[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: 15CFR758.5]

[Page 447-448]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
  CHAPTER VII--BUREAU OF INDUSTRY AND SECURITY, DEPARTMENT OF COMMERCE
 
PART 758_EXPORT CLEARANCE REQUIREMENTS--Table of Contents
 
Sec.  758.5  Conformity of documents and unloading of items.

    (a) Purpose. The purpose of this section is to prevent items 
licensed for export from being diverted while in transit or thereafter. 
It also sets forth the duties of the parties when the items are unloaded 
in a country other than that of the ultimate consignee as stated on the 
export license.
    (b) Conformity of documents. When a license is issued by BIS, the 
information entered on related export control documents (e.g., the SED 
or AES record, bill of lading or air waybill) must be consistent with 
the license.
    (c) Issuance of the bill of lading or air waybill. (1) Ports in the 
country of the ultimate consignee. No person may issue a bill of lading 
or air waybill that provides for delivery of licensed items to any 
foreign port located outside the country of the intermediate or the 
ultimate consignee named on the BIS license and Shipper's Export 
Declaration (SED) or AES electronic equivalent.
    (2) Optional ports of unloading. (i) Licensed items. No person may 
issue a bill of lading or air waybill that provides for delivery of 
licensed items to optional ports of unloading unless all the optional 
ports are within the country of ultimate destination or are included on 
the BIS license and SED or AES electronic equivalent.
    (ii) Unlicensed items. For shipments of items that do not require a 
license, the exporter may designate optional ports of unloading on the 
SED or AES electronic equivalent and other export control documents, so 
long as the optional ports are in countries to which the items could 
also have been exported without a license. See also 15 CFR 30.7(h) of 
the FTSR.
    (d) Delivery of items. No person may deliver items to any country 
other than the country of the intermediate or ultimate consignee named 
on the BIS license and SED or AES record without prior written 
authorization from BIS, except for reasons beyond the control of the 
carrier (such as acts of God, perils of the sea, damage to the carrier, 
strikes, war, political disturbances or insurrection).
    (e) Procedures for unscheduled unloading. (1) Unloading in country 
where no license is required. When items are unloaded in a country to 
which the items could be exported without a license issued by BIS, no 
notification to BIS is required. However, any persons disposing of the 
items must continue to comply with the terms and conditions of any 
License Exception, and with any other relevant provisions of the EAR.
    (2) Unloading in a country where a license is required. (i) When 
items are unloaded in a country to which the items would require a BIS 
license, no person may effect delivery or entry of the items into the 
commerce of the country where unloaded without prior written approval 
from BIS. The carrier, in ensuring that the items do not enter the 
commerce of the country, may have to place the items in custody, or 
under bond or other guaranty. In addition, the carrier must inform the 
exporter and BIS of the unscheduled unloading in a time frame that will 
enable the exporter to submit its report within 10 days from the date of 
unscheduled unloading. The exporter must within 10 days of the 
unscheduled unloading report the facts to and request authorization for 
disposition from BIS using either: mail, fax, or E-mail. The report to 
BIS must include:
    (A) A copy of the manifest of the diverted cargo;
    (B) Identification of the place of unloading;
    (C) Statement that explains why the unloading was necessary; and
    (D) A proposal for disposition of the items and a request for 
authorization for such disposition from BIS.
    (ii) Contact information. U.S. Department of Commerce, Bureau of 
Industry and Security, Office of Exporter Services, Room 1093, 14th and 
Pennsylvania Avenue, NW, Washington, DC 20230; phone number 202-482-
0436; facsimile

[[Page 448]]

number 202-482-3322; and E-Mail address: RPD@BIS.DOC.GOV.

[65 FR 42573, July 10, 2000]