cfr_sections
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21 rows where agency = "BIS" and part_number = 744 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 15:15:2.1.3.4.29.0.1.1 | 15 | Commerce and Foreign Trade | VII | C | 744 | PART 744—CONTROL POLICY: END-USER AND END-USE BASED | § 744.1 General provisions. | BIS | [61 FR 12802, Mar. 25, 1996] | (a)(1) Introduction. In this part, references to the EAR are references to 15 CFR chapter VII, subchapter C. This part contains prohibitions against exports, reexports, and selected transfers to certain end users and end uses as introduced under General Prohibitions Five (End use/End users) and Nine (Orders, Terms, and Conditions), unless authorized by BIS. Sections 744.2, 744.3, and 744.4 prohibit exports, reexports, and transfers (in-country) of items subject to the EAR to defined nuclear, missile, and chemical and biological weapons proliferation activities. Section 744.5 prohibits exports, reexports, and transfers (in-country) of items subject to the EAR to defined nuclear maritime end-uses. Consistent with General Prohibition Seven (Support of Proliferation Activities and certain Military-Intelligence End Uses and End Users (“U.S. person” activities)), § 744.6 prohibits specific activities by U.S. persons in support of certain nuclear, missile, chemical and biological weapons end uses, and whole plants for chemical weapons precursors, as well as certain military-intelligence end uses and military-intelligence end users. Section 744.7 prohibits exports, reexports, and transfers (in-country) of certain items for certain aircraft and vessels. Section 744.8 prohibits exports, reexports, and transfers (in-country) without authorization when a person designated on the list of Specially Designated Nationals and Blocked Persons (SDN List) pursuant to certain specified sanctions programs is a party to the transaction. Section 744.9 sets forth restrictions on exports, reexports, and transfers (in-country) of certain cameras, systems, or related components. Section 744.11 imposes license requirements, to the extent specified in supplement no. 4 to this part, on entities listed in supplement no. 4 to this part for activities contrary to the national security or foreign policy interests of the United States. Section 744.15 sets forth the conditions for exports, reexports, and transfers (in-country) to persons listed on… | |||||
| 15:15:2.1.3.4.29.0.1.10 | 15 | Commerce and Foreign Trade | VII | C | 744 | PART 744—CONTROL POLICY: END-USER AND END-USE BASED | § 744.10 [Reserved] | BIS | |||||||
| 15:15:2.1.3.4.29.0.1.11 | 15 | Commerce and Foreign Trade | VII | C | 744 | PART 744—CONTROL POLICY: END-USER AND END-USE BASED | § 744.11 License requirements that apply to entities acting or at significant risk of acting contrary to the national security or foreign policy interests of the United States. | BIS | [87 FR 61973, Oct. 13, 2022, as amended at 87 FR 62200, Oct. 13, 2022; 88 FR 18985, Mar. 30, 2023; 89 FR 33228, Apr. 29, 2024; 89 FR 51651, June 18, 2024; 89 FR 58273, July 18, 2024; 89 FR 60303, July 25, 2024; 89 FR 68543, Aug. 27, 2024; 89 FR 87282, Nov. 1, 2024; 89 FR 96817, Dec. 5, 2024; 90 FR 5312, Jan. 16, 2025; 90 FR 47212, Sept. 30, 2025] | BIS may impose foreign policy export, re-export, and transfer (in-country) license requirements, limitations on availability of license exceptions, and set license application review policy based on the criteria in this section. Such requirements, limitations and policy are in addition to those set forth elsewhere in the EAR. License requirements, limitations on use of license exceptions, and license application review policies will be imposed under this section by adding an entity or an address that presents a high diversion risk ( see § 744.16(f) of this part) to the Entity List (supplement no. 4 to this part) with a reference to this section and by stating on the Entity List the license requirements and license application review policies that apply to that entity or address, or by informing an exporter, re-exporter, or transferor pursuant to paragraph (c) of this section that a specific entity or address is subject to a license requirement, limitations on use of license exceptions and license application review policies as specified in a specific notice provided to an exporter, re-exporter, or transferor. BIS may remove an entity from the Entity List if it is no longer engaged in the activities described in paragraph (b) of this section and is unlikely to engage in such activities in the future, or if it is no longer at significant risk of acting contrary to the national security or foreign policy interests of the United States as described therein. BIS may remove an address that presents a high diversion risk from the Entity List if the address is determined to no longer be a high diversion risk, for example if measures are undertaken to educate companies operating at those addresses on export compliance, or to effectively screen clients for diversion risk. BIS may modify the license exception limitations and license application review policies that apply to a particular entity or address that presents a high diversion risk to implement the policies of this section. BIS will implement the provisions of this… | |||||
