EAR Section 752

PART 752
SPECIAL COMPREHENSIVE LICENSE
Sec.

Page

752.1

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

752.2

Eligible activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

752.3

Eligible items . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

752.4

Eligible countries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

752.5

Steps you must follow to apply for an SCL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

752.6

Reexports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

752.7

Direct shipment to customers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

752.8

SCL application review process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

752.9

Action on SCL applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

752.10 Changes to the SCL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
752.11 Internal Control Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
752.12 Recordkeeping requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
752.13 Inspection of records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
752.14 System reviews . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
752.15 Export clearance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
752.16 Administrative actions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
752.17 BIS address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
INSTRUCTIONS FOR COMPLETING FORM BIS-748P,
“MULTIPURPOSE APPLICATION”, FOR REQUESTS
FOR SPECIAL COMPREHENSIVE LICENSES . . . . . . . . . . . . . . . . . . . . . . SUPPLEMENT NO. 1
INSTRUCTIONS FOR COMPLETING FORM BIS-748P-A,
“ITEM ANNEX” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SUPPLEMENT NO. 2

Export Administration Regulations

November 18, 2008

INSTRUCTIONS FOR COMPLETING FORM BIS-752,
“STATEMENT BY CONSIGNEE IN SUPPORT OF
SPECIAL COMPREHENSIVE LICENSE” . . . . . . . . . . . . . . . . . . . . . . . . . . . SUPPLEMENT NO. 3
INSTRUCTIONS FOR COMPLETING FORM BIS-752-A,
“REEXPORT TERRITORIES” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SUPPLEMENT NO. 4
INSTRUCTIONS FOR COMPLETING FORM BIS-748P-B
“END-USER APPENDIX” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SUPPLEMENT NO. 5

Export Administration Regulations

November 18, 2008

Special Comprehensive License

§752.1

Part 752-page 1

752, Statement by Consignee in Support of
Special Comprehensive License.

SCOPE
(b) ICP requirement
(a)(1) Introduction
In this part, references to the EAR are references
to 15 CFR chapter VII, subchapter C. This part
describes the provisions of the Special
Comprehensive License (SCL). You may apply
for an SCL, when appropriate, in lieu of a license
described in part 748 of the EAR, or a License
Exception described in part 740 of the EAR, for
multiple exports and reexports of items subject to
the EAR. The SCL provides authorization to
make specified exports and reexports that are
otherwise prohibited by General Prohibitions
One, Two, and Three described in part 736 of the
EAR. The existence of an SCL does not
supersede an exporter's obligation to request a
separate license as may be required by part 744 of
the EAR. Because the Bureau of Industry and
Security (BIS) does not review each individual
transaction authorized by an SCL, parties to the
SCL must have the mechanisms in place to ensure
that each export and reexport made under an SCL
meets all the terms and conditions of the license
and are in accordance with all applicable
provisions of the EAR. It is through the design
and effective implementation of an Internal
Control Program (ICP) that the SCL holder and
the SCL consignee (referred to as “consignee” for
purposes of this part) assure that exports and
reexports are not made contrary to the EAR.
(2) Definitions.
(i) SCL holder. As used in this part, “SCL
holder” is that party approved on an SCL to
perform activities approved under the SCL.
(ii) SCL consignee. As used in this part, “SCL
consignee” or “consignee” means any party
authorized to receive items under the SCL and
named as a consignee on an approved Form BIS-

Export Administration Regulations

To qualify for an SCL, you must develop an ICP.
Section 752.11 of this part includes a general
description of the elements of the ICP, and
guidance on which elements your company must
implement before making shipments under the
SCL. The elements of the ICP your company will
develop reflect the complexity of the activities
authorized under the SCL, the countries and items
involved, and the relationship between the SCL
holder and the approved consignees. BIS may
require you to include in your ICP any
combination of elements, depending upon the
nature of your SCL application. During your preapplication consultation required by §752.5(a)(1),
BIS will provide you guidance on the which
elements you must implement.

§752.2
ELIGIBLE ACTIVITIES
(a) Possible authorizations
Under the SCL, BIS may authorize you to
perform any number of activities, which can be
grouped under the general categories of “service”,
“end-user”, “distribution” and “other” activities.
Examples of the general categories include:
(1) Service activities. Exporting items subject to
the EAR as spare and replacement parts for
servicing or stocking.
(2) End-user activities. Exporting and
reexporting items subject to the EAR for use as
capital equipment.
(3) Distribution activities. Exporting and
reexporting items subject to the EAR for the
purpose of resale and reexport by consignees.
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Special Comprehensive License

(4) Other activities. Other activities not
included in paragraphs (a)(1) through (a)(3) of
this section may be authorized by BIS under the
SCL on a case-by-case basis.

Part 752-page 2

(4) Items controlled for short supply reasons that
are identified by the letters “SS” in the applicable
“Reason for Control” paragraph on the CCL;
(5) Items controlled for EI reasons on the CCL;

(b) Prohibited activities
The general prohibitions described in
§736.2(b)(4) through (10) of the EAR apply to all
exports and reexports by, and conduct of, all
parties approved on your SCL, unless you are
specifically authorized under the SCL to perform
such activities, or the particular activity otherwise
qualifies for a License Exception described in
part 740 of the EAR.

§752.3
ELIGIBLE ITEMS
(a) All items subject to the EAR, including items
eligible for License Exceptions described in part
740 of the EAR, are eligible for export and
reexport under the SCL, except:
(1) Items controlled for missile technology
reasons that are identified by the letters MT in the
applicable “Reason for Control” paragraph on the
Commerce Control List (CCL) (see Supplement
No. 1 to part 774 of the EAR);
(2) Items controlled by ECCNs 1C351, 1C352,
1C353, 1C354, 1C991, 1E001, 2B352, 2E001,
2E002, and 2E301 on the CCL controlled for CB
reasons;
(3) Items controlled by ECCNs 1C350, 1C995,
1D390, 1E350, 1E351, 2B350, and 2B351 on the
CCL that can be used in the production of
chemical weapons precursors and chemical
warfare agents, to destinations listed in Country
Group D:3 (see Supplement No. 1 to part 740 of
the EAR);

(6) Maritime (civil) nuclear propulsion systems
or associated design or production software and
technology identified in §744.5 of the EAR;
(7) Communications intercepting devices and
related software and technology controlled by
ECCN 5A980, 5D980, or 5E980 on the CCL;
(8) Hot section technology for the development,
production or overhaul of commercial aircraft
engines controlled under ECCN 9E003.a.1
through a.12, .f, and related controls;
(9) Items specifically identified as ineligible by
BIS on your approved SCL; and
(10) Additional items
international commitments.

consistent

with

(b) Items controlled for nuclear nonproliferation
reasons that are identified by the letters NP in the
applicable “Reason for Control” paragraph on the
CCL may be authorized on a case-by-case basis
provided controls are in place to screen for
proscribed end-users or end-uses.

§752.4
ELIGIBLE COUNTRIES
(a) General provisions
All countries are eligible under the SCL except:
(1) Cuba, Iran, Iraq, North Korea, Sudan, and
Syria.
(2) Other countries that BIS may designate on a
case-by-case basis as ineligible to receive items

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Special Comprehensive License

Part 752-page 3

(b) Step Two: Establish consignee reliability

under the SCL.
(b) Servicing prohibitions
Under the SCL, you may not service any item
when you know that the item is owned or
controlled by, or under the lease or charter of,
entities in countries identified in paragraphs
(a)(1) and (a)(2) of this section or any national of
such countries.

