[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: 15CFR744.13]

[Page 343-344]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
  CHAPTER VII--BUREAU OF INDUSTRY AND SECURITY, DEPARTMENT OF COMMERCE
 
PART 744_CONTROL POLICY: END-USER AND END-USE BASED--Table of Contents
 
Sec.  744.13  Restrictions on exports and reexports to persons designated 
pursuant to Executive Order 12947 (Specially Designated Terrorist) (SDT).

    Consistent with the purpose of Executive Order 12947 of January 23, 
1995, BIS maintains restrictions on exports and reexports to Specially 
Designated Terrorists (SDTs). Executive Order 12947 prohibits 
transactions by U.S. persons with terrorists who threaten to disrupt the 
Middle East peace process. Pursuant to the Executive Order, the 
Department of the Treasury, Office of Foreign Assets Control (OFAC), 
maintains 31 CFR part 595, the Terrorism Sanctions Regulations. In 
Appendix A to 31 CFR Chapter V, pursuant to 31 CFR part 595, these 
Specially Designated Terrorists are identified by the bracketed suffix 
initials [SDT]. The requirements set forth below further the objectives 
of Executive Order 12947.
    (a) License requirement(s). (1) A license requirement applies to the 
export or reexport to an SDT of any item subject to the EAR.
    (2) To avoid duplication, U.S. persons are not required to seek 
separate authorization for an export or reexport to an SDT of an item 
subject both to the EAR and to OFAC's Terrorism Sanctions Regulations in 
31 CFR part 595. Therefore, if OFAC authorizes an export or reexport of 
an item by a U.S. person to a SDT, no separate authorization from BIS is 
necessary.
    (3) U.S. persons must seek authorization from BIS for the export or 
reexport to an SDT of an item subject to the EAR but not subject to 
OFAC's

[[Page 344]]

Terrorism Sanctions Regulations in 31 CFR part 595.
    (4) Non-U.S. persons must seek authorization from BIS for the export 
from abroad or reexport to an SDT of any item subject to the EAR.
    (5) Any export or reexport to an SDT by a U.S. person of any item 
subject both to the EAR and OFAC's Terrorism Sanctions Regulations in 31 
CFR part 595 and not authorized by OFAC is a violation of the EAR.
    (6) Any export or reexport by a U.S. person to an SDT of any item 
subject to the EAR that is not subject to OFAC's Terrorism Sanctions 
Regulations in 31 CFR part 595 and not authorized by BIS is a violation 
of the EAR. Any export from abroad or reexport by a non-U.S. person to 
an SDT of any item subject to the EAR and not authorized by BIS is a 
violation of the EAR.
    (7) These licensing requirements supplement any other requirements 
set forth elsewhere in the EAR.
    (b) Exceptions. No License Exceptions or other BIS authorization are 
available for export or reexport to an SDT of any item subject to the 
EAR.
    (c) Licensing policy. Applications for licenses for the export or 
reexport to an SDT of any item subject to the EAR generally will be 
denied. You should consult with OFAC concerning transactions subject to 
OFAC licensing requirements.
    (d) Contract sanctity. Contract sanctity provisions are not 
available for license applications reviewed under this section.
    Note to Sec.  744.13: This section does not implement, construe, or 
limit the scope of any criminal statute, including (but not limited to) 
18 U.S.C. 2339B(a)(1) and 2339A, and does not excuse any person from 
complying with any criminal statute, including (but not limited to) 18 
U.S.C. 2339B(a)(1) and 18 U.S.C. 2339A.

[68 FR 34194, June 6, 2003]