This Guidance does not create any privileges, benefits, or rights, substantive or procedural, enforceable by any individual, organization, party, or witness in any administrative, civil, or criminal matter.



When reviewing licenses for items caught under section 744.3 of the EAR, the following factors will be taken into consideration:

(i) The specific nature of the end use

(ii) The significance of the export in terms of its contribution to the design, development, production, or use of missiles

(iii) The capabilities and objective of the missile and space programs of the recipient country

(iv) The nonproliferation credentials of the importing country

(v) The types of assurances or guarantees against design, development, production, or use of missiles that are given in a particular case

(vi) The existence of a pre-existing contract

© BIS 2020