BIS Issues Implementation Guidance for Its Interim Rule Allowing Export/Reexport of Certain Anti-Terrorism Controlled Items to U.S. Persons in Libya
The Bureau of Industry and Security (BIS) has issued implementation guidance for its November 16, 2005 interim rule, which established a License Exception authorizing the export or reexport to U.S. persons in Libya of certain items listed on the Commerce Control List (CCL) and controlled for anti-terrorism (AT) reasons only.
According to BIS, the new license exception created under the interim rule, "U.S. Persons in Libya" (USPL) is located at 15 CFR 740.19 and was published specifically to facilitate U.S. persons' business activities, including humanitarian activities, in Libya. (See ITT's Online Archives or 11/18/05 news, 05111825, for BP summary of this interim rule.)
Implementation Guidance Details Interim Rule's Major Changes, Answers FAQs
BIS' implementation guidance includes the following information (partial list):
Details of License Exception USPL. License Exception USPL authorizes the export and reexport of certain items controlled on the CCL in 15 CFR Part 774 for AT reasons only when shipped for the exclusive use of U.S. persons in Libya and their employees, within the scope of their employment;
Restrictions on License Exception USPL. Among other things, BIS notes that items exported/reexported to Libya under License Exception USPL must remain under the control and supervision of a U.S. person and are not eligible for transfer to a non-U.S. person in Libya. Items exported/reexported under License Exception USPL and not destroyed or consumed in the ordinary course of business may be returned to the U.S. without BIS authorization or reexported to a third country consistent with BIS' license requirements for such reexports;
Eligible commodities. BIS provides lists of those export control classification numbers (ECCNs) and ECCN subparagraphs which contain items that are eligible for export/reexport under License Exception USPL;
Frequently Asked Questions. BIS' implementation guidance provides answers to ten frequently asked questions (FAQs) associated with its November 2005 interim rule.
BIS Implementation Guidance (dated 12/06/05) available at http://www.bis.doc.gov/PoliciesAndRegulations/LibyaGuidance11_16_05.htm