[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: 15CFR744.6]

[Page 339-340]
 
                  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.  744.6  Restrictions on certain activities of U.S. persons.

    (a) General prohibitions--(1) Activities related to exports. (i) No 
U.S. person as defined in paragraph (c) of this section may, without a 
license from BIS, export, reexport, or transfer to or in any country any 
item where that person knows that such items:
    (A) Will be used in the design, development, production, or use of 
nuclear explosive devices in or by a country listed in Country Group D:2 
(see Supplement No. 1 to part 740 of the EAR).
    (B) Will be used in the design, development, production, or use of 
missiles in or by a country listed in Country Group D:4 (see Supplement 
No. 1 to part 740 of the EAR); or
    (C) Will be used in the design, development, production, 
stockpiling, or use of chemical or biological weapons in or by a country 
listed in Country Group D:3 (see Supplement No. 1 to part 740 of the 
EAR).
    (ii) No U.S. person shall, without a license from BIS, knowingly 
support an export, reexport, or transfer that does not have a license as 
required by this section. Support means any action, including financing, 
transportation, and freight forwarding, by which a person facilitates an 
export, reexport, or

[[Page 340]]

transfer without being the actual exporter or reexporter.
    (2) Other activities unrelated to exports. No U.S. person shall, 
without a license from BIS:
    (i) Perform any contract, service, or employment that the U.S. 
person knows will directly assist in the design, development, 
production, or use of missiles in or by a country listed in Country 
Group D:4 (see Supplement No. 1 to part 740 of the EAR); or
    (ii) Perform any contract, service, or employment that the U.S. 
person knows directly will directly assist in the design, development, 
production, stockpiling, or use of chemical or biological weapons in or 
by a country listed in Country Group D:3 (see Supplement No. 1 to part 
740 of the EAR).
    (3) Whole plant requirement. No U.S. person shall, without a license 
from BIS, participate in the design, construction, export, or reexport 
of a whole plant to make chemical weapons precursors identified in ECCN 
1C350, in countries other than those listed in Country Group A:3 
(Australia Group) (See Supplement No. 1 to part 740 of the EAR).
    (b) Additional prohibitions on U.S. persons informed by BIS. BIS may 
inform U.S. persons, either individually or through amendment to the 
EAR, that a license is required because an activity could involve the 
types of participation and support 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.
    (c) Definition of U.S. person. For purposes of this section, the 
term U.S. person includes:
    (1) Any individual who is a citizen of the United States, a 
permanent resident alien of the United States, or a protected individual 
as defined by 8 U.S.C. 1324b(a)(3);
    (2) Any juridical person organized under the laws of the United 
States or any jurisdiction within the United States, including foreign 
branches; and
    (3) Any person in the United States.
    (d) Exceptions. No License Exceptions apply to the prohibitions 
described in paragraphs (a) and (b) of this section.
    (e) License review standards. Applications to engage in activities 
otherwise prohibited by this section will be denied if the activities 
would make a material contribution to the design, development, 
production, stockpiling, or use of nuclear explosive devices, chemical 
or biological weapons, or of missiles.

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