Country quotas for group N'

(Schedule B Nos. 332.9110; 512,0993; 521.4022; 521.4040; 599.9520 Naphtha, naphtha solvents and other intermediate oils only classified under the Schedule B numbers listed, which are (a) capable of being used as a fuel, either alone or when blended with other petroleum products, or (b) s'itable for use in refinery processing or as a feedstock or petrochemical or synthetic natural gas production, but excluding (1) naphthas having a distillation dry point of 440° F or more, (2) naphthas having a Kauri-Butanol value of less than 35 as determined by the ASTM D1133 test method, and (3) naphthas normally packaged and shipped in drums or containers not exceeding 55 U.S. gallons per container and which will be exported in such drums or containers.')

Colombia

Country

Federal Republic of Germany.

France

Hong Kong.

Liberia.

Quotas

Barrels

Pounds

202,050

2,955

646,105

348

573

51,183

362

'Report units of quantity as specified in schedule B. (Sec. 21, Pub. L. (96-72); sec, 4, Pub. L. 91184, 83 Stat. 842 (50 U.S.C. App. 2403), as amended; E.O. 12002, 42 FR 35623 (1977); sec, 103, Pub. L. 94-163, 89 Stat. 877 (42 U.S.C. 6212); E.O. 11912, 41 FR 15825, 3 CFR 1969 Comp.; 10 U.S.C. 7430; Department Organization Order 10-3, dated December 4, 1977, 42 FR 64721 (1977), as amended; and Industry and Trade Administration Organization and Function Order 45-1, dated December 4, 1977, 42 FR 64716 (1977), as amended).

[42 FR 18399, Apr. 7, 1977, as amended at 42 FR 34872, July 7, 1977; 44 FR 36376, June 22, 1979; 44 FR 59230, Oct. 15, 1979]

Argentina..

Australia

Belgium..

556

521.4027 521.4040

Xylenes, n.e.c.

Commodity description

Crude petroleum, including tar sands. Petroleum partly refined for further refining. Aviation gasoline.

Gasoline, n.e.c.

Gasoline blending agents, hydrocarbon compounds only, n.e.c.

Kerosene, except kerosene-type jet fuel.

Jet fuel.

Distillate fuel oils.

Residual fuel oils.

Aviation engine lubricating oil, except jet engine lubricating oil.

Jet engine lubricating oil.

Automotive, diesel and marine engine lubricating oil.

Turbine lubricating oil including marine.
Automotive gear oils.

Mineral tar and tar oils, chemicals and crude products from coal, petroleum and natural gas, n.e.c.

'Those petroleum and petroleum products whose export is prohibited if produced on a Naval Petroleum Reserve or if they are the product of a resource produced thereon. See Section 377.

2 Natural gas, and liquified natural gas (L.N.G.) and synthetic natural gas commingled with natural gas (Schedule B No. 341.1010) require export authorization from the U.S. Federal Power Commission. See § 370.10(g).

Applications to export the above will be considered only in accordance with section 377.

[42 FR 18397, Apr. 7, 1977]

PART 378-SPECIAL NUCLEAR CONTROLS

Paraffin wax, crystalline, fully refined.

Paraffin wax, crystalline, except fully refined.

Naphtha, mineral spirits, solvents and other finished light petroleum products, n.e.c. Insulating or transformer oils.

Quenching and cutting oils.

Schedule B number

331.0100

331.0200

332.1015

332.1030

332.1050

332.2010.

332.2020

332.3000

332.4000

332.5005.

332.5010.. 332.5015.

332.5020.

332.5025.

332.5030

Red and pale oils.

332.6220

332.6230

332.9110..

332.9120

332.9130.

332.9140

White mineral oils.

Sec.

378.1 Purpose.

378.2 Nuclear related commodities and technology.

378.3 Nuclear weapons or nuclear explosive devices.

378.4 Certain nuclear facilities. 378.5 Advice of manufacturer. 378.6 Preparing application. 378.7 Effect of other provisions.

