License Exception definition

License Exception has the meaning ascribed to it in Section 2.1 of this agreement.

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License Exception is defined in pertinent part as “[a]n authorization described in part 740 of the EAR that allows you to export or reexport, under stated conditions, items subject to the EAR that otherwise would require a license. See 15 C.F.R. § 772.1. 5 License Exception “STA” is set forth in 15 C.F.R. § 740.20. 6 As set forth in 15 C.F.R. § 740.20(d)(2), which addresses the requirements related to the "Prior Consignee Statement” for purposes of License Exception STA, “[t]he exporter, reexporter, or transferor must obtain the following statement in writing from its consignee(s) prior to exporting, reexporting, or transferring (in-country) the item and must retain the statement in accordance with part 762 of the EAR.” (emphasis added). requirements to use License Exception STA for this export were not met, and therefore it was false to cite License Exception STA as authorization on the September 24, 2018 amended EEI. An MCD compliance officer subsequently requested First Call provide a copy of the PCS connected to the March 6, 2018 export of the SFDs. On or about July 13, 2020, First Call provided MCD a PCS dated January 1, 2018. The MCD officer referred the matter to BIS’s Office of Export Enforcement based on the belief that the PCS provided by First Call was backdated and falsified in violation of the EAR. In its August 10, 2020 written response to a BIS Administrative Subpoena, First Call admitted that “FCI was not in possession of the required Prior Consignee Statement (PCS) from UK Company 1 prior to amending the EEI filing” and that “since FCI amended the EEI filing on September 24, 2018, in order to claim STA, FCI now understands that it unknowingly submitted false statements to BIS through the amended EEI filing.” Moreover, First Call’s August 10, 2020 submission further admitted that “under FCI advice, UK Company 1 back-dated the PCS to January 1, 2018. On October 8, 2018, UK Company 1 sent the back- dated PCS to FCI for STA documentation purposes.” Specifically, in an email dated October 8, 2018 from First Call’s President to UK Company 1, First Call advised UK Company 1 to back-date a PCS covering the March 6, 2018 export of five (5) SFDs described above. As referenced above, License Exception STA (15 C.F.R. § 740.20(d)(2)) requires that the exporter obtain the PCS from its consignee prior to exporting the item. UK Company 1 sent the back-dated PCS to First Call on October 8, 2018. First Call then submitted what it knew or had reason to know was a fraudulent d...

Examples of License Exception in a sentence

Certain product with encryption functions may be subject to additional restrictions, including restrictions on distribution to government end-users outside the License Exception ENC Favorable Treatment Countries (Supplement No. 3 to Part 740 of the U.S. Export Administration Regulations).
Further, pursuant to License Exception TSU - §742.15(b), the OpenSSL component of the Software can be exported as NLR, no license required except to those countries embargoed by the United States.
In order to enable Company to disclose technology or software to Contractor in conformity with the requirements of Part 740.3 (d) of the U.S. Department of Commerce’s Export Administration Regulations, Contractor hereby gives assurance to Company that it will not, without a license or a License Exception from the U.
The Customer (or Customer’s designated agent) shall be the exporter and must determine licensing authority (License, License Exception, or NLR), and obtain the appropriate license or other authorization.
It shall be deemed a material breach of this Agreement by Subscriber if Subscriber becomes a Restricted Party or otherwise becomes subject to government restrictions, whether such restrictions apply on Subscriber or on the region in which Subscriber is located, including any restrictions that result in a requirement not to use License Exception ENC and to instead obtain an export license or similar government authorization to supply Subscriber with products or services.
Seller agrees that it will not permit the re-export of any the above—including to foreign nationals employed by, associated with, or under contract to Seller or Seller’s lower-tier suppliers—without the authority of an Export License or applicable License Exception.
At Buyer’s request, Seller will provide Buyer with all data Buyer may need to apply for and obtain an Export License or applicable License Exception.
Indicate in connection with each part number for each component the Commodity Classification or Export License or License Exception granted – for example, “Mass Market License Exception, TSU” Or “License Exception, ENC” by the USGOV, providing in each case the Export Control Classification Number (and Paragraph, if applicable), — and the date of the USGOV finding in each case.
The Products are eligible for export and subject to License Exception ENC under Sections 740.17(a) and (b) (3) of the export administration regulations of the United States Department of Commerce, Bureau of Export Administration.
In addition, Seller shall advise Buyer as to the License Exception, if applicable, pursuant to which the Product may be exported.