[Code of Federal Regulations]
[Title 15, Volume 2]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR734.6]

[Page 222-223]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
  CHAPTER VII--BUREAU OF INDUSTRY AND SECURITY, DEPARTMENT OF COMMERCE
 
PART 734_SCOPE OF THE EXPORT ADMINISTRATION REGULATIONS--Table of Contents
 
Sec.  734.6  Assistance available from BIS for determining licensing and 
other requirements.

    (a) If you are not sure whether a commodity, software, technology, 
or activity is subject to the EAR, or is subject to licensing or other 
requirements under the EAR, you may ask BIS for an advisory opinion, 
classification, or a determination whether a particular item or activity 
is subject to the EAR. In many instances, including those where the item 
is specially designed, developed, configured, adapted, or modified for 
military application, the item may fall under the licensing jurisdiction 
of the Department of State and may be subject to the controls of the 
International Traffic in Arms Regulations (22 CFR parts 120 through 130) 
(ITAR). In order to determine if the Department of State has licensing 
jurisdiction over an item, you should

[[Page 223]]

submit a request for a commodity jurisdiction determination to the 
Department of State, Office of Defense Trade Controls. Exporters should 
note that in a very limited number of cases, the categories of items may 
be subject to both the ITAR and the EAR. The relevant departments are 
working to eliminate any unnecessary overlaps that may exist.
    (b) As the agency responsible for administering the EAR, BIS is the 
only agency that has the responsibility for determining whether an item 
or activity is subject to the EAR and, if so, what licensing or other 
requirements apply under the EAR. Such a determination only affects EAR 
requirements, and does not affect the applicability of any other 
regulatory programs.
    (c) If you need help in determining BIS licensing or other 
requirements you may ask BIS for help by following the procedures 
described in Sec.  748.3 of the EAR.