§752.5
STEPS YOU MUST FOLLOW TO APPLY
FOR AN SCL
(a) Step One: Establish applicant reliability
(1) Pre-application consultation. To apply for
an SCL, BIS must determine your reliability as a
potential SCL holder. BIS usually does this
through consultation with company officials and
a review of the criteria identified in paragraph
(a)(2) of this section. To determine whether your
company requires a consultation before you apply
for an SCL, contact BIS at the address, phone, or
telefacsimile numbers included in §752.17 of this
part.
(2) Criteria for determining eligibility. BIS will
review the following criteria to help determine
SCL holder eligibility:
(i) Evidence of past licensing history and
projected, continuous large volume exports;

(1) Requirements. You must make an initial
determination of the reliability of all consignees
that are listed on your application for an SCL,
based upon the criteria described in paragraph
(b)(2) of this section.
(2) Determining reliability. The criteria that
you should take into consideration include, but
are not limited to, the following:
(i) Criteria.
(A) The proposed consignee has a satisfactory
record established through BIS pre-license
checks, or extensive experience as a consignee
under any license issued by BIS;
(B) The proposed consignee is a whollyowned subsidiary or a controlled-in-fact affiliate
of the applicant or of a consignee that is already
approved on an SCL. See part 772 of the EAR
for a definition of controlled-in-fact; or
(C) You have evidence of an established, ongoing business relationship with the proposed
consignee.
(ii) Exception. The provisions of paragraph
(b)(2)(i) of this section do not preclude the
authority of BIS to determine the reliability and
eligibility of a proposed consignee. BIS may,
based upon any negative information on the
proposed consignees, deny a proposed consignee.
(c) Step Three: Prepare your documentation

(ii) Reliability of all parties relative to their
compliance with the EAR;
(iii) Commitment of all parties of the necessary
resources to implement and maintain an adequate
ICP; and
(iv) Evidence of all parties’ knowledge of all
provisions of the EAR.
Export Administration Regulations

Complete Form BIS-748P, Multipurpose
Application, Form BIS-748P-A, Item Appendix,
Form BIS-748P-B, End-User Appendix, an ICP, a
comprehensive narrative statement, Form BIS752, Statement by Consignee in Support of
Special Comprehensive License, Form BIS-752A, Reexport Territories, and all applicable
certifications. Submit this documentation to BIS
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Special Comprehensive License

at one of the addresses included in §752.17 of this
part.
(1) Form BIS-748P, Multipurpose Application,
and Form BIS-748P-A, Item Appendix. You
must complete Form BIS-748P and Form 748P-A
according to the instructions found in Supplement
Nos. 1 and 2 of this part.
(2) Form BIS-748P-B, End-User Appendix.
You must identify end-users on Form BIS-748P-B
if you are requesting approval to export or
reexport items controlled for nuclear
nonproliferation or chemical and biological
control reasons.
(3) ICP. You must provide a copy of your
proposed ICP as required by §752.11 of this part.
You must indicate whether any of the elements of
the ICP will not be implemented and explain why
these elements were deemed inapplicable.
Existence of a properly constructed ICP will not
relieve you of your responsibility to comply with
requirements of all applicable regulations
pertaining to your SCL;
(4) Comprehensive narrative statement.
Prepare a comprehensive narrative statement on
your company letterhead that includes the
following information:
(i) An overview of the total business activity
that will be performed by you and all other parties
who will receive items under the authority of your
SCL, including consignees, subcontractors, and
vessels;
(ii) A description of the nature and anticipated
volume of regular and repetitive transactions
proposed by consignees under the license;
(iii) An explanation of the relationship between
the parties to the application, such as affiliate,
subsidiary, or parent, etc;
(iv) A certification that you will implement,
Export Administration Regulations

Part 752-page 4

upon approval of the application by BIS, an ICP
that incorporates all applicable elements listed in
§752.11 of this part and any additional elements
as required by BIS upon approval of the SCL; and
(v) Information on whether proposed
consignees are end-users or will reexport the
items received under your SCL. You must
describe the proposed consignee's activities
completely to determine the appropriate ICP
elements that you and your consignees must
implement.
(5) Form BIS-752, Statement of Consignee in
Support of Special Comprehensive License.
This Form is completed by each consignee. You
must submit one completed, signed, original Form
BIS-752 for each proposed consignee on your
SCL application. See Supplement No. 3 to this
part for instructions on completing Form BIS-752.
Form BIS-752 is not required if the proposed
consignee is both an end-user and a “foreign
government agency” as defined in part 772 of the
EAR.
(6) Form BIS-752-A, Reexport Territories.
You must complete Form BIS-752-A, and attach
it to the appropriate Form BIS-752, whenever
Blocks 8B, 8C, 8E, and/or 8F are selected on
Form BIS-752. See the instruction found in
Supplement No. 3 to this part. Form BIS-752-A
is not required if the proposed consignee is both
an end-user and a foreign government agency (see
part 772 of the EAR for a definition of foreign
government agency).
(7) Consignee certifications. Each consignee
must provide certain certifications on company
letterhead that is signed by the consignee. Attach
certifications to the appropriate Form BIS-752.
Each consignee must certify that:
(i) They will implement, upon approval of the
SCL by BIS, an ICP that incorporates all
applicable elements listed in §752.11 of this part
and any additional elements as required by BIS
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Special Comprehensive License

upon approval of your SCL. If certain elements
of an ICP will not be included, state the reasons
for that determination;
(ii) They will comply with all provisions of the
EAR, including the recordkeeping provisions of
part 762 of the EAR, all applicable system review
requirements of §752.14 of this part, and the
reexport restrictions of §752.6 of this part; and
(iii) They will make available for inspection,
upon request by BIS, all records required by
§752.12 of this part and part 762 of the EAR.
(8) Additional certifications.
(i) Temporary exports. Proposed consignees
that plan to exhibit or demonstrate items in
countries other than those in which they are
located or are authorized under an SCL, an
approved Form BIS-752, or a License Exception
provision described in §740.8(a)(2)(iii) of the
EAR may obtain permission to do so by including
the following additional certification on company
letterhead, and attaching it to Form BIS-752.
I(We) request authorization to reexport
temporarily, for exhibit or demonstration in
countries eligible to receive items under the
Special Comprehensive License. The items
exported will be retained under my (our)
ownership and control, and will be returned
by me (us) to (name destination) promptly
after their exhibit or demonstration abroad,
and in no case later than one year after the
date of reexport, unless other disposition is
authorized in writing by the Bureau of
Industry and Security.

Part 752-page 5

Supplement No. 1 to part 740 of the EAR)
certifying the following:
!“No chemicals or chemical equipment
received under this Special Comprehensive
License will be transferred, resold, or
reexported to a destination or end-user that
requires a license, unless the new end-user has
been approved by the Bureau of Industry and
Security, and in no case will the items be
transferred, resold, or reexported to a party who
is not the end-user.”
(iii) Nuclear nonproliferation certification. If
you are requesting the export or reexport under
the EAR of items controlled for nuclear
nonproliferation reasons described in §744.2(a) of
the EAR, prior to submitting an SCL application,
you must obtain a signed written statement on
company letterhead from the proposed
consignee(s) and end-user(s) certifying the
following:
(A) The items to be exported or replicas
thereof (“replicas” refer to items produced abroad
based on physical examination of the items
originally exported, matching it in all critical
design and performance parameters), will not be
used in any of the activities described in §744.2
of the EAR; and
(B) Written authorization will be obtained
from BIS prior to transferring or reexporting the
items, unless they are destined to Canada or
would not require a license to the new country of
destination.

