Pt. 743, Supp. No. 1 15 CFR Ch. VII (1–1–19 Edition) that includes $14,000,000 or more of ‘‘600 launch vehicles and sounding rockets) Series Major Defense Equipment.’’ and unmanned aerial vehicles (including (c) BIS will notify Congress prior to cruise missiles, target drones and recon- issuing a license authorizing the export naissance drones) end-uses. of items to a country listed in Country 744.4 Restrictions on certain chemical and biological weapons end-uses. Group A:5 (see supplement no. 1 to part 744.5 Restrictions on certain maritime nu- 740 of the EAR) that are sold under a clear propulsion end-uses. contract that includes $25,000,000 or 744.6 Restrictions on certain activities of more of ‘‘600 Series Major Defense U.S. persons. Equipment.’’ 744.7 Restrictions on certain exports to and (d) In addition to information re- for the use of certain foreign vessels or quired on the application, the exporter aircraft. must include a copy of the signed con- 744.8 Restrictions on exports and reexports tract (including a statement of the to persons designated pursuant to Execu- value of the ‘‘600 Series Major Defense tive Order 13382—Blocking Property of Weapons of Mass Destruction Equipment’’ items to be exported under Proliferators and Their Supporters. the contract) for any proposed export 744.9 Restrictions on exports, reexports, and described in paragraphs (b) or (c) of transfers (in-country) of certain cameras, this section. systems, or related components. (e) Address. Munitions Control Divi- 744.10 Restrictions on certain entities in sion at [email protected]. Russia. 744.11 License requirements that apply to [78 FR 22722, Apr. 16, 2013] entities acting contrary to the national security or foreign policy interests of the SUPPLEMENT NO. 1 TO PART 743— United States. WASSENAAR ARRANGEMENT PARTICI- 744.12 Restrictions on exports and reexports PATING STATES to persons designated in or pursuant to Executive Order 13224 (Specially Des- Argentina Luxembourg ignated Global Terrorist) (SDGT). Australia Malta 744.13 Restrictions on exports and reexports Austria Mexico to persons designated pursuant to Execu- Belgium Netherlands tive Order 12947 (Specially Designated Bulgaria New Zealand Terrorist) (SDT). Canada Norway Croatia Poland 744.14 Restrictions on exports and reexports Czech Republic Portugal to designated Foreign Terrorist Organi- Denmark Romania zations (FTOs). Estonia Russia 744.15 Restrictions on exports, reexports Finland Slovakia and transfers (in-country) to persons list- France Slovenia ed on the unverified list. Germany South Africa 744.16 Entity List. Greece South Korea 744.17 Restrictions on certain exports, reex- Hungary Spain ports and transfers (in-country) of micro- India Sweden processors and associated ‘‘software’’ and Ireland Switzerland ‘‘technology’’ for ‘‘military end uses’’ Italy Turkey and to ‘‘military end users.’’ Japan Ukraine 744.18 Restrictions on exports, reexports, Latvia United Kingdom and transfers to persons designated in or Lithuania United States pursuant to Executive Order 13315. 744.19 Licensing policy regarding persons [63 FR 55020, Oct. 14, 1998, as amended at 70 sanctioned pursuant to specified stat- FR 41102, July 15, 2005; 71 FR 52964; Sept. 7, utes. 2006; 77 FR 39369, July 2, 2012; 83 FR 38021, 744.20 License requirements that apply to Aug. 3, 2018] certain sanctioned entities. 744.21 Restrictions on certain ’Military end PART 744—CONTROL POLICY: END- uses’ in the People’s Republic of China USER AND END-USE BASED (PRC) or for a ’Military end use’ or ’Mili- tary end user’ in Russia or Venezuela. Sec. 744.22 [Reserved] 744.1 General provisions. SUPPLEMENT NO. 1 TO PART 744—MILITARY 744.2 Restrictions on certain nuclear end- END-USE EXAMPLES FOR § 744.17 uses. SUPPLEMENT NO. 2 TO PART 744—LIST OF 744.3 Restrictions on certain rocket systems ITEMS SUBJECT TO THE MILITARY END-USE (including ballistic missiles, space LICENSE REQUIREMENT OF § 744.21 388 VerDate Sep<11>2014 17:10 Apr 03, 2019 Jkt 247052 PO 00000 Frm 00398 Fmt 8010 Sfmt 8010 Q:\15\247052.XXX PC31 kpayne on VMOFRWIN702 with $$_JOB Bureau of Industry and Security, Commerce § 744.1 SUPPLEMENT NO. 3 TO PART 744—COUNTRIES Order 13382. Section 744.10 prohibits ex- NOT SUBJECT TO CERTAIN NUCLEAR END- ports and reexports of any item subject USE RESTRICTIONS IN § 744.2(a) to the EAR to Russian entities, in- SUPPLEMENT NO. 4 TO PART 744—ENTITY LIST cluded in supplement no. 4 of this part. SUPPLEMENT NO. 5 TO PART 744—PROCEDURES FOR END-USER REVIEW COMMITTEE ENTITY Section 744.11 imposes license require- LIST DECISIONS ments, to the extent specified in sup- SUPPLEMENT NO. 6 TO PART 744—UNVERIFIED plement no. 4 to this part on entities LIST listed in supplement no. 4 to this