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Supplement No. 3 to Part 732—BIS's “Know Your Customer” Guidance and Red Flags

“Know Your Customer” Guidance Various requirements of the EAR are dependent upon a person's knowledge of the end-use, end-user, ultimate destination, or other facts relating to a transaction or activity. These provisions include the nonproliferation-related “catch-all” sections and the prohibition against proceeding with a transaction with knowledge that a violation of the EAR has occurred or is about to occur. (a) BIS provides the following guidance on how individuals and firms should act under this knowledge standard.

Supplement No. 3 to Part 730—Other U.S. Government Departments and Agencies With Export Control Responsibilities

Note: The departments and agencies identified with an asterisk control exports for foreign policy or national security reasons and, in certain cases, such controls may overlap with the controls described in the EAR (see part 734 of the EAR). Defense Services and Defense Articles *Department of State, Directorate of Defense Trade Controls, Tel. (202) 663-2700, Fax: (202) 261-8695, Internet: http://www.pmddtc.state.gov/index.html. 22 CFR parts 120 through 130. Drugs, Chemicals and Precursors Chemicals: Drug Enforcement Administration, Office of Diversion Control, Import-Export Unit, Tel.

§ 774.1 Introduction.

(a) Scope of the control list. 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) that includes “items”—i.e., “commodities,” “software,” and “technology”—subject to the authority of BIS. The CCL does not include items exclusively controlled for export by another department or agency of the U.S. Government, though in instances where other agencies administer controls over related items, entries in the CCL may contain a reference to such controls.

§ 772.1 Definitions of terms as used in the Export Administration Regulations (EAR).

The following are definitions of terms as used in the Export Administration Regulations (EAR). In this part, references to the EAR are references to 15 CFR chapter VII, subchapter C. Those terms in quotation marks refer to terms used on the Commerce Control List (CCL) (supplement no. 1 to part 774 of the EAR). Parenthetical references following the terms in quotation marks (i.e., (Cat 5)) refer to the CCL category in which that term is found.

§ 770.3 Interpretations related to exports of technology and software to destinations in Country Group D:1.

(a) Introduction. This section is intended to provide you additional guidance on how to determine whether your technology or software would be eligible for a License Exception, may be exported under NLR, or require a license, for export to Country Group D:1. (b) Scope of licenses. The export of technology and software under a license is authorized only to the extent specifically indicated on the face of the license.
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