PART 740—LICENSE EXCEPTIONS Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 1701 et seq.; et seq.; § 740.1 Introduction. In this part, references to the EAR are references to 15 CFR chapter VII, subchapter C. (a) Scope. (b) Certification. (c) License Exception symbols. (d) Electronic Export Information (EEI) filing. (e) Destination Control Statement. (f) Recordkeeping. [61 FR 12768, Mar. 25, 1996, as amended at 61 FR 64274, Dec. 4, 1996; 62 FR 25457, May 9, 1997; 65 FR 42568, July 10, 2000; 66 FR 36680, July 12, 2001; 66 FR 42109, Aug. 10, 2001; 68 FR 50472, Aug. 21, 2003; 78 FR 22708, Apr. 16, 2013; 79 FR 4615, Jan. 29, 2014] § 740.2 Restrictions on all License Exceptions. (a) You may not use any any (1) Your authorization to use a License Exception has been suspended or revoked, or your intended export does not qualify for a License Exception. (2) The export or reexport is subject to one of the ten General Prohibitions, is not eligible for a License Exception, and has not been authorized by BIS. (3) The item is primarily useful for surreptitious interception of wire, oral, or electronic communications, or related software, controlled under ECCNs 5A001.f.1, 5A980, 5D001 (for 5A001.f.1 or for 5E001.a (for 5A001.f.1, or for 5D001.a (for 5A001.f.1))), or 5D980, unless the item is consigned to and for the official use of an agency of the U.S. Government (see § 740.11(b)(2)(ii) of this part, Governments (GOV)). No license exceptions apply for 5E001.a (for 5A001.f.1, or for 5D001.a (for 5A001.f.1)) or for 5E980. (4) The item being exported or reexported is subject to the license requirements described in § 742.7 of the EAR and the export or reexport is not: (i) Being made to Australia, India, Japan, New Zealand, or a NATO (North Atlantic Treaty Organization) member state (see NATO membership listing in § 772.1 of the EAR): (ii) Authorized by § 740.11(b)(2)(ii) (official use by personnel and agencies of the U.S. government); (iii) Authorized by § 740.14(e) of the EAR; or (iv) Authorized by § 740.20 of the EAR (License Exception STA). (5)(i) The item is controlled for missile technology (MT) reasons. Only the following license exceptions may be used to export MT-controlled items to destinations other than those identified in Country Groups D:4 or D:5 (see supplement no. 1 to part 740 of the EAR): (A) License Exception TMP (§ 740.9(a)(1), (a)(3) through (8), and (a)(10), (b)(1) through (b)(3), and Notes 2, 3, and 4 to paragraph (b) of the EAR); (B) License Exception RPL (§ 740.10 of the EAR); (C) License Exception GOV (§ 740.11(b)(2) of the EAR); (D) License Exception TSU (§ 740.13(a) through (c), and (g) of the EAR); (E) License Exception AVS (§ 740.15(b)(1) through (b)(4), (c)(1), (2), (e), and (f) of the EAR); (F) License Exception APR (§ 740.16(c) through (f) of the EAR); and (G) License Exception STA (§ 740.20(c)(1)(ii) of the EAR). (ii) The item is controlled for missile technology (MT) reasons. Only the following license exceptions may be used to export MT-controlled items described in paragraphs (a)(5)(ii)(A) and (B) of this section to destinations identified in Country Groups D:4 or D:5 (see supplement no. 1 to part 740 of the EAR), provided the terms and conditions in parts 740 and 746 as applicable are met: (A) MT-controlled items described in ECCNs 6A008, 7A001, 7A002, 7A004, 7A101, 7A102, 7A103, 7A104, 7A105, 7B001, 7D001, 7D002, 7D003, 7D101, 7D102, 7E003, 7E101 or 9A515, may be exported, reexported, or transferred (in-country) as part of a spacecraft, manned aircraft, land vehicle or marine vehicle or in quantities appropriate for replacement parts for such applications under § 740.9(a)(4) (License Exception TMP for kits consisting of replacement parts), § 740.10 (License Exception RPL), § 740.13 (License Exception TSU), or § 740.15(b) (License Exception AVS for equipment and spare parts for permanent use on a vessel, aircraft or spacecraft, excluding paragraph (b)(2)(ii)), and (B) MT-controlled commodities described in ECCNs 2A001 or 2A101 may be exported, reexported, or transferred (in-country) under § 740.9(a)(4) (License Exception TMP) or § 740.10 (License Exception RPL) as one-for-one replacement for equipment previously legally exported, reexported, or transferred (in-country). (6) The export or reexport is to a sanctioned destination (Cuba, Iran, North Korea, Syria, Crimea region of Ukraine, and the so-called Donetsk People's Republic (DNR) and Luhansk People's Republic (LNR) regions of Ukraine) or a license is required based on a limited sanction (Russia or Belarus) unless a license exception or portion thereof is specifically listed in the license exceptions paragraph pertaining to a particular sanctioned country in part 746 of the