(6) The export or reexport is to a sanctioned destination (Cuba, Iran, North Korea, Syria, Crimea region of Ukraine, and the so-called Donetsk People's Republic (DNR) and Luhansk People's Republic (LNR) regions of Ukraine) or a license is required based on a limited sanction (Russia or Belarus) unless a license exception or portion thereof is specifically listed in the license exceptions paragraph pertaining to a particular sanctioned country in part 746 of the EAR. In addition to the recordkeeping requirements in part 762 of the EAR, donors must keep records containing the following information: (i) The donor organization's identity and past experience as an exporter of goods to meet basic human needs; (ii) Past and current countries to which the donative programs have been and are being directed, with particular reference to donative programs in embargoed destinations; (iii) Types of projects and commodities involved in the donative programs; (iv) Specific class(es) of beneficiaries of particular donated goods intended to be exported under this License Exception; and. hb```J; eah (a) Temporary exports, reexports, and transfers (in-country). (c) Software updates. Euratom establishes and administers safeguards designed to ensure that special nuclear materials and other related nuclear facilities, equipment, and material are not diverted from peaceful purposes to non-peaceful purposes. (A) Except for gift parcels of food to Cuba, not more than one gift parcel may be sent from the same donor to the same donee in any one calendar month. Note that if the subsequent reexport may be made under the designation No License Required (NLR) or pursuant to an authorization under the EAR, a reexporter does not need to rely on the provisions contained in this paragraph (e). (j) Reexports of items controlled by NP Column 1 (see supplement no. or existing codification. You can learn more about the process 1669 0 obj <>stream (7) With the exception of License Exception GOV ( 740.11(b)(2)), license exceptions are not available for the following 6E001 or 6E002 technology: (i) Technology required for the development or production of photon detector, microbolometer detector, pyroelectric, or multispectral detector, infrared focal plane arrays (IRFPAs), described in ECCN 6A002, having a peak response within the wavelength range exceeding 900 nm but not exceeding 30,000 nm, excluding lead sulfide or lead selenide IRFPAs having a peak response within the wavelength range exceeding 1,000 nm but not exceeding 5,000 nm and not exceeding 16 detector elements; or. (ii) Items may not be exported to Country Group E:1 under this section. (G) The exporter, reexporter, or transferor must obtain an authorization, if required, before any item previously exported, reexported, or transferred (in-country) under this paragraph is resold, transferred, reexported, transshipped, or disposed of to an end user for any end use, or to any destination other than as authorized by this paragraph (e.g., property disposal of surplus items outside of the United States), unless: (1) The transfer is pursuant to a grant, sale, lease, loan, or cooperative project under the Arms Export Control Act or the Foreign Assistance Act of 1961, as amended; or. ECCN Export Number CCATS Scheme f. TariffCode Tariff Code . (2) Classification request required. (3) The export or reexport to Cuba of items for use by U.S. news bureaus engaged in the gathering and dissemination of news to the general public. (2) Items sold directly to individuals in Cuba for their personal use or their immediate family's personal use, other than officials identified in paragraphs (d)(4)(ii) or (iii) of this section. (E) No shipment may be made to countries in Country Group E:1 (see supplement no. Such software updates may be exported or reexported only to the same consignee to whom the original software was exported or reexported, and such software updates may not enhance the functional capacities of the original software. You can That notification must be kept in accordance with paragraph (e)(8) of this section and the Recordkeeping requirements in part 762 of the EAR. (c) Strengthening civil society. The following criteria must be met if a voyage is to be considered a temporary sojourn under this paragraph (d). BIS must receive department or agency objections within nine business days of the referral. No Encryption Registration Number (ERN) required Self classify as 5D002. Items That May Be Donated To Meet Basic Human Needs Under the Humanitarian License Exception, License Exception ENC Favorable Treatment Countries. An order includes commodities valued at $8,000. Operation software may be exported or reexported provided that both of the following conditions are met: (A) The operation software is the minimum necessary to operate equipment authorized for export or reexport; and. Specifically, this reporting requirement applies to mass market encryption components and 'executable software' that meet the criteria of the Cryptography Note - Note 3 to Category 5 - Part 2 of the CCL (mass market note) and are classified under ECCN 5A992.c or 5D992.c following self-classification, as well as to non-mass market encryption commodities and software that remain classified in ECCN 5A002, 5B002 or 5D002 following self-classification, provided these items are not further described by paragraph (b)(2) or (3) of this section. 