[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: 15CFR748.13]

[Page 383-384]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
  CHAPTER VII--BUREAU OF INDUSTRY AND SECURITY, DEPARTMENT OF COMMERCE
 
PART 748_APPLICATIONS (CLASSIFICATION, ADVISORY, AND LICENSE) AND DOCUMENTATION--Table of Contents
 
Sec.  748.13  Delivery Verification (DV).

    (a) Scope. (1) BIS may request the licensee to obtain verifications 
of delivery on a selective basis. A Delivery Verification Certificate 
(DV) is a document issued by the government of the country of ultimate 
destination after the export has taken place and the items have either 
entered the export jurisdiction of the recipient country or are 
otherwise accounted for by the importer to the issuing government. 
Governments that issue DVs are listed in Supplement No. 4 to this part.
    (2) If BIS decides to request verification of delivery, the request 
will appear as a condition on the face of the license. If the license is 
sent directly to a party other than the applicant authorized to receive 
the license (e.g., agent, forwarder, broker, etc.), such party is 
responsible for notifying the licensee immediately in writing that a DV 
is required.
    (b) Exception to obtaining Delivery Verification. The DV requirement 
for a particular transaction is automatically canceled if, subsequent to 
the issuance of a license, the item is no longer controlled for national 
security reasons. In

[[Page 384]]

this instance, the licensee must send a letter to BIS at the address 
listed in Sec.  748.2(c) of this part, stating that the items on the 
license are no longer controlled for national security reasons, and 
accordingly, the request for DV will not be fulfilled by the licensee.
    (c) Procedure for obtaining Delivery Verification. When notified 
that a DV is required by BIS, the licensee must transmit to the importer 
a written request for a DV at the time of making each shipment under the 
license (whenever possible, this request should be submitted together 
with the related bill of lading or air waybill). The request must 
include the number of the Import or End-User Certificate for the 
transaction referred to on the license, and notify the importer that 
this same Import or End-User Certificate number should be shown on the 
DV.
    (1) The importer must obtain the DV from the appropriate government 
ministry identified in Supplement No. 4 to this part, and forward the 
completed DV to the licensee. The DV must cover the items described on 
the license that have been shipped. Note that BIS must be able to relate 
the description provided in the DV to the approved license. In order to 
ensure the same terminology is used, the licensee should provide the 
importer with the description as it appears on the license.
    (2) The original copy of the DV must be sent to BIS within 90 days 
after the last shipment has been made against the license. If 
verification of delivery is required for items covered by a license 
against which partial shipments have been made, the licensee shall 
obtain the required DV for each partial shipment, and retain these on 
file until all shipments have been made against the license. Once all 
shipments against the license have been made (or the licensee has 
determined that none will be), the licensee must forward, in one 
package, all applicable DVs to BIS at the address listed in Sec.  
748.2(c) of this part.
    (3) The documents must be forwarded with a dated letter giving the 
license number, the name, title and signature of the authorized 
representative, and one of the following statements:
    (i) The total quantity authorized by license number ------ has been 
exported, and all delivery verification documents are attached.
    (ii) A part of the quantity authorized by license number ------ will 
not be exported. Delivery verification documents covering all items 
exported are attached.
    (iii) No shipment has been made against this license, and none is 
contemplated.
    (d) Inability to obtain Delivery Verification Certificates. If a 
licensee is unable to obtain the required DV (within the time frame 
stated above, or at all) from the importer, the licensee must promptly 
notify BIS and, upon request, make available all information and 
records, including correspondence, regarding the attempt to obtain the 
DV.

[61 FR 12812, Mar. 25, 1996, as amended at 62 FR 25461, May 9, 1997]