part AUTHORITY: Pub. L. 115–232, Title XVII, for activities contrary to the national Subtitle B. 50 U.S.C. 4601 et seq.; 50 U.S.C. security or foreign policy interests of 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. the United States. Sections 744.12, 2139a; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; 744.13 and 744.14 prohibit exports and E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. reexports of any item subject to the 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 EAR to persons designated as Specially Comp., p. 608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 12947, 60 FR 5079, 3 Designated Global Terrorists, Specially CFR, 1995 Comp., p. 356; E.O. 13026, 61 FR Designated Terrorists, or Foreign Ter- 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13099, 63 rorist Organizations, respectively. Sec- FR 45167, 3 CFR, 1998 Comp., p. 208; E.O. tion 744.15 sets forth the conditions for 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; exports, reexports, and transfers (in- E.O. 13224, 66 FR 49079, 3 CFR, 2001 Comp., p. country) to persons listed on the 786; Notice of September 18, 2017, 82 FR 43825 Unverified List (UVL) in supplement (September 19, 2017); Notice of November 6, 2017, 82 FR 51971 (November 8, 2017); Notice of no. 6 of this part, the criteria for revis- January 17, 2018, 83 FR 2731 (January 18, ing the UVL, as well as procedures for 2018); Notice of August 8, 2018, 83 FR 39871 requesting removal or modification of (August 13, 2018). a listing on the UVL. Section 744.16 SOURCE: 61 FR 12802, Mar. 25, 1996, unless sets forth the license requirements, otherwise noted. policies and procedures for the Entity List. Section 744.19 sets forth BIS’s li- § 744.1 General provisions. censing policy for applications for ex- (a)(1) Introduction. In this part, ref- ports or reexports when a party to the erences to the EAR are references to 15 transaction is an entity that has been CFR chapter VII, subchapter C. This sanctioned pursuant to any of three part contains prohibitions against ex- specified statutes that require certain ports, reexports, and selected transfers license applications to be denied. Sec- to certain end-users and end-uses as in- tion 744.20 requires a license, to the ex- troduced under General Prohibition tent specified in supplement no. 4 to Five (End-use/End-users) and Nine (Or- this part, for exports and reexports of ders, Terms, and Conditions), unless items subject to the EAR destined to authorized by BIS. Sections 744.2, 744.3, certain sanctioned entities listed in 744.4 prohibit exports, reexports and supplement no. 4 to this part. In addi- transfers (in-country) of items subject tion, these sections include license re- to the EAR to defined nuclear, missile, view standards for export license appli- and chemical and biological prolifera- cations submitted as required by these tion activities. Section 744.5 prohibits sections. It should also be noted that exports, reexports and transfers (in- part 764 of the EAR prohibits exports, country) of items subject to the EAR reexports and certain transfers of to defined nuclear maritime end-uses. items subject to the EAR to denied Section 744.6 prohibits certain activi- parties. Section 744.21 imposes restric- ties by U.S. persons in support of cer- tions for exports, reexports and trans- tain nuclear, missile, chemical, or bio- fers (in-country) of specified items for logical end-uses. Section 744.7 prohibits certain ’military end uses’ in the Peo- exports and reexports of certain items ple’s Republic of China (PRC) or for a for certain aircraft and vessels. Section ’military end use’ or ’military end 744.8 prohibits exports and reexports user’ in Russia or Venezuela. Section without authorization to certain par- 744.22 imposes restrictions on exports, ties who have been designated as reexports and transfers to persons proliferators of weapons of mass de- whose property and interests in prop- struction or as supporters of such erty are blocked pursuant to Executive proliferators pursuant to Executive Orders 13310, 13448, or 13464. 389 VerDate Sep<11>2014 17:10 Apr 03, 2019 Jkt 247052 PO 00000 Frm 00399 Fmt 8010 Sfmt 8010 Q:\15\247052.XXX PC31 kpayne on VMOFRWIN702 with $$_JOB § 744.2 15 CFR Ch. VII (1–1–19 Edition) (2) If controls set forth under more know 1 that the item will be used di- than one section of part 744 apply to a rectly or indirectly in any one or more person, the license requirements for of the following activities described in such a person will be determined based paragraphs (a)(1), (a)(2), and (a)(3) of on the requirements of all applicable this section: sections of part 744, and license appli- (1) Nuclear explosive activities.