1 to this part) (countries designated by the Secretary of State as supporting acts of international terrorism) if the commodity to be repaired is an aircraft (as defined in 772.1 of the EAR) or is controlled for national security (NS) reasons. (2) A nonresident alien leaving the United States may export or reexport under this License Exception only such shotguns and shotgun shells as he or she brought into the United States under the provisions of the Department of Justice Regulations (27 CFR 478.115(d)). The Code of Federal Regulations (CFR) is the official legal print publication containing the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government. (vii) The vessel does not bear the livery, colors, or logos of a national of a destination in Country Group E:1 or E:2 (see supplement no. 8 to part 742 for each applicable encryption commodity, software and component made eligible for export or reexport under 740.17(b)(1) of the EAR. (2) 'Digital artifacts' are items (e.g., software or technology) found or discovered on an information system that show past or present activity pertaining to the use or compromise of, or other effects on, that information system. (iii) Items exported, reexported, or transferred (in-country) under this paragraph (a)(11), if not consumed or destroyed in the normal course of authorized temporary use abroad, must be returned to the United States or other country from which the items were so transferred as soon as practicable but no later than four years after the date of export, reexport or transfer (in-country). However, this paragraph (f) does not authorize the export of the container's contents, which, if not exempt from licensing, must be separately authorized for export or reexport under either a license or a license exception. (ii) Destinations. (a) No classification request or reporting required. PEPD tool; . 1 of this part. Washington, DC 20005. (iii) License Exception STA may not be used to export, reexport, or transfer (in-country) end items described in ECCN 0A606.a, ECCN 8A609.a, ECCN 8A620.a or .b, or ECCN 9A610.a until after BIS has approved their export under STA under the procedures set out in 740.20(g). A regular employee means: (i) An individual permanently and directly employed by the university; or. A vessel exported or reexported to a country pursuant to this paragraph (d) may not remain in that country for more than 14 consecutive days before it departs for a country to which it may be exported without a license or the United States. This will be in the form of a notice generated by SNAP-R to the applicant. The aircraft does not fly under a flight number issued to a national of a destination in Country Group E:1 or E:2 (see supplement no. License Exception ACE does not authorize deemed exports and reexports, exports, reexports, or transfers (in-country) of 'cybersecurity items' as follows: (1) To a destination that is listed in Country Group E:1 or E:2 in supplement no.1 to this part. Applicants who receive an approval notification may share it with companies affiliated with them, such as a branch or distributor, and may also take steps to make it public (e.g., on their Web site) if the applicants so wish. (1) Items moving in transit through the United States. A license is required to export or reexport EI-controlled items classified under Export Control Classification Numbers (ECCNs) 5A002, 5D002 and 5E002 on the CCL to all destinations except Canada. To secure this advantage, the sender should show the words U.S.A. The gift parcel must be provided free of charge to the donee. Thanks! Is the item described in . (1) Vessel. Prior to exporting or reexporting any eligible software under this paragraph (c), the exporter or reexporter must obtain the following statement from the testing consignee, which may be included in a contract, non-disclosure agreement, or other document that identifies the importer, the software to be exported, the country of destination, and the testing consignee. Items restricted to eligibility only for the foregoing license exceptions are: (i) Controlled under ECCNs 3A090, 3B090, 4A090, or associated software and technology in 3D001, 3E001, 4D090, and 4E001; or. (ii) Dispatch of vessel. Operation software and technology may be exported or reexported to any destination to which the equipment for which it is required has been or is being legally exported or reexported. 1 to this part, except: (i) 'Digital artifacts' (that are related to a cybersecurity incident involving information systems owned or operated by a 'favorable treatment cybersecurity end user') to police or judicial bodies in Country Group D countries that are also listed in Country Group A:6 for purposes of criminal or civil investigations or prosecutions of such cybersecurity incidents; or. a license is required to export or reexport encryption items ("ei") classified under eccn 5a002, 5a004, 5d002.a, .c.1 or .d (for equipment and "software" in eccns 5a002 or 5a004, 5d002.c.1); or 5e002 for "technology" for the "development," "production," or "use" of commodities or "software" controlled for ei reasons in eccns 5a002, 5a004 or 2 to Part 740 - Items That May Be Donated To Meet Basic Human Needs Under the Humanitarian License Exception, Supplement No. (d) See 746.3 for restrictions on certain transfers within Iraq of items exported or reexported to Iraq pursuant to a License Exception. (iii) Encryption items controlled for EI reasons under ECCNs 5A002, 5A004, 5D002, or 5E002 may not be exported, reexported, or transferred (in-country) under this paragraph (a). License Exception Servicing and replacement of parts and equipment (RPL). (1) Exports, reexports, or in-country transfers to countries not identified in Country Group D:5. Optical sensing fibers not controlled by 6A002.d.3 which are modified structurally to have a `beat length of less than 500 mm (high birefringence) or optical sensor materials not described in 6C002.b and having a zinc content of equal to or more than 6% by `mole