[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: 15CFR768.8]

[Page 543-544]
 
                  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. 768.8  Eligibility of expedited licensing procedures for non-controlled countries.

    (a) BXA determines the eligibility of an item for expedited 
licensing procedures on the basis of an evaluation of the foreign 
availability of the item. Eligibility is specific to the items and the 
countries to which they are found to be available.
    (b) BXA will initiate an eligibility evaluation:
    (1) On its own initiative;
    (2) On receipt of a FAS; or
    (3) On receipt of a TAC certification.
    (c) Upon initiation of an eligibility evaluation following receipt 
of either a FAS or TAC certification, BXA will notify the claimant or 
TAC of the receipt and initiation of an evaluation and publish a Federal 
Register notice of the initiation of the evaluation.
    (d) The criteria for determining eligibility for expedited licensing 
procedures are:
    (1) The item must be available-in-fact to the specified
    non-controlled country from a foreign source;
    (2) The item must be of a quality similar to that of the U.S.-
controlled item; and
    (3) The item must be available-in-fact to the specified non-
controlled country without effective restrictions.
    (e) Within 30 days of initiation of the evaluation, the Secretary of 
Commerce will make a determination of foreign availability on the basis 
of the BXA evaluation and recommendation, taking into consideration the 
evidence the Secretaries of Defense, State, and other interested 
agencies provide to BXA and any other information that the Secretary 
considers relevant.
    (f) Within 30 days of the receipt of the FAS or TAC certification, 
BXA will publish the Secretary's determination in the Federal Register, 
that the item will or will not be eligible for expedited licensing 
procedures to the stated countries and, where appropriate, amend 
Supplement No. 2 to part 768.
    (g) Following completion of a self-initiated evaluation, BXA will be 
notified of the Secretary's determination

[[Page 544]]

and, where appropriate, Supplement No. 2 to part 768 will be amended.
    (h) Foreign availability submissions and TAC certifications to 
initiate an expedited licensing procedure evaluation must be clearly 
designated on their face as a request for expedited licensing procedure 
and must specify the items, quantities and countries alleged eligible. 
Submissions and certifications should be sent to: Department of 
Commerce, Bureau of Export Administration, 14th Street and Pennsylvania 
Avenue, NW., Room 3877, Washington, DC 20230.