EAR Section 762

PART 762
RECORDKEEPING
Sec.

Page

762.1

Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

762.2

Records to be retained . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

762.3

Records exempt from recordkeeping requirements . . . . . . . . . . . . . . . . . . . . . . . . . . 3

762.4

Original records required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

762.5

Reproduction of original records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

762.6

Period of retention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

762.7

Producing and inspecting records. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Export Administration Regulations

August 6, 2007

Recordkeeping

Part 762--page 1

§762.1

(b) Persons subject to this part

SCOPE

Any person subject to the jurisdiction of the
United States who, as principal or agent
(including a forwarding agent), participates in any
transaction described in paragraph (a) of this
section, and any person in the United States or
abroad who is required to make and maintain
records under any provision of the EAR, shall
keep and maintain all records described in §762.2
of this part that are made or obtained by that
person and shall produce them in a manner
provided by §762.6 of this part.

In this part, references to the EAR are references
to 15 CFR chapter VII, subchapter C.
(a) Transactions subject to this part
The recordkeeping provisions of this part apply to
the following transactions:
(1) Transactions involving restrictive trade
practices or boycotts described in part 760 of the
EAR;

§762.2
(2)
Exports of commodities, software, or
technology from the United States and any known
reexports, transshipment, or diversions of items
exported from the United States;
(3) Exports to Canada, if, at any stage in the
transaction, it appears that a person in a country
other than the United States or Canada has an
interest therein, or that the item involved is to be
reexported, transshipped, or diverted from Canada
to another foreign country; or
(4) Any other transactions subject to the EAR,
including, but not limited to, the prohibitions
against servicing, forwarding and other actions
for or on behalf of end-users of proliferation
concern contained in §§736.2(b)(7) and 744.6 of
the EAR.
This part also applies to all
negotiations connected with those transactions,
except that for export control matters a mere
preliminary inquiry or offer to do business and
negative response thereto shall not constitute
negotiations, unless the inquiry or offer to do
business proposes a transaction that a reasonably
prudent exporter would believe likely lead to a
violation of the EAA, the EAR or any order,
license or authorization issued thereunder.

Export Administration Regulations

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;
(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; and
(10) 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
August 6, 2007

Recordkeeping

recordkeeping provisions, include, but are not
limited to the following:
(1) Part 736, General Prohibitions;
(2) §732.6, Steps for other requirements;
(3) §740.1, Introduction (to License Exceptions);
(4) §740.10(c), Servicing and replacement of
parts and equipment (RPL)
(5) §740.13(f), Technology and software unrestricted (TSU);
(6) §743.2, High Performance Computers;
(7) Supplement No. 3 to part 742 High
Performance Computers; Safeguards and related
Information;
(8) §742.15, Key Escrow Encryption Items;
(9) §740.7, Humanitarian donations (NEED);
(10) §746.3, Iraq;
(11) Part 747, Special Iraq Reconstruction
License;
(12) §748.4(a), Disclosure and substantiation of
facts on license applications;
(13) §748.6, General instructions for license
applications;
(14) §748.9, Support documents for license
applications;
(15) §748.10, Import and End-user Certificates;
(16) §748.11, Statement by Ultimate Consignee
and Purchaser;
(17) §748.13, Delivery Verification (DV);
(18) §748.2(c), Obtaining forms; mailing
addresses;
(19) §750.7, Issuance of license and
acknowledgment of conditions;
(20) §750.8, Revocation or suspension of license;
(21) §750.9, Duplicate licenses;
(22) §750.10, Transfer of licenses for export;
(23) §752.7, Direct shipment to customers;
(24) §752.9, Action on SCL applications;
(25) §752.10, Changes to the SCL;
(26) §752.11, Internal Control Programs;
(27) §752.12, Recordkeeping requirements;
(28) §752.13, Inspection of records;
(29) §752.14, System reviews;
(30) §752.15, Export clearance;
(31) §754.2(j)(3), Recordkeeping requirements
for deep water ballast exchange;
Export Administration Regulations