| 15:15:2.1.3.4.29.0.1.12 | 15 | Commerce and Foreign Trade | VII | C | 744 | PART 744—CONTROL POLICY: END-USER AND END-USE BASED | §§ 744.12-744.14 [Reserved] | BIS | |||||||
| 15:15:2.1.3.4.29.0.1.13 | 15 | Commerce and Foreign Trade | VII | C | 744 | PART 744—CONTROL POLICY: END-USER AND END-USE BASED | § 744.15 Restrictions on exports, reexports and transfers (in-country) to persons listed on the unverified list. | BIS | [78 FR 76747, Dec. 19, 2013] | (a) General requirement. In addition to the requirements set forth elsewhere in the EAR, exports, reexports, or transfers (in-country) subject to the EAR involving parties to the transaction who are listed on the Unverified List (UVL) must be made in accordance with paragraph (b) of this section. The names and addresses of foreign persons subject to end-user controls based on the criteria described in paragraph (c) of this section are identified in the Unverified List found in supplement no. 6 to this part. Requirements found elsewhere in the EAR also apply, including but not limited to any license requirements, the record filing requirements pursuant to § 758.1(b)(8), and the restrictions on license exceptions described in § 740.2(a)(17) of the EAR. (b) UVL statement. Before proceeding with any export, reexport, or transfer (in-country) subject to the EAR that is not subject to a license requirement, involving a person listed on the Unverified List as a party described in § 748.5 of the EAR, an exporter, reexporter, or transferor (in-country) must obtain a UVL statement from such person, according to the provisions set forth in this section. The statement must be retained in accordance with part 762 of the EAR. (1) One UVL statement may be used for multiple exports, reexports, and transfers (in-country) of the same items between the same parties, so long as the party names, the description(s) of the items and the ECCNs are correct. If one UVL statement is used for multiple exports, reexports, and transfers (in-country), the exporter, reexporter, and transferor must maintain a log or other record that identifies each export, reexport, and transfer (in-country) made pursuant to this section and the specific UVL statement that is associated with each. The log or record must be retained in accordance with Part 762 of the EAR. (2) The UVL statement must be in writing, signed and dated by an individual of sufficient authority to legally bind the UVL party, and state the following: (i) Name of UVL party; comple… | |||||
| 15:15:2.1.3.4.29.0.1.14 | 15 | Commerce and Foreign Trade | VII | C | 744 | PART 744—CONTROL POLICY: END-USER AND END-USE BASED | § 744.16 Entity List. | BIS | [81 FR 64695, Sept. 20, 2016, as amended at 87 FR 55250, Sept. 9, 2022; 89 FR 51652, June 18, 2024; 89 FR 58273, July 18, 2024; 89 FR 60303, July 25, 2024; 90 FR 47212, Sept. 30, 2025] | The Entity List (supplement no. 4 to this part) identifies persons or addresses of persons reasonably believed to be involved, or to pose a significant risk of being or becoming involved, in activities contrary to the national security or foreign policy interests of the United States. The entries are added to the Entity List pursuant to sections of part 744 (Control Policy: End-User and End-Use Based) and part 746 (Embargoes and Other Special Controls) of the EAR. (a) License requirements. In addition to the license requirements for items specified on the CCL, you may not, without a license from BIS, export, reexport, or transfer (in-country) any items included in the License Requirement column of an entry on the Entity List (supplement no. 4 to this part) when an entity associated with that entry or when any entity using an address of high diversion risk associated with that entry is a party to a transaction as described in § 748.5(c) through (f) of the EAR. The specific license requirement for each listed entity or address with high diversion risk is identified in the license requirement column on the Entity List in supplement no. 4 to this part. (b) License exceptions. No license exceptions are available for exports, reexports or transfers (in-country) to listed entities or addresses that present a high diversion risk of specified items, except license exceptions for items listed in § 740.2(a)(5) of the EAR destined to listed Indian or Pakistani entities to ensure the safety of civil aviation and safe operation of commercial passenger aircraft, and in the case of entities added to the Entity List pursuant to § 744.20, to the extent specified on the Entity List. (c) License review policy —(1) General review policy. The license review policy for each listed entity or address that presents a high diversion risk is identified in the License Review Policy column on the Entity List. (2) [Reserved] (d) The End-User Review Committee (ERC). The End-User Review Committee (ERC), composed of representatives … | |||||
