Title 15

SECTION 762.2

762.2 Records to be retained.

§ 762.2 Records to be retained.

(a) Records required to be retained. The records required to be retained under this part 762 include the following:

(1) Export control documents as defined in part 772 of the EAR, except parties submitting documents electronically to BIS via the SNAP-R system are not required to retain copies of documents so submitted;

(2) Memoranda;

(3) Notes;

(4) Correspondence;

(5) Contracts;

(6) Invitations to bid;

(7) Books of account;

(8) Financial records;

(9) Restrictive trade practice or boycott documents and reports;

(10) Notification from BIS of an application being returned without action; notification by BIS of an application being denied; notification by BIS of the results of a commodity classification or encryption review request conducted by BIS;

(11) The serial number, make, model, and caliber for any firearm controlled in ECCN 0A501.a and for shotguns with barrel length less than 18 inches controlled in 0A502 that have been exported. The “exporter” or any other party to the transaction (see § 758.3 of the EAR), that creates or receives such records is a person responsible for retaining this record; and

(12) Other records pertaining to the types of transactions described in § 762.1(a) of this part, which are made or obtained by a person described in § 762.1(b) of this part.

(b) Records retention references. Paragraph (a) of this section describes records that are required to be retained. Other parts, sections, or supplements of the EAR which require the retention of records or contain recordkeeping provisions, include, but are not limited to the following:

(1) § 732.6, Steps for other requirements;

(2) § 734.4(g), de minimis calculation (method);

(3) Part 736, General Prohibitions;

(4) § 740.1, Introduction (to License Exceptions);

(5) § 740.9(a)(3)(i)(B), Tools of trade: Temporary exports, reexports, and transfers (in country) of technology by U.S. persons (TMP);

(6) § 740.10(c), Servicing and replacement of parts and equipment (RPL);

(7) § 740.11(b)(2)(iii) and (iv), Exports, reexports and transfers (in-country) made for or on behalf of a department or agency of the U.S. Government and Items exported at the direction of the U.S. Department of Defense (GOV);

(8) § 740.12, Humanitarian donations (GFT);

(9) § 740.13(h), Technology and software - unrestricted (TSU);

(10) § 740.20(g), Responses to License Exception STA eligibility requests for “600 series” end items (STA);

(11) § 743.1, Wassenaar reports;

(12) § 743.2, High Performance Computers;

(13) § 743.4(c)(1) and (c)(2), Conventional arms reporting;

(14) § 745.1, Annual reports;

(15) § 745.2, End-use certificates;

(16) § 746.3 Iraq;

(17) [Reserved]

(18) § 748.1(d)(2), Procedure for requesting authorization to file paper applications, notifications, or requests;

(19) § 748.4(b), Disclosure of parties on license applications and the power of attorney;

(20) § 748.6, General instructions for license applications;

(21) § 748.9, Support documents for license applications;

(22) § 748.10, PRC End-User Statement;

(23) § 748.11, Statement by Ultimate Consignee and Purchaser;

(24) § 748.12, Firearms Convention (FC) Import Certificate;

(25) [Reserved]

(26) Supplement No. 2 to Part 748 paragraph (c)(2), Security Safeguard Plan requirement;

(27) § 750.7, Issuance of license and acknowledgment of conditions;

(28) § 750.8, Revocation or suspension of license;

(29) § 750.9, Duplicate licenses;

(30) § 750.10, Transfer of licenses for export;

(31)-(39) [Reserved]

(40) § 754.4, Unprocessed western red cedar;

(41) § 758.1 and § 758.2, Automated Export System record;

(42) § 758.1(h), Record and proof of agent's authority;

(43) § 758.3(b), Routed Export Transactions;

(44) § 758.6, Destination control statements;

(45) § 760.5, Reporting requirements;

(46) § 762.2, Records to be retained;

(47) § 764.2, Violations;

(48) § 764.5, Voluntary self-disclosure;

(49) § 766.10, Subpoenas;

(50) § 772.2, “Specially designed” definition, note to paragraphs (b)(4), (b)(5), and (b)(6);

(51) § 740.20, note to paragraph (c)(1), License Exception STA prior approval on a BIS or DDTC license (STA);

(52) § 744.15(b), UVL statement as well as any logs or records created for multiple exports, reexports, and transfers (in-country);

(53) § 750.7(c)(2), Notification of name change by advisory opinion request; and

(54) § 748.13, Certain Hong Kong import and export licenses.

(c) Special recordkeeping requirement - (1) Libya. Persons in receipt of a specific license granted by the Department of the Treasury's Office of Foreign Assets Control (OFAC) for the export to Libya of any item subject to the EAR must maintain a record of those items transferred to Libya pursuant to such specific license and record when the items are consumed or destroyed in the normal course of their use in Libya, reexported to a third country not requiring further authorization from BIS, or returned to the United States. This requirement applies only to items subject to a license requirement under the EAR for export to Libya as of April 29, 2004. These records must include the following information:

(i) Date of export or reexport and related details (including means of transport);

(ii) Description of items (including ECCN) and value of items in U.S. Dollars;

(iii) Description of proposed end-use and locations in Libya where items are intended to be used;

(iv) Parties other than specific OFAC licensee who may be given temporary access to the items; and

(v) Date of consumption or destruction, if the items are consumed or destroyed in the normal course of their use in Libya, or the date of reexport to a third country not requiring further authorization from BIS, or return to the United States.

(2) [Reserved]

[61 FR 12900, Mar. 25, 1996] Editorial Note:For Federal Register citations affecting § 762.2, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

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