3.2 A license exception (AVS) is an authorization to export the aircraft if certain criteria are satisfied. This exception does not require an application nor will there be an issuance of a license document prior to the flight.
REFERENCE.
15 CFR Section 740.15
3.3 License exception AVS authorizes an operating civil aircraft of foreign registry that has been in the
U.S. on a temporary sojourn to depart from the U.S. under its own power for any destination, provided that:
3.3.1 No sale or transfer of operational control of the aircraft to nationals of Cuba, Iran, Iraq, Libya, North Korea, Sudan, or Syria has occurred while in the U.S.
3.3.2 The aircraft is not departing for the purpose of sale or transfer of operational control to nationals of Cuba, Iran, Iraq, Libya, North Korea, Sudan, or Syria; and
3.3.3 It does not carry from the U.S. any item for which an export license is required and has not been granted by the U.S. Government.
3.4 License exception AVS authorizes a civil aircraft of U.S. registry operating under an Air Carrier Operating Certificate, Commercial Operat-ing Certificate, or Air Taxi Operating Certificate issued by the Federal Aviation Administration or conducting flights under operating specifications approved by the Federal Aviation Administration pursuant to 14 CFR Part 129 of the regulations of the Federal Aviation Administration, may depart from the U.S. under its own power for any destination provided that:
3.4.1 The aircraft does not depart for the purpose of sale, lease or other disposition of operational control of the aircraft or its equipment, parts, accessories, or components to a foreign country or any national thereof.
3.4.2 The aircraft’s U.S. registration will not be changed while abroad.
3.4.3 The aircraft is not to be used in any foreign military activity while abroad; and
3.4.4 The aircraft does not carry from the U.S. any item for which a license is required and has not been granted by the U.S. Government.
3.5 License exception AVS authorizes any other operating civil aircraft of U.S. registry to depart from the U.S. under its own power for any destination, except to Cuba, Iran, Iraq, Sudan, Syria, Libya, and North Korea (flights to these destinations require a license), provided that:
3.5.1 The aircraft does not depart for the purpose of sale, lease or other disposition of operational control of the aircraft, or its equipment, parts, accessories, or components to a foreign country or national thereof.
3.5.2 The aircraft’s U.S. registration will not be changed while abroad.
3.5.3 The aircraft is not to be used in any foreign military activity while abroad.
3.5.4 The aircraft does not carry from the U.S. any item for which an export license is required and has not been granted by the U.S. Government; and
3.5.5 The aircraft will be operated while abroad by a U.S. licensed pilot, except that during domestic flights within a foreign country, the aircraft may be operated by a pilot currently licensed by that foreign country.
3.6 A license authorizes the departure of the aircraft within the special limitations set forth in the license document. It is issued only on the basis of a formal application requesting the issuance of a license prior to the flight.
3.7 Once it has been determined that an export license is required, an application for the license should be submitted to the Bureau of Export Administration, U.S. Department of Commerce. An application consists of Form BXA.748P (multipur-pose application). This form and information on the application process can be obtained free of charge from either the U.S. Department of Commerce in Washington or any of its District Offices. (See paragraph 4.)
3.8 Applications for validated licenses by non.U.S. citizens require that the applicant appoint an agent subject to U.S. jurisdiction to act in his/her behalf. If an emergency situation necessitates the expedition of the application process, contact the Counseling Division Staff of the Bureau of Export Administra-tion (telephone 202.482.4811) or any Department of Commerce District Office for assistance.
4. Department of Commerce District Office Locations
TBL GEN 1.4.1
West Virginia Charleston
Wisconsin Milwaukee
Wyoming Cheyenne
State City
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