§752.6
(ii) Chemicals and chemical equipment
certification. If you are requesting authority to
export chemicals or chemical equipment eligible
for the SCL, you must obtain a signed written
statement on company letterhead from the
proposed consignee(s) and end-user(s) (except
those located in Country Group A:3) (see
Export Administration Regulations

REEXPORTS
(a) Authorized reexports
All consignees may reexport items without
approval from BIS under any one of the following
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Special Comprehensive License

Part 752-page 6

circumstances, unless otherwise specifically
excluded by the provisions of the EAR or by a
condition placed on your SCL.

consignee through the SCL holder must submit
the sourcing request for reexport of items on
Form BIS-752.

(1) Reexports that qualify for a License Exception
authorized by part 740 of the EAR;

§752.7

(2) Reexports to destinations approved by BIS
through validation of Form BIS-752 and/or Form
BIS-752-A according to the terms stated on the
Form BIS-752 or BIS-752-A; or
(3) Reexports of items approved under an SCL to
and among other consignees approved on the
same SCL, provided that the items are eligible to
the new destination in accordance with your
approved SCL and §752.3 of this part.
(b) Prohibitions
You are prohibited from the following activities
without specific authorization from BIS:
(1) Transferring, reselling, or reexporting under
your SCL any chemicals or chemical equipment
identified with the letters “CB” in the applicable
“Reason for Control” paragraph on the CCL (see
Supplement No. 1 to part 774 of the EAR); and
(2) Reexporting under your SCL items identified
by the letters NP in the applicable “Reason for
Control” paragraph on the CCL to destinations
not listed in country group A:4 (see Supplement
No. 1 to part 740).
(c) Sourcing
Consignees who obtain U.S.-origin items abroad
that are eligible for the SCL but that are subject to
General Prohibitions One, Two, or Three (see
part 736 of the EAR) may reexport them under
the authority of your SCL, provided that they are
reexported in accordance with the ICP required
by §752.11 of this part, and any other applicable
conditions or reexport restriction placed on your
SCL by BIS. Either the SCL holder or the
Export Administration Regulations

DIRECT SHIPMENT TO CUSTOMERS
(a) General authorization
(1) Upon request by a consignee, an SCL holder
or another consignee approved under the same
SCL is authorized to deliver products directly to
the requesting consignee's customer in either:
(i) The requesting consignee's country; or
(ii) Another country authorized to receive
items under the requesting consignee's validated
Form BIS-752-A.
(2) The SCL holder or consignee making direct
shipments authorized by this section must
implement an ICP containing procedures
governing such shipments.
(3) SCL holders and consignees using the direct
shipment provision may invoice the shipments
directly to the requesting consignee's customers if
copies of applicable invoices are maintained by
both the shipping party and requesting consignee.
(b) Procedures
(1) Exports by an SCL holder. The SCL holder
may make a direct shipment by entering on the
Shipper's Export Declaration or Automated
Export System Record the name and address of
the customer as ultimate consignee and adding the
notation “by order of (name and address of
consignee requesting the direct shipment).” The
notation must appear below the item description
and must cite the SCL number followed by the
three digit number of the consignee requesting the
“by order of” shipment.
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Special Comprehensive License

(2) Reexports by a consignee. An approved
consignee may make a direct reexport shipment to
a customer of another approved consignee on the
same SCL by showing on the commercial invoice
the name and address of the customer as ultimate
consignee and adding the notation “by order of
(name and address of consignee requesting the
direct shipment)”.

Part 752-page 7

(c) Order requirement
You do not need to have in your possession an
order from the proposed consignee at the time you
apply for an SCL. However, evidence of a
consignee's firm intention to place orders on a
continuing basis is required.
(d) Criteria for review

§752.8

BIS will consider the following factors during the
processing of your SCL application:

SCL APPLICATION REVIEW PROCESS
!(a) Scope
Under an SCL, you are authorized to make
multiple exports and reexports without review
and approval of each individual transaction by
BIS. To approve an SCL, BIS must be satisfied
that the persons benefitting from this 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 SCL request,
BIS retains the right to limit the eligibility of
items or to prohibit the export, reexport, or
transfer (in-country) of items under the SCL to
specific firms, individuals, or countries.
(b) Elements of review
To permit BIS to make such judgments, BIS will
thoroughly analyze your past export and reexport
transactions, inspect your export and reexport
documents, and interview company officials of
both the applicant and the consignees, as
necessary.
If BIS cannot verify that an
appropriate ICP will be implemented upon
approval of the SCL by BIS, or establish the
reliability of the proposed parties to the
application, it may deny the application, or
modify it by eliminating certain consignees,
items, countries, or activities.

Export Administration Regulations

(1) The specific nature of proposed end-use and
end-uses;
(2) The significance of the export in terms of its
contribution to the design, development,
production, stockpiling, or use of nuclear or
chemical or biological weapons, or missiles;
(3) The types of assurances against design,
development, production, stockpiling, or use of
nuclear or chemical and biological weapons, or
missiles that are included in the ICP;
(4) The nonproliferation credentials of the
importing country;
(5) Corporate commitment of the resources
necessary to implement and maintain an adequate
ICP;
(6) Evidence of past licensing history of the
applicant and consignees, and projected,
continuous large volume exports and/or reexports;
(7) Reliability of all parties;
(8) Information on all parties’ compliance with
the provisions of the EAR; and
(9) All parties’ knowledge of the EAR.

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Special Comprehensive License

(e) Application processing time-frames
Upon receiving an SCL application, BIS may
review the application for up to two weeks to
determine whether the SCL application is
complete. When all documentation requirements
are met, BIS will register the application. After
the date of registration, the SCL application will
be processed according to the procedures
described in part 750 of the EAR.

§752.9
ACTION ON SCL APPLICATIONS
(a) Approval of SCL applications
(1) Validity period. SCLs are valid for four
years from the date of approval.
(2) Extension of validity period. You may
request an extension of your valid SCL for an
additional four years, but such requests must be
received by BIS at least 30 days prior to the
expiration of your SCL. If approved, Form BIS748P and your letter requesting an extension will
be validated and returned to you, extending the
validity period for four years. No further
extensions will be approved. A new application
and support documentation is required at the end
of that eight-year period. To apply for an
extension, complete Form BIS-748P by
completing Blocks 1, 2, 3, and 4. In addition,
mark “Special Comprehensive License” in Block
5, place an “x” in “Letter of Explanation” in
Block 6, and mark “other” in Block 8. Include
your SCL number in Block 9, and indicate in
Block 24 that you are requesting an extension to
your SCL. Submit the completed Form BIS-748P
and a statement on your company letterhead
indicating:

