[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: 15CFR768.4]

[Page 539]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
  CHAPTER VII--BUREAU OF EXPORT ADMINISTRATION, DEPARTMENT OF COMMERCE
 
PART 768--FOREIGN AVAILABILITY DETERMINATION PROCEDURES AND CRITERIA--Table of Contents
 
Sec. 768.4  Initiation of an assessment.

    (a) Assessment request. To initiate an assessment, each claimant or 
TAC must submit a FAS or a TAC Certification to BXA. TACs are authorized 
to certify foreign availability only to controlled countries. Claimants 
can allege foreign availability for either controlled or non-controlled 
countries.
    (b) Denied license assessment. A claimant whose license application 
BXA has denied, or for which it has issued a letter of intent to deny on 
national security grounds, may request that BXA initiate a denied 
license assessment by submitting a Foreign Availability Submission (FAS) 
within 90 days after denial of the license. As part of its submission, 
the claimant must request that the specified license application be 
approved on the grounds of foreign availability. The evidence must 
relate to the particular export as described on the license application 
and to the alleged comparable item. If foreign availability is found, 
the Secretary will approve the license for the specific items, 
countries, and quantities listed on the application. The denied license 
assessment procedure, however, is not intended to result in the removal 
of the U.S. export control on an item by incrementally providing a 
country with amounts that, taken together, would constitute a sufficient 
quantity of an item. The Secretary will not approve on foreign 
availability grounds a denied license if the approval of such license 
would itself render the U.S. export control ineffective in achieving its 
purpose. In the case of a positive determination, the Secretary will 
determine whether a decontrol assessment is warranted. If so, then BXA 
will initiate a decontrol assessment.
    (c) Decontrol assessment. (1) Any claimant may at any time request 
that BXA initiate a decontrol assessment by a FAS to BXA alleging 
foreign availability to any country or countries.
    (2) A TAC may request that BXA initiate a decontrol assessment at 
any time by submitting a TAC Certification to BXA that there is foreign 
availability to a controlled country for items that fall within the area 
of the TAC's technical expertise.
    (3) The Secretary, on his/her own initiative, may initiate a 
decontrol assessment.
    (d) BXA mailing address. All foreign availability submissions and 
TAC certifications should be submitted to: Department of Commerce, 
Bureau of Export Administration, 14th Street and Pennsylvania Avenue, 
NW, Room 3877, Washington, DC 20230.