cfr_sections
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12 rows where part_number = 768 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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| 15:15:3.1.1.1.14.0.1.1 | 15 | Commerce and Foreign Trade | VII | C | 768 | PART 768—FOREIGN AVAILABILITY DETERMINATION PROCEDURES AND CRITERIA | § 768.1 Introduction. | BIS | [61 FR 12915, Mar. 25, 1996, as amended at 61 FR 68585, Dec. 30, 1996; 62 FR 25469, May 9, 1997] | In this part, references to the Export Administration Regulations (EAR) are references to 15 CFR chapter VII, subchapter C. (a) Authority. Pursuant to sections 5(f) and 5(h) of the Export Administration Act (EAA), the Under Secretary of Commerce for Export Administration directs the Bureau of Industry and Security (BIS) in gathering and analyzing all the evidence necessary for the Secretary to determine foreign availability. (b) Scope. This part applies only to the extent that items are controlled for national security purposes. This part does not apply to encryption items that were formerly controlled on the U.S. Munitions List and that were transferred to the Commerce Control List consistent with E.O. 13026 of November 15, 1996 (61 FR 58767) and pursuant to the Presidential Memorandum of that date, which shall not be subject to any mandatory foreign availability review procedures. (c) Types of programs. There are two general programs of foreign availability: (1) Foreign availability to controlled countries. In this category are denied license assessments (see §§ 768.4(b) and 768.7 of this part) and decontrol assessments (see §§ 768.4(c) and 768.7 of this part). (2) Foreign availability to non-controlled countries. In this category are denied license assessments, decontrol assessments, and evaluations of eligibility for expedited licensing (see § 768.8 of this part). (d) Definitions. The following are definitions of terms used in this part 768: Allegation. See foreign availability submission. Assessment. An evidentiary analysis that BIS conducts concerning the foreign availability of a given item based on the assessment criteria, data gathered by BIS, and the data and recommendations submitted by the Departments of Defense and State and other relevant departments and agencies, TAC committees, and industry. Assessment criteria. Statutorily established criteria that must be assessed for the Secretary to make a determination with respect to foreign availability. They are, available-in-fact, … | |||||
| 15:15:3.1.1.1.14.0.1.10 | 15 | Commerce and Foreign Trade | VII | C | 768 | PART 768—FOREIGN AVAILABILITY DETERMINATION PROCEDURES AND CRITERIA | § 768.10 Removal of controls on less sophisticated items. | BIS | Where the Secretary has removed national security controls on an item for foreign availability reasons, the Secretary will also remove controls on similar items that are controlled for national security reasons and whose functions, technological approach, performance thresholds, and other attributes that form the basis for national security export controls do not exceed the technical parameters of the item that BIS has decontrolled for foreign availability reasons. | ||||||
| 15:15:3.1.1.1.14.0.1.2 | 15 | Commerce and Foreign Trade | VII | C | 768 | PART 768—FOREIGN AVAILABILITY DETERMINATION PROCEDURES AND CRITERIA | § 768.2 Foreign availability described. | BIS | (a) Foreign availability. Foreign availability exists when the Secretary determines that an item is comparable in quality to an item subject to U.S. national security export controls, and is available-in-fact to a country, from a non-U.S. source, in sufficient quantities to render the U.S. export control of that item or the denial of a license ineffective. For a controlled country, such control or denial is “ineffective” when maintaining such control or denying a specific license would not restrict the availability of items that would make a significant contribution to the military potential of the controlled country or combination of countries detrimental to the national security of the United States (see sections 5(a) and 3(2)(A) of the EAA.) (b) Types of foreign availability. There are two types of foreign availability: (1) Foreign availability to a controlled country; and (2) Foreign availability to a non-controlled country. See § 768.7 of this part for delineation of the foreign availability assessment procedures, and § 768.6 of this part for the criteria used in determining foreign availability. | ||||||
