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What is the AGR licence exception and when does it apply?
The Bureau of Insustry & Security has created a new License Exception Agricultural Commodities (AGR) in section 740.18 of the Export Administration Regulations (EAR). License Exception AGR authorizes exports and certain reexports of eligible agricultural commodities that are classified as EAR99 (i.e., not listed on the Commerce Control List) to Cuba, subject to certain criteria and restrictions. License Exception AGR does not authorize exports or reexports of medicines or medical devices to Cuba. Exporters must notify BIS and obtain confirmation from BIS that no agency of the U.S. Government that reviews these notifications objects to use of License Exception AGR prior to any export or reexport under authority of License Exception AGR. The proposed export must meet all of the criteria and restrictions listed below. a) Exports and reexports must be made pursuant to a written contract and must take place within 12 months of the signing of the contract, unless the shipment is a commercial sample or a donation, in which case the contract requirement does not apply; b) No exports may be made to a terrorist entity, including a Specially Designated Terrorist (SDT) or Foreign Terrorist Organization (FTO), a person denied export privileges by the Department of Commerce if the export would violate the terms of the denial order, or for use in weapons of mass destruction (WMD) programs (i.e., biological, chemical, nuclear warfare or missile proliferations activities). The Treasury Department's Office of Foreign Assets Control lists of SDTs and FTOs as part of the list of Specially Designated Nationals and Blocked Persons; c) No U.S. owned or controlled foreign firm may export or reexport from a third country to Cuba a foreign produced agricultural commodity.
Bureau of Industry & Security (BIS),USDOC
http://www.bis.doc.gov/
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