Part 752-page 8

(ii) Any changes to the original SCL that you
are requesting (see §752.10 of this part for
procedures on changed circumstances).
(3) Support documentation.
(i) General information. BIS will validate all
approved support documentation with the
Department of Commerce seal and date of
validation.
(ii) Form BIS-752, Form BIS-752-A, and Form
BIS-748P-B. With the approved SCL, you will
receive two validated copies of each approved
Form BIS-752, Statement by Consignee in
Support of Special Comprehensive License and, if
applicable, Form BIS-752-A, Reexport
Territories, and Form BIS-748P-B, End-User
Appendix. You must retain one copy, and send
one copy to the approved consignee. You must
also attach a letter to each approved Form BIS752 that includes each of the following elements:
(A) A description of all recordkeeping
requirements of the EAR applicable to the
activities of the consignee;
(B) Information on any applicable reexport
restrictions on items received by the consignee
under the SCL;
(C) A description or copy of §752.16 of this
part, listing administrative actions that may be
taken for improper use of, or failure to comply
with, the SCL and its required procedures;
(D) A description of any special conditions
or restrictions on the license applicable to the
consignee, including approved lists of customers,
countries, and items, when required;
(E) A description of the elements of the SCL
holder’s ICP relevant to the SCL consignee;

(i) That you continue to abide by the provisions
and conditions of the SCL; and

Export Administration Regulations

November 18, 2008

Special Comprehensive License

(F) A copy of the high risk customer profile
contained in §752.11(c)(13)(i) of this part, when
required;
(G) A copy of your procedures for screening
transactions to prevent violations of orders
denying export privileges under the EAR:
(H) A notice that the consignee, in addition
to other requirements, may not sell or otherwise
dispose of any U.S. origin items when it knows
that the items will be used in the activities
prohibited by part 744 of the EAR;
(I) A requirement that the consignee
acknowledge, in writing, receipt of this letter of
transmittal outlining their obligations under the
SCL, and certify that it will comply with all of the
requirements, including implementation of an ICP
if required by §752.11 of this part; and
(J) A description of any special
documentation requirements for consignees
reexporting items to destinations having such
requirements.
(4) Special license conditions. BIS may place
special conditions on your SCL, such as
restrictions on eligible items, countries, end-uses,
end-users or activities, or a requirement that
certain sales or transfers of items under the SCL
are subject to prior reporting to BIS. Such special
conditions will be listed on your SCL or in a letter
from BIS to the SCL holder. You must inform all
relevant consignees of all license conditions prior
to making any shipments under the SCL.
(b) Denial of SCL applications
(1) If BIS intends to deny your SCL application,
you will be notified and have opportunity to
respond according to the procedures in §750.6 of
the EAR.

Part 752-page 9

individuals, companies, or countries. In such
cases, the SCL holder must inform all consignees,
and apply for a license described in part 748 of
the EAR for subsequent transactions with such
excluded parties.
(3) If a consignee is not approved, Form BIS-752
will be returned to the SCL holder with a letter
explaining the reason for denial.
(4) If a particular destination is not approved, it
will be removed from the appropriate Form BIS752-A.
(c) Return without action
BIS may determine to return the SCL application
without action. Under such circumstances, the
application and all related documents will be
returned to you along with a letter stating the
reason for return of the license application,
explaining the deficiencies or additional
information required for reconsideration, or
advising you to apply for a license described in
part 748 of the EAR. BIS may return your entire
application or merely documents pertaining to a
specific consignee request.

§752.10
CHANGES TO THE SCL
(a) General information
Certain changed circumstances regarding the SCL
require prior approval from BIS before you make
such changes, while others require only
notification to BIS. Changes and notifications of
license holder information must be initiated by
submitting Form BIS-748P.
Changes and
notifications of consignee information must be
initiated by submitting Form BIS-752.

(2) BIS may at any time prohibit the sale or
transfer of items under the SCL to specified
Export Administration Regulations

November 18, 2008

Special Comprehensive License

(b) Changes requiring prior
written approval from BIS
The following circumstances require prior written
approval by BIS. Such requests must be
submitted by the SCL holder, and changes are not
effective until BIS approves the request. Upon
approval of a change described in this paragraph,
BIS will return to the SCL holder a validated
copy of the request, indicating any changes that
may have been made to your request, or any
special conditions that may have been imposed.
(1) Change of SCL holder company name.
You must submit to BIS Form BIS-748P,
Multipurpose Application, for any change in the
name of the SCL holder company. Complete
Blocks 1, 2, 3, and 4.
Mark “Special
Comprehensive License” in Block 5, and “other”
in Block 8. In Block 9, include your SCL
number. Briefly indicate the purpose of the
change in Block 24 (i.e., a change in company
name). Enter the new information in the relevant
Blocks, and complete Block 25. The SCL holder
must send a copy of the validated Form BIS-748P
to each approved consignee, and advise them to
attach the copy of the validated form to their
validated Form BIS-752.
(2) Change in consignee name or address.
You must submit to BIS Form BIS-752,
Statement by Consignee in Support of Special
Comprehensive License, when requesting a
change in consignee name, or if the consignee
moves out of the country. The consignee must
complete Block 3, mark “change an existing
consignee” and provide the new consignee
information in Block 4. In Block 9, explain
change of address from “Address A” to “Address
B”. Also, complete Block 10 and the SCL holder
signature Block information.
(3) Addition of new consignees. You must
submit to BIS Form BIS-752 for requests to add
consignees to an SCL. Complete Form BIS-752 in
accordance with the instruction in Supplement
Export Administration Regulations

Part 752-page 10

No. 3 to this part, marking “add a new consignee”
in Block 3. Use Block 9 to describe the proposed
consignee's role in the activities authorized by the
SCL. Form BIS-752 is not required if the
proposed new consignee is a foreign government
agency and the items will not be reexported. If
Form BIS-752 is not required, the SCL holder
may submit the request to add the foreign
government agency to the SCL on company
letterhead. You must include the proposed
consignee's complete street address.
(4) Change in reexport territories. You must
submit to BIS Form BIS-752 and Form BIS-752A to add a country to a consignee's approved
reexport territory. Upon approval of change in
reexport territory, BIS will return to the SCL
holder two validated copies of Form BIS-752 and
Form BIS-752-A, Reexport Territories, along
with any special conditions that may have been
imposed.
(i) Form BIS-752. Complete Block 3 by
marking “change an existing consignee”. In
Block 4, enter the consignee name and consignee
number. In Block 5, enter the SCL number. In
Block 9, enter “to add a country to the reexport
territory”. Complete Block 10 and the SCL
holder signature block information.
(ii) Form BIS-752-A. Complete Blocks 2 and
3. Mark each country that you are adding to your
reexport territory.
(5) Adding items to your SCL. The following
procedures apply to requests to add items to your
SCL. Upon approval, BIS will send you a
validated Form BIS-748P and, if applicable, Form
BIS-748P-A. The SCL holder must send a copy
of each validated form to all applicable
consignees and attach a copy to their Form BIS752.
(i) Adding one item. You must submit to BIS
Form BIS-748P to request the addition of a single
item to your SCL. Complete Blocks 1, 2, 3, and
November 18, 2008