fraction. (1) Personal effects. However an order that meets all the LVS eligibility requirements, including the applicable LVS dollar value limit, may be split among two or more shipments. (8) Recordkeeping requirements. The ECCN is a key factor in determining whether you need a license to export dual-use items outside of the U.S. BIS defines an ECCN as a five-digit alphanumeric designation (i.e., 1A984 or 4A001) used in the CCL to identify items for export control purposes. A foreign-origin item may be returned under this license exception to the country from which it was imported if its characteristics and capabilities have not been enhanced while in the United States, except that no foreign-origin items may be returned to Cuba. (3) Ship and plane stores. The Departments of Commerce, Defense and State will review License Exception STA eligibility requests in accordance with the timelines set forth in Executive Order 12981 and 750.4. person' also means any juridical person organized under the laws of the United States, or any jurisdiction within the United States (e.g., corporation, business association, partnership, society, trust, or any other entity, organization or group that is authorized to do business in the United States). 1 to this part). (iv) Terrorist supporting countries. Annual self-classification reporting is required for items classified as ECCN 5A002, 5B002, or 5D002 described in 740.17 (b) (1) that do not have a CCATS and for Mass Market items classified as 5A992.c or 5D992.c under EAR Category 5 - Part 2 Note 3. For purposes of this paragraph, all such toxins that are sent from one exporter, reexporter or transferor to a single end-user, on the same day, constitute one shipment. For Federal Register citations affecting 740.15, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. (3) Confidentiality. All beta test software exported must be destroyed abroad or returned to the exporter within 30 days of the end of the beta test period as defined by the software producer or, if the software producer does not define a test period, within 30 days of completion of the consignee's role in the test. This license exception is available for all items consigned to and for the official use of any agency of a cooperating government within the territory of any cooperating government, except items excluded by paragraph (c)(3) of this section. (h) Special provisions: personal protective equipment classified under ECCN 1A613.c or .d -. (2) Individuals. Can someone please assist me? These needs are considered to extend beyond those of an emergency nature and those that meet direct needs for mere subsistence. 'Network infrastructure' (as applied to encryption items). [61 FR 64274, Dec. 4, 1996, as amended at 63 FR 2456, Jan. 15, 1998; 63 FR 50520, Sept. 22, 1998; 73 FR 57504, Oct. 3, 2008]. The following blocks must be completed, as appropriate: Blocks 1, 2, 3, 4, 5 (by marking box 5 Other), 14, 16, 17, 18, 19, 21, 22 (a), (e), (f), (g), (h), (i), (j), 23, and 25 according to the instructions described in supplement no. If no department or agency objection is raised within 11 business days, STELA will, on the twelfth business day following the date of registration, provide you with confirmation of that fact. (23) Exports of semiautomatic firearms controlled by ECCN 0A501.a sold under a contract or otherwise part of an export that includes $4,000,000 or more of such items are not eligible for any license exceptions except to personnel and agencies of the U.S. Government under License Exception GOV ( 740.11(b) of the EAR), for official use by an agency of NATO, or where a license exception would otherwise be available for the export of such items to a country listed in Country Groups A:5 or A:6 (see supplement no. Mass market treatment is available for software that is generally available to the public by being: (A) Sold from stock at retail selling points, without restriction, by means of: (B) Designed for installation by the user without further substantial support by the supplier. What is ECCN number? 1 to part 774 of the EAR); (ii) Exports for large-scale projects of the kind associated with comprehensive economic growth, such as dams and hydroelectric plants; or. (13) 600 series items that are controlled for missile technology (MT) reasons may not be exported, reexported, or transferred (in-country) under License Exception STA ( 740.20 of the EAR). The provisions of this paragraph (c) authorize exports and reexports to eligible countries of beta test software intended for distribution to the general public. This site contains PDF documents. (D) A party reexporting replacements for defective or unacceptable U.S.-origin equipment must ensure that the commodities or software being replaced were shipped to their present location in accordance with U.S. law and continue to be legally used. The export documentation for this type of transaction must show the exporter as ultimate consignee, in care of the person who will have control over the commodities and software abroad. (3) Cameras described in ECCNs 6A003 may be exported or reexported to and among countries in Country Group A:1 (see supplement no. hbbd```b``u id l$JqdE@74!Fg=@ rX (C) The application to situations abroad of personal knowledge or technical experience acquired in the U.S. (2) Exclusions. See 743.1 of the EAR for special reporting requirements that apply to some exports made pursuant to this section. 