| 15:15:2.1.3.4.29.0.1.15 | 15 | Commerce and Foreign Trade | VII | C | 744 | PART 744—CONTROL POLICY: END-USER AND END-USE BASED | § 744.17 Restrictions on certain exports, reexports and transfers (in-country) of microprocessors and associated “software” and “technology” for “military end uses” and to “military end users.” | BIS | [79 FR 75046, Dec. 17, 2014] | (a) General prohibition. In addition to the license requirements set forth elsewhere in the EAR, you may not export, reexport or transfer (in-country) microprocessors (“microprocessor microcircuits,” “microcomputer microcircuits,” and microcontroller microcircuits having a processing speed of 5 GFLOPS or more and an arithmetic logic unit with an access width of 32 bit or more, including those incorporating “information security” functionality), or associated “software” and “technology” for the “production” or “development” of such microprocessors without a license if, at the time of the export, reexport or transfer (in-country), you know, have reason to know, or are informed by BIS that the item will be or is intended to be used for a 'military end use,' as defined in paragraph (d) of this section, in a destination listed in Country Group D:1 (see supplement No. 1 to part 740 of the EAR); or by a 'military end user,' as defined in paragraph (e) of this section, in a destination listed in Country Group D:1. (b) Additional prohibition on exporters or reexporters informed by BIS. BIS may inform an exporter, reexporter or transferor, either individually by specific notice or through amendment to the EAR, that a license is required for export, reexport or transfer (in-country) of items described in paragraph (a) of this section to specified end users, because BIS has determined that there is an unacceptable risk of diversion to the end uses or end users described in paragraph (a) of this section. Specific notice is to be given only by, or at the direction of, the Deputy Assistant Secretary for Export Administration. When such notice is provided orally, it will be followed by a written notice within two working days signed by the Deputy Assistant Secretary for Export Administration. The absence of any such notification does not excuse the exporter, reexporter or transferor from compliance with the license requirements of paragraph (a) of this section. (c) License review standards. There is a presumption of deni… | |||||
| 15:15:2.1.3.4.29.0.1.16 | 15 | Commerce and Foreign Trade | VII | C | 744 | PART 744—CONTROL POLICY: END-USER AND END-USE BASED | § 744.18 [Reserved] | BIS | |||||||
| 15:15:2.1.3.4.29.0.1.17 | 15 | Commerce and Foreign Trade | VII | C | 744 | PART 744—CONTROL POLICY: END-USER AND END-USE BASED | § 744.19 Licensing policy regarding persons sanctioned pursuant to specified statutes. | BIS | [77 FR 5388, Feb. 3, 2012] | Notwithstanding any other licensing policy elsewhere in the EAR, BIS will deny any export or reexport license application if any person who is a party to the transaction ( i.e., the applicant, other party authorized to receive a license, purchaser, intermediate consignee, ultimate consignee, or end-user) is subject to one or more of the sanctions described in paragraphs (a), (b), (c), and (e) of this section and will deny any export or reexport license application for an item listed on the Commerce Control List with a reason for control of MT if a person who is a party to the transaction is subject to a sanction described in paragraph (d) of this section. (a) A sanction issued pursuant to the Iran-Iraq Arms Nonproliferation Act of 1992 (50 U.S.C. 1701 note) that prohibits the issuance of any license to or by the sanctioned person. (b) A sanction issued pursuant to the Iran, North Korea, and Syria Nonproliferation Act (50 U.S.C. 1701 note) that prohibits the granting of a license and requires the suspension of an existing license for the transfer to foreign persons of items, the export of which is controlled under the Export Administration Act of 1979, as amended (50 U.S.C. app. 2401-2420), or the Export Administration Regulations. (c) A sanction issued pursuant to section 11B(b)(1)(B)(ii) of the Export Administration Act of 1979, as amended (50 U.S.C. app. 2401-2420), that prohibits the issuance of new licenses for exports to the sanctioned person of items controlled pursuant to the Export Administration Act of 1979, as amended. (d) A sanction issued pursuant to section 11B(b)(1)(B)(i) of the Export Administration Act of 1979, as amended (50 U.S.C. app. 2401-2420), that prohibits the issuance of new licenses for exports to the sanctioned person of MTCR Annex equipment or technology controlled pursuant to the Export Administration Act of 1979, as amended. (e) A sanction issued pursuant to the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note) that prohibits the issuance of a specific license or grant of any ot… | |||||
| 15:15:2.1.3.4.29.0.1.18 | 15 | Commerce and Foreign Trade | VII | C | 744 | PART 744—CONTROL POLICY: END-USER AND END-USE BASED | § 744.20 [Reserved] | BIS | |||||||
