EAR Part 747

PART 747
SPECIAL IRAQ RECONSTRUCTION LICENSE (SIRL)
Sec.

Page

747.1

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

747.2

Eligibility requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

747.3

Eligible items . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

747.4

Steps you must follow to apply for a SIRL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

747.5

SIRL application review process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Export Administration Regulations

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Special Iraq Reconstruction License

§747.1

Part 747-page 1

biological weapons (CB) reasons, are eligible
for export, reexport or transfer under a SIRL.

SCOPE
A Special Iraq Reconstruction License (SIRL)
authorizes exports and reexports to Iraq and
transfers within Iraq of items in furtherance of
civil reconstruction and other related projects.

§747.4
STEPS YOU MUST FOLLOW TO APPLY
FOR A SIRL
(a) Step One: Prepare your documentation

§747.2
ELIGIBILITY REQUIREMENTS
(a) A SIRL authorizes exports and reexports to
Iraq and transfers within Iraq of items in
furtherance of civil reconstruction and other
projects funded by:
(1) The United States Government;
(2) The United Nations, the World Bank, and
the International Monetary Fund, their affiliated
entities (i.e., International Bank for
Reconstruction and Development, International
Finance Corporation, and United Nations
Development Programme); and
(3) Any other entities that the U.S. Government
may designate.
(b) To be eligible for a SIRL, exports, reexports
or transfers must be made pursuant to and
within the scope of contractual or similar
arrangements in furtherance of civil
reconstruction or other projects in Iraq funded
by any of the entities described above.

§747.3
ELIGIBLE ITEMS
All items subject to the EAR, other than items
controlled for missile technology (MT), nuclear
nonproliferation (NP) or chemical and
Export Administration Regulations

(1) Form BIS-748P, Multipurpose Application,
and Form BIS-748P-A, Item Appendix. You
must complete the Multipurpose Application
Form (BIS-748P) to apply for a SIRL.
Applications must specifically describe, on
Form BIS-748P-A, Item Appendix, all items
subject to the EAR to be exported or reexported
to Iraq, or transferred within Iraq, for which BIS
approval is sought. Export control classification
numbers (ECCNs) must be identified for all
such items. Applicants should provide BIS
commodity classifications, where available, as
this will assist BIS to rule upon the application
quickly.
(2) Form BIS-748P-B, End-User Appendix. All
end-users must be identified on Form BIS-748PB, End-User Appendix.
(b) Step Two: Narrative Statement to Support
Application
In support of an application for a SIRL,
exporters must submit with the application a
narrative statement that includes the following
information:
(1) Identity of all parties to the proposed
transaction;
(2) Detailed description of the project, funding
entity, the contract or work order which formed
the basis of the transaction, and any
identification number or project code for that
contract or work order;
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expeditiously as possible.
(3) Explanation of how the project will
contribute to the reconstruction of Iraq and any
potential security issues associated with the
items to be exported, reexported or transferred;
(4) Written statement from one or more funding
agencies referred to in §747.2 addressing
whether the transaction is likely to pose security
issues;
(5) Certification that items will not be used in
any of the prohibited proliferation activities
described in part 744 of the EAR;
(6) For items that will remain in the control of
the exporter, a commitment to return all items to
the United States when the authorized project or
activity is complete, excluding those items that
are consumed in Iraq, absent specific permission
from BIS; and
(7) Certification that parties to the transaction
will obtain a license from BIS prior to
transferring within Iraq or reexporting items to
end-users not authorized under the SIRL, unless
they would not require a BIS license to the new
country of destination. (Please see the guidance
in §747.5(d) regarding the transfer of items to
persons within Iraq not included on the EndUser Appendix.)

