[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: 15CFR744.4]

[Page 333]
 
                  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. 744.4  Restrictions on certain chemical and biological weapons end-uses.

    (a) General prohibition. In addition to the license requirements for 
items specified on the CCL, you may not export or reexport an item 
subject to the EAR without a license if at the time of the export or 
reexport you know the item will be used in the design, development, 
production, stockpiling, or use of chemical or biological weapons in or 
by a country listed in Country Group D:3 (see Supplement No. 1 to part 
740 of the EAR).
    (b) Additional prohibition on exporters informed by BXA. BXA may 
inform the exporter or reexporter, either individually by specific 
notice or through amendment to the EAR, that a license is required for a 
specific export or reexport, or for export or reexport of specified 
items to a certain end-user, because there is an unacceptable risk of 
use in or diversion to such activities, anywhere in the world. Specific 
notice is to be given only by, or at the direction of, the Deputy 
Assistant Secretary for Export Administration. When such notice is 
provided orally, it will be followed by a written notice within two 
working days signed by the Deputy Assistant Secretary for Export 
Administration. However, the absence of any such notification does not 
excuse the exporter from compliance with the license requirements of 
paragraph (a) of this section.
    (c) Exceptions. No License Exceptions apply to the prohibitions 
described in paragraphs (a) and (b) of this section.
    (d) License review standards. (1) Applications to export or reexport 
items subject to this section will be considered on a case-by-case basis 
to determine whether the export or reexport would make a material 
contribution to the design, development, production, stockpiling, or use 
of chemical or biological weapons. When an export is deemed to make such 
a contribution, the license will be denied.
    (2) The following factors are among those that will be considered to 
determine what action should be taken on an application required under 
this section:
    (i) The specific nature of the end-use;
    (ii) The significance of the export in terms of its contribution to 
the design, development, production, stockpiling, or use of chemical or 
biological weapons;
    (iii) The non-proliferation credentials of the importing country;
    (iv) The types of assurances or guarantees against design, 
development, production, stockpiling, or use of chemical or biological 
weapons that are given in a particular case; and
    (v) The existence of a pre-existing contract.5
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    \5\ See Supplement No. 1 to part 742 of the EAR for relevant 
contract sanctity dates.

[61 FR 12802, Mar. 25, 1996, as amended at 62 FR 25459, May 9, 1997]