[Code of Federal Regulations]
[Title 15, Volume 2]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR740.1]

[Page 249-250]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
  CHAPTER VII--BUREAU OF EXPORT ADMINISTRATION, DEPARTMENT OF COMMERCE
 
PART 740--LICENSE EXCEPTIONS--Table of Contents
 
Sec. 740.1  Introduction.

    In this part, references to the EAR are references to 15 CFR chapter 
VII, subchapter C.
    (a) Scope. A ``License Exception'' is an authorization contained in 
this part that allows you to export or reexport under stated conditions, 
items subject to the Export Administration Regulations (EAR) that would 
otherwise require a license under General Prohibition One, Two, Three, 
or Eight, as indicated under one or more of the Export Control 
Classification Numbers (ECCNs) in the Commerce Control List (CCL) in 
Supplement No. 1 to part 774 of the EAR and items subject to the EAR 
that would require a license based on the embargo policies described in 
part 746 of the EAR. If your export or reexport is subject to General 
Prohibition Six for embargoed destinations, refer to part 746 of the EAR 
to determine the availability of any License Exceptions. Special 
commodity controls apply to short supply items. License Exceptions for 
items listed on the CCL as controlled for Short Supply reasons are found 
in part 754 of the EAR. If your export or reexport is subject to General 
Prohibition Five, consult part 744 of the EAR. If your export or 
reexport is subject to General Prohibitions Four, Seven, Nine, or Ten, 
then no License Exceptions apply.
    (b) Certification. By using any of the License Exceptions you are 
certifying that the terms, provisions, and conditions for the use of the 
License Exception described in the EAR have been met. Please refer to 
part 758 of the EAR for clearance of shipments and documenting the use 
of License Exceptions.
    (c) License Exception symbols. Each License Exception bears a three 
letter symbol that will be used for export clearance purposes (see 
paragraph (d) of this section).
    (d) Shipper's Export Declaration or Automated Export System (AES) 
record. You must enter on any required Shipper's Export Declaration 
(SED) or Automated Export System (AES) record the correct License 
Exception symbol (e.g., LVS, GBS, CIV) and the correct Export Control 
Classification Number (ECCN) (e.g., 4A003, 5A002) for all shipments of 
items exported under a License Exception. Items temporarily in the 
United States meeting the provisions of License Exception TMP, under 
Sec. 740.9(b)(3), are excepted from this requirement. See Sec. 758.1 of 
the EAR for Shipper's Export Declaration requirements or Sec. 758.2 of 
the EAR for Automated Export System (AES) requirements.
    (e) Destination Control Statement. You may be required to enter an 
appropriate Destination Control Statement

[[Page 250]]

on commercial documents in accordance with Destination Control Statement 
requirements of Sec. 758.6 of the EAR.
    (f) Recordkeeping. Records of transactions involving exports under 
any of the License Exceptions must be maintained in accordance with the 
recordkeeping requirements of part 762 of the EAR.

[61 FR 12768, Mar. 25, 1996, as amended at 61 FR 64274, Dec. 4, 1996; 62 
FR 25457, May 9, 1997; 65 FR 42568, July 10, 2000; 66 FR 36680, July 12, 
2001; 66 FR 42109, Aug. 10, 2001]