Section 740.16 - Additional permissive reexports (APR)This License Exception allows the following reexports:
(a)Reexports from Country Group A:1. Reexports may be made from countries in Country Group A:1, provided that:(1) The reexport is made in accordance with the conditions of an export authorization from the government of the reexporting country;(2) The commodities being reexported are not controlled for NP, CB, MT, SI, or CC reasons; described in ECCNs 0A919, 3A001.b.2, b.3 (except those that are being reexported for use in civil telecommunications applications), or .z, 6A002, or 6A003; or commodities classified under a 0x5zz ECCN; and(3) The reexport is destined to either:(i) A country in Country Group B that is not also included in Country Group D:2, D:3, or D:4; and the commodity being reexported is both controlled for national security reasons and not controlled for export to Country Group A:1; or(ii) A country in Country Group D:1 (National Security) (see Supplement No. 1 to part 740), other than North Korea and the commodity being reexported is controlled for national security reasons.(b)Reexports to and among specified countries.(1) Eligible commodities may be reexported to and among destinations in Country Group A:1 for use or consumption within a destination in Country Group A:1 (see supplement no. 1 to part 740), or for reexport from such country in accordance with other provisions of the EAR.(2) Commodities not eligible for reexport under paragraph (b)(1) of this section are: (i) Commodities controlled for nuclear nonproliferation or missile technology reasons;(ii) Commodities in 3A001.b.2, b.3 (except those that are being reexported for use in civil telecommunications applications), or .z;(iii) "Military commodities" described in ECCN 0A919;(iv) Commodities described in ECCN 0A504 that incorporate an image intensifier tube;(v) Commodities described in ECCN 6A002; or(vi) Commodities classified under a 0x5zz ECCN.(3) Cameras described in ECCNs 6A003 may be exported or reexported to and among countries in Country Group A:1 (see supplement no. 1 to this part) if: (i) Such cameras are fully packaged for use as consumer ready civil products; or(ii) Such cameras with not more than 111,000 elements are to be embedded in civil products.(c) Reexports to a destination to which direct shipment from the United States is authorized under an unused outstanding license may be made under the terms of that license. Such reexports shall be recorded in the same manner as exports are recorded, regardless of whether the license is partially or wholly used for reexport purposes. (See part 762 of the EAR for recordkeeping requirements.)(d) Reexports of any item from Australia, Canada, or the United Kingdom that, at the time of reexport, may be exported directly from the United States to the new country of destination under any License Exception.(e) Reexports (return) to the United States of any item. If the reexporting party requests written authorization because the government of the country from which the reexport will take place requires formal U.S. Government approval, such authorization will generally be given.(f) Reexports from a foreign destination to Australia, Canada, or the United Kingdom of any item if the item could be exported to Australia, Canada, or the United Kingdom without a license.(h) Shipments of foreign-made products that incorporate U.S.-origin components may be accompanied by U.S.-origin controlled spare parts, provided that they do not exceed 10 percent of the value of the foreign-made product, subject to the restrictions in § 734.4 of the EAR.(j) Reexports of items controlled by NP Column 1 (see supplement no. 1 to part 774 of the EAR) to, among, and from countries described in Country Group A:4 (see supplement no. 1 to part 740), except:(1) Reexports from countries that are not identified in Country Group A:1 of items that are controlled for NS reasons to destinations in Country Group D:1; and(2) Reexports to destinations in Country Group E:2 and Country Group D:2.61 FR 12768, Mar. 25, 1996. Redesignated at 61 FR 64274, Dec. 4, 1996. Redesignated at 61 FR 68579, Dec. 30, 1996 83 FR 53750, 10/24/2018; 85 FR 4175, 3/9/2020; 85 FR 83768, 12/23/2020; 86 FR 4933, 1/19/2021; 88 FR 73492, 11/17/2023; 89 FR 28598, 4/19/2024 For FEDERAL REGISTER citations affecting § 740.16, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.