[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: 15CFR744.14]

[Page 337-338]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
  CHAPTER VII--BUREAU OF EXPORT ADMINISTRATION, DEPARTMENT OF COMMERCE
 
PART 744--CONTROL POLICY: END-USER AND END-USE BASED--Table of Contents
 
Sec. 744.14  Restrictions on exports and certain reexports to designated foreign terrorist organizations.

    Consistent with the objectives of sections 302 and 303 of the Anti-
Terrorism and Effective Death Penalty Act (Anti-Terrorism Act) (Pub.L. 
104-132, 110 Stat. 1214-1319), BXA maintains restrictions on exports and 
certain reexports to designated Foreign Terrorist Organizations. The 
Secretary of State has designated certain designated Foreign Terrorist 
Organizations pursuant to section 302 of the Anti-Terrorism Act. Also 
pursuant to section 302 of the Anti-Terrorism Act, the Department of the 
Treasury, Office of Foreign Assets Control, maintains 31 CFR part 597, 
the Foreign Terrorist Organizations Sanctions Regulations, requiring 
U.S. financial institutions to block all financial transactions 
involving assets of designated Foreign Terrorist Organizations within 
the possession or control of such U.S. financial institutions. Section 
303 of the Anti-Terrorism Act prohibits persons within the United States 
or subject to U.S. jurisdiction from knowingly providing material 
support or resources to a designated Foreign Terrorist Organization and 
makes violations punishable by criminal penalties under title 18, United 
States Code. These designated Foreign Terrorist Organizations are listed 
in the Appendices to 31 CFR Chapter V and identified by the bracketed 
suffix initials [FTO]. The export control requirements set forth below 
further the objectives of the Anti-Terrorism Act.
    (a) License requirement(s). A license requirement applies to:
    (1) All exports and reexports to an FTO of any item subject to the 
EAR on the Commerce Control List (CCL); and
    (2) All exports and reexports to an FTO by a U.S. person of any item 
subject to the EAR.
    (3) Any export or reexport by a U.S. person prohibited by the EAR 
and not authorized by BXA is a violation of the EAR. Any export from 
abroad or reexport by a non-U.S. person of items requiring a license 
pursuant to this section and not authorized by BXA is a violation of the 
EAR.
    (4) These licensing requirements supplement any other requirements 
set forth elsewhere in the EAR.

[[Page 338]]

    (b) Exceptions. No License Exceptions or other BXA authorization for 
items described by paragraph (a) of this section are available for 
exports or reexports to FTOs.
    (c) Licensing policy. Applications for exports and reexports to FTOs 
of all items identified by paragraphs (a)(1) and (a)(2) of this section 
will generally be denied, to the extent they constitute material support 
or resources, as defined in 18 U.S.C. 2339A(b).
    (d) Contract sanctity. Contract sanctity provisions are not 
available for license applications reviewed under this section.
    Note to Sec. 744.14: This section does not implement, construe, or 
limit the scope of any criminal statute, including (but not limited to) 
18 U.S.C. 2339B(a)(1) and 2339A, and does not excuse any person from 
complying with any criminal statute, including (but not limited to) 18 
U.S.C. 2339B(a)(1) and 18 U.S.C. 2339A.

[64 FR 1122, Jan. 8, 1999]