EAR. (7) With the exception of License Exception GOV (§ 740.11(b)(2)), license exceptions are not available for the following 6E001 or 6E002 technology: (i) Technology required for the “development” or “production” of photon detector, microbolometer detector, pyroelectric, or multispectral detector, infrared focal plane arrays (IRFPAs), described in ECCN 6A002, having a peak response within the wavelength range exceeding 900 nm but not exceeding 30,000 nm, excluding lead sulfide or lead selenide IRFPAs having a peak response within the wavelength range exceeding 1,000 nm but not exceeding 5,000 nm and not exceeding 16 detector elements; or (ii) Technology required for the “development” or “production” of third generation or greater ( e.g., (8) The item is controlled under ECCNs 2A983, 2A984, 2D983, 2D984, 2E983 or 2E984 and the License Exception is other than: (i) RPL, under the provisions of § 740.10, including § 740.10(a)(3)(v), which prohibits exports and reexports of replacement parts to countries in Country Group E:1 (see Supplement 1 to part 740)); (ii) GOV, restricted to eligibility under the provisions of § 740.11(b)(2)(ii); or (iii) TSU, under the provisions of § 740.13(a) and (c). (9)(i) The item is controlled under ECCN 3B001.a.4, c, d, f.1, f.5, f.6, k to n, p.2, p.4, r, 3B002.c, 3B993, 3B994, or associated software and technology in ECCN 3D001, 3D002, 3D003, 3D992, 3D993, 3D994, 3E001, 3E992, 3E993, or 3E994 and is being exported, exported from abroad, reexported, or transferred (in-country) to or within either Macau or a destination specified in Country Group D:5 of supplement no. 1 to this part, and the license exception is other than License Exception GOV, restricted to eligibility under the provisions of § 740.11(b). (ii) The item is identified in paragraph (a)(9)(ii)(A) or (B) of this section and is being exported, reexported, or transferred (in-country) to or within a destination specified in Country Group D:1, D:4, or D:5, excluding any destination also specified in Country Groups A:5 or A:6, or to an entity headquartered in or whose ultimate parent is headquartered in, Macau or a destination specified in Country Group D:5, wherever located, and the license exception is other than: TMP, restricted to eligibility under the provisions of § 740.9(a)(6); NAC/ACA, under the provisions of § 740.8; RPL, under the provisions of § 740.10; GOV, restricted to eligibility under the provisions of § 740.11(b); TSU under the provisions of § 740.13(a) and (c); HBM under the provisions of § 740.25; AIA under the provisions of § 740.27 (for ECCN 4E091 to entities headquartered in countries listed in paragraph (a) of supplement no. 5 to part 740 and located in destinations other than Macau or Country Group D:5); or ACM under the provisions of § 740.28. Items restricted to eligibility only for the foregoing license exceptions are: (A) Controlled under ECCNs 3A090, 4A090, 4E091, or associated software and technology in 3D001, 3E001, 4D090, and 4E001; (B) An integrated circuit, “electronic assembly” or “component” or related software or technology specified in ECCNs 3A001.z; 3D001 (for “software” for commodities controlled by 3A001.z, 3A090); 3E001 (for “technology” for commodities controlled by 3A001.z); 4A003.z; 4A004.z; 4A005.z; 4D001 (for “software” for commodities controlled by 4A003.z, 4A004.z, and 4A005.z); and 4E001 (for “technology” for commodities controlled by 4A003.z, 4A004.z, 4A005.z); 5A002.z; 5A004.z; 5A992.z; 5D002.z; 5D992.z; 5E002 (for “technology” for commodities controlled by 5A002.z or 5A004.z); “software” specified by 5D002 (for 5A002.z or 5A004.z commodities)); 5E992 (for “technology” for commodities controlled by 5A992.z or “software” controlled by 5D992.z). Note 1 to paragraph ( a ii ECCN 3A090.c requires a license for exports, reexports, and transfers (in-country) to or within Macau or destinations specified in Country Group D:5, but is still included within the scope of this paragraph because it generally shares the same EAR license exception eligibility as other 3A090 commodities, except for NAC/ACA, under the provisions of § 740.8., which ECCN 3A090.c is not eligible. An export, reexport, or transfer (in-country) of an ECCN 3A090.c commodity to a destination specified in Country Groups D:1 or D:4 that is not specified in Country Group D:5, may be made under the No License Required (NLR) designation, provided no part 744 or 746 license requirements are applicable. (10) The commodity being exported or reexported is subject to the license requirements of § 742.11 of the EAR. (11) The item is a “military commodity” subject to ECCN 0A919, except that such military commodities may be reexported in accordance with § 740.11(b)(2)(ii) (official