PART 750—APPLICATION PROCESSING, ISSUANCE, AND DENIAL Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; et seq.; Source: 61 FR 12829, Mar. 25, 1996, unless otherwise noted. § 750.1 Scope. In this part, references to the EAR are references to 15 CFR chapter VII, subchapter C. This part describes the Bureau of Industry and Security's (BIS) process for reviewing your application for a license and the applicable processing times for various types of applications. Information related to the issuance, revocation, or suspension of a license and the denial of a license application is provided along with the procedures on obtaining a duplicate or replacement license (limited to those which BIS has validated and issued in hardcopy), the transfer of a license, and the shipping tolerances available on licenses. This part also contains instructions on obtaining the status of a pending application. [86 FR 54812, Oct. 5, 2021] § 750.2 Processing of Classification Requests and Advisory Opinions. (a) Classification requests. (b) Advisory Opinion requests. [61 FR 12829, Mar. 25, 1996, as amended at 72 FR 33662, June 19, 2007] § 750.3 Review of license applications by BIS and other government agencies and departments. (a) Review by BIS. (b) Review by other departments or agencies. (2) The Departments of Defense, Energy, State, and ACDA are generally concerned with license applications involving items controlled for national security, missile technology, nuclear nonproliferation, and chemical and biological weapons proliferation reasons or destined for countries and/or end uses of concern. In particular, these agencies are concerned with reviewing license applications as follows: (i) The Department of Defense is concerned primarily with items controlled for national security and regional stability reasons and with controls related to encryption items; (ii) The Department of Energy is concerned primarily with items controlled for nuclear nonproliferation reasons; (iii) The Department of State is concerned primarily with items controlled for national security, nuclear nonproliferation, missile technology, regional stability, anti-terrorism, crime control reasons, and sanctions; and (iv) The Department of Justice is concerned with controls relating to encryption items and items primarily useful for the surreptitious interception of wire, oral, or electronic communications. [61 FR 12829, Mar. 25, 1996, as amended at 61 FR 68585, Dec. 30, 1996; 63 FR 50525, Sept. 22, 1998; 71 FR 67036, Nov. 20, 2006; 73 FR 57509, Oct. 3, 2008] § 750.4 Procedures for processing license applications. (a) Overview. (2) Properly completed license applications will be registered promptly upon receipt by BIS. Registration is defined as the point at which the application is entered into BIS's electronic license processing system. If your application contains deficiencies that prevent BIS from registering your application, BIS will attempt to contact you to correct the deficiencies, however, if BIS is unable to contact you, the license application will be returned without being registered. The specific deficiencies requiring return will be enumerated in a notice accompanying the returned license application. If a license application is registered, but BIS is unable to correct deficiencies crucial to processing the license application, it will be returned without action. The notice will identify the deficiencies and the action necessary to correct the deficiencies. If you decide to resubmit the license application, it will be treated as a new license application when calculating license processing time frames. (b) Actions not included in processing time calculations. (1) Agreement by the applicant to the delay. (2) Pre-license checks. (i) Conducted through government channels, and (ii) The request for a pre-license check is made by the Secretary or by another agency within the following time frames: (A) The pre-license check is requested within 5 days of the determination that it is necessary; and (B) The analysis resulting from the pre-license check is completed and reported to licensing officials within 5 days. (3) Government-to-Government assurances. (i) The request for such assurances is sent to the Secretary of State within five days of the determination that the assurances are required; (ii) The Secretary of State initiates the request of the relevant government within 10 days of receipt of the request for such assurances; and (iii) The license is issued within 5 days of the Secretary's receipt of the requested assurances. (4) Consultations. (5) Multilateral reviews. (6) Congressional notification. (i) Designated countries. (ii) Items subject to notification requirement. (A) All items controlled for national security reasons; (B) All items controlled for chemical and biological weapons proliferation reasons; (C) All items controlled for missile technology reasons; (D) All items controlled for nuclear nonproliferation reasons; and (E) All items controlled by the CCL where the entry heading identifies the items controlled as those contained in the Wassenaar Arrangement Munitions List. (iii) Additional notifications. (7) Congressional notification. (8) Satellites for launch. (c) Initial processing. (1) Contact the applicant if additional information is required, if the license application is improperly completed, or required support documents are missing, to request additional or corrected information; (2) Assure