1 to this part, or to Russia; (iv) When the firearms entered the U.S. as a temporary import, the temporary importer or its agent: (A) Provided the following statement to U.S. Customs and Border Protection: This shipment will be exported in accordance with and under the authority of License Exception TMP (15 CFR 740.9(b)(5)); (B) Provided to U.S. Customs and Border Protection an invoice or other appropriate import-related documentation (or electronic equivalents) that includes a complete list and description of the firearms being temporarily imported, including their model, make, caliber, serial numbers, quantity, and U.S. dollar value; and, (C) Provided (if temporarily imported for a trade show, exhibition, demonstration, or testing) to U.S. Customs and Border Protection the relevant invitation or registration documentation for the event and an accompanying letter that details the arrangements to maintain effective control of the firearms while they are in the United States; and. (f) Temporary exports and reexports to Cuba. Paragraph (d)(2)(viii) is also required for transactions including 9x515 items. 2 0 obj This License Exception authorizes certain exports and reexports to Cuba that are intended to support the Cuban people by improving their living conditions and supporting independent economic activity; strengthening civil society in Cuba; and improving the free flow of information to, from, and among the Cuban people. External links to other Internet sites should not be construed as an endorsement of the views or privacy policies contained therein. (i) No replacement parts, components, accessories, or attachments may be exported to repair a commodity exported under a license or other authorization if that license or other authorization included a condition that any subsequent replacements may be exported only under a license. (iv) Broadcast or technical personnel with a record of previous broadcast or technical experience who are supporting a freelance journalist working on a freelance journalistic project. This document is available in the following developer friendly formats: Information and documentation can be found in our Vessels subject to the EAR may be reexported under this section on temporary sojourn, provided that: (ii) The vessel's flag will not be changed while abroad; (iv) The vessel will not carry any item for which a license is required and has not been granted by the U.S. Government; (5) No vessels may be exported or reexported under this License Exception to a country in Country Group E:1. The following are ineligible end-users: (i) The Cuban Government or the Cuban Communist Party and organizations they administer or control; (ii) Ministers and Vice-Ministers; members of the Council of State; members of the Council of Ministers; members and employees of the National Assembly of People's Power; members of any provincial assembly; local sector chiefs of the Committees for the Defense of the Revolution; Director Generals and sub-Director Generals and higher of all Cuban ministries and state agencies; employees of the Ministry of the Interior (MININT); employees of the Ministry of Defense (MINFAR); secretaries and first secretaries of the Confederation of Labor of Cuba (CTC) and its component unions; chief editors, editors and deputy editors of Cuban state-run media organizations and programs, including newspapers, television, and radio; or members and employees of the Supreme Court (Tribuno Supremo Nacional); and. Cryptanalytic items classified in ECCN 5A004.a, 5D002.a.3.a, or 5D002.c.3.a, to non- government end users located or headquartered in countries not listed in supplement no. (iii) It does not carry from the United States any item for which an export license is required and has not been granted by the U.S. Government. If the License Exception STA request is approved, the process outlined in paragraph (g)(5)(i) of this section is followed. Containers for which another license exception is not available and that are necessary for shipment of commodities may be exported, reexported, and transferred (in-country) under this paragraph (a)(7). Encryption commodities, software and components not described by paragraph (b)(2) of this section, that provide or perform non-standard cryptography as defined in part 772 of the EAR. (i) Exporters and reexporters must retain a record of the initial written notification they received requesting these commodities be supplied on short notice for a supply mission to the ISS, including the date the exporter or reexporter received complete documentation (i.e., the day on which the 45-day clock begins). (ii) 1A613.c or .d items destined to, or in, Country Group D:5 are eligible for License Exception TMP ( 740.9(a)(11) of the EAR) or License Exception BAG ( 740.14(h)(2) of the EAR). [74 FR 45989, Sept. 8, 2009, as amended at 80 FR 2289, Jan. 16, 2015; 80 FR 8523, Feb. 18, 2015; 80 FR 56902, Sept. 21, 2015; 81 FR 71367, Oct. 17, 2016; 82 FR 51985, Nov. 9, 2017; 86 FR 4933, Jan. 19, 2021; 87 FR 12237, Mar. The commodities or software must remain under the effective control of the exporter or reexporter or its private sector agent, may not be exhibited or demonstrated at any one location for more than 30 days and may not be used for more than the minimum extent required for effective exhibition or demonstration. ; 50 U.S.C. (iii) Authorization to retain item abroad beyond one year. The list of arms embargoed destinations in this table is drawn from 22 CFR 126.1 and State Department Federal Register notices related to arms embargoes (compiled at www.pmddtc.state.gov/embargoed_countries/index.html) and will be amended when the State Department publishes subsequent notices. A locked padlock ) or https:// means youve safely connected to the .gov website. 5A002, 5B002, 5D002, 5E002 CR, GP, IS, TE, TL, MS, GS, IP, IR, TP, OI, OS, IW All except Redesignated at 61 FR 68579, Dec. 30, 1996]. 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