[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: 15CFR744.7]

[Page 340-341]
 
                  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.  744.7  Restrictions on certain exports to and for the use of 
certain foreign vessels or aircraft.

    (a) General end-use 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 to, or for the use of, a foreign 
vessel or aircraft, whether an operating vessel or aircraft or one under 
construction, located in any port including a Canadian port, unless a 
License Exception or NLR permits the shipment to be made:
    (1) To the country in which the vessel or aircraft is located, and
    (2) To the country in which the vessel or aircraft is registered, or 
will be registered in the case of a vessel or aircraft under 
construction, and
    (3) To the country, including a national thereof, which is currently 
controlling, leasing, or chartering the vessel or aircraft.
    (b) Exception for U.S. and Canadian carriers. (1) Notwithstanding 
the general end-use prohibition in paragraph (a) of this section, export 
and reexport may be made of the commodities described in paragraph 
(b)(3) of this section, for use by or on a specific vessel or plane of 
U.S. or Canadian registry located at any seaport or airport outside the 
United States or Canada except a port in Country Group D:1 (excluding 
the PRC and Romania), (see Supplement No. 1 to part 740) provided

[[Page 341]]

that such commodities are 6 all of the following:
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    \6\ Where a license is required, see Sec. Sec.  748.2 and 748.4(g) 
of the EAR.
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    (i) Ordered by the person in command or the owner or agent of the 
vessel or plane to which they are consigned;
    (ii) Intended to be used or consumed on board such vessel or plane 
and necessary for its proper operation;
    (iii) In usual and reasonable kinds and quantities during times of 
extreme need, except that usual and reasonable quantities of ship's 
bunkers or aviation fuel are considered to be only that quantity 
necessary for a single onward voyage or flight; and
    (iv) Shipped as cargo for which a Shipper's Export Declaration (SED) 
or Automated Export System (AES) record is filed in accordance with the 
requirements of the Foreign Trade Statistics Regulations (15 CFR part 
30), except that an SED or AES record is not required when any of the 
commodities, other than fuel, is exported by U.S. airlines to their own 
aircraft abroad for their own use.
    (2) Exports to U.S. or Canadian Airline's Installation or Agent. 
Exports and reexports of the commodities described in paragraph (e) of 
this section, except fuel, may be made to a U.S. or Canadian airline's 
installation or agent in any foreign destination except Country Group 
D:1 (excluding the PRC and Romania), (see Supplement No. 1 to part 740) 
provided such commodities are all of the following:
    (i) Ordered by a U.S. or Canadian airline and consigned to its own 
installation or agent abroad;
    (ii) Intended for maintenance, repair, or operation of aircraft 
registered in either the United States or Canada, and necessary for the 
aircraft's proper operation, except where such aircraft is located in, 
or owned, operated or controlled by, or leased or chartered to, Country 
Group D:1 (excluding the PRC) (see Supplement No. 1 to part 740) or a 
national of such country;
    (iii) In usual and reasonable kinds and quantities; and
    (iv) Shipped as cargo for which a Shipper's Export Declaration (SED) 
or Automated Export System (AES) record is filed in accordance with the 
requirements of the Foreign Trade Statistics Regulations (15 CFR part 
30), except that an SED or AES record is not required when any of these 
commodities is exported by U.S. airlines to their own installations and 
agents abroad for use in their aircraft operations.
    (3) Applicable commodities. This Sec.  744.7 applies to the 
commodities listed subject to the provisions in paragraph (b) of this 
section:
    (i) Fuel, except crude petroleum and blends of unrefined crude 
petroleum with petroleum products, which is of non-Naval Petroleum 
Reserves origin or derivation (refer to short supply controls in part 
754 of the EAR);
    (ii) Deck, engine, and steward department stores, provisions, and 
supplies for both port and voyage requirements, except crude petroleum, 
provided that any commodities which are listed in Supplement No. 2 to 
part 754 of the EAR are of non-Naval Petroleum Reserves origin or 
derivation (refer to short supply controls in part 754 of the EAR);
    (iii) Medical and surgical supplies;
    (iv) Food stores;
    (v) Slop chest articles;
    (vi) Saloon stores or supplies; and
    (vii) Equipment and spare parts.

[61 FR 12802, Mar. 25, 1996, as amended at 65 FR 38160, June 19, 2000; 
68 FR 50472, Aug. 21, 2003]