[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: 15CFR746.3]

[Page 361-362]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
  CHAPTER VII--BUREAU OF INDUSTRY AND SECURITY, DEPARTMENT OF COMMERCE
 
PART 746_EMBARGOES AND OTHER SPECIAL CONTROLS--Table of Contents
 
Sec.  746.3  Iraq.

    (a) License requirements. OFAC administers an embargo against Iraq 
under the authority of the International Emergency Economic Powers Act 
of 1977, as amended, and the United Nations Participation Act of 1945, 
as amended, and in conformance with United Nations Security Council 
Resolutions. The applicable OFAC regulations, the Iraqi Sanctions 
Regulations, are found in 31 CFR part 575. You should consult with OFAC 
for authorization to export or reexport items subject to U.S. 
jurisdiction to Iraq, or to any entity owned or controlled by, or 
specially designated as acting for or on behalf of, the Government of 
Iraq. Please note that such applications will generally be denied by 
OFAC, absent a published policy stating otherwise. Under the EAR, you 
need a license to export or reexport to Iraq any item on the CCL 
containing a CB Column 1, CB

[[Page 362]]

Column 2, CB Column 3, NP Column 1, NP Column 2, NS Column 1, NS Column 
2, MT Column 1, RS Column 1, RS Column 2, CC Column 1, CC Column 2, CC 
Column 3 in the Country Chart Column of the License Requirements section 
of an ECCN, or classified under ECCNs 1C980, 1C981, 1C982, 1C983, 1C984, 
1C997, 5A980, 0A980, 0A982, 0A983, 0A985, and 0E982; however, to avoid 
duplication, an authorization from OFAC constitutes authorization under 
the EAR, and no separate BIS authorization is necessary. No person may 
export or reexport any item subject to both the EAR and OFAC's Iraqi 
Sanctions Regulations without prior OFAC authorization. Exports and 
reexports subject to the EAR that are not subject to the Iraqi Sanctions 
Regulations may require authorization from BIS.
    (1) License Exceptions. You may export or reexport without a license 
if your transaction meets all the applicable terms and conditions of one 
of the following License Exceptions. Read each License Exception 
carefully, as the provisions available for embargoed countries are 
generally narrow.
    (i) Baggage (BAG) (see Sec.  740.14 of the EAR).
    (ii) Governments and international organizations (GOV) (see Sec.  
740.11 of the EAR).
    (2) Exports for the official use of the United Nations, its 
personnel or agencies (excluding its relief or developmental agencies). 
You must consult with OFAC to determine what transactions are eligible.
    (b) Iraq has been designated by the Secretary of State as a country 
that has repeatedly provided support for acts of international 
terrorism. For anti-terrorism controls, see Supplement 2 to part 742 of 
the EAR.
    (c) Related controls. OFAC maintains controls on the activities of 
U.S. persons, wherever located, involving transactions with Iraq or any 
specially designated Iraqi national, as provided in 31 CFR part 575.

[61 FR 12806, Mar. 25, 1996, as amended at 61 FR 64284, Dec. 4, 1996; 62 
FR 25460, May 9, 1997; 66 FR 36682, July 12, 2001]