[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: 15CFR744.3]

[Page 337-338]
 
                  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.  744.3  Restrictions on certain missile end-uses.

    (a) General prohibition. In addition to the license requirements for 
items specified on the CCL, you may not export or reexport an item 
subject to the EAR without a license if at the time of the export or 
reexport you know the item:
    (1) Is destined to or for a project listed in the footnote to 
Country Group

[[Page 338]]

D:4 (see Supplement No. 1 to part 740 of the EAR); or
    (2) Will be used in the design, development, production or use of 
missiles in or by a country listed in Country Group D:4, whether or not 
that use involves a listed project.
    (b) Additional prohibition on exporters informed by BIS. BIS may 
inform the exporter or reexporter, either individually by specific 
notice or through amendment to the EAR, that a license is required for a 
specific export or reexport, or for exports or reexports of specified 
items to a certain end-user, because there is an unacceptable risk of 
use in or diversion to activities described in paragraph (a) of this 
section, anywhere in the world. Specific notice is to be given only by, 
or at the direction of, the Deputy Assistant Secretary for Export 
Administration. When such notice is provided orally, it will be followed 
by a written notice within two working days signed by the Deputy 
Assistant Secretary for Export Administration. However, the absence of 
any such notification does not excuse the exporter from compliance with 
the license requirements of paragraph (a) of this section. An 
illustrative list of projects is included in a footnote to Country Group 
D:4. Exporters and reexporters are deemed to have been informed that an 
individual license is required to export or reexport to these projects. 
Exporters should be aware that the list of projects in Country Group D:4 
is not comprehensive; extra caution should be exercised when making any 
shipments to a country listed in Country Group D:4.
    (c) Exceptions. No License Exceptions apply to the prohibitions 
described in paragraph (a) and (b) of this section.
    (d) License review standards for certain missile end-uses. (1) 
Applications to export the items subject to this section will be 
considered on a case-by-case basis to determine whether the export would 
make a material contribution to the proliferation of missiles. When an 
export is deemed to make a material contribution, the license will be 
denied.
    (2) The following factors are among those that will be considered to 
determine what action should be taken on an application required by this 
section:
    (i) The specific nature of the end-use;
    (ii) The significance of the export in terms of its contribution to 
the design, development, production, or use of missiles;
    (iii) The capabilities and objectives of the missile and space 
programs of the recipient country;
    (iv) The non-proliferation credentials of the importing country;
    (v) The types of assurances or guarantees against design, 
development, production or use for missiles delivery purposes that are 
given in a particular case; and
    (vi) The existence of a pre-existing contract.

[61 FR 12802, Mar. 25, 1996, as amended at 62 FR 25459, May 9, 1997]