379 Part 744—Control Policy: End- User and End-Use Based
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Bureau of Industry and Security, Commerce Pt. 744 section. The reports shall cover exports (c) BIS will notify Congress prior to made during twelve month time peri- issuing a license authorizing the export ods from January 1 through December of items to a country listed in Country 31. Group A:5 (see Supplement No.1 to part (i) The first report must be submitted 740 of the EAR) that are sold under a to and received by BIS no later than contract that includes $25,000,000 or 180 days after the effective date of the more of ‘‘600 Series Major Defense rule that revises paragraph (c)(1) of Equipment.’’ this section to add the ECCN for the (d) In addition to information re- item being reported. Thereafter, re- quired on the application, the exporter ports are due according to the provi- must include a copy of the signed con- sions of paragraph (f)(2) of this section. tract (including a statement of the (ii) Reports for the reporting period value of the ‘‘600 Series Major Defense ending December 31 must be submitted Equipment’’ items to be exported under to and received by BIS no later than the contract) for any proposed export February 1. described in paragraphs (b) or (c) of (g) Submission of reports. Information this section. should be submitted in the form of a (e) Address. Munitions Control Divi- spreadsheet and emailed to sion at [email protected]. [email protected] or [78 FR 22722, Apr. 16, 2013] [email protected]. (h) Contacts. General information SUPPLEMENT NO. 1 TO PART 743— concerning the Wassenaar Arrange- WASSENAAR ARRANGEMENT PARTICI- ment and reporting obligations thereof PATING STATES is available from the Office of National Security and Technology Transfer Con- Argentina Malta trols, Tel. (202) 482–0092, Fax: (202) 482– Australia Mexico 4094. Austria Netherlands Belgium New Zealand [78 FR 22722, Apr. 16, 2013, as amended at 80 Bulgaria Norway FR 51730, Aug. 26, 2015] Canada Poland Croatia Portugal § 743.5 Prior notifications to Congress Czech Republic Romania Denmark of Exports of ‘‘600 Series Major De- Russia Estonia fense Equipment.’’ Slovakia Finland (a) General requirement. Applications Slovenia France to export items on the Commerce Con- Germany South Africa trol List that are ‘‘600 Series Major De- Greece South Korea fense Equipment’’ will be notified to Hungary Spain Congress as provided in this section be- Ireland Sweden fore licenses for such items are issued. Italy Switzerland (1) Exports of ‘‘600 Series Major De- Japan Turkey fense Equipment’’ to U.S. Government Latvia Ukraine end users under License Exception Lithuania United Kingdom Luxembourg United States GOV (§ 740.11(b) of the EAR) do not re- quire such notification. [63 FR 55020, Oct. 14, 1998, as amended at 70 (2) Exports of ‘‘600 Series Major De- FR 41102, July 15, 2005; 71 FR 52964; Sept. 7, fense Equipment’’ that have been or 2006; 77 FR 39369, July 2, 2012] will be described in a notification filed by the U.S. State Department under PART 744—CONTROL POLICY: END- the Arms Export Control Act do not re- USER AND END-USE BASED quire such notification by BIS. (b) BIS will notify Congress prior to Sec. issuing a license authorizing the export 744.1 General provisions. of items to a country outside the coun- 744.2 Restrictions on certain nuclear end- tries listed in Country Group A:5 (see uses. 744.3 Restrictions on Certain Rocket Sys- Supplement No.1 to part 740 of the tems (including ballistic missile systems EAR) that are sold under a contract and space launch vehicles and sounding that includes $14,000,000 or more of ‘‘600 rockets) and Unmanned Air Vehicles (in- Series Major Defense Equipment.’’ cluding cruise missile systems, target 379 VerDate Sep<11>2014 16:54 Feb 03, 2016 Jkt 238052 PO 00000 Frm 00389 Fmt 8010 Sfmt 8010 Q:\15\15V2.TXT 31 lpowell on DSK54DXVN1OFR with $$_JOB § 744.1 15 CFR Ch. VII (1–1–16 Edition) drones and reconnaissance drones) End- SUPPLEMENT NO. 2 TO PART 744—LIST OF Uses. ITEMS SUBJECT TO THE MILITARY END-USE 744.4 Restrictions on certain chemical and LICENSE REQUIREMENT OF § 744.21 biological weapons end-uses. SUPPLEMENT NO. 3 TO PART 744—COUNTRIES 744.5 Restrictions on certain maritime nu- NOT SUBJECT TO CERTAIN NUCLEAR END- clear propulsion end-uses. USE RESTRICTIONS IN § 744.2(a) 744.6 Restrictions on certain activities of SUPPLEMENT NO. 4 TO PART 744—ENTITY LIST U.S. persons. SUPPLEMENT NO. 5 TO PART 744—PROCEDURES 744.7 Restrictions on certain exports to and FOR END-USER REVIEW COMMITTEE ENTITY for the use of certain foreign vessels or LIST DECISIONS aircraft. SUPPLEMENT NO. 6 TO PART 744—UNVERIFIED 744.8 Restrictions on exports and reexports LIST to persons