the stated classification on the license application is correct; (3) Return the license application if a license is not required with a statement notifying the applicant that a license is not required; (4) Approve the license application or notify the applicant of the intent to deny the license application; or (5) Refer the license application electronically along with all necessary recommendations and analysis concurrently to all agencies unless the application is subject to a Delegation of Authority. Any relevant information not contained in the electronic file will be simultaneously forwarded in paper copy. (d) Review by other agencies and/or interagency groups. (2) Within 30 days of receipt of the initial referral, the reviewing agency will provide BIS with a recommendation either to approve (with or without conditions or riders) or deny the license application. As appropriate, such a recommendation may be made with the benefit of consultation and/or discussions in interagency groups established to provide expertise and coordinate interagency consultation. These interagency groups consist of: (i) The Missile Technology Export Control Group (MTEC). (ii) The SubGroup on Nuclear Export Coordination (SNEC). (iii) The Shield. (iv) Remote Sensing Interagency Working Group (RSIWG). (e) Recommendations by reviewing agencies. (f) Interagency dispute resolution and escalation procedures Escalation to the Operating Committee (OC). (ii) If any agency disagrees with the OC Chair's decision, the agency may escalate the decision by appealing to the Chair of the Advisory Committee on Export Policy for resolution. If such a request for escalation is not made within 5 days of the decision of the OC Chair, the Chair's decision will be final. (2) Escalation to the Advisory Committee on Export Policy (ACEP). (3) Escalation to the Export Administration Review Board (EARB). [61 FR 12829, Mar. 25, 1996, as amended at 62 FR 25463, May 9, 1997; 69 FR 46079, July 30, 2004; 71 FR 20887, Apr. 24, 2006; 71 FR 51719, Aug. 31, 2006; 72 FR 43532, Aug. 6, 2007; 78 FR 22725, Apr. 16, 2013; 80 FR 43319, July 22, 2015; 82 FR 2881, Jan. 10, 2017; 85 FR 73414, Nov. 18, 2020; 86 FR 4934, Jan. 19, 2021; 89 FR 34708, Apr. 30, 2024; 90 FR 47194, Sept. 30, 2025] § 750.5 [Reserved] § 750.6 Denial of license applications. (a) Intent to deny notification. (1) The intent to deny decision; (2) The statutory and regulatory basis for the denial; (3) To the extent consistent with the national security and foreign policy of the United States, the specific considerations that led to the decision to deny the license application; (4) What, if any, modifications or restrictions to the license application would allow BIS to reconsider the license application; (5) The name of the BIS representative in a position to discuss the issues with the applicant; and (6) The availability of appeal procedures. (b) Response to intent to deny notification. § 750.7 Issuance of licenses. (a) Scope. (2) BIS grants licenses in reliance on representations the applicant made or submitted in connection with the license application, letters of explanation, and other documents submitted. Any license obtained in which a false or misleading representation was made, or a material fact was falsified or concealed on the license application, letters of explanation, or any document submitted in connection with the license application, shall be deemed void as of the date of issuance. See § 750.8(a) of the EAR, which provides that all licenses are subject to revocation, in whole or in part, without notice. See part 764 of the EAR for other sanctions that may result in the event a violation occurs. (3) A BIS license authorizing the release of “technology” to an entity also authorizes the release of the same “technology” to the entity's foreign persons who are permanent and regular employees (and who are not proscribed persons) of the entity's facility or facilities authorized on the license, except to the extent a license condition limits or prohibits the release of the “technology” to foreign persons of specific countries or country groups. See § 734.20 of the EAR for additional information regarding the release of “technology” authorized by a BIS license. (b) Issuance of a license. (c) Changes to the license. (i) Decrease in unit price or total value; (ii) Increase in price if permitted under the shipping tolerances in § 750.11 of this part; (iii) Increase in price that can be justified on the basis of changes in point of delivery, port of export, or as a result of transportation cost, drayage, port charges, warehousing, currency fluctuations, etc.; (iv) Establishment of unit or total price in conformance with a “price statement” on a license that permits price to be based on the market price at a specified date plus an exporter's mark-up, or like basis; (v) Change in intermediate consignee if the new intermediate consignee is located in the country of ultimate destination as shown on the license, except a change in, or addition of, an intermediate consignee involving a consolidated shipment; (vi) Change in continuity of shipment by unloading from carrier at a country listed in Country Group B (see supplement no. 1 to part 740 of the EAR) port not in the country of ultimate destination, without the designation of an intermediate consignee on the shipping documents and license, provided: (A) The purpose is to transfer the shipment to another