![]() |
Code of Federal Regulations (Last Updated: July 5, 2024) |
![]() |
Title 15 - Commerce and Foreign Trade |
![]() |
Subtitle B - Regulations Relating to Commerce and Foreign Trade |
![]() |
Chapter VII - Bureau of Industry and Security, Department of Commerce |
![]() |
SubChapter C - Export Administration Regulations |
![]() |
Part 768 - Foreign Availability Determination Procedures and Criteria |
§ 768.2 - Foreign availability described.
-
§ 768.2 Foreign availability described.
(a) Foreign availability. Foreign availability exists when the Secretary determines that an item is comparable in quality to an item subject to U.S. national security export controls, and is available-in-fact to a country, from a non-U.S. source, in sufficient quantities to render the U.S. export control of that item or the denial of a license ineffective. For a controlled country, such control or denial is “ineffective” when maintaining such control or denying a specific license would not restrict the availability of items that would make a significant contribution to the military potential of the controlled country or combination of countries detrimental to the national security of the United States (see sections 5(a) and 3(2)(A) of the EAA.)
(b) Types of foreign availability. There are two types of foreign availability:
(1) Foreign availability to a controlled country; and
(2) Foreign availability to a non-controlled country.
Note to paragraph (b) of this section:See § 768.7 of this part for delineation of the foreign availability assessment procedures, and § 768.6 of this part for the criteria used in determining foreign availability.