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§ 738.4 Determining whether a license is required.

2A000: Entry heading. License Requirements Reason for Control: NS, NP, AT Control(s) Country chart(see Supp. No. 1 to part 738) NS applies to entire entry NS Column 2. NP applies to 2A000.b entire entry NP Column 1. AT applies to entire entry AT Column 1. List Based License Exceptions (See Part 740 for a Description of all License Exceptions) LVS: $5,000 GBS: Yes List of Items Controlled Related Definition: N/A Related Controls: N/A Items: a. Having x. b. Having z. (a) Using the CCL and the Country Chart—(1) Overview.

§ 738.3 Commerce Country Chart structure.

(a) Scope. The Commerce Country Chart allows you to determine the Commerce Control List (CCL) export and reexport license requirements for most items listed on the CCL. Such license requirements are based on the Reasons for Control listed in the Export Control Classification Number (ECCN) that applies to the item. Some ECCNs, however, impose license requirements either without reference to a reason for control code that is listed on the Commerce Country Chart, or in addition to such a reference.

§ 738.2 Commerce Control List (CCL) structure.

(a) Categories. The CCL is divided into 10 categories, numbered as follows: 0—Nuclear Materials, Facilities and Equipment and Miscellaneous 1—Materials, Chemicals, “Microorganisms,” and Toxins 2—Materials Processing 3—Electronics 4—Computers 5—Telecommunications and Information Security 6—Lasers and Sensors 7—Navigation and Avionics 8—Marine 9—Aerospace and Propulsion (b) Groups. Within each category, items are arranged by group. Each category contains the same five groups.

§ 738.1 Introduction.

(a) Commerce Control List scope. (1) In this part, references to the EAR are references to 15 CFR chapter VII, subchapter C. The Bureau of Industry and Security (BIS) maintains the Commerce Control List (CCL) within the Export Administration Regulations (EAR), which includes items (i.e., commodities, software, and technology) subject to the export licensing authority of BIS. The CCL does not include those items exclusively controlled for export or reexport by another department or agency of the U.S. Government.

§ 736.2 General prohibitions and determination of applicability.

1 See part 738 of the EAR for selected controls that are not specified on the Country Chart. (a) Information or facts that determine the applicability of the general prohibitions. The following five types of facts determine your obligations under the ten general prohibitions and the EAR generally (also see other parts of the EAR where the license requirements and other EAR restrictions are specified in greater detail): (1) Classification of the item. The classification of the item on the Commerce Control List (see part 774 of the EAR) or description of the item in supplements no.

§ 736.1 Introduction.

In this part, references to the EAR are references to 15 CFR chapter VII, subchapter C. A person may undertake transactions subject to the EAR without a license or other authorization, unless the regulations affirmatively state such a requirement. As such, if an export, reexport, or activity is subject to the EAR, the general prohibitions contained in this part and the License Exceptions specified in part 740 of the EAR must be reviewed to determine if a license is necessary.

§ 734.19 Transfer of access information and export, reexport, and transfer (in-country) of software keys.

(a) To the extent an authorization would be required to transfer “technology” or “software,” a comparable authorization is required to transfer “access information” if done with “knowledge” that such transfer would result in the release of such “technology” or “software” without a required authorization. Note 1 to paragraph (a): For purposes of this section, a release of “software” includes source code and object code. (b) Software keys, also called software license keys, that allow users the ability to use the “software” or hardware, or software keys that renew existing “software” or hardwa

§ 734.17 Export of encryption source code and object code software.

(a) For purposes of the EAR, the Export of encryption source code and object code “software” means: (1) An actual shipment, transfer, or transmission out of the United States (see also paragraph (b) of this section); or (2) A transfer of such “software” in the United States to an embassy or affiliate of a foreign country. (b) The export of encryption source code and object code “software” controlled for “EI” reasons under ECCN 5D002 on the Commerce Control List (see supplement no.
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