[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: 15CFR740.2]

[Page 249-250]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
  CHAPTER VII--BUREAU OF INDUSTRY AND SECURITY, DEPARTMENT OF COMMERCE
 
PART 740_LICENSE EXCEPTIONS--Table of Contents
 
Sec.  740.2  Restrictions on all License Exceptions.

    (a) You may not use any License Exception if any one or more of the 
following apply:
    (1) Your authorization to use a License Exception has been suspended 
or revoked, or your intended export does not qualify for a License 
Exception.
    (2) The export or reexport is subject to one of the ten General 
Prohibitions, is not eligible for a License Exception, and has not been 
authorized by BIS.
    (3) The item is for surreptitious interception of wire or oral 
communications, controlled under ECCN 5A980, unless you are a U.S. 
Government agency (see Sec.  740.11(b)(2)(ii) of this part, Governments 
(GOV)).
    (4) The commodity you are shipping is a specially designed crime 
control and detection instrument or equipment described in Sec.  742.7 
of the EAR and you are not shipping to Iceland, New Zealand, or 
countries listed in Country Group A:1 (see Supplement No. 1 to part 
740), unless the shipment is authorized under License Exception BAG, 
Sec.  740.14(e) of this part (shotguns and shotgun shells).
    (5) The item is controlled for missile technology (MT) reasons, 
except that the items described in ECCNs 6A008, 7A001, 7A002, 7A004, 
7A101, 7A102, 7A103, 7A104, 7B001, 7D001, 7D002, 7D003, 7D101, 7D102, 
7E003, or 7E101, may be exported as part of a manned aircraft, land 
vehicle or marine vehicle or in quantities appropriate for replacement 
parts for such applications under Sec.  740.9(a)(2)(ii) (License 
Exception TMP for kits consisting of replacement parts), Sec.  740.10 
(License Exception RPL), Sec.  740.13 (License Exception TSU), or Sec.  
740.15(c) (License Exception AVS for equipment and spare parts for 
permanent use on a vessel or aircraft).
    (6) The export or reexport is to an embargoed destination (Cuba, 
Iran, Iraq, and Libya), unless a license exception or portion thereof is 
specifically listed in the license exceptions paragraph pertaining to a 
particular embargoed country in part 746 of the EAR.
    (7) ``Space qualified'' items. Commodities defined in ECCNs 
3A001.b.8 (Traveling Wave Tube Amplifiers (TWTAs) exceeding 18 GHz), 
6A002.e, 6A008.j.1, or 6A998.b; ``software'' for commodities defined in 
ECCNs 3A001.b.8 (Traveling Wave Tube Amplifiers (TWTAs) exceeding 18 
GHz), 6A002.e, 6A008.j.1, or 6A998.b and controlled under ECCNs 3D001 
(Traveling Wave Tube Amplifiers (TWTAs) exceeding 18 GHz), 6D001, 6D002, 
6D104, 6D991; and ``technology'' for commodities defined in ECCNs 
3A001.b.8 (Traveling Wave Tube Amplifiers (TWTAs) exceeding 18 GHz), 
6A002.e, 6A008.j.1, or 6A998.b and controlled under ECCNs 3E001, 6E001, 
6E002, 6E101, 6E102, 6E991.
    (8) The item is controlled under ECCNs 2A983, 2D983 or 2E983 and the 
License Exception is other than:
    (i) RPL, under the provisions of Sec.  740.10, including Sec.  
740.10(a)(3)(v), which prohibits exports and reexports of replacement 
parts to countries in Country Group E:1 (see Supplement 1 to part 740));
    (ii) GOV, restricted to eligibility under the provisions of Sec.  
740.11(b)(2)(ii); or
    (iii) TSU, under the provisions of Sec.  740.13(a) and (c).
    (b) All License Exceptions are subject to revision, suspension, or 
revocation, in whole or in part, without notice. It may be necessary for 
BIS to stop a shipment or an export transaction at any stage of its 
progress, e.g., in order to prevent an unauthorized export or reexport. 
If a shipment is already en route, it may be further necessary to order 
the return or unloading of the shipment at any port of call.
    (c) BIS may by informing the exporter, suspend or revoke any License 
Exception in order to comply with U.S. Wassenaar obligations. In 
addition, BIS

[[Page 250]]

may inform an exporter, that before using any License Exception, a 
notice be submitted with BIS concerning the proposed export.

[61 FR 12768, Mar. 25, 1996, as amended at 61 FR 64274, Dec. 4, 1996; 62 
FR 25457, May 9, 1997; 63 FR 2456, Jan. 15, 1998; 64 FR 13339, Mar. 18, 
1999; 66 FR 36680, July 12, 2001; 67 FR 59725, Sept. 23, 2002; 68 FR 
16211, Apr. 3, 2003]