| 15:15:3.1.1.1.14.0.1.3 | 15 | Commerce and Foreign Trade | VII | C | 768 | PART 768—FOREIGN AVAILABILITY DETERMINATION PROCEDURES AND CRITERIA | § 768.3 Foreign availability assessment. | BIS | [61 FR 12915, Mar. 25, 1996, as amended at 61 FR 68585, Dec. 30, 1996] | (a) Foreign availability assessment. A foreign availability assessment is an evidentiary analysis that BIS conducts to assess the foreign availability of a given item according to the assessment criteria, based on data submitted by a claimant, the data gathered by BIS, and the data and recommendations submitted by the Departments of Defense and State and other relevant departments and agencies, TAC committees, and industry. BIS uses the results of the analysis in formulating its recommendation to the Secretary on whether foreign availability exists for a given item. If the Secretary determines that foreign availability exists, the Secretary will decontrol the item for national security reasons or approve the license in question if there is no foreign policy reason to deny the license, unless the President exercises a National Security Override (see § 768.7 of this part). The effect of any such determination on the effectiveness of foreign policy controls may be considered independent of this part. (b) Types of assessments. There are two types of foreign availability assessments: (1) Denied license assessment; and (2) Decontrol assessment. (c) Expedited licensing procedures. See § 768.8 of this part for the evaluation of eligibility of an item for the expedited licensing procedures. | |||||
| 15:15:3.1.1.1.14.0.1.4 | 15 | Commerce and Foreign Trade | VII | C | 768 | PART 768—FOREIGN AVAILABILITY DETERMINATION PROCEDURES AND CRITERIA | § 768.4 Initiation of an assessment. | BIS | [61 FR 12915, Mar. 25, 1996, as amended at 72 FR 25196, May 4, 2007] | (a) Assessment request. To initiate an assessment, each claimant or TAC must submit a FAS or a TAC Certification to BIS. TACs are authorized to certify foreign availability only to controlled countries. Claimants can allege foreign availability for either controlled or non-controlled countries. (b) Denied license assessment. A claimant whose license application BIS has denied, or for which it has issued a letter of intent to deny on national security grounds, may request that BIS initiate a denied license assessment by submitting a Foreign Availability Submission (FAS) within 90 days after denial of the license. As part of its submission, the claimant must request that the specified license application be approved on the grounds of foreign availability. The evidence must relate to the particular export as described on the license application and to the alleged comparable item. If foreign availability is found, the Secretary will approve the license for the specific items, countries, and quantities listed on the application. The denied license assessment procedure, however, is not intended to result in the removal of the U.S. export control on an item by incrementally providing a country with amounts that, taken together, would constitute a sufficient quantity of an item. The Secretary will not approve on foreign availability grounds a denied license if the approval of such license would itself render the U.S. export control ineffective in achieving its purpose. In the case of a positive determination, the Secretary will determine whether a decontrol assessment is warranted. If so, then BIS will initiate a decontrol assessment. (c) Decontrol assessment. (1) Any claimant may at any time request that BIS initiate a decontrol assessment by a FAS to BIS alleging foreign availability to any country or countries. (2) A TAC may request that BIS initiate a decontrol assessment at any time by submitting a TAC Certification to BIS that there is foreign availability to a controlled country for items that fall within… | |||||
| 15:15:3.1.1.1.14.0.1.5 | 15 | Commerce and Foreign Trade | VII | C | 768 | PART 768—FOREIGN AVAILABILITY DETERMINATION PROCEDURES AND CRITERIA | § 768.5 Contents of foreign availability submissions and Technical Advisory Committee certifications. | BIS | (a) All foreign availability submissions must contain, in addition to information on product or technology alleged to be available from foreign sources, at least: (1) The name of the claimant; (2) The claimant's mailing and business address; (3) The claimant's telephone number; and (4) A contact point and telephone number. (b) Foreign availability submissions and TAC certifications should contain as much evidence as is available to support the claim, including, but not limited to: (1) Product names and model designations of the items alleged to be comparable; (2) Extent to which the alleged comparable item is based on U.S. technology; (3) Names and locations of the non-U.S. sources and the basis for claiming that the item is a non-U.S. source item; (4) Key performance elements, attributes, and