement No. 9 to Part 748;	End-User Review Committee Procedures

Part	750	Application Processing, Issuance, and/or Denial

750.1	Scope

750.2	Processing of Classification Requests and Advisory Opinions

750.3	Review of license applications by BIS and other government agencies and departments

750.4	Procedures for processing license applications

750.5	Status on pending applications and other requests

750.6	Denial of license applications

750.7	Issuance of licenses

750.8	Revocation or suspension of licenses

750.9	Duplicate licenses

750.10	Transfer of licenses for exports

750.11	Shipping tolerances

Part	752	Special Comprehensive License

752.1	Scope

752.2	Eligible activities

752.3	Eligible items

752.4	Eligible countries

752.5	Steps you must follow to apply for an SCL

752.6	Reexports

752.7	Direct shipment to customers

752.8	SCL application review process

752.9	Action on SCL applications

752.10	Changes to the SCL

752.11	Internal Control Programs

752.12	Recordkeeping requirements

752.13	Inspection of records

752.14	System reviews

752.15	Export clearance

752.16	Administrative actions

752.17	BIS address

Supplement No. 1 to Part 752;	Instructions for Completing Form BIS-748P, "Multipurpose Application", for Requests for Special Comprehensive Licenses

Supplement No. 2 to Part 752;	Instructions for Completing Form BIS-748P-A, "Item Annex"

Supplement No. 3 to Part 752;	Instructions for Completing Form BIS-752, "Statement by Consignee in Support of Special Comprehensive License"

Supplement No. 4 to Part 752;	Instructions for Completing Form BIS-752-A, "Reexport Territories"

Supplement No. 5 to Part 752;	Instructions for Completing Form BIS-748P-B, "End-User Appendix"

Part	754	Short Supply Controls

754.1	Introduction

754.2	Crude oil

754.3	Petroleum products not including crude oil

754.4	Unprocessed western red cedar

754.5	Horses for export by sea

754.6	Registration of U.S. agricultural commodities for exemption from short supply limitations on export

754.7	Petitions for the imposition of monitoring or controls on recyclable metallic materials; Public hearings

Supplement No. 1 to Part 754;	Petroleum and Petroleum Products

Supplement No. 2 to Part 754;	Unprocessed Western Red Cedar

Supplement No. 3 to Part 754;	Statutory Provisions Dealing with Exports of Crude Oil

Part	756	Appeals

756.1	Introduction

756.2	Appeal from an administrative action

Part	758	Export Clearance Requirements

758.1	The Shipper's Export Declaration (SED) or Automated Export System (AES) record

758.2	Automated Export System (AES)

758.3	Responsibilities of parties to the transaction

758.4	Use of export license

758.5	Conformity of documents and unloading of items

758.6	Destination control statement

758.7	Authority of the Office of Export Enforcement, the Bureau of Industry and Security, Customs offices and Postmasters in clearing shipments