use by personnel and agencies of the U.S. Government). (12) The item is described in a 9x515 or “600 series” ECCN and is destined to, shipped from, or was manufactured in a destination listed in Country Group D:5 or Hong Kong (see Supplement No. 1 to part 740 of the EAR), except that: (i) 9x515 or “600 series” items destined to, or in, Country Group D:5 are eligible for License Exception GOV (§ 740.11(b)(2) of the EAR); and (ii) 1A613.c or .d items destined to, or in, Country Group D:5 are eligible for License Exception TMP (§ 740.9(a)(11) of the EAR) or License Exception BAG (§ 740.14(h)(2) of the EAR). (13) “600 series” items that are controlled for missile technology (MT) reasons may not be exported, reexported, or transferred (in-country) under License Exception STA (§ 740.20), except ECCN 9A610.a. Items controlled under ECCNs 9D610.b, 9D619.b, 9E610.b, or 9E619.b or .c are not eligible for license exceptions except for License Exception GOV (§ 740.11(b)(2)). Only the following license exceptions may be used to export “600 series” items to destinations other than those identified in Country Group D:5 or Hong Kong (see supplement no. 1 to this part): (i) License Exception LVS (§ 740.3 of the EAR); (ii) License Exception TMP (§ 740.9 of the EAR); (iii) License Exception RPL (§ 740.10 of the EAR); (iv) License Exception TSU (§ 740.13(a), (b), (f) and (g) of the EAR); (v) License Exception GOV (§ 740.11(b) or (c) of the EAR); (vi) License Exception BAG (§ 740.14); and (vii) License Exception STA under § 740.20(c)(1) of the EAR, provided all of the applicable terms and conditions, including those specific to the “600 series” are met. (14) Items classified under ECCNs 0A521, 0B521, 0C521, 0D521 and 0E521 may only be authorized by License Exception GOV (§ 740.11(b)(2)(ii)) or an item-specific license exception identified in supplement no. 5 to part 774 for a particular ECCN 0Y521 item. Note to paragraph ( a Item-specific license exception availability is specific to each ECCN 0Y521 entry in supplement no. 5 to part 774 and may not be used for any other ECCN 0Y521 entries in the supplement. The U.S. Government makes a determination at the time items are classified under ECCNs 0A521, 0B521, 0C521, 0D521 and 0E521 regarding whether any license exceptions will be available, in addition to License Exception GOV (§ 740.11(b)(2)(ii)). (15) If they are sold under a contract that includes $14,000,000 or more of “600 Series Major Defense Equipment” (as defined in § 772.1), exports of “600 series” items to a country not listed in Country Group A:5 (see supplement no. 1 to part 740 of the EAR), are not eligible for any license exception except to U.S. Government end users under License Exception GOV (§ 740.11(b) of the EAR). (16) If they are sold under a contract that includes $25,000,000 or more of “600 Series Major Defense Equipment” (as defined in § 772.1), exports of “600 series” items to a country listed in Country Group A:5 (see supplement no. 1 to part 740 of the EAR), are not eligible for any license exception except to U.S. Government end users under License Exception GOV (§ 740.11(b) of the EAR). (17) A party to the transaction, as described in § 748.5 of the EAR, is listed on the Unverified List in supplement no. 6 to part 744, see § 744.15 of the EAR. (18) 9x515 items that are controlled for missile technology (MT) reasons may not be exported, reexported, or transferred (in-country) under License Exception STA (§ 740.20 of the EAR). (19) The exporter or reexporter to Hong Kong of any item subject to the EAR and controlled on the CCL for NS, MT, NP Column 1, or CB reasons has not received one of the following with respect to the item: (i) A copy of an import license issued to the Hong Kong importer by the Government of the Hong Kong Special Administrative Region, pursuant to the Hong Kong Import and Export (Strategic Commodities) Regulations, that covers all items to be exported or reexported pursuant to that license exception for which a Hong Kong import license is required and that is valid on the date of the export or reexport that is subject to the EAR; or (ii) A copy of a written statement issued by the Government of the Hong Kong Special Administrative Region that no import license is required to import into Hong Kong the item(s) to be exported or reexported. The statement may have been issued directly to the Hong Kong importer or it may be a written statement available to the general public. The statement may be used for more than one export or reexport to Hong Kong so long as it remains an accurate statement of Hong Kong law. (20) The reexporter from Hong Kong of any item subject to the EAR controlled on the CCL for NS, MT, NP column 1, or CB reasons has