characteristics of the items on which a qualitative comparison may be made; (5) Non-U.S. source's production quantities and/or sales of the alleged comparable items and marketing efforts; (6) Estimated market demand and the economic impact of the control; (7) Product names, model designations, and value of U.S. controlled parts and components incorporated in the items alleged to be comparable; and (8) The basis for the claim that the item is available-in-fact to the country or countries for which foreign availability is alleged. (c) Supporting evidence of foreign availability may include, but is not limited to, the following: (1) Foreign manufacturers' catalogs, brochures, operation or maintenance manuals; (2) Articles from reputable trade and technical publications; (3) Photographs; (4) Depositions based on eyewitness accounts; and (5) Other credible evidence. See supplement no. 1 to part 768 for additional examples of supporting evidence. (d) Upon receipt of a FAS or TAC certification, BIS will review it to determine whether there is sufficient evidence to support the belief that foreign availability may exist. If BIS determines the FAS or TAC certification is lacking in supporting evidence, BIS will … | ||||||
| 15:15:3.1.1.1.14.0.1.6 | 15 | Commerce and Foreign Trade | VII | C | 768 | PART 768—FOREIGN AVAILABILITY DETERMINATION PROCEDURES AND CRITERIA | § 768.6 Criteria. | BIS | BIS will evaluate the evidence contained in a FAS or TAC certification and all other evidence gathered in the assessment process in accordance with certain criteria that must be met before BIS can recommend a positive determination to the Secretary. The criteria are defined in § 768.1(d) of this part. In order to initiate an assessment, each FAS and TAC certification should address each of these criteria. The criteria are statutorily prescribed and are: (a) Available-in-fact; (b) Non-U.S. source; (c) Sufficient quantity; and (d) Comparable quality. | ||||||
| 15:15:3.1.1.1.14.0.1.7 | 15 | Commerce and Foreign Trade | VII | C | 768 | PART 768—FOREIGN AVAILABILITY DETERMINATION PROCEDURES AND CRITERIA | § 768.7 Procedures. | BIS | (a) Initiation of an assessment. (1) Once BIS accepts a FAS or TAC certification of foreign availability, BIS will notify the claimant or TAC that it is initiating the assessment. (2) BIS will publish a Federal Register notice of the initiation of any assessment. (3) BIS will notify the Departments of Defense and State, the intelligence community, and any other departments, agencies and their contractors that may have information concerning the item on which BIS has initiated an assessment. Each such department, agency, and contractor shall provide BIS all relevant information concerning the item. BIS will invite interested departments and agencies to participate in the assessment process (See paragraph (e) of this section). (b) Data gathering. BIS will seek and consider all available information that bears upon the presence or absence of foreign availability, including but not limited to that evidence described in § 768.5 (b) and (c) of this part. As soon as BIS initiates the assessment, it will seek evidence relevant to the assessment, including an analysis of the military needs of a selected country or countries, technical analysis, and intelligence information from the Departments of Defense and State, and other U.S. agencies. Evidence is particularly sought from: industry sources worldwide; other U.S. organizations; foreign governments; commercial, academic and classified data bases; scientific and engineering research and development organizations; and international trade fairs. (c) Analysis. BIS will conduct its analysis by evaluating whether the reasonable and reliable evidence that is relevant to each of the foreign availability criteria provides a sufficient basis to recommend a determination that foreign availability does or does not exist. (d) Recommendation and determination. (1) Upon completion of each assessment, BIS, on the basis of its analysis, will recommend that the Secretary make a determination either that there is or that there is not foreign availability, whichever the evide… | ||||||
