[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: 15CFR740.6]

[Page 251-252]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
  CHAPTER VII--BUREAU OF INDUSTRY AND SECURITY, DEPARTMENT OF COMMERCE
 
PART 740_LICENSE EXCEPTIONS--Table of Contents
 
Sec.  740.6  Technology and software under restriction (TSR).

    (a) Scope. License Exception TSR permits exports and reexports of 
technology and software controlled to the ultimate destination for 
national security reasons only and identified by ``TSR--Yes'' in entries 
on the CCL, provided the software or technology is

[[Page 252]]

destined to Country Group B. (See Supplement No. 1 to part 740.) A 
written assurance is required from the consignee before exporting or 
reexporting under this License Exception.
    (1) Required assurance for export of technology. You may not export 
or reexport technology under this License Exception until you have 
received from the importer a written assurance that, without a BIS 
license or License Exception, the importer will not:
    (i) Reexport or release the technology to a national of a country in 
Country Groups D:1 or E:2; or
    (ii) Export to Country Groups D:1 or E:2 the direct product of the 
technology, if such foreign produced direct product is subject to 
national security controls as identified on the CCL (See General 
Prohibition Three, Sec.  736.2(b)(3) of the EAR); or
    (iii) If the direct product of the technology is a complete plant or 
any major component of a plant, export to Country Groups D:1 or E:2 the 
direct product of the plant or major component thereof, if such foreign 
produced direct product is subject to national security controls as 
identified on the CCL or is subject to State Department controls under 
the U.S. Munitions List (22 CFR part 121).
    (2) Required assurance for export of software. You may not export or 
reexport software under this License Exception until you have received 
from the importer a written assurance that, without a BIS license or 
License Exception, the importer will neither:
    (i) Reexport or release the software or the source code for the 
software to a national of a country in Country Groups D:1 or E:2; nor
    (ii) Export to Country Groups D:1 or E:2 the direct product of the 
software, if such foreign produced direct product is subject to national 
security controls as identified on the CCL. (See General Prohibition 
Three, Sec.  736.2(b)(3) of the EAR).
    (3) Form of written assurance. The required assurance may be made in 
the form of a letter or any other written communication from the 
importer, including communications via facsimile, or the assurance may 
be incorporated into a licensing agreement that specifically includes 
the assurances. An assurance included in a licensing agreement is 
acceptable only if the agreement specifies that the assurance will be 
honored even after the expiration date of the licensing agreement. If 
such a written assurance is not received, License Exception TSR is not 
applicable and a license is required. The license application must 
include a statement explaining why assurances could not be obtained.
    (4) Other License Exceptions. The requirements in this License 
Exception do not apply to the export of technology or software under 
other License Exceptions, or to the export of technology or software 
included in an application for the foreign filing of a patent, provided 
the filing is in accordance with the regulations of the U.S. Patent 
Office.
    (b) Reporting requirements. See Sec.  743.1 of the EAR for reporting 
requirements for exports of certain items under License Exception TSR. 
Note that reports are not required for release of technology or source 
code subject to the EAR to foreign nationals in the U.S. under the 
provisions of License Exception TSR.

[61 FR 64275, Dec. 4, 1996, as amended at 63 FR 50520, Sept. 22, 1998; 
63 FR 55019, Oct. 14, 1998]