[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: 15CFR740.2]

[Page 250]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
  CHAPTER VII--BUREAU OF EXPORT ADMINISTRATION, DEPARTMENT OF COMMERCE
 
PART 740--LICENSE EXCEPTIONS--Table of Contents
 
Sec. 740.2  Restrictions on all License Exceptions.

    (a) You may not use any License Exception if any one or more of the 
following apply:
    (1) Your authorization to use a License Exception has been suspended 
or revoked, or your intended export does not qualify for a License 
Exception.
    (2) The export or reexport is subject to one of the ten General 
Prohibitions, is not eligible for a License Exception, and has not been 
authorized by BXA.
    (3) The item is for surreptitious interception of wire or oral 
communications, controlled under ECCN 5A980, unless you are a U.S. 
Government agency (see Sec. 740.11(b)(2)(ii) of this part, Governments 
(GOV)).
    (4) The commodity you are shipping is a specially designed crime 
control and detection instrument or equipment described in Sec. 742.7 of 
the EAR and you are not shipping to Iceland, New Zealand, or countries 
listed in Country Group A:1 (see Supplement No. 1 to part 740), unless 
the shipment is authorized under License Exception BAG, Sec. 740.14(e) 
of this part (shotguns and shotgun shells).
    (5) The item is controlled for missile technology (MT) reasons, 
except that the items described in ECCNs 6A008, 7A001, 7A002, 7A004, 
7A101, 7A102, 7A103, 7A104, 7B001, 7D001, 7D002, 7D003, 7D101, 7D102, 
7E003, or 7E101, may be exported as part of a manned aircraft, land 
vehicle or marine vehicle or in quantities appropriate for replacement 
parts for such applications under Sec. 740.9(a)(2)(ii) (License 
Exception TMP for kits consisting of replacement parts), Sec. 740.10 
(License Exception RPL), Sec. 740.13 (License Exception TSU), or 
Sec. 740.15(c) (License Exception AVS for equipment and spare parts for 
permanent use on a vessel or aircraft).
    (6) The export or reexport is to an embargoed destination (Cuba, 
Iran, Iraq, and Libya), unless a license exception or portion thereof is 
specifically listed in the license exceptions paragraph pertaining to a 
particular embargoed country in part 746 of the EAR.
    (b) All License Exceptions are subject to revision, suspension, or 
revocation, in whole or in part, without notice. It may be necessary for 
BXA to stop a shipment or an export transaction at any stage of its 
progress, e.g., in order to prevent an unauthorized export or reexport. 
If a shipment is already en route, it may be further necessary to order 
the return or unloading of the shipment at any port of call.
    (c) BXA may by informing the exporter, suspend or revoke any License 
Exception in order to comply with U.S. Wassenaar obligations. In 
addition, BXA may inform an exporter, that before using any License 
Exception, a notice be submitted with BXA concerning the proposed 
export.

[61 FR 12768, Mar. 25, 1996, as amended at 61 FR 64274, Dec. 4, 1996; 62 
FR 25457, May 9, 1997; 63 FR 2456, Jan. 15, 1998; 64 FR 13339, Mar. 18, 
1999; 66 FR 36680, July 12, 2001]