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1. Which U.S. Government Agency has jurisdiction for exports and reexports to Libya?
2. Does OFAC have any jurisdiction over Libya anymore?
3. Are my OFAC licenses still valid?
4. If I get an authorized license from BIS, do I still need authorization from OFAC?
5.What are the license requirements to export or reexport to Libya?
6. How is BIS going to review license applications requesting authorization to export or reexport to Libya?
7. Have the de minimis rules changed for Libya?
8. Is Libya still under embargo?
9. Is Libya still a terrorist-designated state?
10. Are there people in Libya I can't do business with?
11. Are there end-uses that are restricted?
12. What License Exceptions are available?
13. Do I need a license to service/maintain/use/upgrade equipment already in Libya?
14. What are “installed base items”?
15. Is it still illegal to deal with installed base items in Libya?
16. How does BIS treat installed base items in other countries?
17. What do I do if the purchaser in Libya asks me to ship to a recipient or a location that is different from the recipients or locations I submitted in my application?
18. What is SNAP-R?
19. Where can I get forms?
20. How will I know if BIS has registered my application?
21. What is STELA?
22. Do I need a BIS commodity classification prior to submitting a license application to export agricultural commodities, medicine, and medical devices to Libya?
23. How do I contact BIS?
1. Which U.S. Government Agency has jurisdiction for exports and reexports to Libya?
As of April 29, 2004, BIS has jurisdiction over the export and reexport of dual-use items subject to the Export Administration Regulations (EAR) to Libya. See §742.20 of the EAR for specific guidance on the anti-terrorism (AT) controls imposed on Libya.
2. Does OFAC have any jurisdiction over Libya anymore?
OFAC continues to restrict certain financial transactions involving previously blocked assets or Specially Designated Nationals (SDNs). You should consult with OFAC about these issues.
3. Are my OFAC licenses still valid?
Yes, BIS will recognize the validity of any specific license authorized by OFAC for export to Libya until the date indicated by OFAC at the time of issuance, or until May 1, 2005 if the license does not have a specified expiration date. If you wish to transfer or reexport an item exported or reexported to Libya under a specific OFAC license that does not specifically authorize the transfer or reexport, you must request specific authority from BIS by submitting Form BIS-748P (Multipurpose Application Form).
4. If I get an authorized license from BIS, do I still need authorization from OFAC?
No.
5. What are the license requirements to export or reexport to Libya?
Most items on the CCL require a license for export or reexport to Libya. These requirements are found in Part 742 of the EAR. Refer to the Commerce Control List at Part 774 of the EAR to determine the classification of the item. Refer to the Commerce Country Chart in Part 738 of the EAR to determine if a license is required to the intended destination country. If a license is required, Part 742 of the EAR sets forth the applicable licensing policy, based on the specific reason for control.
6. How is BIS going to review license applications requesting authorization to export or reexport to Libya?
The licensing policies for the export and reexport of dual-use items to Libya are found in Part 742 of the EAR as outlined in question 5.
7. Have the de minimis rules changed for Libya?
No. The threshold for calculating the de minimis level of foreign goods destined to Libya remains 10% U.S. content. Guidance on making de minimis calculations is found in Part 742 of the EAR.
8. Is Libya still under embargo?
No, Libya has been removed from the list of embargoed countries.
9. Is Libya still a terrorist-designated state?
Yes. The Secretary of State has not removed Libya from the list of state sponsors of terrorism.
10. Are there people in Libya I can't do business with?
Yes, items requiring a BIS license will generally not be approved to Libyan military, police, intelligence or other sensitive end-users or to individuals or groups designated as terrorists. Many of these groups and individuals can be found on the OFAC Specially Designated National and Blocked Party list.
11. Are there end-uses that are restricted?
Yes, the end-uses established pursuant to the end-use/end-user controls in Part 744 of the EAR are restricted. Additionally, as outlined in question 10, BIS's general policy will be to not approve items requiring a license that are going to Libyan military, police, intelligence or other sensitive end-uses.
12. What License Exceptions are available?
The following License Exceptions may be available in whole or in part: TMP, GOV, GFT, TSU, BAG, RPL, and AVS. Remember that a specific transaction is eligible for a License Exception only if it satisfies all of the terms and conditions of the relevant License Exception and is not excluded by any of the restrictions that apply to all License Exceptions, as set forth in Section 740.2 of the EAR.
13. Do I need a license to service/maintain/use/upgrade equipment already in Libya?
If the item(s) already in Libya are “installed base” items you will need to either file a report or submit a license application, which includes a report, to BIS prior to your activities with the equipment.
14. What are “installed base items”?
“Installed base items” is the term that BIS uses to describe items that may have been originally illegally exported or reexported to Libya by third parties. Section 764.2(e) of the EAR prohibits ordering, buying, removing, concealing, storing, using, selling, loaning, disposing of, transferring, financing, forwarding, or otherwise servicing, in whole or part, installed base items. This prohibition is restated in General Prohibition No. 10 in Section 736.2(b) of the EAR.
15. Is it still illegal to deal with installed base items in Libya?
Yes. Either, either a report or a license is required from BIS to engage in activities involving installed base items. Activities involving the following installed base items generally require a report to BIS:
Activities involving all other installed base items will require a BIS license to overcome the prohibition.
In addition, entities who were party to the original illegal export or reexport of the installed base items are not eligible for this provision. Such entities are encouraged to submit voluntary self-disclosures to BIS, as described in Section 764.5 of the EAR.
16. How does BIS treat installed base items in other countries?
Regarding activities involving installed base items in countries other than Libya, the prohibitions in Section 764.2(e) of the EAR continue to apply. BIS may determine that procedures similar to those developed for Libya are appropriate for other countries as well.
17. What do I do if the purchaser in Libya asks me to ship to a recipient or a location that is different from the recipients or locations I submitted in my application?
If BIS is still processing your license application, please contact us with complete information relating to the change. If BIS has already authorized your transaction, a change in location may not be a problem; see §750.7(c) of the EAR for information on non-material changes to licenses. A change in recipient constitutes a material change to your license and you will have to resubmit for new authorization. Regardless, if you know or have reason to believe that the change in recipient or location is an attempt to evade the U.S. export controls or otherwise violate U.S. law, please contact BIS.
18. What is SNAP-R?
SNAP-R is the acronym for BIS's Simplified Network Application Process Redesign. It allows exporters to electronically submit export/reexport license applications, notifications, and commodity classification requests. See the online information about SNAP-R.
19. Where can I get forms?
You may request forms on-line or by contacting the Office of Exporter Services at 202-482-4811. In addition, the Department of Commerce's Commercial Service district offices often have forms. Check your local listing for the locations of Department of Commerce offices.
20. How will I know if BIS has registered my application?
You may call BIS's "System for Tracking Export License Applications" (STELA) at 202-482-2752 and enter the Application Control Number (it begins with "Z" followed by six digits) for the status of their applications.
21. What is STELA?
STELA is the acronym for BIS's automated System for Tracking Export License Applications. It is an automated voice response system that you can access using a touch-tone phone (see question 16 above).
22. Do I need a BIS commodity classification prior to submitting a license application to export agricultural commodities, medicine, and medical devices to Libya?
No. Note that many examples of these categories of items are classified as EAR99 and would not normally require a license for export or reexport to Libya.
23. How do I contact BIS?
Your first point of contact with questions regarding export control policies and procedures at BIS is the Office of Exporter Services at 202-482-4811.