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I want to export EAR99 items for use in a short-range missile. I assume this is considered a missile activity. How do I know if a license is required?
If the item is being sent to a project listed in footnote 1 to country group D:4 (Supplement No. 1 to EAR 740), it requires an export license regardless of the range of the missile. If the item is not bound for a project in footnote 1, then the item is not subject to missile controls if it will not be used in the design, development, production, or use of missiles as that term is defined in Part 772 of the EAR. A short-range missile is not considered to be an MTCR-controlled missile. Missiles subject to MTCR controls are those rocket systems (including ballistic missile systems, space launch vehicles, and sounding rockets) and unmanned air vehicle systems (including cruise missile systems, target drones, and reconnaissance drones) capable of delivering at least 500 kilograms payload to a range of at least 300 kilometers. (See Part 772 of the EAR.)
Bureau of Industry & Security (BIS),USDOC
http://www.bis.doc.gov/
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