| 15:15:2.1.3.4.29.0.1.19 | 15 | Commerce and Foreign Trade | VII | C | 744 | PART 744—CONTROL POLICY: END-USER AND END-USE BASED | § 744.21 Restrictions on certain 'military end uses' or 'military end users'. | BIS | [87 FR 13059, Mar. 8, 2022, as amended at 87 FR 34136, June 6, 2022; 87 FR 57080, Sept. 16, 2022; 89 FR 18783, Mar. 15, 2024; 89 FR 68543, Aug. 27, 2024; 90 FR 47212, Sept. 30, 2025] | (a) General prohibition. In addition to the license requirements for items specified on the Commerce Control List (CCL) (supplement no. 1 to part 774 of the EAR), you may not export, reexport, or transfer (in-country): (1) Any item subject to the EAR listed in supplement no. 2 to this part without a license if, at the time of the export, reexport, or transfer (in-country), you have “knowledge,” as defined in § 772.1 of the EAR, that the item is intended, entirely or in part, for a 'military end use,' as defined in paragraph (f) of this section, in Burma, Cambodia, the People's Republic of China (China), Nicaragua, or Venezuela, or a Burmese, Cambodian, Chinese, Nicaraguan, or Venezuelan 'military end user,' as defined in paragraph (g) of this section, wherever located. 'Military end users' located outside of Burma, Cambodia, China, Nicaragua, or Venezuela are limited to entities identified on the 'Military End-User' (MEU) List under supplement no. 7 to this part. (2) Any item subject to the EAR without a license if, at the time of the export, reexport, or transfer (in-country), you have “knowledge,” as defined in § 772.1 of the EAR that the item is intended, entirely or in part, for a 'military end use,' as defined in paragraph (f) of this section, in Belarus or Russia, or a Belarusian or Russian 'military end user,' as defined in paragraph (g) of this section, wherever located. Belarusian or Russian 'military end users' located outside of Belarus or Russia are limited to entities identified on the Entity List under supplement no. 4 to this part with a footnote 3 designation and a reference to this section. An entity anywhere in the world, including in Burma, Cambodia, China, Nicaragua, or Venezuela, may be listed on the Entity List as a Belarusian or Russian 'military end user' with a footnote 3 designation. If the entity is not a Belarusian or Russian 'military end user,' but has otherwise been identified by the End User Review Committee (ERC) as a 'military end user,' that entity may be identified under t… | |||||
| 15:15:2.1.3.4.29.0.1.2 | 15 | Commerce and Foreign Trade | VII | C | 744 | PART 744—CONTROL POLICY: END-USER AND END-USE BASED | § 744.2 Restrictions on certain nuclear end-uses. | BIS | [61 FR 12802, Mar. 25, 1996, as amended at 61 FR 64284, Dec. 4, 1996; 62 FR 25459, May 9, 1997; 67 FR 55598, Aug. 29, 2002; 73 FR 68326, Nov. 18, 2008; 79 FR 46324, Aug. 7, 2014] | (a) General prohibition. In addition to the license requirements for items specified on the CCL, you may not export, reexport, or transfer (in-country) to any destination, other than countries in supplement no. 3 to this part, an item subject to the EAR without a license if, at the time of export, reexport, or transfer (in-country) you know 1 that the item will be used directly or indirectly in any one or more of the following activities described in paragraphs (a)(1), (a)(2), and (a)(3) of this section: 1 Part 772 of the EAR defines “knowledge” for all of the EAR except part 760, Restrictive Trade Practices and Boycotts. The definition, which includes variants such as “know” and “reason to know”, encompasses more than positive knowledge. Thus, the use of “know” in this section in place of the former wording “know or have reason to know” does not lessen or otherwise change the responsibilities of persons subject to the EAR. (1) Nuclear explosive activities. Nuclear explosive activities, including research on or development, design, manufacture, construction, testing or maintenance of any nuclear explosive device, or components or subsystems of such a device. 2 3 2 Nuclear explosive devices and any article, material, equipment, or device specifically designed or specially modified for use in the design, development, or fabrication of nuclear weapons or nuclear explosive devices are subject to export licensing or other requirements of the Directorate of Defense Trade Controls, U.S. Department of State, or the licensing or other restrictions specified in the Atomic Energy Act of 1954, as amended. Similarly, items specifically designed or specifically modified for use in devising, carrying out, or evaluating nuclear weapons tests or nuclear explosions (except such items as are in normal commercial use for other purposes) are subject to the same requirements. 3 Also see §§ 744.5 and 748.4 of the EAR for special provisions relating to technical data for maritime nuclear propulsion plants and other co… | |||||
| 15:15:2.1.3.4.29.0.1.20 | 15 | Commerce and Foreign Trade | VII | C | 744 | PART 744—CONTROL POLICY: END-USER AND END-USE BASED | § 744.22 Restrictions on exports, reexports, and transfers (in-country) to certain military-intelligence end uses or end users. | BIS | [86 FR 70019, Dec. 9, 2021, as amended at 87 FR 13060, Mar. 8, 2022; 87 FR 57081, Sept. 16, 2022] | (a) General prohibition. In addition to the license requirements for items specified on the Commerce Control List (CCL) (supplement no. 1 to part 774 of the EAR), you may not export, reexport, or transfer (in-country) any item subject to the EAR without a license from BIS if, at the time of the export, reexport, or transfer (in-country), you have “knowledge” that the item is intended, entirely or in part, for a 'military-intelligence end use' in Belarus, Burma, Cambodia, the People's Republic of China (China), Russia, or Venezuela; or a country listed in Country Groups E:1 or E:2 (see supplement no. 1 to part 740 of the EAR), or for a Belarusian, Burmese, Cambodian, Chinese, Russian, or Venezuelan 'military-intelligence end user' or a 'military-intelligence end user' of a country listed in Country Group E:1 or E:2, wherever located. 