Part 762--page 2

(32) §754.4, Unprocessed western red cedar;
(33) §758.1(h), Record and proof of agent's
authority;
(34) §§758.1 and 758.2, Shipper's Export
Declaration or Automated Export System record;
(35) §758.6, Destination control statements;
(36) §760.6, Restrictive Trade Practices and
Boycotts;
(37) §762.2, Records to be retained;
(38) §764.2, Violations;
(39) §764.5, Voluntary self-disclosure;
(40) §766.10, Subpoenas;
(41) §743.1, Wassenaar reports;
(42) §748.14, Exports of firearms;
(43) §745.1, Annual reports;
(44) §745.2, End-use certificates; and
(45) §758.2(c), Assumption writing.
(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
August 6, 2007

Recordkeeping

Part 762--page 3

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].

(25) Commission payment printout;
(26) Engineering fees invoice;
(27) Foreign tax receipt;
(28) Individual customer credit status;
(29) Request for export customers code forms;
(30) Acknowledgement for receipt of funds;
(31) Escalation development form;
(32) Summary quote;
(33) Purchase order review form;
(34) Proposal extensions;
(35) Financial proposal to export customers;
and
(36) Sales summaries.

§762.3
(b) [RESERVED]
RECORDS EXEMPT FROM
RECORDKEEPING REQUIREMENTS
§762.4
(a) The following types of records have been
determined to be exempt from the recordkeeping
requirement procedures:
(1) Export information page;
(2) Special export file list;
(3) Vessel log from freight forwarder;
(4) Inspection certificate;
(5) Warranty certificate;
(6) Guarantee certificate;
(7) Packing material certificate;
(8) Goods quality certificate;
(9) Notification to customer of advance meeting;
(10) Letter of indemnity;
(11) Financial release form;
(12) Financial hold form;
(13) Export parts shipping problem form;
(14) Draft number log;
(15) Expense invoice mailing log;
(16) Financial status report;
(17) Bank release of guarantees;
(18) Cash sheet;
(19) Commission payment back-up;
(20) Commissions payable worksheet;
(21) Commissions payable control;
(22) C heck request forms;
(23) Accounts receivable correction form;
(24) Check request register;
Export Administration Regulations

ORIGINAL RECORDS REQUIRED
The regulated person must maintain the original
records in the form in which that person receives
or creates them unless that person meets all of
the conditions of §762.5 of this part relating to
reproduction of records. If the original record
does not meet the standards of legibility and
readability described in §762.5 of this part and
the regulated person intends to rely on that record
to meet the recordkeeping requirements of the
EAR, that person must retain the original record.

§762.5
REPRODUCTION OF ORIGINAL
RECORDS
(a) The regulated person may maintain
reproductions instead of the original records
provided all of the requirements of paragraph (b)
of this section are met.
(b) In order to maintain the records required by
§762.2 of this part, the regulated persons defined
in §762.1 of this part may use any photographic,
August 6, 2007

Recordkeeping

p h o t o s t a t i c , m i n ia t u r e p ho t o g r ap h i c,
micrographic, automated archival storage, or
other process that completely, accurately, legibly
and durably reproduces the original records
(whether on paper, microfilm, or through
electronic digital storage techniques). The
process must meet all of the following
requirements, which are applicable to all systems:
(1) The system must be capable of reproducing
all records on paper.
(2) The system must record and be able to
reproduce all marks, information, and other
characteristics of the original record, including
both obverse and reverse sides of paper
documents in legible form.
(3) When displayed on a viewer, monitor, or
reproduced on paper, the records must exhibit a
high degree of legibility and readability. (For
purposes of this section, legible and legibility
mean the quality of a letter or numeral that enable
the observer to identify it positively and quickly
to the exclusion of all other letters or numerals.
Readable and readability mean the quality of a
group of letters or numerals being recognized as
complete words or numbers.)
(4) The system must preserve the initial image
(including both obverse and reverse sides of paper
documents) and record all changes, who made
them and when they were made.
This
information must be stored in such a manner that
none of it may be altered once it is initially
recorded.
(5) The regulated person must establish written
procedures to identify the individuals who are
responsible for the operation, use and
maintenance of the system.
(6) The regulated person must establish written
procedures for inspection and quality assurance of
records in the system and document the
implementation of those procedures.
Export Administration Regulations