vessel, barge, or vehicle, solely for onforwarding to the country of destination shown on the shipping documents and the license; (B) The shipment is moving on a through bill of lading; (C) The carrier is not registered in, owned or controlled by, or under charter or lease to a country in Country Group D:1 or E:2 (see supplement no. 1 to part 740 of the EAR), or a national of any of these countries; (D) The carrier retains custody of the shipment until it is delivered to the ultimate consignee; and (E) The original bill of lading or air waybill first issued at the port of export is delivered with the shipment to the ultimate consignee; (vii) Change in address of purchaser or ultimate consignee if the new address is located within the same country shown on the license; or (viii) Change in ECCN, where necessary only for the purpose of conforming to an official revision in the CCL; or wording of the item description. This does not cover an actual change in the item to be shipped, or an increase in the total price or quantity on the license. (ix) Direct exports, reexports, or transfers (in-country) to and among approved end users and the ultimate consignee on a license, provided those end users and ultimate consignee are listed by name and location on such license and (x) Export, reexport or transfer (in-country) of missile technology (MT) controlled minimum necessary “software” and/or “technology” permitted pursuant to the missile technology licensing policy in § 742.5(b)(3) of the EAR. ( See Note 1 to paragraph ( c x This MT licensing policy is implemented pursuant to paragraph (c)(1)(x) of this section because it applies to all MT licenses, except when a condition is placed on the license which excludes the use of paragraph (c)(1)(x) of this section, as described in § 742.5(b)(3)(ii). Note 2 to paragraph ( c x License Exception TSU under § 740.13 of the EAR is available for the ECCNs controlled for MT reasons specified in paragraph (a)(5) in § 740.2, provided the software or technology is for an end use specified in that paragraph and meets the requirements of License Exception TSU. (See §§ 740.2(a)(5) and 740.13). The licensing policy in § 742.5(b)(3) is only available for licensed exports (or reexports, or transfers (in-country)). (xi) Addition of a new HTS-6 Code identified under supplements nos. 2, 4, or 5 to part 746 or item identified under supplement no. 6 to part 746 for export or reexport to or transfer within Russia or Belarus, provided the criteria of this paragraph are met. (A) The end use of the BIS license is for the divesture of items within Russia or Belarus or their transfer within Russia or Belarus for the purpose of reexporting such items from Russia or Belarus; (B) The new HTS-6 Code under supplements nos. 2, 4, or 5 to part 746 or item identified under supplement no. 6 to part 746 was added to the EAR after the validation date of the BIS license; (C) The BIS license has not yet expired; and (D) The export, reexport, or in-country transfer of these additional HTS-6 Codes under supplements nos. 2, 4, or 5 to part 746 or items identified under supplement no. 6 to part 746 will not exceed the shipping tolerance of the original license or the number of units authorized under the original license. (2) In some circumstances, BIS may authorize changing the name of a person listed on a license ( i.e. (i) The advisory opinion request must be submitted on the licensee's company letterhead and include the following information: (A) The title of the advisory opinion, in this format: “License name change notification and review request;” (B) All license numbers subject to the notification and review request (either in the letter or as a separate attachment); (C) The name(s) changing on the license(s) (include the original and new names), and when the name(s) are changing (either in the letter or as a separate attachment); (D) Any background information available on the reasons for the name change(s) (e.g., press releases from the person changing its name(s)); and (E) A statement regarding whether there has been a change in ownership, including a merger or acquisition, or any other change in legal status regarding the person(s) changing its name(s). (F) Confirmation that, if the request is approved, the licensee will share the advisory opinion response from BIS with all other persons listed on the license, and inform those persons that the advisory opinion response must be retained pursuant to the recordkeeping requirements in part 762 of the EAR. (ii) If BIS determines the name change is not a material change to the license and approves the request to change the name(s) on the license, BIS will send a written response to the licensee who submitted the notification. If BIS does not approve the request to change the name(s) on the license, BIS will send a written response to the licensee who submitted the notification. (iii) For guidance on using an export license with approved name changes, see § 758.4(d) (Exports against license with approved name change). (iv) If a license name change notification and review request is denied by BIS or the licensee determines that there has been a material change to the license, such as a change in ownership of a person on the license, including merger or acquisition, or any other change in legal status since the time the license was issued, a new license application should be submitted. (d) Responsibility of the