'Military intelligence end-users' located outside of Belarus, Burma, Cambodia, the People's Republic of China (China), Russia, or Venezuela; or a country listed in Country Groups E:1 or E:2, are limited to entities identified under paragraph (f)(2) of this section. (b) Additional prohibition on those informed by BIS. BIS may inform you either individually by specific notice, through amendment to the EAR published in the Federal Register, or through a separate notification published in the Federal Register, that a license is required for specific exports, reexports, or transfers (in-country) of any item subject to the EAR because there is an unacceptable risk of use in, or diversion to, a 'military-intelligence end use' in Belarus, Burma, Cambodia, China, Russia, or Venezuela; or a country listed in Country Group E:1 or E:2 (see supplement no. 1 to part 740 of the EAR), or for a Belarusian, Burmese, Cambodian, Chinese, Russian, or Venezuelan 'military-intelligence end user' or a 'military-intelligence end user' of a country listed in Country Group E:1 or E:2, wherever located. (c) License exception. Notwithstanding the prohibitions described in paragraphs (a) and (b) of thi… | |||||
| 15:15:2.1.3.4.29.0.1.21 | 15 | Commerce and Foreign Trade | VII | C | 744 | PART 744—CONTROL POLICY: END-USER AND END-USE BASED | § 744.23 “Supercomputer,” “advanced-node integrated circuits,” and semiconductor manufacturing equipment end use controls. | BIS | [88 FR 73449, Oct. 25, 2023, as amended at 88 FR 73495, Oct. 25, 2023; 89 FR 23886, Apr. 4, 2024; 89 FR 96818, Dec. 5, 2024; 90 FR 4562, Jan. 15, 2025; 91 FR 1687, Jan. 15, 2026] | (a) General prohibition. In addition to the license requirements for items specified on the CCL, you may not export, reexport, or transfer (in-country) without a license any item subject to the EAR described in paragraphs (a)(1) through (4) of this section when you have “knowledge” at the time of export, reexport, or transfer (in-country) that the item is destined for a destination, end use, or type of end user described in paragraphs (a)(1) through (4) of this section, unless excluded by paragraph (a)(5) of this section. (1) “Supercomputers” —(i) Item scope. (A) An integrated circuit (IC) subject to the EAR and specified in ECCN 3A001, 3A991, 4A994, 5A002, 5A004, or 5A992; or (B) A computer, “electronic assembly,” or “component” subject to the EAR and specified in ECCN 4A003, 4A004, 4A994, 5A002, 5A004, or 5A992. (ii) Destination and end-use scope. (A) The “development,” “production,” operation, installation (including on-site installation), maintenance (checking), repair, overhaul, or refurbishing of a “supercomputer” located in or destined to Macau or a destination specified in Country Group D:5 of supplement no. 1 to part 740 of the EAR; or (B) The incorporation into, or the “development” or “production” of any “component” or “equipment” that will be used in a “supercomputer” located in or destined to Macau or a destination specified in Country Group D:5. (2) “Advanced-node ICs” —(i) Any item at a “production” “facility” of “advanced-node ICs.” Any items subject to the EAR when you know the items will be used in the “development” or “production” of ICs destined to a “facility” located in Macau or a destination specified in Country Group D:5 where “production” of “advanced-node ICs” occurs. (ii) Category 3 items to a “facility” where the technology node is unknown. Any item subject to the EAR specified in an ECCN in Product Groups B, C, D, or E in Category 3 of the CCL when you know the item will be used in the “development” or “production” of ICs destined to a “facility” located in Macau or … | |||||
| 15:15:2.1.3.4.29.0.1.3 | 15 | Commerce and Foreign Trade | VII | C | 744 | PART 744—CONTROL POLICY: END-USER AND END-USE BASED | § 744.3 Restrictions on certain rocket systems (including ballistic missiles, space launch vehicles and sounding rockets) and unmanned aerial vehicles (including cruise missiles, target drones and reconnaissance drones) end-uses. | BIS | [61 FR 12802, Mar. 25, 1996, as amended at 62 FR 25459, May 9, 1997; 69 FR 64659, Nov. 8, 2004; 70 FR 11861, Mar. 10, 2005; 73 FR 68326, Nov. 18, 2008; 82 FR 31446, July 7, 2017; 86 FR 4871, Jan. 15, 2021] | (a) General prohibition. In addition to the license requirements for items specified on the CCL, you may not export, reexport, or transfer (in-country) an item subject to the EAR without a license if, at the time of export, reexport or transfer (in-country) you know that the item: (1) Will be used in the design, “development,” “production,” operation, installation (including on-site installation), maintenance (checking), repair, overhaul, or refurbishing of rocket systems or unmanned aerial vehicles capable of a range of at least 300 kilometers in or by a country listed in Country Group D:4 of supplement no. 1 to part 740 of the