15 CFR 744.4 - Restrictions on certain chemical and biological weapons end-uses.

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There are 21 Updates appearing in the Federal Register for 15 CFR 744. View below or at eCFR (GPOAccess)
§ 744.4 Restrictions on certain chemical and biological weapons end-uses.
(a) General prohibition. In addition to the license requirements for items specified on the CCL, you may not export, reexport, or transfer (in-country) an item subject to the EAR without a license if, at the time of export, reexport, or transfer (in-country) you know that the item will be used in the design, development, production, stockpiling, or use of chemical or biological weapons in or by any country or destination, worldwide.
(b) Additional prohibition on persons informed by BIS. BIS may inform persons, either individually by specific notice or through amendment to the EAR, that a license is required for a specific export, reexport, or transfer (in-country), or for the export, reexport, or transfer (in-country) of specified items to a certain end-user, because there is an unacceptable risk of use in or diversion to the activities specified in paragraph (a) of this section, anywhere in the world. Specific notice is to be given only by, or at the direction of, the Deputy Assistant Secretary for Export Administration. When such notice is provided orally, it will be followed by a written notice within two working days signed by the Deputy Assistant Secretary for Export Administration. However, the absence of any such notification does not excuse persons from compliance with the license requirements of paragraph (a) of this section.
(c) Exceptions. No License Exceptions apply to the prohibitions described in paragraphs (a) and (b) of this section.
(d) License review standards.
(1) Applications to export, reexport, or transfer (in-country) items subject to this section will be considered on a case-by-case basis to determine whether the export, reexport, or transfer (in-country) would make a material contribution to the design, development, production, stockpiling, or use of chemical or biological weapons. When an export, reexport, or transfer (in-country) is deemed to make such a contribution, the license will be denied.
(2) The following factors are among those that will be considered to determine what action should be taken on an application required under this section:
(i) The specific nature of the end-use;
(ii) The significance of the export, reexport, or transfer in terms of its contribution to the design, development, production, stockpiling, or use of chemical or biological weapons;
(iii) The nonproliferation credentials of the importing country or the country in which the transfer would take place;
(iv) The types of assurances or guarantees against the design, development, production, stockpiling, or use of chemical or biological weapons that are given in a particular case; and
(v) The existence of a pre-existing contract. See Supplement No. 1 to Part 742 of the EAR for relevant contract sanctity dates.
[61 FR 12802, Mar. 25, 1996, as amended at 62 FR 25459, May 9, 1997; 70 FR 16111, Mar. 30, 2005; 70 FR 19691, Apr. 14, 2005; 73 FR 68326, Nov. 18, 2008]

Title 15 published on 2014-01-01

The following are only the Rules published in the Federal Register after the published date of Title 15.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2014-12-01; vol. 79 # 230 - Monday, December 1, 2014
    1. 79 FR 71013 - Updated Statements of Legal Authority for the Export Administration Regulations
      GPO FDSys XML | Text
      DEPARTMENT OF COMMERCE, Bureau of Industry and Security
      Final rule.
      The rule is effective December 1, 2014.
      15 CFR Parts 730, 734, 736, 742, 744, and 745

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 22 - FOREIGN RELATIONS AND INTERCOURSE
U.S. Code: Title 42 - THE PUBLIC HEALTH AND WELFARE
U.S. Code: Title 50, APPENDIX - WAR AND NATIONAL DEFENSE
U.S. Code: Title 50 - WAR AND NATIONAL DEFENSE
Presidential Documents

Executive Order ... 12058

Executive Order ... 12851

Executive Order ... 12938

Executive Order ... 12947

Executive Order ... 13026

Executive Order ... 13099

Executive Order ... 13222

Executive Order ... 13224

Notice ... Jan. 17, 2013

Notice ... Aug. 8, 2013

Notice ... Sept. 18, 2013

Notice ... Nov. 7, 2013

Title 15 published on 2014-01-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 15 CFR 744 after this date.

  • 2014-12-01; vol. 79 # 230 - Monday, December 1, 2014
    1. 79 FR 71013 - Updated Statements of Legal Authority for the Export Administration Regulations
      GPO FDSys XML | Text
      DEPARTMENT OF COMMERCE, Bureau of Industry and Security
      Final rule.
      The rule is effective December 1, 2014.
      15 CFR Parts 730, 734, 736, 742, 744, and 745