Supplement No. 1-Countries adhering to the Limited Nuclear Test Ban Treaty. Supplement No. 2-Nuclear related commodities.

AUTHORITY: Sec. 4, Pub. L. 91-184, 83 Stat. 842; (50 U.S.C. App. 2403), as amended; E.O. 12002, 42 FR 35623 (1977); Department Crganization Order 10-3, dated December 4, 1977, 42 FR 64721 (1977); and Industry and Trade Administration Organization and Function Order 45-1, dated December 4, 1977, 42 FR 64716 (1977), unless otherwise noted.

§ 378.1 Purpose.

This part defines the types of export transactions that may not be made under the general license provisions of part 371 of this chapter because of their relationship to certain foreign nuclear activities.

[43 FR 35028, Aug. 8, 1978]

§ 378.2 Nuclear-related commodities and

technology.

A validated license is required for export to all destinations, including

Canada, of the commodities listed in Supplement No. 2 to this Part 378. A validated license also is required for export to all destinations, including Canada, of certain related technical data, as listed in §§ 379.4(c) (5), (6), (7), and (8). Applications for the export of these commodities and technical data will be processed in accordance with the procedures established under section 309(c) of the Nuclear Non-Proliferation Act of 1978 as set forth in 43 FR 25330 (June 9, 1978) (Part F).

[44 FR 17989, Mar. 23, 1979]

§ 378.3 Nuclear weapons or nuclear explosive devices.

A validated license is required for export to all destinations, including Canada, of any commodity that: 1,2

(a) Has not been specifically designed or specifically modified for use in designing, developing, or fabricating nuclear weapons or nuclear explosive devices, but which the exporter knows or has reason to know will be used for one or more of these purposes.

(b) Has not been specifically designed or specifically modified for use in devising, carrying out, or evaluating nuclear weapons tests or nuclear explosions, but which the exporter knows or has reason to know will be used for one or more of these purposes.

(c) Is in normal commercial use for other purposes but which has been specifically designed or specifically modified for use in devising, carrying out, or evaluating nuclear weapons

'Commodities and technical data specifically designed or specifically modified for use in designing, developing, or fabricating nuclear weapons or nuclear explosive devices are subject to export licensing or other requirements of the Office of Munitions Control, U.S Department of State, or the licensing or other restrictions specified in the Atomic Energy Act of 1954, as amended. Similarly, commodities and technical data specifically designed or specifically modified for use in devising, carrying out, or evaluating nuclear weapons tests or nuclear explosions (except such items as are in rormal commercial use for other purposes) are subject to the same requirements.

2 Also see § 379.5(e) for special provisions relating to technical data for maritime nuclear propulsion plants and other commodities.

tests or nuclear explosions, if the intermediate or ultimate destination is subject to the jurisdiction of any country which, at the time of export, is not an adherent to the "Treaty Banning Nuclear Weapons Tests in the Atmosphere, Outer Space and Under Water," which was signed at Moscow, U.S.S.R., on August 5, 1963. This treaty is more commonly known as the "Limited Nuclear Test Ban Treaty,” and the countries adhering thereto are listed in supplement No. 1 to part 378. The provisions of § 378.3 do not apply to exports of any commodities described in this § 378.3(c) if the exporter knows they will not be used in devising, carrying out, or evaluating nuclear weapons tests or nuclear explosions.

[43 FR 35028, Aug. 8, 1978. Redesignated and amended at 44 FR 17989, Mar. 23, 1979] § 378.4 Certain nuclear facilities.

A validated license is required for export to ail destinations, including Canada, of any commodity where the exporter knows, or has reason to know, that the commodity will be used directly or indirectly in designing, constructing, fabricating, or operating the following facilities, or components for such facilities:

(a) Facilities for the chemical processing of irradiated special nuclear or source material;

or

(e) End-use. Include in the description of the end-use, the specific enduse(s) the commodities will have in designing, developing, fabricating, testing nuclear weapons or nuclear explosive devices as described in § 378.1. Fully explain the basis for the know!edge or belief that the commodities are intended for the purpose(s) described.

