[Code of Federal Regulations]
[Title 15, Volume 2]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR734.6]

[Page 214]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
  CHAPTER VII--BUREAU OF EXPORT ADMINISTRATION, DEPARTMENT OF COMMERCE
 
PART 734--SCOPE OF THE EXPORT ADMINISTRATION REGULATIONS--Table of Contents
 
Sec. 734.6  Assistance available from BXA for determining licensing and other requirements.

    (a) If you are not sure whether a commodity, software, technology, 
or activity is subject to the EAR, or is subject to licensing or other 
requirements under the EAR, you may ask BXA for an advisory opinion, 
classification, or a determination whether a particular item or activity 
is subject to the EAR. In many instances, including those where the item 
is specially designed, developed, configured, adapted, or modified for 
military application, the item may fall under the licensing jurisdiction 
of the Department of State and may be subject to the controls of the 
International Traffic in Arms Regulations (22 CFR parts 120 through 130) 
(ITAR). In order to determine if the Department of State has licensing 
jurisdiction over an item, you should submit a request for a commodity 
jurisdiction determination to the Department of State, Office of Defense 
Trade Controls. Exporters should note that in a very limited number of 
cases, the categories of items may be subject to both the ITAR and the 
EAR. The relevant departments are working to eliminate any unnecessary 
overlaps that may exist.
    (b) As the agency responsible for administering the EAR, BXA is the 
only agency that has the responsibility for determining whether an item 
or activity is subject to the EAR and, if so, what licensing or other 
requirements apply under the EAR. Such a determination only affects EAR 
requirements, and does not affect the applicability of any other 
regulatory programs.
    (c) If you need help in determining BXA licensing or other 
requirements you may ask BXA for help by following the procedures 
described in Sec. 748.3 of the EAR.

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