[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: 15CFR750.3]

[Page 394-395]
 
                  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. 750.3  Review of license applications by BXA and other government agencies and departments.

    (a) Review by BXA. In reviewing specific license applications, BXA 
will conduct a complete analysis of the license application along with 
all documentation submitted in support of the application. In addition 
to reviewing the item and end-use, BXA will consider the reliability of 
each party to the transaction and review any available intelligence 
information. To the maximum extent possible, BXA will make licensing 
decisions without referral of license applications to other agencies, 
however, BXA may consult with other U.S. departments and agencies 
regarding any license application.
    (b) Review by other departments or agencies. (1) The Departments of 
Defense, Energy, State, and the Arms Control and Disarmament Agency 
(ACDA) have the authority to review any license application submitted 
under the EAR. In addition, BXA may, where appropriate, refer license 
applications to other U.S. government departments or agencies. These 
agencies and departments will be referred to as ``agencies'' for the 
purposes of this part. Though these agencies have the authority to 
review any license application, they may determine that they do not need 
to review certain types of license applications. In these instances, the 
agency will provide BXA with a Delegation of Authority to process those 
license applications without review by that particular agency.
    (2) The Departments of Defense, Energy, State, and ACDA are 
generally concerned with license applications involving items controlled 
for national security, missile technology, nuclear nonproliferation, and 
chemical and biological weapons proliferation reasons or destined for 
countries and/or end uses of concern. In particular, these agencies are 
concerned with reviewing license applications as follows:
    (i) The Department of Defense is concerned primarily with items 
controlled for national security and regional stability reasons and with 
controls related to encryption items;
    (ii) The Department of Energy is concerned primarily with items 
controlled for nuclear nonproliferation reasons;
    (iii) The Department of State is concerned primarily with items 
controlled for regional stability, anti-terrorism, crime control 
reasons, and sanctions; and

[[Page 395]]

    (iv) ACDA is concerned primarily with items controlled for national 
security, nuclear nonproliferation, regional stability, and anti-
terrorism reasons.
    (v) The Department of Justice is concerned with controls relating to 
encryption items.

[61 FR 12829, Mar. 25, 1996, as amended at 61 FR 68585, Dec. 30, 1996; 
63 FR 50525, Sept. 22, 1998]