Special Comprehensive License

4. Mark and “x” in the “Special Comprehensive
License” box in Block 5, and “other” in Block 8.
Include your SCL number in Block 9. In Block
24, enter “add ECCN”. Complete items (a) and
(j) in Block 22 and in Block 25.
(ii) More than one item. You must submit to
BIS Form BIS-748P and Form BIS-748P-A to
request to add more than one item to your SCL.
Complete Form BIS-748P according to the
instructions in paragraph (b)(5)(i) of this section.
In Block 24, insert the phrase “add ECCNs on
attached Form BIS-748P-A. Complete Block 1
on Form BIS-748P-A by including the
“Application Control Number” (found on Form
BIS-748P). Complete Block 21 and 24, if needed,
to describe any special circumstances (i.e., the
new item will only be exported to specific
consignees and will not be reexported).
(6) Changes to end-users. You must submit to
BIS Form BIS-752 and Form BIS-748P-B to add
or change end-users to consignee authorizations.
When you request multiple “types of requests”
(i.e., additions or changes) on a single Form BIS752; you must specify in Block 9, the type of
request for each end-user. Example: end-user
XXX is to be “added” and end-user AAA is to be
“changed” from “end-user AAA” to “end-user
ABA”.
(i) Form BIS-752. On Form BIS-752, complete
Block 3.B, “change an existing consignee”.
Include the consignee number in Block 4. Include
the SCL number in Block 5. In Block 9 insert the
phrase “to add an end-user” or the phrase “to
change an end-user". Complete Block 10 and
include the SCL holder signature block
information.
(ii) Form BIS-748P-B. On Form BIS-748-B,
complete Blocks 1 and 19. In Block 21, cite the
end-user requirement or condition (i.e., end-user
XXX is requested in compliance with
§752.5(c)(8)(ii) of this part, which requires prior
authorization to reexport chemicals under the
Export Administration Regulations

Part 752-page 11

SCL). Also, list the items (by ECCN and by
description) that each end-user will receive and
for what purpose, if approved by BIS.
(c) Changes that do not require prior
approval from BIS
The following changes regarding your SCL do
not require prior approval from BIS, however,
such changes must be submitted on the
appropriate forms no later than 30 days after the
change has occurred. BIS will validate the forms,
and return one copy to you for your records.
(1) Change of SCL holder address, export
contact information, or total value of license.
You must submit to BIS Form BIS-748P,
Multipurpose Application, for any change in the
SCL holder's address, export contact information,
or total value of the license. Complete Blocks 1,
2, 3, and 4. Mark “Special Comprehensive
License” in Block 5, and “other” in Block 8. In
Block 9, include your SCL number. Briefly
indicate the purpose of the change in Block 24.
Enter the new information in the relevant Blocks.
Complete Block 25. The SCL holder must send a
copy of the validated Form BIS-748P to each
approved consignee, and advise each approved
consignee to attach the copy of the validated form
to their validated Form BIS-752.
(2) Deletion of consignees. You must submit to
BIS Form BIS-752 if you remove a consignee
from your SCL. Complete Block 3.C. Indicate
your consignee number in Block 4 and your SCL
case number in Block 5. Explain the reason for
the action in Block 9. Complete Block 10 and the
SCL holder signature information. You must
notify all remaining consignees if any consignee
is no longer eligible to receive items under the
SCL.

November 18, 2008

Special Comprehensive License

(3) Changes in ownership or control of the
SCL holder or consignee.
(i) SCL holder. You must notify BIS of
changes in ownership or control by submitting to
BIS Form BIS-748P. Complete Blocks 1, 2, 3
and 4, mark “Special Comprehensive License” in
Block 5. Mark and “x” in “other” in Block 8 and
indicate the SCL number in Block 9. Include the
SCL holder information number in Block 14, and
describe the change in Block 24, indicating the
circumstances necessitating the change (i.e.,
mergers), and changes in persons who have
official signing authority. Also complete Block
25.
(ii) Consignee. You must notify BIS of
changes in ownership or control of the consignee
company by submitting to BIS Form BIS-752.
Complete Block 1. Mark and “x” in “change an
existing consignee” in Block 3.B, and complete
Blocks 4 and 5. In Block 9, describe the change,
indicating the circumstances necessitating the
change (i.e., mergers), and changes in persons
who have official signing authority. Complete
Block 10 and the SCL holder signature block
information.
(iii) Transfers and SCLs after control changes.
Note that under section 750.10(a) of the EAR you
may not transfer a license—including a Special
Comprehensive License—except with the prior
written approval of BIS. In addition, BIS reserves
the right to modify, revoke, or suspend an SCL in
the event of a change in control of the previously
approved SCL holder or consignee(s). In
reviewing requests to transfer an SCL or
consignee authority under an SCL and in
reviewing changes in control of an SCL holder or
approved consignee, BIS will consider the
reliability of the new parties.
(4) Remove reexport territories. If you remove
a country from a consignee's approved reexport
territory, you must submit to BIS Form BIS-752
and Form BIS-752-A. You cannot add and delete
Export Administration Regulations

Part 752-page 12

countries on the same forms. Upon review of the
change in reexport territory, BIS will return to the
SCL holder two validated copies of Form BIS752 and Form BIS-752-A.
(i) Form BIS-752.
Complete Block 1.
Complete Block 3 by marking “change an
existing consignee”. In Block 4, enter the
consignee name and consignee number. In Block
5, enter the SCL number. Complete Block 10 and
the SCL holder signature block information.
(ii) Form BIS-752-A. Complete Blocks 1, 2,
3, and 5. Mark each country that you are
removing from the reexport territory with an “x”.
Mark an “x” in “Other Specify” and insert
“delete”.
(5) Remove items from your SCL. The
following procedures apply if you remove an item
from your SCL. After review of the change by
BIS, BIS will send you a validated Form BIS748P and Form BIS-748P-A, if applicable. The
SCL holder must send a copy of each validated
form to all applicable consignees and attach a
copy to their BIS-752.
(i) Removing one item. You must submit to BIS
Form BIS-748P if you remove a single item from
your SCL. Complete Blocks 1, 2, 3 and 5. Mark
“Special Comprehensive License” in Block 5 and
mark “other” in Block 8. Include your SCL
number in Block 9. State “delete ECCN” in
Block 24. Complete items (a) and (j) in Block 22
and Block 25.
(ii) Removing more than one item. You must
submit to BIS Form BIS-748P and Form BIS
748P-A if you remove more than one item from
your SCL. Complete Form BIS-748P according
to the instructions in paragraph (a)(5)(i) of this
section, except in Block 24, state “delete ECCNs
on attached BIS-748P-A”. Complete Form BIS
748P-A by including the “application control
number” (found on Form BIS-748P) in Block 1.
Complete items (a) and (j) in Block 22 for each
November 18, 2008

Special Comprehensive License

item you are removing from you SCL.
(6) Remove end-users from your SCL. You
must submit to BIS Form BIS-752 if you remove
end-users from consignee authorizations. (Use
Form BIS-748P-B, if additional space is needed.)
After review by BIS, BIS will return to the SCL
holder two validated copies of Form BIS-752 and
Form BIS-748P-B, which will include any special
instructions that may be necessary. You must
send one copy of Forms BIS-752 and BIS-748P to
the relevant consignee.
(i) Form BIS-752. On Form BIS-752, complete
Block 1 and 3.B, “change an existing consignee”.
Include the consignee number in Block 4. Include
the SCL case number in Block 5. In Block 9,
include the phrase “to remove an end-user(s)”
followed by the name/address information.
Complete Block 10 and the SCL holder signature
Block information.
(ii) Form BIS-748P-B. If there was not enough
space on Form BIS-752, Block 9, you may
continue the information on Form BIS-748P-B, in
Block 24. Complete the information in Block 1.
Do not complete Block 19. Block 19 is only used
to add end-users.
(d) Changes made by BIS
If BIS revises or adds an ECCN to the CCL, or a
country's eligibility already covered by the SCL
changes, BIS will publish the change in the
Federal Register. The SCL holder is responsible
for immediately complying with any changes to
the scope of the SCL.

