[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: 15CFR764.2]

[Page 521-522]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
  CHAPTER VII--BUREAU OF INDUSTRY AND SECURITY, DEPARTMENT OF COMMERCE
 
PART 764_ENFORCEMENT AND PROTECTIVE MEASURES--Table of Contents
 
Sec.  764.2  Violations.

    (a) Engaging in prohibited conduct. No person may engage in any 
conduct prohibited by or contrary to, or refrain from engaging in any 
conduct required by, the EAA, the EAR, or any order, license or 
authorization issued thereunder.
    (b) Causing, aiding, or abetting a violation. No person may cause or 
aid, abet, counsel, command, induce, procure, or permit the doing of any 
act prohibited, or the omission of any act required, by the EAA, the 
EAR, or any order, license or authorization issued thereunder.
    (c) Solicitation and attempt. No person may solicit or attempt a 
violation of the EAA, the EAR, or any order, license or authorization 
issued thereunder.
    (d) Conspiracy. No person may conspire or act in concert with one or 
more persons in any manner or for any purpose to bring about or to do 
any act that constitutes a violation of the EAA, the EAR, or any order, 
license or authorization issued thereunder.
    (e) Acting with knowledge of a violation. No person may order, buy, 
remove, conceal, store, use, sell, loan, dispose of, transfer, 
transport, finance, forward, or otherwise service, in whole or in part, 
any item exported or to be exported from the United States, or that is 
otherwise subject to the EAR, with knowledge that a violation of the 
EAA, the EAR, or any order, license or authorization issued thereunder, 
has occurred, is about to occur, or is intended to occur in connection 
with the item.
    (f) Possession with intent to export illegally. No person may 
possess any item controlled for national security or foreign policy 
reasons under sections 5 or 6 of the EAA:
    (1) With intent to export or reexport such item in violation of the 
EAA, the EAR, or any order, license or authorization issued thereunder; 
or
    (2) With knowledge or reason to believe that the item would be so 
exported or reexported.
    (g) Misrepresentation and concealment of facts. (1) No person may 
make any false or misleading representation, statement, or 
certification, or falsify or conceal any material fact, either directly 
to BIS, the United States Customs Service, or an official of any other 
United States agency, or indirectly through any other person:
    (i) In the course of an investigation or other action subject to the 
EAR; or
    (ii) In connection with the preparation, submission, issuance, use, 
or maintenance of any export control document or restrictive trade 
practice or boycott request report, as defined in Sec.  760.6 of the 
EAR; or
    (iii) For the purpose of or in connection with effecting an export, 
reexport or other activity subject to the EAR.
    (2) All representations, statements, and certifications made by any 
person are deemed to be continuing in effect. Every person who has made 
any representation, statement, or certification must notify BIS and any 
other relevant agency, in writing, of any change of any material fact or 
intention from that previously represented, stated, or certified, 
immediately upon receipt of any information that would lead a reasonably 
prudent person to know that a change of material fact or intention has 
occurred or may occur in the future.
    (h) Evasion. No person may engage in any transaction or take any 
other action with intent to evade the provisions of the EAA, the EAR, or 
any

[[Page 522]]

order, license or authorization issued thereunder.
    (i) Failure to comply with reporting, recordkeeping requirements. No 
person may fail or refuse to comply with any reporting or recordkeeping 
requirement of the EAR or of any order, license or authorization issued 
thereunder.
    (j) License alteration. Except as specifically authorized in the EAR 
or in writing by BIS, no person may alter any license, authorization, 
export control document, or order issued under the EAR.
    (k) Acting contrary to the terms of a denial order. No person may 
take any action that is prohibited by a denial order. See Sec.  
764.3(a)(2) of this part.

[61 FR 12902, Mar. 25, 1996, as amended at 62 FR 25469, May 9, 1997]