designated pursuant to Execu- tive Order 13382—Blocking Property of AUTHORITY: 50 U.S.C. app. 2401 et seq.; 50 Weapons of Mass Destruction U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 Proliferators and Their Supporters. U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR, 1978 744.9 Restrictions on certain exports and re- Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR, exports of cameras controlled by ECCNs 1993 Comp., p. 608; E.O. 12938, 59 FR 59099, 3 6A003.b.3, 6A003.b.4.b, or 6A003.b.4.c. CFR, 1994 Comp., p. 950; E.O. 12947, 60 FR 744.10 Restrictions on certain entities in 5079, 3 CFR, 1995 Comp., p. 356; E.O. 13026, 61 Russia. FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 744.11 License requirements that apply to 13099, 63 FR 45167, 3 CFR, 1998 Comp., p. 208; entities acting contrary to the national E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. security or foreign policy interests of the 783; E.O. 13224, 66 FR 49079, 3 CFR, 2001 United States. Comp., p. 786; Notice of January 21, 2015, 80 744.12 Restrictions on exports and reexports FR 3461 (January 22, 2015); Notice of August to persons designated in or pursuant to 7, 2015, 80 FR 48233 (August 11, 2015); Notice of Executive Order 13224 (Specially Des- September 18, 2015, 80 FR 57281 (September ignated Global Terrorist) (SDGT). 22, 2015); Notice of November 12, 2015, 80 FR 744.13 Restrictions on exports and reexports 70667 (November 13, 2015). to persons designated pursuant to Execu- tive Order 12947 (Specially Designated SOURCE: 61 FR 12802, Mar. 25, 1996, unless Terrorist) (SDT). otherwise noted. 744.14 Restrictions on exports and reexports to designated Foreign Terrorist Organi- § 744.1 General provisions. zations (FTOs). (a)(1) Introduction. In this part, ref- 744.15 Restrictions on exports, reexports erences to the EAR are references to 15 and transfers (in-country) to persons list- ed on the unverified list. CFR chapter VII, subchapter C. This 744.16 Procedure for requesting removal or part contains prohibitions against ex- modification of an Entity List entity. ports, reexports, and selected transfers 744.17 Restrictions on certain exports, reex- to certain end-users and end-uses as in- ports and transfers (in-country) of micro- troduced under General Prohibition processors and associated ‘‘software’’ and Five (End-use/End-users) and Nine (Or- ‘‘technology’’ for ‘‘military end uses’’ ders, Terms, and Conditions), unless and to ‘‘military end users.’’ authorized by BIS. Sections 744.2, 744.3, 744.18 Restrictions on exports, reexports, 744.4 prohibit exports, reexports and and transfers to persons designated in or pursuant to Executive Order 13315. transfers (in-country) of items subject 744.19 Licensing policy regarding persons to the EAR to defined nuclear, missile, sanctioned pursuant to specified stat- and chemical and biological prolifera- utes. tion activities. Section 744.5 prohibits 744.20 License requirements that apply to exports, reexports and transfers (in- certain sanctioned entities. country) of items subject to the EAR 744.21 Restrictions on certain ’Military end to defined nuclear maritime end-uses. uses’ in the People’s Republic of China Section 744.6 prohibits certain activi- (PRC) or for a ’Military end use’ or ’Mili- ties by U.S. persons in support of cer- tary end user’ in Russia or Venezuela. 744.22 Restrictions on exports, reexports tain nuclear, missile, chemical, or bio- and transfers to persons whose property logical end-uses. Section 744.7 prohibits and interests in property are blocked exports and reexports of certain items pursuant to Executive Orders 13310, 13448 for certain aircraft and vessels. Section or 13464. 744.8 prohibits exports and reexports SUPPLEMENT NO. 1 TO PART 744—MILITARY without authorization to certain par- END-USE EXAMPLES FOR § 744.17 ties who have been designated as 380 VerDate Sep<11>2014 16:54 Feb 03, 2016 Jkt 238052 PO 00000 Frm 00390 Fmt 8010 Sfmt 8010 Q:\15\15V2.TXT 31 lpowell on DSK54DXVN1OFR with $$_JOB Bureau of Industry and Security, Commerce § 744.1 proliferators of weapons of mass de- reexports and transfers to persons struction or as supporters of such whose property and interests in prop- proliferators pursuant to Executive erty are blocked pursuant to Executive Order 13382. Section 744.10 prohibits ex- Orders 13310, 13448, or 13464. ports and reexports of any item subject (2) If controls set forth under more to the EAR to Russian entities, in- than one section of part 744 apply to a cluded in Supplement No. 4 of this person, the license requirements for part. Section 744.11 imposes license re- such a person will be determined based quirements, to the extent specified in on the requirements of all applicable Supplement No.