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318 Part 744—Control Policy: End- User and End-Use Based

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318 Part 744—Control Policy: End- User and End-Use Based § 743.2 15 CFR Ch. VII (1±1±00 Edition) this section. The reports shall cover ex- § 743.2 [Reserved] ports made during six month time peri- ods spanning from January 1 through SUPPLEMENT NO. 1 TO PART 743Ð June 30 and July 1 through December WASSENAAR ARRANGEMENT MEMBER 31. COUNTRIES (1) The first report must be sub- Argentina mitted to and received by BXA no later Australia than August 1, 1998 for the partial re- Austria porting period beginning January 15, Belgium 1998 and ending June 30, 1998. There- Bulgaria Canada after, reports are due according to the Czech Republic provisions of paragraphs (f)(2) and (f)(3) Denmark of this section. Finland (2) Reports for the reporting period France ending June 30 must be submitted to Germany and received by BXA no later than Au- Greece Hungary gust 1. Ireland (3) Reports for the reporting period Italy ending December 31 must be submitted Japan to and received by BXA no later than Luxembourg February 1. Netherlands (g) Mailing address and facsimile num- New Zealand Norway ber: (1) Two (2) copies of reports re- Poland quired under this section shall be deliv- Portugal ered to one of the following addresses. Romania BXA will not accept reports sent Russia C.O.D. Slovakia South Korea (i) For deliveries by U.S. postal serv- Spain ice: Sweden Switzerland Bureau of Export Administration, U.S. De- Turkey partment of Commerce, P.O. Box 273, Attn: Ukraine ``Wassenaar Reports'', Washington, D.C. United Kingdom 20044 United States (ii) For courier deliveries: [63 FR 55020, Oct. 14, 1998] Bureau of Export Administration, U.S. De- partment of Commerce, Attn: ``Wassenaar PART 744ÐCONTROL POLICY: END- Reports'', Room 2705, 14th Street and Penn- USER AND END-USE BASED sylvania Ave., N.W., Washington, D.C. 20230 (2) Reports may also be sent by fac- Sec. 744.1 General provisions. simile to: (202) 482±3345, Attn: 744.2 Restrictions on certain nuclear end- ``Wassenaar Reports''. uses. (h) Contacts. General information 744.3 Restrictions on certain missile end- concerning the Wassenaar Arrange- uses. ment and reporting obligations thereof 744.4 Restrictions on certain chemical and biological weapons end-uses. is available from the Office of Stra- 744.5 Restrictions on certain maritime nu- tegic Trade and Foreign Policy Con- clear propulsion end-uses. trols, Tel. (202) 482±0092, Fax: (202) 482± 744.6 Restrictions on certain activities of 4094. U.S. persons. 744.7 Restrictions on certain exports to and [63 FR 2458, Jan. 15, 1998, as amended at 63 for the use of certain foreign vessels or FR 55020, Oct. 14, 1998; 63 FR 72165, Dec. 31, aircraft. 1998; 64 FR 3214, Jan. 21, 1999; 64 FR 40110, 744.8 Restrictions on certain exports to all July 23, 1999; 64 FR 47105, Aug. 30, 1999] countries for Libyan aircraft. 318 VerDate 20<MAR>2000 12:47 Mar 21, 2000 Jkt 190045 PO 00000 Frm 00318 Fmt 8010 Sfmt 8010 Y:\SGML\190045T.XXX pfrm07 PsN: 190045T Bureau of Export Administration, Commerce § 744.2 744.9 Restrictions on technical assistance standards for export license applica- by U.S. persons with respect to tions submitted as required by these encryption items. sections. It should also be noted that 744.10 Restrictions on certain entities in Russia. part 764 of the EAR prohibits exports, 744.11 Restrictions on certain government, reexports and certain in-country trans- parastatal, and private entities in Paki- fers of items subject to the EAR to de- stan and India. nied parties. 744.12 Restrictions on certain military enti- (b) Steps. The following are steps you ties in Pakistan and India. should follow in using the provisions of 744.13 Restrictions on exports and certain this part: reexports to specially designated terror- ists. (1) Review end-use and end-user prohi- 744.14 Restrictions on exports and certain bitions. First, review each end-use and reexports to designated foreign terrorist end-user prohibition described in this organizations. part to learn the scope of these prohibi- SUPPLEMENT NO. 1 TO PART 744 [RESERVED] tions. SUPPLEMENT NO. 2 TO PART 744 [RESERVED] (2) Determine applicability. Second, de- SUPPLEMENT NO. 3 TO PART 744 ÐCOUNTRIES termine whether any of the end-use NOT SUBJECT TO CERTAIN NUCLEAR END- and end-user prohibitions described in USE RESTRICTIONS IN § 744.2(A) this part are applicable to your SUPPLEMENT NO. 4 TO PART 744 ÐENTITY LIST planned export, reexport, or other ac- AUTHORITY: 50 U.S.C. app. 2401 et seq.; 50 tivity. See Supplement No. 1 to part U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 732 for guidance. U.S.C. 2139a; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 (c) A list of entities is included