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15 C.F.R. § 762.2   Records to be retained.

Title 15 - Commerce and Foreign Trade

Title 15: Commerce and Foreign Trade
PART 762—RECORDKEEPING

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§ 762.2   Records to be retained.

(a) Records required to be retained. The records required to be retained under this part 762 include the following:

(1) Export control documents, as defined in part 772 of the EAR;

(2) Memoranda;

(3) Notes;

(4) Correspondence;

(5) Contracts;

(6) Invitations to bid;

(7) Books of account;

(8) Financial records;

(9) Restrictive trade practice or boycott documents and reports, and

(10) Other records pertaining to the types of transactions described in §762.1(a) of this part, which are made or obtained by a person described in §762.1(b) of this part.

(b) Records retention references. Paragraph (a) of this section describes records that are required to be retained. Other parts, sections, or supplements of the EAR which require the retention of records or contain recordkeeping provisions, include, but are not limited to the following:

(1) Part 736, General Prohibitions;

(2) §732.6, Steps for other requirements;

(3) §740.1, Introduction (to License Exceptions);

(4) §740.10(c), Servicing and replacement of parts and equipment (RPL);

(5) §740.13(f), Technology and software—unrestricted (TSU);

(6) §743.2, High Performance Computers;

(7) Supplement No. 3 to part 742 High Performance Computers, Safeguards and Related Information;

(8) §742.15;

(9) §740.7, Humanitarian donations (NEED);

(10) §746.3 Iraq.

(11) Part 747, Special Iraq Reconstruction License.

(12) §748.4(a), Disclosure and substantiation of facts on license applications;

(13) §748.6, General instructions for license applications;

(14) §748.9, Support documents for license applications;

(15) §748.10, Import and End-user Certificates;

(16) §748.11, Statement by Ultimate Consignee and Purchaser;

(17) §748.13, Delivery Verification (DV);

(18) §748.2(c), Obtaining forms; mailing addresses;

(19) §750.7, Issuance of license and acknowledgment of conditions;

(20) §750.8, Revocation or suspension of license;

(21) §750.9, Duplicate licenses;

(22) §750.10, Transfer of licenses for export;

(23) §752.7, Direct shipment to customers;

(24) §752.9, Action on SCL applications;

(25) §752.10, Changes to the SCL;

(26) §752.11, Internal Control Programs;

(27) §752.12, Recordkeeping requirements;

(28) §752.13, Inspection of records;

(29) §752.14, System reviews;

(30) §752.15, Export clearance;

(31) §754.2(j)(3), Recordkeeping requirements for deep water ballast exchange.

(32) §754.4, Unprocessed western red cedar;

(33) §758.1(h), Record and proof of agent's authority;

(34) §758.1 and §758.2, Shipper's Export Declaration or Automated Export System record;

(35) §758.6, Destination control statements;

(36) §760.6, Restrictive Trade Practices and Boycotts;

(37) §762.2, Records to be retained;

(38) §764.2, Violations;

(39) §764.5, Voluntary self-disclosure; and

(40) §766.10, Subpoenas;

(41) §743.1, Wassenaar reports;

(42) §748.14, Exports of firearms;

(43) §745.1, Annual reports;

(44) §745.2, End-use certificates; and

(45) §758.2(c), Assumption writing.

(c) Special recordkeeping requirement—(1) Libya. Persons in receipt of a specific license granted by the Department of the Treasury's Office of Foreign Assets Control (OFAC) for the export to Libya of any item subject to the EAR must maintain a record of those items transferred to Libya pursuant to such specific license and record when the items are consumed or destroyed in the normal course of their use in Libya, reexported to a third country not requiring further authorization from BIS, or returned to the United States. This requirement applies only to items subject to a license requirement under the EAR for export to Libya as of April 29, 2004. These records must include the following information:

(i) Date of export or reexport and related details (including means of transport);

(ii) Description of items (including ECCN) and value of items in U.S. Dollars;

(iii) Description of proposed end-use and locations in Libya where items are intended to be used;

(iv) Parties other than specific OFAC licensee who may be given temporary access to the items; and

(v) Date of consumption or destruction, if the items are consumed or destroyed in the normal course of their use in Libya, or the date of reexport to a third country not requiring further authorization from BIS, or return to the United States.

(2) [Reserved]

[61 FR 12900, Mar. 25, 1996, as amended at 61 FR 27258, May 31, 1996; 61 FR 65466, Dec. 13, 1996; 64 FR 17974, Apr. 13, 1999; 65 FR 14860, Mar. 20, 2000; 65 FR 42573, July 10, 2000; 68 FR 16213, Apr. 3, 2003; 69 FR 23638, Apr. 29, 2004; 69 FR 46080, July 30, 2004; 71 FR 20887, Apr. 24, 2006]

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