License Exceptions

Supplement No. 1 to Part 740-page 3

Country Group B

Countries

Afghanistan

Albania

Algeria

Andorra

Angola

Antigua and Barbuda

Argentina

Aruba

Australia

Austria

The Bahamas

Bahrain

Bangladesh

Barbados

Belgium

Belize

Benin

Bhutan

Bolivia

Bosnia & Herzegovina

Botswana

Brazil

Brunei

Bulgaria

Burkina Faso

Burundi

Cameroon

Canada

Cape Verde

Central African Republic

Chad

Chile

Colombia

Comoros

Congo (Democratic Republic of the)

Congo (Republic of the)

Costa Rica

Cote d'Ivoire

Croatia

Curaçao

Cyprus

Czech Republic

Denmark

Djibouti

Dominica

Dominican Republic

Ecuador

Egypt

El Salvador

Equatorial Guinea

Eritrea

Estonia

Ethiopia

Fiji

Finland

France

Gabon

Gambia, The

Germany

Ghana

Greece

Grenada

Guatemala

Guinea

Guinea-Bissau

Guyana

Haiti

Honduras

Hong Kong

Hungary

Iceland

India

Indonesia

Ireland

Israel

Italy

Jamaica

Japan

Jordan

Kenya

Kiribati

Korea, South

Kosovo

Kuwait

Latvia

Lebanon

Lesotho

Liberia

Liechtenstein

Lithuania

Luxembourg

Macedonia, The Former Yugoslav Republic of

Madagascar

Malawi

Malaysia

Maldives

Mali

Malta

Marshall Islands

Mauritania

Mauritius

Mexico

Micronesia, Federated States of

Monaco

Montenegro

Morocco

Mozambique

Namibia

Nauru

Nepal

Netherlands

New Zealand

Nicaragua

Niger

Nigeria

Norway

Oman

Pakistan

Palau

Panama

Papua New Guinea

Paraguay

Peru

Philippines

Poland

Portugal

Qatar

Romania

Rwanda

Saint Kitts & Nevis

Saint Lucia

Saint Vincent and the Grenadines

Samoa

San Marino

Sao Tome & Principe

Saudi Arabia

Senegal

Serbia

Seychelles

Sierra Leone

Singapore

Sint Maarten (the Dutch two-fifths of the island of Saint Martin)

Slovakia

Slovenia

Solomon Islands

Somalia

South Africa

South Sudan, (Republic of)

Spain

Sri Lanka

Surinam

Swaziland

Sweden

Switzerland

Taiwan

Tanzania

Thailand

Timor-Leste

Togo

Tonga

Trinidad & Tobago

Tunisia

Turkey

Tuvalu

Uganda

United Arab

Emirates

United Kingdom

United States

Uruguay

Vanuatu

Vatican City

Venezuela

Western Sahara

Yemen

Zambia

Zimbabwe

Export Administration Regulations

Bureau of Industry and Security

September 6, 2011

When the items are purchased or obtained for export, it is the exporter (U.S. principal party in interest) and must be listed as the U.S. principal party in interest on the SED or AES record (see §30.4(a)(1)).

Note to paragraph (a)(1): The EAR defines the “exporter” as the person in the United States who has the authority of a principal party in interest to determine and control the sending of items out of the United States (see 15 CFR Part 772 of the EAR). For statistical purposes the Foreign Trade Statistics Regulations (FTSR) have a different definition of “exporter” from the Export Administration Regulations (EAR). Under the FTSR the “exporter” will always be the U.S. principal party in interest. For purposes of licensing responsibility under the EAR, the U.S. agent of the foreign principal party in interest may be the “exporter” or applicant on the license, in certain routed export transactions (see 15 CFR §758.3).

(2) Forwarding or other agent. The forwarding or other agent is that person in the United States who is authorized by a principal party in interest to perform the services required to facilitate the export of items from the United States. The forwarding or other agent must be authorized by the exporter (U.S. principal party in interest) or, in the case of a routed export transaction, the foreign principal party in interest to prepare and file the SED or the AES record. In a routed export transaction, the forwarding or other agent can be the exporter for export control purposes under the EAR. However, the forwarding or other agent is never the “U.S. principal party in interest” in the U.S. principal party in interest block on the paper SED or in the “U.S. principal party in interest” field of the AES record unless the forwarding or other agent acts as an “order party.” (See paragraph (a)(1)(iii) for definition of order party)

(3) Principal parties in interest. Those persons in a transaction that receive the primary benefit, monetary or otherwise, of the transaction. Generally, the principals in a transaction are the seller and the buyer. In most cases, a forwarding or other agent is not a principal party in interest.

