CONTROL
In this part, the references to the EAR are hereby to 1the 15 CFR chapter, VII, sub-chapter C.
Generally, a person may undertake transactions subject to the EAR without a license or other authorization, unless the regulations affirmatively state such a requirement.
The EAR group of the basic restrictions are into part 736. It contains ten General Prohibitions. The first three General Prohibitions are linked to a control list entry in some way. They are:
1. Classification of the Item.
2. Destination
3. End-use/End-user
For the first General Prohibition to apply, the item leaving the United States or being reexported must have an "x" in the CCL/country chart matrix. For the second to apply, there must be more than minimal U.S. - origin "controlled" content in a "controlled" foreign-made item, with "controlled" again referring to CCL/country chart license requirements for the country to which the foreign-made item is going. For the third to apply, relating to the foreign-produced direct product of U.S. - origin technology or software, one must refer to the CCL to determine if the foreign product is an item controlled for national security reasons.
NOT CONTROL LIST BASED
1. Classification of the Item. The classification of the item on the Commerce Control List. Part 774 of the EAR
2. Destination. The country of ultimate destination for an export or reexport. Part 774 of the EAR.
3. End-user/End-use. The ultimate " End user" to part 764 of the EAR references to persons with whom your transaction may not be permitted. The "End-use" to part 744 of the EAR are the general end-use restrictions. However, a license application submitted pursuant to these provisions might be approved, nonetheless. This would be on the basis of a determination that the particular transaction would not make a material contribution to a missile or chemical/biological weapons program or would not be barred by the licensing standards applicable to nuclear-related exports.
Part 764 and part 744.
KNOWLEDGE
This is the "catch-all" controls that apply when one "knows" that an export is going to a proliferation-related end-use or end-user. There has been a great deal of debate and uncertainty as to what will constitute the "knowledge" that will trigger the need to seek a license.
The definition is broad. It encompasses awareness of a high probability of the existence or future occurrence of a circumstance. The definition permits knowledge to be inferred from evidence of a person's conscious disregard or avoidance of facts.
EMBARGOED COUNTRIES
This applies to exports or reexports to a country embargoed by the United States or otherwise made subject to the controls set forth in Part 746 of the EARs. For embargoed countries, such as Cuba or North Korea. Part 746.
U.S PERSON ACTIVITIES
This prohibition covers the unlicensed knowing involvement by a "U.S. person" in activity related to the proliferation of weapons of mass destruction or of missile delivery systems. The controlled activities include involvement with the export of foreign-origin items and extend beyond export-related activity to cover contract, service, and employment activity. A license may be required. However, no license would be issued if the Bureau of Export Administration (BXA) of the U.S. Department of Commerce determined that the U.S. person activity would make a material contribution to such weapons.
In this part, the references to the EAR are hereby to 1the 15 CFR chapter, VII, sub-chapter C.
Generally, a person may undertake transactions subject to the EAR without a license or other authorization, unless the regulations affirmatively state such a requirement.
The EAR group of the basic restrictions are into part 736. It contains ten General Prohibitions. The first three General Prohibitions are linked to a control list entry in some way. They are:
1. Classification of the Item.
2. Destination
3. End-use/End-user
For the first General Prohibition to apply, the item leaving the United States or being reexported must have an "x" in the CCL/country chart matrix. For the second to apply, there must be more than minimal U.S. - origin "controlled" content in a "controlled" foreign-made item, with "controlled" again referring to CCL/country chart license requirements for the country to which the foreign-made item is going. For the third to apply, relating to the foreign-produced direct product of U.S. - origin technology or software, one must refer to the CCL to determine if the foreign product is an item controlled for national security reasons.
NOT CONTROL LIST BASED
1. Classification of the Item. The classification of the item on the Commerce Control List. Part 774 of the EAR
2. Destination. The country of ultimate destination for an export or reexport. Part 774 of the EAR.
3. End-user/End-use. The ultimate " End user" to part 764 of the EAR references to persons with whom your transaction may not be permitted. The "End-use" to part 744 of the EAR are the general end-use restrictions. However, a license application submitted pursuant to these provisions might be approved, nonetheless. This would be on the basis of a determination that the particular transaction would not make a material contribution to a missile or chemical/biological weapons program or would not be barred by the licensing standards applicable to nuclear-related exports.
Part 764 and part 744.
KNOWLEDGE
This is the "catch-all" controls that apply when one "knows" that an export is going to a proliferation-related end-use or end-user. There has been a great deal of debate and uncertainty as to what will constitute the "knowledge" that will trigger the need to seek a license.
The definition is broad. It encompasses awareness of a high probability of the existence or future occurrence of a circumstance. The definition permits knowledge to be inferred from evidence of a person's conscious disregard or avoidance of facts.
EMBARGOED COUNTRIES
This applies to exports or reexports to a country embargoed by the United States or otherwise made subject to the controls set forth in Part 746 of the EARs. For embargoed countries, such as Cuba or North Korea. Part 746.
U.S PERSON ACTIVITIES
This prohibition covers the unlicensed knowing involvement by a "U.S. person" in activity related to the proliferation of weapons of mass destruction or of missile delivery systems. The controlled activities include involvement with the export of foreign-origin items and extend beyond export-related activity to cover contract, service, and employment activity. A license may be required. However, no license would be issued if the Bureau of Export Administration (BXA) of the U.S. Department of Commerce determined that the U.S. person activity would make a material contribution to such weapons.