licensee. (e) Prohibited use of a license. (f) Quantity of commodities authorized. (g) License validity period. (1) Extended validity period. (2) Request for extension. (A) The name, address, and telephone number of the requestor; (B) A copy of the original license, with the license number, validation date, and current expiration date legible; and (C) Justification for the extension; (ii) It is the responsibility of the applicant to ensure that all applicable support documents remain valid and are in the possession of the applicant. If the request for extension is approved, BIS will provide the applicant with a written response. (h) Specific types of licenses Licenses for temporary exports or reexports. (2) Intransit within the United States. (3) Intransit outside the United States. (4) Replacement license. (i) Terminating license conditions. (j) Records. [61 FR 12829, Mar. 25, 1996] Editorial Note: For Federal Register www.govinfo.gov. § 750.8 Revocation or suspension of licenses. (a) Revocation. (b) Revoked or suspended licenses. [61 FR 12829, Mar. 25, 1996, as amended at 73 FR 49331, Aug. 21, 2008; 76 FR 12280, Mar. 7, 2011; 86 FR 54813, Oct. 5, 2021] § 750.9 Duplicate licenses. (a) Lost, stolen or destroyed. (1) That the original license ([number] issued to [name and address of licensee]) has been lost, stolen or destroyed; and (2) The circumstances under which it was lost, stolen or destroyed. (b) Hong Kong Trade Department. [61 FR 12829, Mar. 25, 1996, as amended at 73 FR 49331, Aug. 21, 2008; 86 FR 54813, Oct. 5, 2021] § 750.10 Transfers of licenses for exports. (a) Authorization. (b) How to request the transfer of licenses Letter from licensee. (i) The reasons for the requested transfer; (ii) Either a list of the outstanding license numbers or a statement that all outstanding licenses in the name of the licensee are to be transferred, and the total number of such outstanding licenses; (iii) A list of all license applications for export to be transferred that are pending with BIS, identifying the Application Control Number for each, or other information that will assist in identifying the pending license applications; (iv) Name and address of the person you intend to transfer the licenses and license applications to; (v) The facts necessitating transfer; (vi) A statement as to whether or not any consideration has been, or will be, paid for the transfer; and (vii) Identification by name of the legal document (certificate, agreement, etc.) or other authority by which the new firm name is legally established, the new corporation or firm created, or the assets transferred and showing the effective date of such document and the state where filed or recorded. (2) Information from transferee. (i) That the transferee is a principal party in interest in the transaction covered by the license, or is acting as agent for a principal party in interest; (ii) That the transferee is subject to the jurisdiction of the United States; (iii) That the transferee assumes all powers and responsibilities under the license for the control of the shipment of the items out of the United States; (iv) Whether any consideration has been, has not been, or will be paid for the transfer; (v) The name and address of the foreign principal in instances where the transferee will make the export as an agent on behalf of a foreign principal; and (vi) If the license is to be transferred to a subsidiary or firm, or if you transfer to the transferee all, or a substantial portion, of your assets or business, the transferee must certify that the legal authority changing the exporter imposes on the transferee the responsibility to accept and fulfill the obligations of the transferor under the transactions covered by the license; and (vii) The following certification: The undersigned hereby certifies that, if license number(s) ______ is (are) transferred in accordance with my (our) request, any and all documents evidencing the order covered by this (these) license(s) will be retained and made available upon request in compliance with the recordkeeping provisions contained in Part 762 of the Export Administration Regulations. The undersigned further certifies compliance with all requirements of the Export Administration Regulations regarding these licenses. (c) Notification of transfer and recordkeeping. [61 FR 12829, Mar. 25, 1996, as amended at 62 FR 25463, May 9, 1997] § 750.11 Shipping tolerances. Under some circumstances, you may use a license issued for the export of items from the United States to export more than the value shown on that license. This additional amount is called a shipping tolerance. This section tells you, as the licensee, when you may take advantage of a shipping tolerance and the amount of shipping tolerance you are permitted to use. (a) If you have already shipped the full quantity of items approved on your license, you may not use this shipping tolerance provision. No further shipment may be made under the license. (b) If you have not shipped the full quantity of items approved on the license, the value of all of your shipments under one license, up to the full quantity approved on the license, may exceed the total dollar value stated on that license by up to 10%, unless; (1) Your license stipulates a specific shipping tolerance; or (2) Your item is controlled for short supply reasons and a different tolerance has been established. (See part 754 of the EAR). [78 FR 61902, Oct. 4, 2013]