EAR. (2) Will be used anywhere in the world except by governmental programs for nuclear weapons delivery of NPT Nuclear Weapons States that are also members of NATO, in the design, “development,” “production,” operation, installation (including on-site installation), maintenance (checking), repair, overhaul, or refurbishing of rocket systems or unmanned aerial vehicles, regardless of range capabilities, for the delivery of chemical, biological, or nuclear weapons; or (3) Will be used in the design, “development,” “production,” operation, installation (including on-site installation), maintenance (checking), repair, overhaul, or refurbishing of any rocket systems or unmanned aerial vehicles in or by a country listed in Country Group D:4, but you are unable to determine: (i) The characteristics ( i.e., range capabilities) of the rocket systems or unmanned aerial vehicles, or (ii) Whether the rocket systems or unmanned aerial vehicles, regardless of range capabilities, will be used in a manner prohibited under paragraph (a)(2) of this section. For the purposes of this section, “Rocket Systems” include, but are not limited to, ballistic missiles, space launch vehicles, and sounding rockets. Also, for the purposes of this section, “unmanned aerial vehicles” include, but are not limited to, cruise missiles, target drones and reconnaissance drones. (b) Additional prohibition on person… | |||||
| 15:15:2.1.3.4.29.0.1.4 | 15 | Commerce and Foreign Trade | VII | C | 744 | PART 744—CONTROL POLICY: END-USER AND END-USE BASED | § 744.4 Restrictions on certain chemical and biological weapons end-uses. | BIS | [61 FR 12802, Mar. 25, 1996, as amended at 62 FR 25459, May 9, 1997; 70 FR 16111, Mar. 30, 2005; 70 FR 19691, Apr. 14, 2005; 73 FR 68326, Nov. 18, 2008; 86 FR 4871, Jan. 15, 2021] | (a) General prohibition. In addition to the license requirements for items specified on the CCL, you may not export, reexport, or transfer (in-country) an item subject to the EAR without a license if, at the time of export, reexport, or transfer (in-country) you know that the item will be used in the design, “development,” “production,” stockpiling, operation, installation (including on-site installation), maintenance (checking), repair, overhaul, or refurbishing of chemical or biological weapons in or by any country or destination, worldwide; or in the design, “development,” “production,” operation, installation (including on-site installation), maintenance (checking), repair, overhaul, or refurbishing of a whole plant to make chemical weapons precursors specified in ECCN 1C350 in or by countries other than those listed in Country Group A:3 (Australia Group) (see supplement no. 1 to part 740 of the EAR). (b) Additional prohibition on persons informed by BIS. BIS may inform persons, either individually by specific notice or through amendment to the EAR, that a license is required for a specific export, reexport, or transfer (in-country), or for the export, reexport, or transfer (in-country) of specified items to a certain end-user, because there is an unacceptable risk of use in or diversion to the activities specified in paragraph (a) of this section, anywhere in the world. Specific notice is to be given only by, or at the direction of, the Deputy Assistant Secretary for Export Administration. When such notice is provided orally, it will be followed by a written notice within two working days signed by the Deputy Assistant Secretary for Export Administration. However, the absence of any such notification does not excuse persons from compliance with the license requirements of paragraph (a) of this section. (c) Exceptions. No License Exceptions apply to the prohibitions described in paragraphs (a) and (b) of this section. (d) License review standards. (1) Applications to export, reexport, or transfer (… | |||||
| 15:15:2.1.3.4.29.0.1.5 | 15 | Commerce and Foreign Trade | VII | C | 744 | PART 744—CONTROL POLICY: END-USER AND END-USE BASED | § 744.5 Restrictions on certain maritime nuclear propulsion end-uses. | BIS | [61 FR 12802, Mar. 25, 1996, as amended at 62 FR 25459, May 9, 1997; 73 FR 68326, Nov. 18, 2008] | (a) General prohibition. In addition to the license requirements for items specified on the CCL, you may not export, reexport, or transfer (in-country) certain technology subject to the EAR without a license if at the time of the export, reexport or transfer (in-country) you know the item is for use in connection with a foreign maritime nuclear propulsion project. This prohibition applies to any technology relating to maritime nuclear propulsion plants, their land prototypes, and special facilities for their construction, support, or maintenance, including any machinery, devices, components, or equipment specifically developed or designed for use in such plants or facilities. (b) Exceptions. The exceptions provided in part 740 of the EAR do not apply to the prohibitions described in paragraph (a) of this section. (c) License review standards. It is the policy of the United States Government not to participate in and not to authorize United States firms or individuals to participate in foreign naval nuclear propulsion plant projects, except under an Agreement for Cooperation on naval nuclear propulsion executed in accordance with § 123(d) of the Atomic Energy Act of 1954. However, it is the policy of the United States Government to encourage United States firms and individuals to participate in maritime (civil) nuclear propulsion plant projects in friendly foreign countries provided that United States naval nuclear propulsion information is not disclosed. | |||||
