Code of Federal Regulations (Last Updated: May 6, 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 |
§ 768.6 - Criteria.
Latest version.
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§ 768.6 Criteria.
BIS will evaluate the evidence contained in a FAS or TAC certification and all other evidence gathered in the assessment process in accordance with certain criteria that must be met before BIS can recommend a positive determination to the Secretary. The criteria are defined in § 768.1(d) of this part. In order to initiate an assessment, each FAS and TAC certification should address each of these criteria. The criteria are statutorily prescribed and are:
(a) Available-in-fact;
(b) Non-U.S. source;
(c) Sufficient quantity; and
(d) Comparable quality.