Part 762--page 4

(7) The system must be complete and contain all
records required to be kept by this part or the
regulated person must provide a method for
correlating, identifying and locating records
relating to the same transaction(s) that are kept in
other record keeping systems.
(8) The regulated person must keep a record of
where, when, by whom, and on what equipment
the records and other information were entered
into the system.
(9) Upon request by the Office of Export
Enforcement, the Office of Antiboycott
Compliance, or any other agency of competent
jurisdiction, the regulated person must furnish, at
the examination site, the records, the equipment
and, if necessary, knowledgeable personnel for
locating, reading, and reproducing any record in
the system.
(c) Requirements applicable to systems based
on the storage of digital images
For systems based on the storage of digital
images, the system must provide accessibility to
any digital image in the system. With respect to
records of transactions, including those involving
restrictive trade practices or boycott requirements
or requests. The system must be able to locate
and reproduce all records relating to a particular
transaction based on any one of the following
criteria:
(1) The name(s) of the parties to the transaction;
(2)
Any country(ies) connected with the
transaction; or
(3) A document reference number that was on
any original document.
(d) Requirements applicable to a system based
on photographic processes
For systems based on photographic, photostatic,
August 6, 2007

Recordkeeping

Part 762--page 5

or miniature photographic processes, the
regulated person must maintain a detailed index
of all records in the system that is arranged in
such a manner as to allow immediate location of
any particular record in the system.

to BIS in accordance with § 764.5(c)(4)(ii) and
other records even if such records have been
retained for a period of time exceeding that
required by paragraph (a) of this section.
§762.7

§762.6

PRODUCING AND INSPECTING
RECORDS

PERIOD OF RETENTION
(a) Persons located in the United States
(a) Five year retention period
All records required to be kept by the EAR must
be retained for five years from the latest of the
following times:
(1) The export from the United States of the item
involved in the transaction to which the records
pertain or the provision of financing, transporting
or other service for or on behalf of end-users of
proliferation concern as described in
§§736.2(b)(7) and 744.6 of the EAR;
(2) Any known reexport, transshipment, or
diversion of such item;
(3) Any other termination of the transaction,
whether formally in writing or by any other
means; or
(4) In the case of records of pertaining to
transactions involving restrictive trade practices
or boycotts described in part 760 of the EAR, the
date the regulated person receives the boycottrelated request or requirement.

Persons located in the United States may be asked
to produce records that are required to be kept by
any provision of the EAR, or any license, order,
or authorization issued thereunder and to make
them available for inspection and copying by any
authorized agent, official, or employee of the
Bureau of Industry and Security, the U.S.
Customs Service, or any other agency of the U.S.
Government, without any charge or expense to
such agent, official, or employee. The Office of
Export Enforcement and the Office of
Antiboycott Compliance encourage voluntary
cooperation with such requests. When voluntary
cooperation is not forthcoming, the Office of
Export Enforcement and the Office of
Antiboycott Compliance are authorized to issue
subpoenas requiring persons to appear and testify,
or produce books, records, and other writings. In
instances where a person does not comply with a
subpoena, the Department of Commerce may
petition a district court to have a subpoena
enforced.
(b) Persons located outside
of the United States

!(b) Destruction or disposal of records
If the Bureau of Industry and Security or any
other government agency makes a formal or
informal request for a certain record or records,
such record or records may not be destroyed or
disposed of without the written authorization of
the agency concerned. This prohibition applies to
records pertaining to voluntary disclosures made
Export Administration Regulations

Persons located outside of the United States that
are required to keep records by any provision of
the EAR or by any license, order, or authorization
issued thereunder shall produce all records or
reproductions of records required to be kept, and
make them available for inspection and copying
upon request by an authorized agent, official, or
employee of the Bureau of Industry and Security,
August 6, 2007

Recordkeeping

the U.S. Customs Service, or a Foreign Service
post, or by any other accredited representative of

Export Administration Regulations

Part 762--page 6

the U.S. Government, without any charge or
expense to such agent, official or employee.

August 6, 2007