744.7—Restrictions on certain exports to and for the use of certain foreign vessels or aircraft.
(a) General end-use prohibition.
In addition to the license requirements for items specified on the CCL, you may not export or reexport an item subject to the EAR to, or for the use of, a foreign vessel or aircraft, whether an operating vessel or aircraft or one under construction, located in any port including a Canadian port, unless a License Exception or NLR permits the shipment to be made:
(2)
To the country in which the vessel or aircraft is registered, or will be registered in the case of a vessel or aircraft under construction, and
(3)
To the country, including a national thereof, which is currently controlling, leasing, or chartering the vessel or aircraft.
(b) Exception for U.S. and Canadian carriers.
(1)
Notwithstanding the general end-use prohibition in paragraph (a) of this section, export and reexport may be made of the commodities described in paragraph (b)(3) of this section, for use by or on a specific vessel or plane of U.S. or Canadian registry located at any seaport or airport outside the United States or Canada except a port in Country Group D:1 (excluding the PRC), (see supplement no. 1 to part 740) provided that such commodities are 6 all of the following:
Code of Federal Regulations
Footnote(s): 6 Where a license is required, see §§ 748.2 and 748.4(g) of the EAR.
(i)
Ordered by the person in command or the owner or agent of the vessel or plane to which they are consigned;
(ii)
Intended to be used or consumed on board such vessel or plane and necessary for its proper operation;
(iii)
In usual and reasonable kinds and quantities during times of extreme need, except that usual and reasonable quantities of ship's bunkers or aviation fuel are considered to be only that quantity necessary for a single onward voyage or flight; and
(iv)
Shipped as cargo for which a Shipper's Export Declaration (SED) or Automated Export System (AES) record is filed in accordance with the requirements of the Foreign Trade Statistics Regulations ( 15 CFR part 30 ), except that an SED or AES record is not required when any of the commodities, other than fuel, is exported by U.S. airlines to their own aircraft abroad for their own use.
(2) Exports to U.S. or Canadian Airline's Installation or Agent.
Exports and reexports of the commodities described in paragraph (e) of this section, except fuel, may be made to a U.S. or Canadian airline's installation or agent in any foreign destination except Country Group D:1 (excluding the PRC), (see supplement No. 1 to part 740) provided such commodities are all of the following:
(ii)
Intended for maintenance, repair, or operation of aircraft registered in either the United States or Canada, and necessary for the aircraft's proper operation, except where such aircraft is located in, or owned, operated or controlled by, or leased or chartered to, Country Group D:1 (excluding the PRC) (see supplement No. 1 to part 740) or a national of such country;
(iv)
Shipped as cargo for which a Shipper's Export Declaration (SED) or Automated Export System (AES) record is filed in accordance with the requirements of the Foreign Trade Statistics Regulations ( 15 CFR part 30 ), except that an SED or AES record is not required when any of these commodities is exported by U.S. airlines to their own installations and agents abroad for use in their aircraft operations.
(3) Applicable commodities.
This § 744.7 applies to the commodities listed subject to the provisions in paragraph (b) of this section:
(i)
Fuel, except crude petroleum and blends of unrefined crude petroleum with petroleum products, which is of non-Naval Petroleum Reserves origin or derivation (refer to short supply controls in part 754 of the EAR);
(ii)
Deck, engine, and steward department stores, provisions, and supplies for both port and voyage requirements, except crude petroleum, provided that any commodities which are listed in supplement No. 2 to part 754 of the EAR are of non-Naval Petroleum Reserves origin or derivation (refer to short supply controls in part 754 of the EAR);