(b) Responsibilities of parties in export transactions

(1) Exporter (U.S. principal party in interest) responsibilities.

(i) The exporter (U.S. principal party in interest) can prepare and file the SED or AES record itself, or it can authorize a forwarding or other agent to prepare and file the SED or AES record on its behalf. If the exporter (U.S. principal party in interest) prepares the SED or AES record itself, the exporter (U.S. principal party in interest) is responsible for the accuracy of all the export information reported on the SED or AES record, for signing the paper SED, filing the paper SED with U.S. Customs, or transmitting the AES record to U.S. Customs.

(ii) When the exporter (U.S. principal party in interest) authorizes a forwarding or other agent to complete the SED or AES record on its behalf, the exporter (U.S. principal party in interest) is responsible for:

(A) Providing the forwarding or other agent with the export information necessary to complete the SED or AES record;

(B) Providing the forwarding or other agent with a power of attorney or written authorization to complete the SED or AES record, or signing the authorization block printed on the paper SED (block 23 on Commerce Form 7525-V and block 29 on Commerce Form 7525-V-ALT); and

(C) Maintaining documentation to support the information provided to the forwarding or other agent for completion of the SED or AES record, as specified in § 30.11.

(2) Forwarding or other agent responsibilities. The forwarding or other agent, when authorized by an exporter (U.S. principal party in interest) to

When the items are purchased or obtained for export, it is the exporter (U.S. principal party in interest) and must be listed as the U.S. principal party in interest on the SED or AES record (see §30.4(a)(1)).

Note to paragraph (a)(1): The EAR defines the “exporter” as the person in the United States who has the authority of a principal party in interest to determine and control the sending of items out of the United States (see 15 CFR Part 772 of the EAR). For statistical purposes the Foreign Trade Statistics Regulations (FTSR) have a different definition of “exporter” from the Export Administration Regulations (EAR). Under the FTSR the “exporter” will always be the U.S. principal party in interest. For purposes of licensing responsibility under the EAR, the U.S. agent of the foreign principal party in interest may be the “exporter” or applicant on the license, in certain routed export transactions (see 15 CFR §758.3).

(2) Forwarding or other agent. The forwarding or other agent is that person in the United States who is authorized by a principal party in interest to perform the services required to facilitate the export of items from the United States. The forwarding or other agent must be authorized by the exporter (U.S. principal party in interest) or, in the case of a routed export transaction, the foreign principal party in interest to prepare and file the SED or the AES record. In a routed export transaction, the forwarding or other agent can be the exporter for export control purposes under the EAR. However, the forwarding or other agent is never the “U.S. principal party in interest” in the U.S. principal party in interest block on the paper SED or in the “U.S. principal party in interest” field of the AES record unless the forwarding or other agent acts as an “order party.” (See paragraph (a)(1)(iii) for definition of order party)

(3) Principal parties in interest. Those persons in a transaction that receive the primary benefit, monetary or otherwise, of the transaction. Generally, the principals in a transaction are the seller and the buyer. In most cases, a forwarding or other agent is not a principal party in interest.

(b) Responsibilities of parties in export transactions

(1) Exporter (U.S. principal party in interest) responsibilities.

(i) The exporter (U.S. principal party in interest) can prepare and file the SED or AES record itself, or it can authorize a forwarding or other agent to prepare and file the SED or AES record on its behalf. If the exporter (U.S. principal party in interest) prepares the SED or AES record itself, the exporter (U.S. principal party in interest) is responsible for the accuracy of all the export information reported on the SED or AES record, for signing the paper SED, filing the paper SED with U.S. Customs, or transmitting the AES record to U.S. Customs.

