License Requirements

In addition to license requirements found elsewhere in the EAR, Section 746.3 of the Export Administration Regulations (EAR), imposes special controls and license requirements for exports or reexports to Iraq of the following items:

  • Any item subject to the EAR if, at the time of the export, reexport, or transfer, you know or should know the item will be or is intended to be used for a “military end-use” or by a “military end-user”. This license requirement does not apply to exports, reexports, or transfers of items for official use by personnel and agencies of the U.S. Government or exports, reexports, or transfers to the Government of Iraq or the Multinational Force in Iraq.
  • Any item controlled on the Commerce Control List (CCL) for National Security (NS), Missile Technology (MT), Nuclear Nonproliferation (NP), Chemical Weapons Convention (CW), Chemical & Biological Weapons (CB), Regional Stability (RS), Crime Control (CC), Encryption Information (EI), Significant Items (SI), or Surreptitious Listening (SL);
  • Any item controlled on the CCL for United Nations Embargo (UN) reasons;
  • Items on the CCL controlled for RS reasons under the following Export Control Classification Numbers (ECCNs): 0B999, 0D999, 1B999, 1C992, 1C995, 1C997, 1C999 and 6A992.

A BIS license is required to transfer within Iraq any item subject to the EAR exported or reexported pursuant to a specific license issued by the Department of the Treasury prior to July 30, 2004. A license is also required to transfer in-country any items subject to the EAR that were exported under a license exception in the EAR or a general license pursuant to OFAC regulations.   Additionally, a license is required for the transfer within Iraq of any item subject to the EAR if it would involve certain prohibited end-use or end-user described in Part 744 of the EAR.

A license is also required for exports, reexports, or transfers of any item subject to the EAR to persons listed in the Annex to Executive Order 13315, as amended (Blocking Property of the Former Iraqi Regime, Its Senior Officials and Their Family Members, and Taking Certain Other Actions), as well as persons subsequently designated by the Secretary of the Treasury pursuant to that executive order. U.S. persons are not required to seek separate BIS authorization for an export, reexport, or transfer to a designated person that has already been authorized by the Department of the Treasury.

License Exceptions

A license exception is an authorization to export or reexport an item without a license under stated conditions. Only the license exceptions, or portions thereof, listed in Section 746.3(c) of the EAR are available for Iraq. You may export or reexport an item to Iraq without an individual validated license if your transaction meets all the applicable terms and conditions of the available license exceptions. To determine the scope and eligibility requirements, you must review the sections or specific paragraphs of Part 740 of the EAR (License Exceptions). Read each license exception carefully, as the provisions available for Iraq may be narrower than other destinations.

Licensing Policy

License applications for the export, reexport, or transfer within Iraq of the following items are reviewed under a general policy of denial:

  • Items destined for use in Iraqi civil nuclear or military nuclear activity (except for the use of isotopes for medical, industrial, or agricultural purposes);
  • Machine tools controlled for NS or NP reasons, items controlled for CC or UN reasons, or any item controlled under an ECCN ending in the number “018”, that would make a material contribution to the production, research, design, development, support, maintenance, or manufacture of Iraqi weapons of mass destruction, ballistic missiles, or arms and related material;
  • Items that will be or intended for military end-use or military end-users as defined in Section 746.3(a)(4);
  • Items destined for persons listed on the Annex to Executive Order 13315 (E.O. 13315) or persons designated by the Secretary of the Treasury pursuant to E.O. 13315, unless already authorized by the Department of the Treasury.

Questions

For questions specific to Iraq, contact the Foreign Policy Division at 202-482-4252.

   
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