(Sec. 4, 83 Stat. 842 (50 U.S.C. App. 2403); E.O. 11533, 35 FR 8799, 3 CFR, 1970 Comp., p. 134; E.O. 11683, 37 FR 17813, 3A CFR, 1972 Comp., p. 202)

[13th Gen. Rev. of Export Regs., 35 FR 9177, June 12, 1970, as amended at 43 FR 35028, Aug. 8, 1978. Redesignated and amended at 44 FR 17989, Mar. 23, 1979]

§ 378.5 Advice of manufacturer.

An exporter who knows the commodities he intends to ship are capable of the uses described in § 378.3 or § 378.4, but is not the manufacturer of the commodities and is not sure whether a validated license is required, shall request a written statement from the manufacturer specifying as to whether or not such manufacturer knows or has reason to know that the intended export requires a validated export license under the provisions of § 378.3 or § 378.4. If the manufacturer believes a validated export license is required, the exporter shall then apply for such license. The exporter shall retain a copy of his letter of inquiry and the manufacturer's reply and make them available for inspection upon demand by the U.S. Department of Commerce, for two years in accordance with the recordkeeping requirements of § 378.11.

[43 FR 35028, Aug. 8, 1978. Redesignated and amended at 44 FR 17989, Mar. 23, 1979]

§ 378.6 Preparing application.

An application for a license to export commodities subject to the provisions of § 378.3 or § 378.4 shall be prepared and submitted on Form DIB622P, Application for Export License, in accordance with the instructions set forth in § 372.5 with the following modifications:

(a) Identification of license application. Enter the words "NUCLEAR CONTROLS" across the top of the Form DIB-622P, immediately above the printed words Application for Export License;

(b) Ultimate consignee. If the ultimate consignee is not also the end user of the commodities, give the name and address of the end user in the "Commodity description" space of the application or on an attachment thereto, and if known, the specific geographic locations of any installations, establishments, or sites at which the commodities will be used;

(c) Supplier. If the applicant is not also the manufacturer of the commod

ities, indicate on the application, in the space entitled "Commodity Description" or on an attachment, whether the advice of the manufacturer has been received regarding the necessity of a validated license;

(d) Commodity description. If applicable, include a description of any specific features of design or specific modifications which make the commodity capable of the uses described in § 378.3 or § 378.4 above;

(e) End-use. Include in the description of the end-use, the specific enduse(s) the commodities will have in designing, developing, fabricating, or testing nuclear weapons or nuclear explosive devices as described in § 378.3 or in designing, constructing, fabricating, or operating the facilities described in § 378.4. Fully explain the basis for the knowledge or belief that the commodities are intended for the purpose(s) described.

[43 FR 35028, Aug. 8, 1978. Redesignated and amended at 44 FR 17989, Mar. 23, 1979] § 378.7 Effect of other provisions.

If, at the time of export, a validated license is also required under other provisions of the Export Administration regulations, the application shall be submitted in accordance with the provisions of part 378 as well as other applicable provisions. The requirements of part 378 are applicable in addition to, rather than in lieu of, any other validated license requirement set forth in the Export Administration regulations. Insofar as consistent with the provisions of part 378, all of the other provisions of the Export Administration regulations shall apply equally to applications for licenses and licenses issued under these special provisions.

[43 FR 35028, Aug. 8, 1978. Redesignated and amended at 44 FR 17989, Mar. 23, 1979] SUPPLEMENT No. 1-COUNTRIES ADHERING TO THE LIMITED NUCLEAR TEST BAN TREATY

For the purposes of the Export Administration Regulations a country will be treated as an adherent to the Limited Nuclear Test Ban Treaty if it has deposited with the U.S. Department of State in Washington, D.C., an instrument of ratification or accession to that Treaty (or an unrestricted notification that it considers itself bound by the ratification or accession of a predecessor