758.8	Return or unloading of cargo at direction of BIS, the Office of Export Enforcement or Customs Service

758.9	Other applicable laws and regulations

Part	760	Restrictive Trade Practices or Boycotts

760.1	Definitions

760.2	Prohibitions

760.3	Exception to prohibitions

760.4	Evasion

760.5	Reporting requirements

Supplement Nos. 1-16; Interpretations

Part	762	Recordkeeping

762.1	Scope

762.2	Records to be retained

762.3	Records exempt from recordkeeping requirements

762.4	Original records required

762.5	Reproduction of original records

762.6	Period of retention

762.7	Producing and inspecting records

Part	764	Enforcement and Protective Measures

764.1	Introduction

764.2	Violations

764.3	Sanctions

764.4	Reporting of violations

764.5	Voluntary self-disclosure

764.6	Protective administrative measures

764.7	Activities involving items that may have been illegally exported or reexported to Libya

764.8	Voluntary self-disclosures for boycott provisions

Supplement No. 1 to Part 764;	Standard Terms of Orders Denying Export Privileges

Part	766	Administrative Enforcement Proceedings

766.1	Scope

766.2	Definitions

766.3	Institution of administrative enforcement proceedings

766.4	Representation

766.5	Filing and service of papers other than charging letter

766.6	Answer and demand for hearing

766.7	Default

766.8	Summary decision

766.9	Discovery

766.10	Subpoenas

766.11	Matter protected against disclosure

766.12	Prehearing conference

766.13	Hearings

766.14	Interlocutory review of rulings

766.15	Proceeding without a hearing

766.16	Procedural stipulations; extension of time

766.17	Decision of the administrative law judge

766.18	Settlement

766.19	Reopening

766.20	Record for decision and availability of documents

766.21	Appeals

766.22	Review by Under Secretary

766.23	Related persons

766.24	Temporary denials

766.25	Administrative action denying export privileges

Supplement No. 1 to part 766;	Guidance on Charging and Penalty Determinations in Settlement of
Administrative Enforcement Cases

Supplement No. 2 to part 766;	Guidance on Charging and Penalty Determinations in Settlement of Administrative Enforcement Cases Involving Antiboycott Matters

Part	768	Foreign Availability Determination Procedures and Criteria

768.1	Introduction

768.2	Foreign availability described

768.3	Foreign availability assessment

768.4	Initiation of an assessment

768.5	Contents of foreign availability submissions and Technical Advisory Committee certifications

768.6	Criteria

768.7	Procedures

768.8	Eligibility of expedited licensing procedures for non-controlled countries

768.9	Appeals of negative foreign availability determinations

768.10	Removal of controls on less sophisticated items

Supplement No. 1 to Part 768;	Evidence of Foreign Availability

Supplement No. 2 to Part 768;	Items Eligible for Expedited Licensing Procedures [RESERVED]

Part	770	Interpretations

770.1	Introduction

770.2	Item interpretations

770.3	Interpretations related to exports of technology and software to destinations in Country Group D:1

Part	772	Definitions of Terms

772.1	Definitions of terms as used in the Export Administration Regulations (EAR)

Part	774	The Commerce Control List

774.1	Introduction

774.2	[RESERVED]

Supplement No. 1 to Part 774;	The Commerce Control List

Category 0 - Nuclear Materials, Facilities & Equipment (and Miscellaneous Items)

Category 1 - Materials, Chemicals, "Microorganisms", and Toxins

Category 2 - Materials Processing

Category 3 - Electronics

Category 4 - Computers

Category 5 (Part 1) - Telecommunications

Category 5 (Part 2) - Information Security

Category 6 - Sensors and Lasers

Category 7 - Navigation and Avionics

Category 8 - Marine

Category 9 - Aerospace and Propulsion

Supplement No. 2 to Part 774;	General Technology and Software Notes

Supplement No. 3 to Part 774;	Statements of Understanding

Forms Supplement

Form BIS-621P, Report of Request for Restrictive Trade Practice or Boycott Single Transaction

Form BIS-645P/ATF-4522/DSP-53, International Import Certificate

Form BIS-647P, Delivery Verification Certificate

Form BIS-648P, Notification of Delivery Verification Requirement

Form BIS-648P, Instructions for Fulfilling DV Requirement

Form BIS-711, Statement by Ultimate consignee and Purchaser

Form BIS-748P, Multipurpose Application Form

Form BIS-748P, Instructions for filling out the Multipurpose Application Form page 1

Form BIS-748P, Instructions for filling out the Multipurpose Application Form page 2

Export License (sample)

Form BIS-748P-A, Item Appendix

Form BIS-748P-B, End-User Appendix

Form BIS-752, Statement by Consignee in Support of Special Comprehensive License

Form BIS-752-A, Reexport Territories

Form BIS-6051P, Report of Request for Restrictive Trade Practice or Boycott Multiple Transactions

Form BIS-6051P, Continuation sheet for: Report of Request for Restrictive Trade Practice or Boycott Multiple

Transactions

ENG Form 7513, Shipper's Export Declaration for In-Transit Goods

Form 7525-V, Shipper's Export Declaration

Form 7525-V, Continuation form for: Shipper's Export Declaration

Power-of-Attorney Forms