Deemed Exports FAQs - Can you provide some examples of conditions that were included on licenses before but won’t be after November 10?
Selected examples are as follows:
Conditions no longer in general use after December 8, 2014: |
Why isn’t BIS using these conditions anymore? |
No reexport without prior authorization from the U.S. Government, unless elsewhere authorized under the EAR. |
This condition is an existing prohibition under the EAR: See: § 736.2(b)(1) of the EAR – General Prohibition One and therefor does not generally need to be included on licenses. The condition will be included under certain circumstances, including if a license applicant requests reexport authorization and the request is denied. |
Stated end use and end user(s) only |
This limitation in scope is included in the EAR; it is redundant to include it as a license condition (See: § 750.7(a) of the EAR). |
No military end use |
As stated in §750.7(a) of the EAR, licenses authorize only the transaction(s) described in the license application and the license application support documents. Therefore, if you did not include a military end use in your license application or license application support documents, such an end use is not authorized under the license. The condition may be used if the license applicant does not specify the scope of the intended end-use within the license application (and the end-use could be either civil or military). |
Civil end use only |
As stated in §750.7(a) of the EAR, licenses authorize only the transaction(s) described in the license application and the license application support documents. Therefore, a condition requiring “civil end use only” is not required unless a military end use is requested in the license application or license application support documents but is not authorized by BIS. |
Access/use is not granted to [embargoed destination(s)] nationals |
As stated in §750.7(a) of the EAR, licenses authorize only the transaction(s) described in the license application and the license application support documents. Therefore, if you did not specifically request access or use by persons who are nationals of an embargoed destination in your license application or license application support documents, access or use by such nationals is not authorized under the license. |
No resale or transfer without prior authorization from the U.S. Government. |
As stated in §750.7(a) of the EAR, licenses authorize only the transaction(s) described in the license application and the license application support documents. Therefore, if you did not specifically request authorization to resell or transfer the items authorized for shipment in your license application or license application support documents, resale or transfer is not authorized under the license. |
Applicant must inform consignee of all license conditions. |
The requirement for the applicant to inform other parties to the license of the license conditions is stated in §750.7(d) of the EAR as well as in the new boilerplate language (which also requires applicants to inform the appropriate parties to the transaction of the license’s scope). |