(ii) When the exporter (U.S. principal party in interest) authorizes a forwarding or other agent to complete the SED or AES record on its behalf, the exporter (U.S. principal party in interest) is responsible for:

(A) Providing the forwarding or other agent with the export information necessary to complete the SED or AES record;

(B) Providing the forwarding or other agent with a power of attorney or written authorization to complete the SED or AES record, or signing the authorization block printed on the paper SED (block 23 on Commerce Form 7525-V and block 29 on Commerce Form 7525-V-ALT); and

(C) Maintaining documentation to support the information provided to the forwarding or other agent for completion of the SED or AES record, as specified in § 30.11.

(2) Forwarding or other agent responsibilities. The forwarding or other agent, when authorized by an exporter (U.S. principal party in interest) to prepare and sign the SED or prepare and file the AES record in an export transaction, is responsible for:

(i) Accurately preparing the SED or AES record based on information received from the exporter (U.S. principal party in interest) and other parties involved in the transaction;

(ii) Obtaining a power of attorney or written authorization to complete the SED or AES record, or obtaining a paper SED with a signed authorization from the exporter (U.S. principal party in interest);

(iii) Maintaining documentation to support the information reported on the SED or AES record, as specified in § 30.11; and

(iv) Upon request, providing the exporter (U.S. principal party in interest) with a copy of the export information filed in the form of a completed SED, an electronic facsimile, or in any other manner prescribed by the exporter (U.S. principal party in interest).

(c) Responsibilities of parties in a routed export transaction

(1) Exporter (U.S. principal party in interest) responsibilities. In a routed export transaction where the foreign principal party in interest authorizes a U.S. forwarding or other agent to prepare and file the SED or AES record, the exporter (U.S. principal party in interest) must maintain documentation to support the information provided to the forwarding or other agent for preparing the SED or AES record as specified in § 30.11, and provide such forwarding or other agent with the following information to assist in preparing the SED or AES record:

(i) Name and address of the U.S. principal party in interest;

(ii) U.S. principal party in interest’s, IRS, EIN;

January 2002

Foreign Trade Statistics Regulations

(iii) Point of origin (State or FTZ);

(iv) Schedule B description of commodities;

(v) Domestic (D), foreign (F), or FMS (M) code;

(vi) Schedule B Number;

(vii) Quantity/unit of measure;

(viii) Value;

(ix) Upon request from the foreign principal party in interest or its agent, the Export Control Classification Number (ECCN) or sufficient technical information to determine the ECCN; and

(x) Any information that it knows will affect the determination of license authority.

Note to paragraph (c)(1): For items in paragraph (c)(1)(ix) and (x) of this section, where the foreign principal party in interest has assumed responsibility for determining and obtaining license authority, the EAR sets forth the information sharing requirements that apply at 15 CFR 758.3(c) of the EAR.

(2) Forwarding or other agent responsibilities. In a routed export transaction, the forwarding or other agent is responsible for; obtaining a power of attorney or written authorization from the foreign principal party in interest to prepare and file the SED or AES record on its behalf; preparing, signing, and filing the SED or AES record based on information obtained from the exporter (U.S. principal party in interest) or other parties involved in the transaction; maintaining documentation to support the information reported on the SED or AES record, and upon request by the exporter (U.S. principal party in interest), provide appropriate documentation to the exporter (U.S. principal party in interest) verifying that the information provided by the exporter (U.S. principal party in interest) was accurately reported on the SED or AES record. The forwarding or other agent must also provide the following export medium (except indelible pencil). The use of duplicating processes, as well as the overprinting of selected items of information, is acceptable.

(g) Copies of SEDs

All copies of the SEDs must contain all of the information called for in the signature space as to name of firm, address, name of signer, and capacity of signer. The original SED must be signed in ink, but signature on other copies is not required. The use of signature stamps is acceptable. A signed legible carbon or other copy of the export declaration is acceptable as an “original” of the SED.

§30.5

NUMBER OF COPIES OF SHIPPER'S EXPORT DECLARATION REQUIRED

(a) Except as provided elsewhere in these regulations the Shipper’s Export Declaration shall be delivered to the carrier or postmasters, as specified in §§ 30.12 and 30.15, in the following number of copies:

(1) In duplicate for shipments, except by mail, destined to all foreign countries except Canada.

(2) One copy only for shipments to Canada (see §30.58 for exemption for shipments from theUnited States to Canada) and nonforeign areas.

(3) One copy only for mail shipments to all destinations.

