Exportation or supply of insubstantial United States content for use in foreign-made products or technology.
(a) Except as provided in paragraph (b) of this section and notwithstanding the prohibitions in § 560.204, the exportation or supply of goods or technology from the United States, or by a United States person wherever located, for substantial transformation or incorporation into a foreign-made end product in a country other than the United States or Iran, intended specifically or predominantly for Iran or the Government of Iran, is permitted under this part where the exporter has ascertained that all of the following are the case:
(1) The U.S.-origin goods or technology being exported for substantial transformation or incorporation abroad were not subject to export license application requirements under any United States regulations in effect on May 6, 1995, or were not thereafter made subject to such regulations imposed independently of this part;
(2) With respect to the foreign-made end product:
(i) U.S.-origin goods (excluding software) comprise less than 10 percent of the foreign-made good (excluding software);
(ii) U.S.-origin software comprises less than 10 percent of the foreign-made software;
(iii) U.S.-origin technology comprises less than 10 percent of the foreign-made technology; and
(iv) In cases involving a complex product made of a combination of goods (including software) and technology, the aggregate value of all U.S.-origin goods (including software) and technology contained in the foreign- made end product is less than 10 percent of the total value of the foreign-made product;
(3) The foreign-made end product is not destined to end uses or end users prohibited under regulations administered by other U.S. Government agencies. See, e.g., the Export Administration Regulations ( 31 CFR 736.2(b)(5), 744.2, 744.3, 744.4, 744.7, and 744.10 ); International Traffic in Arms Regulations ( 22 CFR 123.9 );
(4) The foreign-made end product is not intended for use in the Iranian petroleum or petrochemical industry. For this purpose, products intended for use in the Iranian petroleum or petrochemical industry include not only products uniquely suited for use in those industries, such as oilfield services equipment, but also goods and technology for use in products, such as computers, office equipment, construction equipment, or building materials, which are suitable for use in other industries but which are intended specifically for use in the petroleum or petrochemical industries.
(b) The authorization contained in this section is not available if the foreign-made end product is of a type which other U.S. Government agencies make ineligible for de minimis U.S.-origin content. See, e.g., the Export Administration Regulations ( 15 CFR 734.4(a) and (b) ); International Traffic in Arms Regulations ( 22 CFR 123.9 ).
Note to § 560.511.An exportation authorized by this section may nevertheless require authorization by the U.S. Department of Commerce, the U.S. Department of State or other agencies of the U.S. Government.
[64 FR 20174, Apr. 26, 1999]
Title 31 published on 2012-07-01
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