15 CFR 768.3 - Foreign availability assessment.

§ 768.3 Foreign availability assessment.

(a)Foreign availability assessment. A foreign availability assessment is an evidentiary analysis that BIS conducts to assess the foreign availability of a given item according to the assessment criteria, based on data submitted by a claimant, the data gathered by BIS, and the data and recommendations submitted by the Departments of Defense and State and other relevant departments and agencies, TAC committees, and industry. BIS uses the results of the analysis in formulating its recommendation to the Secretary on whether foreign availability exists for a given item. If the Secretary determines that foreign availability exists, the Secretary will decontrol the item for national security reasons or approve the license in question if there is no foreign policy reason to deny the license, unless the President exercises a National Security Override (see § 768.7 of this part). The effect of any such determination on the effectiveness of foreign policy controls may be considered independent of this part.

(b)Types of assessments. There are two types of foreign availability assessments:

(1) Denied license assessment; and

(2) Decontrol assessment.

(c)Expedited licensing procedures. See § 768.8 of this part for the evaluation of eligibility of an item for the expedited licensing procedures.

[ 61 FR 12915, Mar. 25, 1996, as amended at 61 FR 68585, Dec. 30, 1996]

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
Presidential Documents

Executive Order ... 13222

Notice ... Aug. 8, 2013

Title 15 published on 2015-12-05

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 15 CFR Part 768 after this date.

  • 2016-09-01; vol. 81 # 170 - Thursday, September 1, 2016
    1. 81 FR 60254 - 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 September 1, 2016.
      15 CFR Parts 730, 732, 734, 736, 738, 740, 742, 743, 746, 747, 748, 750, 754, 756, 758, 760, 762, 764, 766, 768, 770, 772, and 774