Part 752-page 13

Programs (ICPs) that the SCL holder and the
consignee assure that exports and reexports are
not made contrary to the EAR. The elements of
your ICP will reflect the complexity of the
activities authorized under the SCL, the countries
and items involved, and the relationship between
the SCL holder and the approved consignees.
(2) General requirements. Prior to making any
exports and reexports under an SCL, you and
your consignees, when required, must implement
an ICP that is designed to ensure compliance with
the SCL and the EAR. This section provides an
overview of the elements that comprise an ICP.
You may obtain from BIS at the address found in
§752.17 of this part guidelines to assist you in
developing an adequate ICP. You must submit
with your application for an SCL a copy of your
proposed ICP, along with any consignee ICPs,
when required, incorporating the elements
described in this section, as appropriate. BIS may
require you to modify your ICP depending upon
the activities, items, and destinations requested on
your application for an SCL.
(b) Requirements
You may not make any shipments under an SCL
until you and your consignees, when appropriate,
implement all the elements of the required ICP. If
there are elements that you consider inapplicable,
you must explain the reasons for this
determination at the time of application for an
SCL. Existence of a properly constructed ICP
will not relieve the SCL holder of liability for
improper use or failure to comply with the
requirements of the EAR.
(c) Elements of an ICP

§752.11
INTERNAL CONTROL PROGRAMS
(a) Scope
(1) Introduction. It is through Internal Control
Export Administration Regulations

Following is a list of ICP elements. The specific
elements that should be included in your ICP
depend upon the complexity of the activities
authorized under your SCL, the countries and
items involved, and the relationship between the
SCL holder and the approved consignees.
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Special Comprehensive License

(1) A clear statement of corporate policy
communicated to all levels of the firm involved in
exports and reexports, traffic, and related
functions, emphasizing the importance of SCL
compliance;
(2) Identification of positions (and maintenance
of current list of individuals occupying the
positions) in the SCL holder firm and consignee
firms responsible for compliance with the
requirements of the SCL procedure;
(3) A system for timely distribution to consignees
and verification of receipt by consignees of
regulatory materials necessary to ensure
compliance with the EAR;
(4) A system for screening transactions to
prevent violations of orders denying export
privileges under the EAR;
(5) A system for assuring compliance with items
and destination restrictions, including controls
over reexports by consignees and direct exports to
consignee customers;
(6) A compliance review program covering the
SCL holder and extending to all consignees;
(7) A system for assuring compliance with
controls on exports and reexports of nuclear items
and to nuclear end-uses described in §§ 742.3 and
744.2 of the EAR;
(8) An on-going program for informing and
educating employees responsible for processing
transactions involving items received under the
SCL about applicable regulations, limits, and
restrictions of the SCL;

Part 752-page 14

(11) A system for monitoring in-transit shipments
and shipments to bonded warehouses and free
trade zones;
(12) A system for notifying BIS promptly if the
SCL holder knows that a consignee is not in
compliance with terms of the SCL;
(13) A system to screen against customers who
are known to have, or are suspected of having,
unauthorized dealings with specially designated
regions and countries for which nonproliferation
controls apply;
(i) The signs of potential diversion that you
should take into consideration include, but are not
limited to, the following:
(A) The customer or purchasing agent is
reluctant to offer information about the end-use
(or end-user) of a product.
(B) The product’s capabilities do not fit the
buyer's line of business; for example, a small
bakery places an order for several sophisticated
lasers.
(C) The product ordered is incompatible with
the technical level of the country to which the
product is being shipped.
For example,
semiconductor manufacturing equipment would
be of little use in a country without an electronics
industry.
(D) The customer has little or no business
background. For example, financial information
unavailable from normal commercial sources and
corporate principals unknown by trade sources.

(9) A program for recordkeeping as required by
the EAR;

(E) The customer is willing to pay cash for a
very expensive item when the terms of the sale
call for financing.

(10) An order processing system that documents
employee clearance of transactions in accordance
with applicable elements of the company ICP;

(F) The customer is unfamiliar with the
product's performance characteristics but still
wants the product.

Export Administration Regulations

November 18, 2008

Special Comprehensive License

Part 752-page 15

(G) Routine installation, training or
maintenance services are declined by the
customer.

controls over exports and reexports for missilerelated end-uses and end-users described in
§744.3 of the EAR; and

(H) Delivery dates are vague, or deliveries
are planned for out-of-the-way destinations.
(I) A freight forwarding firm is listed as the
product’s final destination.

(15) A system for assuring compliance with
control over exports and reexports of chemical
precursors and biological agents and related items
and end-uses described in §§ 742.2 and 744.4 of
the EAR.

(J) The shipping route is abnormal for the
product and destination.

§752.12

(K) Packaging is inconsistent with the stated
method of shipment or destination.

RECORDKEEPING REQUIREMENTS
(a) SCL holder and consignees

(L) When questioned, the buyer is evasive or
unclear about whether the purchased product is
for domestic use, export, or reexport.
(M) Customer uses only a “P.O. Box”
address or has facilities that appear inappropriate
for the items ordered.
(N) Customer's order is for parts known to be
inappropriate, or for which the customer appears
to have no legitimate need (e.g., there is no
indication of prior authorized shipment of system
for which the parts are sought).
(O) Customer is known to have, or is
suspected of having unauthorized dealings with
parties and/or destinations in ineligible countries.
(ii) When any of the above characteristics have
been identified, but through follow-up inquiries
or investigation have not been satisfactorily
resolved, the consignee should not transact any
business with the customer under the SCL. Apply
for a license according to part 748 of the EAR.
You should explain the basis for the concern
regarding the proposed customer, and state that
you are an SCL consignee. Also, cite the SCL
number, and your consignee number;
(14)

A system for assuring compliance with

Export Administration Regulations

In addition to the recordkeeping requirements of
part 762 of the EAR, the SCL holder and each
consignee must maintain copies of manuals,
guidelines, policy statements, internal audit
procedures, reports, and other documents making
up the ICP of each party included under an SCL
and all regulatory materials necessary to ensure
compliance with the SCL, such as relevant
changes to the EAR, product classification,
additions, deletions, or other administrative
changes to the SCL, transmittal letters and
consignee's confirmations of receipt of these
materials. Each SCL holder and each consignee
must maintain a record of its procedures for
screening transactions to prevent violations of
orders denying export privileges.
(b) SCL holder
The SCL holder is responsible for complying with
the special reporting requirements for exports of
certain commodities, software and technology
under the Wassenaar Arrangement as described in
§743.1 of the EAR.
(c) Consignees
All consignees must retain all records of the types
of activities identified in §752.2(a)(3) of this part.
November 18, 2008

Special Comprehensive License

Part 752-page 16

Records on such sales or reexports must include
the following:

EAR or to the administrative actions described in
part 766 of the EAR.

(1) Full name and address of individual or firm to
whom sale or reexport was made;

§752.14

(2) Full description of each item sold or
reexported;

SYSTEM REVIEWS
(a) Post-license system reviews

(3) Units of quantity and value of each item sold
or reexported; and
(4) Date of sale or reexport.