in CFR, 1993 Comp., p. 608; E.O. 12924, 59 FR Supplement No. 4 to this part 744 of the 43437, 3 CFR, 1994 Comp., p. 917; E.O. 12938, 3 EAR (Entity List). Exporters are here- CFR, 1994 Comp., p. 950; E.O. 13026, 3 CFR, by informed that these entities are in- 1996 Comp., p. 228; Notice of August 13, 1997 eligible to receive any items subject to (62 FR 43629, August 15, 1997); Notice of Au- the EAR without a license to the ex- gust 13, 1998 (63 FR 44121). tent specified in the supplement. No SOURCE: 61 FR 12802, Mar. 25, 1996, unless License Exceptions are available for otherwise noted. exports or reexports to listed entities of specified items, except License Ex- § 744.1 General provisions. ceptions for items destined to listed In- (a) Introduction. In this part, ref- dian or Pakistani entities intended to erences to the EAR are references to 15 ensure the safety of civil aviation and CFR chapter VII, subchapter C. This safe operation of commercial passenger part contains prohibitions against ex- aircraft (see § 744.11(b) and § 744.12(b) of ports, reexports, and selected transfers this part). to certain end-users and end-uses as in- troduced under General Prohibition [61 FR 12802, Mar. 25, 1996, as amended at 62 FR 51370, Oct. 1, 1997; 63 FR 64324, Nov. 19, Four (Denial Orders) and prohibitions 1998] against exports or reexports to certain end-uses as introduced, under General § 744.2 Restrictions on certain nuclear Prohibition Five (End-use/End-users). end-uses. Sections 744.2, 744.3, 744.4, and 744.5 pro- (a) General prohibition. In addition to hibit exports and reexports of items the license requirements for items subject to the EAR to defined nuclear, specified on the CCL, you may not ex- missile, chemical and biological weap- port or reexport to any destination, ons, and nuclear maritime end-uses. other than countries in the Supple- Section 744.6 prohibits certain activi- ment No. 3 to this part, any item sub- ties by U.S. persons in support of cer- ject to the EAR without a license if at tain nuclear, missile, chemical, or bio- the time of the export or reexport you logical end-uses regardless of whether know 1 the item will be used directly or that support involves the export or re- export of items subject to the EAR. 1 Part 772 of the EAR defines ``knowledge'' Sections 744.7 and 744.8 prohibit exports for all of the EAR except part 760, Restric- and reexports of certain items for cer- tive Trade Practices and Boycotts. The defi- tain aircraft and vessels. In addition, nition, which includes variants such as these sections include license review Continued 319 VerDate 20<MAR>2000 12:47 Mar 21, 2000 Jkt 190045 PO 00000 Frm 00319 Fmt 8010 Sfmt 8010 Y:\SGML\190045T.XXX pfrm07 PsN: 190045T § 744.2 15 CFR Ch. VII (1±1±00 Edition) indirectly in any one or more of the opment, design, manufacture, con- following activities described in para- struction, operation or maintenance of graphs (a)(1), (a)(2), and (a)(3) of this any of the following facilities, or com- section: ponents for such facilities: 4 (1) Nuclear explosive activities. Nuclear (i) Facilities for the chemical proc- explosive activities, including research essing of irradiated special nuclear or on or development, design, manufac- source material; ture, construction, testing or mainte- (ii) Facilities for the production of nance of any nuclear explosive device, heavy water; or components or subsystems of such a (iii) Facilities for the separation of device.23 isotopes of source and special nuclear (2) Unsafeguarded nuclear activities. material; or Activities including research on, or de- (iv) Facilities for the fabrication of velopment, design, manufacture, con- nuclear reactor fuel containing pluto- struction, operation, or maintenance of nium. any nuclear reactor, critical facility, (b) Additional prohibition on exporters facility for the fabrication of nuclear or reexporters informed by BXA. BXA fuel, facility for the conversion of nu- may inform an exporter or reexporter, clear material from one chemical form either individually by specific notice or to another, or separate storage instal- through amendment to the EAR, that a lation, where there is no obligation to license is required for export or reex- accept International Atomic Energy port of specified items to specified end- Agency (IAEA) safeguards at the rel- users, because BXA has determined evant facility or installation when it that there is an unacceptable risk of contains any source or special fission- use in, or diversion to, any of the ac- able material (regardless of whether or tivities described in paragraph (a) of not it contains such material at the this section. Specific notice is to be time of export), or where any such obli- given only by, or at the direction of, gation is not met.
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