(b) Review Policy
(1) BIS will review SIRL applications on a caseby-case basis. To approve a SIRL, BIS must be
satisfied that the parties to the license will
adhere to the conditions of the license and the
EAR, and that approval of the application will
not be detrimental to U.S. national security,
nonproliferation, or foreign policy interests. In
reviewing and approving a specific SIRL
application, BIS may retain the right to limit the
items that are eligible or to prohibit the export,
reexport, or transfer of items under the
reconstruction license to specific firms or
individuals.
(2) BIS will thoroughly analyze all parties, items
and activities associated with the applicant’s
proposed transaction(s). If BIS cannot verify
that all parties, items and activities are
appropriate, or establish the reliability of the
proposed parties to the application, it may deny
the application, or modify it by eliminating
certain consignees, items, activities or other
elements.
(3) The licensing decision will focus on the
following factors:
(i) The proposed end-use(s);

§747.5
SIRL APPLICATION REVIEW PROCESS
(a) Application Processing Time Frames
Upon receiving a complete application with all
requisite supporting documentation, BIS may
review the application for up to ten days before
referring the application to the other appropriate
agencies. Agencies have 30 days from the date
of referral to process the application. The U.S.
Government will review the application as
Export Administration Regulations

(ii) If the proposed transaction will contribute
to the reconstruction of Iraq;
(iii) If the proposed transaction could
contribute to the design, development,
production, stockpiling, or use of nuclear or
chemical or biological weapons, or missiles of
greater than 150 kilometer range and the types
of assurances available against these activities;
(iv) The potential impact of the proposed
transaction on the security situation in Iraq; and
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Special Iraq Reconstruction License

(v) The reliability of all parties to the
proposed transaction.

Part 747-page 3

received for the reexport or transfer within Iraq,
if required.
(d) Post-Shipment Information

(4) If the U.S. Government determines that the
proposed transaction does not satisfy all the
criteria of part 747, BIS will inform the
applicant that the agency will review the
application under standard license procedures
for individual items rather than as a SIRL. The
applicant may elect to have the application
Returned Without Action. Applicants are not
required to use the SIRL procedure and may
seek authorization under standard license
procedures.

For any items exported or reexported pursuant
to a SIRL that are not consumed in Iraq, the
applicant must either:
(1) Return the items to the United States;
(2) Reexport the items to a third country, and
obtain prior BIS approval where required; or
(3) Seek a license from BIS prior to transferring
the items within Iraq to an end-user not
identified on the End-User Appendix..

(c) Validity Period
(e) Changes to a SIRL
SIRLs will be valid until the completion or
discontinuation of the associated project
detailed in the application or until otherwise
determined by BIS. Applicants are required to
submit a report to BIS verifying completion of
the project or indicating that the project has
been discontinued. These reports should be
submitted to the following address: U.S.
Department of Commerce, Office of Exporter
Services, ATTN: Reports, 14th St. &
Pennsylvania Ave., N.W., Washington, DC,
20230. The report should include the following
information:
(1) The SIRL reference number;
(2) The date the project is completed or
discontinued;
(3) Verification that items exported under the
authority of the SIRL were, as applicable,
consumed during use, returned to the United
States, reexported to a third country, or
transferred to a party within Iraq for whom the
applicant has received a license from BIS; and
(4) The reference numbers of the licenses
Export Administration Regulations

Changes to a SIRL require BIS prior approval if
they involve:
(1) Change to consignee name or address;
(2) Addition of new consignee;
(3) Addition of new item;
(4) Changes to end user information or
additional end users added; and/or
(5) Change to license holder ownership or
control. Applicants must submit a written
request for a change to the Office of Exporter
Services. BIS will respond to these requests in
written form. Changes involving the following
must be reported to BIS within 30 days of their
occurrence but do not require prior BIS
approval:
(i) License holder address, contact
information, or license value; or
(ii) Removing consignee(s), items or end users
from the SIRL.
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Special Iraq Reconstruction License

(f) Administrative actions
If BIS believes any party to a SIRL is not
complying with all conditions of the SIRL, BIS
may take measures including revoking or
suspending parts of the SIRL, or may restrict

Export Administration Regulations

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what items may be shipped under the SIRL.
Whenever necessary to protect the national
interest of the United States, BIS may take any
licensing action it deems appropriate, without
regard to contracts or agreements entered into
before such administrative action.

July 30, 2004