§752.13
INSPECTION OF RECORDS
(a) Availability of records
You and all consignees must make available all of
the records required by §752.12 of this part and
§762.2 of the EAR for inspection, upon request,
by BIS or by any other representative of the U.S.
Government, in accordance with part 762 of the
EAR.
(b) Relationship of foreign laws
Foreign law may prohibit inspection of records by
a U.S. Government representative in the foreign
country where the records are located. In that
event, the consignee must submit with the
required copies of Form BIS-752 an alternative
arrangement for BIS to review consignee
activities and determine whether or not the
consignee has complied with U.S. export control
laws and regulations, which must be approved by
BIS.
(c) Failure to comply
Parties failing to comply with requests to inspect
documents may be subject to orders denying
export privileges described in part 764 of the
Export Administration Regulations

BIS may conduct system reviews of the SCL
holder as well as any consignee. Generally, BIS
will give reasonable notice to SCL holders and
consignees in advance of a system review. The
review will involve interviews with company
officials, the inspection of records, and the review
of ICPs. BIS may conduct special unannounced
system reviews if BIS has reason to believe an
SCL holder or consignee has improperly used or
has failed to comply with the SCL.
(b) Other reviews
BIS may require an SCL holder or consignee to
submit to its office a list of all sales made under
the SCL during a specified time-frame. Also, BIS
may request from any consignee a list of
transactions during a specified period involving
direct shipments of items received under SCLs to
customers of other consignees and sales to
customers in reexport territories authorized by
BIS on the consignee's validated Form BIS-752.

§752.15
EXPORT CLEARANCE
(a) Shipper’s Export Declaration (SED) or
Automated Export System record
The SED or AES record covering an export made
under an SCL must be prepared in accordance
with requirements of the Foreign Trade Statistics
Regulations (15 CFR part 30) and §758.1 of the
EAR.
November 18, 2008

Special Comprehensive License

(1) Item descriptions. Item descriptions on the
SED or AES record must indicate specifically the
ECCN and item description conforming to the
applicable CCL description and incorporating any
additional information where required by
Schedule B (e.g., type, size, name of specific
item, etc.).
(2) Value of shipments. There is no value
limitation on shipments under the SCL; however,
you must indicate the value of each shipment on
the SED or AES record.
(3) SCL number. The SED or AES record must
include the SCL number followed by a blank
space, and then the consignee number identifying
the SCL's approved consignee to whom the
shipment is authorized.
(b) Destination control statement
The SCL holder and consignees must enter a
destination control statement on all copies of the
bill of lading or air way-bill, and the commercial
invoice covering exports under the SCL, in
accordance with the provisions of §758.6 of the
EAR. Use of a destination control statement does
not preclude the consignee from reexporting to
any of the SCL holder's other approved
consignees or to other countries for which
specific prior approval has been received from
BIS. In such instances, reexport is not contrary to
U.S. law and, therefore, is not prohibited.
Another destination control statement may be
required or approved by BIS on a case-by-case
basis.

Part 752-page 17

adequate, BIS may, in addition to any
enforcement action pursuant to part 764 of the
EAR, take any licensing action it deems
appropriate, including the following:
(i) Suspend the privileges under the SCL in
whole or in part, or impose other restrictions;
(ii) Revoke the SCL in whole or in part;
(iii) Prohibit consignees from receiving items
authorized under the SCL, or otherwise restrict
their activities under the SCL;
(iv) Restrict items that may be shipped under
the SCL;
!(v) Require that certain exports, reexports, or
transfers (in-country) be individually authorized
by BIS;
(vi) Restrict parties to whom consignees may
sell under the SCL; and
(vii) Require that a SCL holder provide an
audit report to BIS of selected consignees or
overseas operations.
(2) Whenever necessary to protect the national
interest of the U.S., BIS may take any licensing
action it deems appropriate, without regard to
contracts or agreements entered into before such
administrative action, including those described
in paragraphs (a)(1)(i) through (vii) of this
section.
(b) Appeals

§752.16
ADMINISTRATIVE ACTIONS

Actions taken pursuant to paragraph (a) of this
section may be appealed under the provisions of
part 756 of the EAR.

(a) (1) If BIS is not satisfied that you or other
parties to the SCL are complying with all
conditions and requirements of the SCL, or that
ICPs employed by parties to such licenses are not
Export Administration Regulations

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Special Comprehensive License

§752.17
BIS ADDRESS
You should use the following address when
submitting to BIS applications, reports,
documentation, or other requests required in this
part 752, via courier:

Part 752-page 18

14th and Pennsylvania Ave., NW.
Room 2705
Washington, DC 20230
“Attn: Special Licensing and Compliance
Division”
You may also reach the Special Licensing and
Compliance Division by phone at (202) 482-0062
or by fax at (202) 501-6750.

Bureau of Industry and Security,
U.S. Department of Commerce,

Export Administration Regulations

November 18, 2008

Special Comprehensive License

Supplement No. 1 to Part 752

INSTRUCTIONS FOR COMPLETING FORM BIS-748P,
“MULTIPURPOSE APPLICATION”
FOR REQUESTS FOR SPECIAL COMPREHENSIVE LICENSES
All information must be legibly typed within the
lines for each Block or box, except where a
signature is required. Where there is a choice of
entering a telephone or telefacsimile number, and
you chose a telefacsimile number, identify the
number with the letter “F” immediately following
the number.
Complete Blocks 1, 2, 3, and 4 according to the
instructions in Supplement No. 1 to part 748 of
the EAR.
Block 5: Type of Application. Enter an “x” in
the Special Comprehensive License box.
Block 6: Documents Submitted with
Application. Enter an “x” in the appropriate
boxes to indicate which forms are attached.
Block 7: Documents on File with Applicant.
Leave blank.
Block 8: Special Comprehensive License.
Complete by entering an “x” in the appropriate
boxes to indicate which forms are attached.

Block 13: Import/End-User Certificate. Leave
blank.
Block 14: Applicant. Complete according to the
instructions in Supplement No. 1 to part 748 of
the EAR.
Block 15: Other Party Authorized to Receive
License. Complete, if applicable, according to
the instructions in Supplement No. 1 to part 748
of the EAR.
Block 16: Purchaser. Leave blank.
Block 17:
blank.

Intermediate Consignee.

Leave

Block 18: Ultimate Consignee. Leave blank.
Block 19: End-User. Leave blank.
Block 20: Original Ultimate Consignee. Leave
blank.
Block 21: Specific End-Use. Leave blank.

Block 9: Special Purpose. This block should
only be completed when requesting changes to an
approved SCL.

Block 22: For one item, complete sub-blocks (a)
through (j). For multiple items, complete Form
BIS 748P-A.

Block 10: Resubmission Application Control
Number. Leave blank.

Block 23: Total Application Dollar Value.
Enter the projected total dollar value of all
transactions you anticipate making throughout the
entire validity period of the SCL.

Block 11: Replacement License Number. This
Block should be completed by previous special
license holders. If you have had a special license
in the past, enter that license number (i.e., V #, SS
#, DL #, or SF #). A new SCL number will be
assigned upon approval of your SCL application.
Block 12: Items Previously Exported. Leave
blank.

Export Administration Regulations

Block 24: Additional Information. Enter
additional data pertinent to the transaction.
Block 25: Signature. Complete according to the
instructions in Supplement No. 1 to part 748 of
the EAR.

