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§ 740.6 Technology and software under restriction (TSR).

(a) Scope. License Exception TSR permits exports and reexports of technology and software where the Commerce Country Chart (Supplement No. 1 to part 738 of the EAR) indicates a license requirement to the ultimate destination for national security reasons only and identified by “TSR—Yes” in entries on the CCL, provided the software or technology is destined to Country Group B, except Sudan and Ukraine. (See Supplement No.

§ 740.4 Shipments to Country Group B countries (GBS).

License Exception GBS authorizes exports and reexports to Country Group B (see Supplement No. 1 to part 740), except Sudan and Ukraine, of those commodities where the Commerce Country Chart (Supplement No. 1 to part 738 of the EAR) indicates a license requirement to the ultimate destination for national security reasons only and identified by “GBS—Yes” on the CCL. See § 743.1 of the EAR for reporting requirements for exports of certain commodities under License Exception GBS. [86 FR 4933, Jan. 19, 2021]

§ 740.3 Shipments of limited value (LVS).

Example to paragraph (d)(3): An order includes commodities valued at $8,000. The order consists of commodities controlled under two ECCN entries, each having an LVS value limit of $5000. Commodities in the order controlled under one ECCN are valued at $3,500 while those controlled under the other ECCN are valued at $4,500. Since the net value of the commodities controlled under each entry falls within the LVS dollar value limits applicable to that entry, the order may be shipped under this License Exception. (a) Scope.

§ 740.2 Restrictions on all License Exceptions.

(a) You may not use any License Exception if any one or more of the following apply: (1) Your authorization to use a License Exception has been suspended or revoked, or your intended export does not qualify for a License Exception. (2) The export or reexport is subject to one of the ten General Prohibitions, is not eligible for a License Exception, and has not been authorized by BIS. (3) The item is primarily useful for surreptitious interception of wire, oral, or electronic communications, or related software, controlled under ECCNs 5A001.f.1, 5A980, 5D001 (for 5A001.f.1 or for 5E001.a (fo

§ 740.1 Introduction.

In this part, references to the EAR are references to 15 CFR chapter VII, subchapter C. (a) Scope. A “License Exception” is an authorization contained in this part that allows you to export or reexport under stated conditions, items subject to the Export Administration Regulations (EAR) that would otherwise require a license under General Prohibition One, Two, Three, or Eight, as indicated under one or more of the Export Control Classification Numbers (ECCNs) in the Commerce Control List (CCL) in supplement no.

§ 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.
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