(b) In addition to the standard requirements set forth in paragraph (a) of this section, additional copies of Shipper’s Export Declarations may be required for export control purposes by the regulations of the Office of Export Administration or other Government agencies or in particular circumstances by the Customs Director or by the postmaster.

January 2002

Foreign Trade Statistics Regulations

§30.6

REQUIREMENTS AS TO SEPARATE SHIPPER’S EXPORT DECLARATIONS

Except as specifically provided in subpart C, a separate Shipper’s Export Declaration (in the required number of copies--see §30.5) is required for each shipment (consisting of one or more kinds of merchandise) from one consignor to one consignee on a single carrier. In addition, more than one declaration is required for an individual shipment as follows:

(a) For consignments by rail, truck, or other vehicle, requiring more than one rail car, truck, or other vehicle, a separate export declaration is required for the merchandise carried in each such rail car, truck, or other vehicle. However, Customs Directors are authorized to waive this requirement where multiple car shipments are made under a single bill of lading or other loading document and are cleared simultaneously.

(b) [Reserved]

Procedures for Imported Electrical Appliances, Equipment and Accessories

Please note that for any imported electrical appliances, equipment and accessories from the United States to the Kingdom of Saudi Arabia, the requirement of the Saudi Arabian Standards Organization must be completed in order to be accepted by technical representatives present at the customs house in Saudi Arabia.

Encl.:

Requirements of Saudi Arabian Standards Organization

(SASO).

Certificate of Conformity for Imported
Electrical Appliances, Equipment and
Accessories

These procedures are intended to prevent entry of any electrical appliance, equipment or accessory, unless it is covered by a certificate of conformity to Saudi standards or to standards specified by Saudi Arabian Standards Organization (SASO) and is accepted by technical representatives present at the customs house.

Two types of certificates are prescribed:

a.	Certificates of conformity for electrical appliances and equipment.
b.	Certificates of conformity for electrical accessories.
These procedures are applied as follows:
1)	The factory is bound to issue a certificate of conformity, for each type of commodity produced, certifying conformity to Saudi standards.
	In event, that no Saudi standard is available, the factory will issue a certificate certifying conformity to standards specified by SASO. The title and sub-headings of the certificate will be in accordance with the appropriate model (see attached model certificates).
	The factory will insure that the certificate of conformity accompanies the consignment and will be responsible for the validity of all the requirements of this certificate. The certificate will be issued on the formal papers of the factory, signed and sealed with its stamp and attested by a Chamber of Commerce and Industry in the country of orign.
	As an alternative to the factory issued certificate, SASO may accept or require a certificate of conformity issued by an independent body (such as a certification body, laboratory or inspectorate) recognized for this purpose by SASO.
2)	The certificate must be written in Arabic language; the English language, however, may be used for one year from the date, which these procedures come into effect.

3)	The Directorate General for Quality Control and Inspection (Ministry of Commerce), in collaboration with SASO will undertake examination, inspection and release of consignments.
4)	The technical representative of the authority concerned has the right to draw samples for inspection and test whenever he deems this necessary to ensure conformity of electrical appliances, equipment and accessories to the applicable standards.
5)	SASO will provide the Directorate General for Quality Control and Inspection and the customs authority with lists of commodities subject to these procedures and the relevant approved Saudi standards for these commodities or other standards defined by SASO for this purpose.
6)	The authority concerned may request annexure of a report on 14st results made in the factory on the commodity identified in the certificate of conformity.

Attached are models of the certificates.

Certificate of Conformity of Electrical Appliances
And Equipment issued by the factory in execution
OF SASO Board of Directors' decision
No. 58 dated 17/9/1405 H.

Name of appliance and category:	Quantity:
Type:	Unique designation*:
Name of Manufacturer:
Country of Origin:
Principal technical information for this appliance is as follows:
Rated voltage:	Rated frequency:
Rated current:	Rated power:
Power coefficient (if any):
Rated period of operation:
Appliance capacity:	Dimensions:
Mass (weight):
Other information:

We certify that the supplied consignment of the above-mentioned appliance, was produced by our factory and conform to the following Saudi standards and/or to the following standards approved by SASO:

Name & Position of responsible manager

Signature and Date

Stamp of factory

Attestatin of the Chamber
of Commerce & Industry

* Unique designation or identifier (such as the range of serial numbers) which unambiguously identifies uniits within the certified consignment.

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