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Special Comprehensive License

Supplement No. 2 to Part 752–page 1

INSTRUCTIONS FOR COMPLETING
FORM BIS-748P-A, “ITEM ANNEX”
All information must be legibly typed within the
lines for each block or box.
Block 1: Application Control No. Enter the
application control number found on Form BIS748P.
Block 2: Subtotal. Leave blank.
Block 21: Continuation of Specific End-Use
Information. Complete as necessary to fully
describe the transaction(s).
Block 22:
(a)
ECCN.
Enter the Export Control
Classification Number that corresponds to the
item you wish to export or reexport under the
SCL.
(b) CTP. You must enter the “Adjusted Peak
Performance” (“APP”) in this block if you intend

Export Administration Regulations

to export or reexport a computer or equipment
that contains a computer.
Instructions on
calculating the APP are contained in a Technical
Note at the end of Category 4 in the CCL.
(c) - (i): Leave blank.
(j) Manufacturer's Description. Enter a
detailed description of the item proposed for
export or reexport.
Brochures or product
literature may be supplied at the option of the
applicant. However, such information may
expedite review and processing of your
application.
Block 24:
Continuation of Additional
Information. Enter any identifying information
that defines the scope of items you are requesting
to export or reexport under the SCL. For
example, “4A004 except items controlled for MT
reasons”.

November 18, 2008

Special Comprehensive License

Supplement No. 3 to Part 752–page 1

INSTRUCTIONS ON COMPLETING FORM BIS-752
“STATEMENT BY CONSIGNEE IN SUPPORT OF
SPECIAL COMPREHENSIVE LICENSE”
All information must be legibly typed within the
lines for each Block or Box, except where a
signature is required.
Block 1: Application Control No. Enter the
“Control No.” that is pre-printed on Form BIS748P, Multipurpose Application. You may obtain
this information from the applicant.
Block 2: Consignee ID Number. Leave blank.
Block 3:
Type of Request.
applications, leave blank.

Block 7: Consignee's Business and
Relationship.
(i) Item (a): Identify the nature of your
company's principal business as it affects the
disposition of items to be imported and
reexported under this license by including the
appropriate letter choice(s) from the following:
(a) manufacturer, (b) distributor, (c) assembler,
(d) sales agent, (e) warehouse, (f) service facility,
or (g) other. For other, provide an explanation in
Block 9.

For new

Block 4: Consignee Information. Enter the
complete address where the consignee is located.
A Post Office (P.O.) Box alone is NOT
acceptable, but may be included in Block 4 for
mailing purposes, along with a complete address.
If records required by §752.12 of this part and
part 762 of the EAR are maintained/stored at a
separate address, indicate the address in Block 9.
In the absence of a complete address, Form BIS752 will be returned without action.

(ii) Item (b): Indicate the relationship between
your company and the applicant's company by
providing the appropriate letter choice(s) from the
following: (a) wholly-owned subsidiary, (b)
independent company, (c) joint venture company,
( d ) c o n t r o l l e d - i n -f a c t a ff i l i a t e , ( e )
contractor/subcontractor, or (f) other. For other,
provide an explanation in Block 9.
(iii) Item (c): Enter the number of years of
relationship between your company and the
applicant company.

Block 5: Exporter Information. Enter the
complete address of the exporter. Leave the SCL
Case No. box blank for new applications and
enter the SCL Case No. for “change” actions.

(iv) Item (d): Enter the estimated dollar
volume of sales or other transactions with the
SCL holder during the last twelve month period
before submission of the application for an SCL.

Block 6: Description of Items. Provide a
summary description of the items proposed for
import and reexport under the SCL. Firms that
will not receive the entire range of items under a
particular ECCN identified on Form BIS-748P-A
should describe only the items they will receive
under the SCL. In some instances, consignee
approval will be contingent on the nature of the
item requested.

(v) Item (e): Enter an estimated dollar volume
proposed under this application for the validity
period of the SCL.

Export Administration Regulations

Block 8: Disposition or Use of Items.
(i) Item (a): Complete this Block if your
company is requesting involvement in end-user
activities that involve importing items for the
company's own use (e.g., as capital equipment).

November 18, 2008

Special Comprehensive License

Supplement No. 3 to Part 752–page 2

(ii) Item (b): Complete this Block if your
company is requesting involvement in end-user
activities that incorporates items received under
the SCL into a new end-product that results in a
change of identity of the U.S.-item (e.g., U.S.origin semiconductor devices are included in a
foreign-origin test instrument). Under Block 9,
Additional Information, describe the new endproduct more specifically and state how and to
what extent the U.S.-origin items will be used.
Complete and attach Form BIS-752-A, Reexport
Territories.

users that require prior approval by BIS,
complete and attach Form BIS-748P-B, End-User
Appendix.

(iii) Item (c): Complete this Block if your
company is requesting authorization to reexport
items for service and/or repair. Complete and
attach Form BIS-752-A. If you plan to reexport to
end-users that require prior approval by BIS, also
complete and attach Form BIS-748P-B, End-User
Appendix.

Block 9: Additional Information. In addition to
any information that supports other Blocks,
indicate whether your company is an active
consignee under any other license issued by BIS.
Indicate the license and consignee numbers.

!(iv) Item (d): Complete this Block if your
company plans to transfer or resell within the
country of import. State the end-use of your
customers. If you plan to transfer to end-users
that require prior approval by BIS, complete and
attach Form BIS-748P-B, End-User Appendix.
(v) Item (e): Complete this Block if your
company plans to reexport. Complete and attach
Form BIS-752-A. If you plan to reexport to end-

Export Administration Regulations

(vi) Item (f): This item should be completed for
“other” activities that are not defined in Blocks 8
paragraphs (a) through (e).
Describe the
proposed activities fully in Block 9 or in a letter
submitted with this Form, and complete and
submit Form BIS-752-A, indicating the countries
to which the products derived from these
activities will be export.

Block 10: Signature of Official of Ultimate
Consignee. Include an original signature. The
authority to sign Form BIS-752 may not be
delegated to any person whose authority to sign is
not inherent in his/her official position with the
company. The signing official must include their
official title with their signature. All copies must
be co-signed by the applicant in the SCL holder
signature block and submitted with the
application to BIS.

November 18, 2008

Special Comprehensive License

Supplement No. 4 of Part 752

INSTRUCTIONS FOR COMPLETING FORM BIS-752-A,
“REEXPORT TERRITORIES”
All information must be legibly typed within the
lines for each Block or Box.
Block 1: Application Control No. Insert the
application control No. from the relevant Form
BIS-748P.
Block 2: SCL License No. Leave blank for new
SCL applications. For changes to existing SCLs,
include the original SCL number.

SCL applications. For changes to existing SCLs,
include the consignee number that was provided
on the original license.
Block 4: Continuation of BIS-752 Question
No. Mark an “x” in the box next to each country
you wish to select. See §752.4 of this part for
countries that are not eligible for the SCL. You
may request a country that is not included on
Form BIS-752-A by marking an “x” in the “other”
box and including the country name.

Block 3: Consignee No. Leave blank for new

Export Administration Regulations

November 18, 2008

Special Comprehensive License

Supplement No. 5 of Part 752

INSTRUCTIONS FOR COMPLETING FORM BIS-748P-B,
“END-USER APPENDIX”
All information must be legibly typed within the
lines for each Block or Box.
Block 1: Application Control No. Insert the
application control No. from the relevant Form
BIS-748P.
Block 19: End-user. Enter each end-user's
complete name, street address, city, country,
postal code and telephone or facsimile number.
Post Office (P.O.) Boxes are not acceptable.

Export Administration Regulations

Block 21: Continuation of Specific End-Use
Information. Include any additional information
that may help BIS in reviewing and making a
determination on your application, such as the
special safeguards that will be implemented to
prevent diversion.
Block 24: Continuation of Additional
Information. Enter additional data pertinent to
the transaction as required by part 752. Enter the
consignee name and complete address of the
consignee responsible for the end-user(s) (i.e.,
recordkeeping and ICP screening, etc.).

November 18, 2008