| 15:15:3.1.1.1.14.0.1.8 | 15 | Commerce and Foreign Trade | VII | C | 768 | PART 768—FOREIGN AVAILABILITY DETERMINATION PROCEDURES AND CRITERIA | § 768.8 Eligibility of expedited licensing procedures for non-controlled countries. | BIS | [61 FR 12915, Mar. 25, 1996, as amended at 72 FR 25196, May 4, 2007] | (a) BIS determines the eligibility of an item for expedited licensing procedures on the basis of an evaluation of the foreign availability of the item. Eligibility is specific to the items and the countries to which they are found to be available. (b) BIS will initiate an eligibility evaluation: (1) On its own initiative; (2) On receipt of a FAS; or (3) On receipt of a TAC certification. (c) Upon initiation of an eligibility evaluation following receipt of either a FAS or TAC certification, BIS will notify the claimant or TAC of the receipt and initiation of an evaluation and publish a Federal Register notice of the initiation of the evaluation. (d) The criteria for determining eligibility for expedited licensing procedures are: (1) The item must be available-in-fact to the specified non-controlled country from a foreign source; (2) The item must be of a quality similar to that of the U.S.-controlled item; and (3) The item must be available-in-fact to the specified non-controlled country without effective restrictions. (e) Within 30 days of initiation of the evaluation, the Secretary of Commerce will make a determination of foreign availability on the basis of the BIS evaluation and recommendation, taking into consideration the evidence the Secretaries of Defense, State, and other interested agencies provide to BIS and any other information that the Secretary considers relevant. (f) Within 30 days of the receipt of the FAS or TAC certification, BIS will publish the Secretary's determination in the Federal Register, that the item will or will not be eligible for expedited licensing procedures to the stated countries and, where appropriate, amend supplement no. 2 to part 768. (g) Following completion of a self-initiated evaluation, BIS will be notified of the Secretary's determination and, where appropriate, supplement no. 2 to part 768 will be amended. (h) Foreign availability submissions and TAC certifications to initiate an expedited licensing procedure evaluation must be clearly designated on … | |||||
| 15:15:3.1.1.1.14.0.1.9 | 15 | Commerce and Foreign Trade | VII | C | 768 | PART 768—FOREIGN AVAILABILITY DETERMINATION PROCEDURES AND CRITERIA | § 768.9 Appeals of negative foreign availability determinations. | BIS | Appeals of negative determinations will be conducted according to the standards and procedures described in part 756 of the EAR. A Presidential decision (NSO) to deny a license or continue controls notwithstanding a determination of foreign availability is not subject to appeal. | ||||||
| 7:7:7.1.1.4.19.0.9.1 | 7 | Agriculture | VII | D | 768 | PART 768—EQUITABLE RELIEF | § 768.1 Providing equitable relief. | FSA | [87 FR 13124, Mar. 9, 2022, as amended at 89 FR 65062, Aug. 8, 2024] | (a) If the Farm Service Agency (Agency or FSA) determines that a borrower is not in compliance with direct FO, OL, or EM requirements, the Agency may consider equitable relief as specified in this section: (1) Requirements. After determination that a borrower is in noncompliance with loan program requirements, the Agency may provide equitable relief to a borrower if it is determined that the borrower: (i) Acted in good faith; and (ii) Relied on a material action, advice, or non-action from an Agency official to the detriment of the borrower's operation or the action approved by the Agency official resulted in the borrower becoming noncompliant with the loan program requirements. (2) Determination. The material action, advice, or response from an Agency official under paragraph (a)(1) of this section must be documented, unless the Agency official with authority to grant equitable relief determines that documentation is not reasonably available. Notwithstanding any delegations in this chapter, only the Secretary, FSA Administrator, Deputy Administrator for Farm Loan Programs, or any other official within U.S. Department of Agriculture (USDA) specifically designated by the Secretary, may make the determination for the Agency to grant equitable relief and must document the basis for that determination. (3) Relief. If the borrower meets the requirements in paragraph (a)(1) of this section, the Agency may provide to a borrower either or both of the following forms of equitable relief: (i) The borrower may choose to keep loans at current rates or other terms received in association with the loan which was determined to be noncompliant; or (ii) The borrower may receive other equitable relief as the Agency determines to be appropriate. (4) Conditions. As a condition of receiving relief, the Agency may require the borrower to take actions to remedy the noncompliance, provided the borrower agrees those actions do not adversely affect the long-term viability of the borrower's operation. (b) A determination o… | |||||
| 7:7:7.1.1.4.19.0.9.2 | 7 | Agriculture | VII | D | 768 | PART 768—EQUITABLE RELIEF | § 768.2 [Reserved] | FSA |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);