PART 762—RECORDKEEPING T/F

The records listed in the text are exempt from the recordkeeping requirement procedures.

The regulated person must maintain the original records in the form they receive or create them.

The regulated person is not required to retain the original record if the record does not meet the regulated person's intended use.

The regulated person may maintain reproductions instead of the original records if they meet the requirements in § 762.5(b).

The system used to reproduce the original records must be capable of reproducing all records on microfilm.

The system used to reproduce the original records must record and be able to reproduce all marks, information, and other characteristics of the original record, including both obverse and reverse sides of paper documents in legible form.

For the purposes of this section, legible and legibility mean the quality of a letter or numeral that enable the observer to identify it positively and quickly to the exclusion of all other letters or numerals.

The regulated person is not required to maintain the original record if they have an electronically stored copy in a format that makes the document readable with software possessed by that party.

The regulated person may maintain reproductions instead of the original records, even if they do not meet the requirements in § 762.5(b).

The regulated person is not required to retain the original record if they have an electronically stored copy in a format that makes the document readable with software possessed by that party.

The recordkeeping provisions of this part apply to transactions involving restrictive trade practices or boycotts.

The recordkeeping provisions only apply to exports of commodities, software, or technology from the United States.

Exports to Canada are exempt from the recordkeeping provisions.

The recordkeeping provisions apply to transactions subject to the prohibitions against servicing, forwarding and other actions for or on behalf of end-users of proliferation concern.

The scope of this part only covers transactions related to the Export Administration Regulations (EAR).

The recordkeeping provisions apply to transactions involving the $5$ billion fine imposed on ZTE Corporation.

Persons located in the United States are never required to produce records for inspection by authorized officials of the Bureau of Industry and Security (BIS).

The Office of Export Enforcement (OEE) can issue subpoenas requiring persons to testify or produce records if voluntary cooperation is not forthcoming.

If a person does not comply with a subpoena issued by OEE or the Office of Antiboycott Compliance, the Department of Commerce cannot petition a district court to enforce the subpoena.

Persons located outside the United States are required to produce records for inspection by authorized BIS officials without any charge or expense.

The Bureau of Industry and Security (BIS) cannot designate any other official of the United States to exercise its authority to inspect records of persons located outside the United States.

Persons located in the United States are required to pay a charge or expense to authorized BIS officials for inspecting and copying their records.

A specific license granted by the Department of the Treasury's Office of Foreign Assets Control for the export to Libya of any item subject to the EAR must be recorded by the recipient.

The special recordkeeping requirement for Libya applies only to items subject to a license requirement under the EAR for export to Libya as of April 29, 2004.

The recordkeeping requirement for Libya does not include information about the date of export or reexport and related details.

A special license granted by OFAC for exports to Libya must include a detailed description of proposed end-use and locations in Libya where items are intended to be used.

The recordkeeping requirement applies to all items transferred to Libya, regardless of whether they are subject to a license requirement under the EAR.

The recipient of a specific license for export to Libya does not need to record when the items are consumed or destroyed in the normal course of their use in Libya.

The recordkeeping requirement applies to all exports to Libya, regardless of whether they are subject to a specific license from OFAC.

The recipient of a specific OFAC license for exports to Libya is not required to record parties other than themselves who may have temporary access to the items.

The recordkeeping obligation for exports to Libya includes documenting the value of items in Euros instead of U.S. Dollars.

If the items exported to Libya are reexported to a third country requiring further authorization from BIS, no record needs to be maintained by the recipient.

The system must preserve the initial image and record all changes, including who made them and when they were made.

The regulated person must establish written procedures to identify the individuals who are responsible for the operation, use and maintenance of the system.

The system must be able to locate and reproduce all records relating to a particular transaction based on the name of the parties involved or the document reference number.

Records must be retained for 10 years from the date of the transaction.

If the Bureau of Industry and Security requests a record, it may be destroyed or disposed of without written authorization.

The regulated person must establish written procedures for inspection and quality assurance of records in the system and document the implementation of those procedures.

For systems based on photographic processes, the regulated person must maintain a detailed index of all records in the system.

The system must be complete and contain all records required to be kept by this part or the regulated person must provide a method for correlating, identifying and locating records relating to the same transaction(s) that are kept in other record keeping systems.

The regulated person must keep a record of where, when, by whom, and on what equipment the records and other information were entered into the system.

The system must be able to locate and reproduce all records relating to a particular transaction based on any one of the following criteria: the name(s) of the parties, the country(ies) involved, or the document reference number.

A mere preliminary inquiry or offer to do business and negative response thereto shall constitute negotiations.

Persons subject to this part include any person in the United States or abroad who is required to make and maintain records under any provision of the EAR.

Persons subject to this part include only principals, and not agents (including forwarding agents).

The records required to be retained under this part 762 include books of account and financial records.

The records required to be retained under this part 762 include the serial number, make, model, and caliber for any firearm controlled in ECCN 0A501.a and for shotguns with barrel length less than 18 inches controlled in 0A502 that have been exported.

Persons subject to this part are not required to produce the records described in 762.2 in a manner provided by 762.7 of this part.

Records required to be retained under this part 762 include notification by BIS of an application being returned without action.

Records required to be retained under this part 762 include restrictive trade practice or boycott documents and reports.