| 15:15:2.1.3.4.29.0.1.6 | 15 | Commerce and Foreign Trade | VII | C | 744 | PART 744—CONTROL POLICY: END-USER AND END-USE BASED | § 744.6 Restrictions on specific activities of “U.S. persons.” | BIS | [86 FR 4871, Jan. 15, 2021, as amended at 86 FR 18436, Apr. 9, 2021; 86 FR 70018, Dec. 9, 2021; 87 FR 13059, Mar. 8, 2022; 87 FR 62199, Oct. 13, 2022; 88 FR 2825, Jan. 18, 2023; 88 FR 73448, 73494, Oct. 25, 2023; 89 FR 23885, Apr. 4, 2024; 89 FR 96817, Dec. 5, 2024; 90 FR 5311, Jan. 16, 2025] | (a) Scope. The general prohibitions in this section apply only to the extent that the underlying activities are not subject to a license requirement or general prohibition administered by another federal department or agency, see, for example, Assistance to Foreign Atomic Energy Activities regulations (10 CFR part 810), administered by the Department of Energy; International Traffic in Arms Regulations (ITAR) (22 CFR parts 120 through 130), administered by the Department of State; and certain sanctions regulations (to include, but not limited to, 31 CFR parts 500 through 599), administered by the Department of the Treasury. Accordingly, “U.S. persons” are required to seek a license from BIS only for the activities described in this section that are not subject to a license requirement or general prohibition administered by the Department of Energy, Department of State, Department of the Treasury, or other federal department or agency. The issuance of a license by BIS, or any other federal department or agency, does not authorize “U.S. persons” to engage in any activity that is otherwise prohibited by law, including criminal statutes. (b) General prohibitions. No “U.S. person” may, without a license from BIS, 'support': (1) The design, “development,” “production,” operation, installation (including on-site installation), maintenance (checking), repair, overhaul, or refurbishing of nuclear explosive devices in or by any country not listed in supplement no. 3 to this part; (2) The design, “development,” “production,” operation, installation (including on-site installation), maintenance (checking), repair, overhaul, or refurbishing of “missiles” in or by a country listed in Country Groups D:4 or E:2; (3) The design, “development,” “production,” operation, installation (including on-site installation), maintenance (checking), repair, overhaul, or refurbishing of chemical or biological weapons in or by any country or destination worldwide; (4) The design, “development,” “production,” operation, installation (i… | |||||
| 15:15:2.1.3.4.29.0.1.7 | 15 | Commerce and Foreign Trade | VII | C | 744 | PART 744—CONTROL POLICY: END-USER AND END-USE BASED | § 744.7 Restrictions on certain exports to and for the use of certain foreign vessels or aircraft. | BIS | [61 FR 12802, Mar. 25, 1996, as amended at 65 FR 38160, June 19, 2000; 68 FR 50472, Aug. 21, 2003; 70 FR 67348, Nov. 7, 2005; 79 FR 4616, Jan. 29, 2014; 81 FR 29486, May 12, 2016; 88 FR 12181, Feb. 27, 2023; 89 FR 20115, Mar. 21, 2024; 89 FR 84777, Oct. 23, 2024] | (a) General end-use prohibition. In addition to the license requirements for items specified on the CCL, you may not export, reexport, or transfer (in-country) an item subject to the EAR to, or for the use of, a foreign vessel or aircraft, whether an operating vessel or aircraft or one under construction, located in any port including a Canadian port, unless a License Exception or NLR permits the shipment to be made: (1) To the country in which the vessel or aircraft is located, and (2) To the country in which the vessel or aircraft is registered, or will be registered in the case of a vessel or aircraft under construction, and (3) To the country, including a national thereof, which is currently controlling, leasing, or chartering the vessel or aircraft. A shipment or transmission of items to a launch platform or facility in international waters is an “export” or “reexport” to the country or countries the platform or facility is owned by, controlled by, or being operated on behalf of. (b) Exception for U.S. and Canadian carriers. (1) Exception to general end-use prohibition. Notwithstanding the general end-use prohibition in paragraph (a) of this section, export, reexport, and transfer (in-country) may be made of the commodities described in paragraph (b)(3) of this section, for use by or on a specific vessel or plane of U.S. or Canadian registry located at any seaport or airport outside the United States or Canada except a port in Country Group D:1 (excluding the PRC), (see supplement no. 1 to part 740) provided that such commodities are all of the following: (i) Ordered by the person in command or the owner or agent of the vessel or plane to which they are consigned; (ii) Intended to be used or consumed on board such vessel or plane and necessary for its proper operation; (iii) In usual and reasonable kinds and quantities during times of extreme need, except that usual and reasonable quantities of ship's bunkers or aviation fuel are considered to be only that quantity necessary for a single onward… | |||||
