[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: 15CFR750.10]

[Page 402-403]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
  CHAPTER VII--BUREAU OF EXPORT ADMINISTRATION, DEPARTMENT OF COMMERCE
 
PART 750--APPLICATION PROCESSING, ISSUANCE OR AND DENIAL--Table of Contents
 
Sec. 750.10  Transfers of licenses for exports.

    (a) Authorization. As the licensee, you may not transfer a license 
issued for the export of items from the United States to any other 
party, except with the prior written approval of BXA. BXA may authorize 
a transfer of a license for export to a transferee who is subject to the 
jurisdiction of the United States, is a principal party in interest, and 
will assume all powers and responsibilities under the license for the 
control of the shipment of the items out of the United States. BXA will 
approve only one transfer of the same license and only transfers of 
licenses to export items.
    (b) How to request the transfer of licenses--(1) Letter from 
licensee. You, as the licensee, must submit a letter in writing to 
request a transfer of a license or licenses. The letter must contain the 
following information:
    (i) The reasons for the requested transfer;
    (ii) Either a list of the outstanding license numbers or a statement 
that all outstanding licenses in the name of the licensee are to be 
transferred, and the total number of such outstanding licenses;
    (iii) A list of all license applications for export to be 
transferred that are

[[Page 403]]

pending with BXA, identifying the Application Control Number for each, 
or other information that will assist in identifying the pending license 
applications;
    (iv) Name and address of the person you intend to transfer the 
licenses and license applications to;
    (v) The facts necessitating transfer;
    (vi) A statement as to whether or not any consideration has been, or 
will be, paid for the transfer; and
    (vii) Identification by name of the legal document (certificate, 
agreement, etc.) or other authority by which the new firm name is 
legally established, the new corporation or firm created, or the assets 
transferred and showing the effective date of such document and the 
state where filed or recorded.
    (2) Information from transferee. The person to whom you wish to 
transfer your license(s) must provide you a signed letter, that must be 
submitted with your request, containing the following:
    (i) That the transferee is a principal party in interest in the 
transaction covered by the license, or is acting as agent for a 
principal party in interest;
    (ii) That the transferee is subject to the jurisdiction of the 
United States;
    (iii) That the transferee assumes all powers and responsibilities 
under the license for the control of the shipment of the items out of 
the United States;
    (iv) Whether any consideration has been, has not been, or will be 
paid for the transfer;
    (v) The name and address of the foreign principal in instances where 
the transferee will make the export as an agent on behalf of a foreign 
principal; and
    (vi) If the license is to be transferred to a subsidiary or firm, or 
if you transfer to the transferee all, or a substantial portion, of your 
assets or business, the transferee must certify that the legal authority 
changing the exporter imposes on the transferee the responsibility to 
accept and fulfill the obligations of the transferor under the 
transactions covered by the license; and
    (vii) The following certification:

    The undersigned hereby certifies that, if license number(s) 
____________ is (are) transferred in accordance with my (our) request, 
any and all documents evidencing the order covered by this (these) 
license(s) will be retained and made available upon request in 
compliance with the recordkeeping provisions contained in Part 762 of 
the Export Administration Regulations. The undersigned further certifies 
compliance with all requirements of the Export Administration 
Regulations regarding these licenses.

    (c) Notification of transfer and recordkeeping. Unless instructed 
otherwise by BXA, you must retain the license(s) pending notification by 
BXA of the action taken. If the request is approved, you must forward 
the license(s) to the transferee and the validated letter received from 
BXA authorizing the transfer. If the transfer request is not approved, 
the license(s) must either be returned to BXA or used by you if you so 
choose and have retained the legal and operational capacity fully to 
meet the responsibilities imposed by the license(s). If your initial 
request is returned by BXA for additional information, after obtaining 
the necessary information you may resubmit your request.

[61 FR 12829, Mar. 25, 1996, as amended at 62 FR 25463, May 9, 1997]