| 15:15:2.1.3.4.29.0.1.8 | 15 | Commerce and Foreign Trade | VII | C | 744 | PART 744—CONTROL POLICY: END-USER AND END-USE BASED | § 744.8 Restrictions on exports, reexports, and transfers (in-country) when certain persons designated on the list of Specially Designated Nationals and Blocked Persons (SDN List) are a party to the transaction. | BIS | [89 FR 20115, Mar. 21, 2024, as amended at 90 FR 47212, Sept. 30, 2025] | (a) Scope. (1) In addition to any other EAR license requirements that may be applicable, this section imposes EAR license requirements, license review policies, and restrictions on the use of license exceptions for exports, reexports, and transfers (in-country) when a person who is designated on the Department of the Treasury, Office of Foreign Assets Control's (OFAC) List of Specially Designated Nationals and Blocked Persons (SDN List) with any of the following identifiers is a party to the transaction, as described in § 748.5(c) through (f): (i) Related to Russia's invasion of Ukraine. (A) [BELARUS-EO14038]; (B) [BELARUS]; (C) [RUSSIA-EO14024]; (D) [UKRAINE-EO13660]; (E) [UKRAINE-EO13661]; (F) [UKRAINE-EO13662]; or (G) [UKRAINE-EO13685]. (ii) Terrorism-related. (A) [FTO]; or (B) [SDGT]. (iii) WMD-related. (A) [NPWMD]. (B) [Reserved] (iv) Related to narcotics trafficking or other criminal networks. (A) [ILLICIT DRUGS-EO14059]; (B) [SDNT]; (C) [SDNTK]; or (D) [TCO]. The names of such designations are published in the Federal Register and incorporated into the SDN List, as set forth in appendix A to 31 CFR chapter V and on OFAC's website at https://www.treas.gov/sdn. See Program Tag Definitions for OFAC Sanctions Lists for additional information: https://ofac.treasury.gov/specially-designated-nationals-list-sdn-list/program-tag-definitions-for-ofac-sanctions-lists. (2) These EAR controls supplement and strengthen the sanctions that are imposed by OFAC on these SDNs to better ensure that U.S. national security and foreign policy interests are protected. These EAR controls also apply to any foreign affiliate of a listed entity that is owned, directly or indirectly, individually or in aggregate, 50 percent or more by one or more persons blocked pursuant to the programs listed in paragraph (a)(1) of this section. An entity owned 50 percent or more, directly or indirectly, by multiple entities subject to EAR license requirements pursuant to some combination of the Entity List, MEU List, o… | |||||
| 15:15:2.1.3.4.29.0.1.9 | 15 | Commerce and Foreign Trade | VII | C | 744 | PART 744—CONTROL POLICY: END-USER AND END-USE BASED | § 744.9 Restrictions on exports, reexports, and transfers (in-country) of certain cameras, systems, or related components. | BIS | [74 FR 23948, May 22, 2009; 77 FR 39369, July 2, 2012, as amended at 81 FR 70333, Oct. 12, 2016; 83 FR 53751, Oct. 24, 2018; 85 FR 4177, Jan. 23, 2020; 89 FR 13592, Feb. 23, 2024; 89 FR 28601, Apr. 19, 2024] | (a) General prohibitions. (1) In addition to the applicable license requirements for nuclear nonproliferation, national security, regional stability, anti-terrorism, and United Nations embargo reasons in §§ 742.3, 742.4, 742.6, 742.8, 746.1(b), and 746.3 of the EAR, a license is required pursuant to this section for specific exports, reexports, or transfers (in-country) if at the time of export, reexport, or transfer, the exporter, reexporter, or transferor knows or is informed that: (i) Commodities controlled by ECCN 6A003.a.3, 6A003.a.4, or 6A003.a.6 will be or are intended to be used by a 'military end-user,' as defined in paragraph (d) of this section in all destinations except Australia, Canada, or the United Kingdom. (ii) Commodities described in ECCNs 0A504 (incorporating commodities controlled by ECCNs 6A002 or 6A003, or commodities controlled by 6A993.a that meet the criterion of Note 3.a to 6A003.b.4), 6A002, 6A003 (other than 6A003.a.3, 6A003.a.4, and 6A003.a.6), or 6A993.a (having a maximum frame rate equal to or less than 9 Hz and thus meeting the criteria of Note 3.a to 6A003.b.4), or 8A002.d will be or are intended to be used by a 'military end-user,' as defined in paragraph (d) of this section in all destinations except those specified in Country Group A:1. (iii) Commodities described in ECCNs 0A504 (incorporating commodities controlled by ECCNs 6A002 or 6A003, or commodities controlled by 6A993.a that meet the criterion of Note 3.a to 6A003.b.4), 6A002, 6A003, or 6A993.a (having a maximum frame rate equal to or less than 9 Hz and thus meeting the criteria of Note 3.a to 6A003.b.4), or 8A002.d will be or are intended to be incorporated into a “military commodity” controlled by ECCN 0A919 in all destinations except Australia, Canada, or the United Kingdom. (2) The license requirement described in paragraph (a)(1) of this section does not apply to exports, reexports, or transfers (in-country) of items described in that paragraph when such items are being reexported or transferred as part of a … |
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