not received one of the following with respect to the item: (i) An export license issued by the Government of the Hong Kong Special Administrative Region, pursuant to the Hong Kong Import and Export (Strategic Commodities) Regulations, that covers all items to be reexported pursuant to that license exception for which a Hong Kong export license is required and that is valid on the date of the reexport that is subject to the EAR; or (ii) A copy of a written statement issued by the Government of the Hong Kong Special Administrative Region that no Hong Kong export license is required for the item(s) to be rexported. The statement may have been issued directly to the Hong Kong reexporter or it may be a written statement available to the general public. The statement may be used for more than one reexport from Hong Kong so long as it remains an accurate statement of Hong Kong law. (21) The reexport or transfer (in-country) of firearms classified under ECCNs 0A501, 0A502, 0A506, 0A507, or 0A508 with either an ITAR-defined “foreign defense article” (22 CFR 120.39) that is not subject to Department of State jurisdiction that is incorporated into the firearm or “knowledge” that an ITAR-defined “defense article” (22 CFR 120.31) will be subsequently incorporated into the firearm, where the “(foreign) defense article” is described in USML Category I(h)(2). In such instances, no license exceptions are available except for License Exception GOV (§ 740.11(b)(2)(ii)). (22) The item being exported, reexported, or transferred (in-country) is eligible for § 740.24 and the license exception is other than IEC, TMP, RPL, GOV, or TSU, subject to the limitations in this paragraph (a)(22). License Exception IEC is available as specified in § 740.24. License Exception TMP is restricted to eligibility under the provisions of § 740.9(a)(3) and (a)(6); RPL is restricted to eligibility under the provisions of § 740.10; GOV is restricted to eligibility under the provisions of § 740.11(b); and TSU is restricted to eligibility under the provisions of § 740.13(a) and (c). (23) Exports, reexports, or transfers (in-country) of semi-automatic firearms or shotguns controlled under ECCNs 0A506, 0A507, or 0A508 sold under a contract or otherwise part of an export that includes $4,000,000 or more of such items are not eligible for any license exceptions except to personnel and agencies of the U.S. Government under License Exception GOV (§ 740.11(b) of the EAR), for official use by an agency of NATO, or where a license exception would otherwise be available for the export, reexport, or transfer (in-country) of such items to a destination specified in Country Groups A:5 or A:6 (see supplement no. 1 to part 740 of the EAR) except Mexico, South Africa, or Turkey. (24) [Reserved] (25) No license exception is available for the export, reexport, or transfer (in-country) to or within Pakistan of items controlled under ECCNs 1B999, 2A992, 2B999 (except 2B999.h.2), 3A992, 3A999, or 6A996 (see § 742.6(a)(12) of the EAR), apart from TMP (limited to 740.9(a)(1), (a)(4), (a)(5), (a)(10), (b)(2), and (b)(3)), RPL (740.10), or GOV (740.11(a), (b), or (d)). (26) The item being exported, reexported, or transferred (in-country) under License Exception STA is destined to or within the UAE and either the ultimate consignee or any end user is not an approved entity listed in supplement no. 8 to this part and specified as approved for License Exception STA. Note to paragraph ( a Items subject to the exclusive export control jurisdiction of another agency of the U.S. Government may not be authorized by a license exception or any other authorization under the EAR. If your item is subject to the exclusive jurisdiction of another agency of the U.S. Government, you must determine your export licensing requirements pursuant to the other agency's regulations. See § 734.3(b) and supplement no. 3 to part 730 of the EAR for other U.S. Government departments and agencies with export control responsibilities. (b) All License Exceptions are subject to revision, suspension, or revocation, in whole or in part, without notice to protect U.S. national security or foreign policy interests. BIS may stop a shipment or an export, reexport, or (in-country) transaction at any stage of its progress, e.g., (c) BIS may by informing the exporter, suspend or revoke any License Exception in order to comply with U.S. Wassenaar obligations. In addition, BIS may inform an exporter, that before using any License Exception, a notice be submitted with BIS concerning the proposed export. (d) See § 746.3 for restrictions on certain transfers within Iraq of items exported or reexported to Iraq pursuant to a License Exception. [61 FR 12768, Mar. 25, 1996] Editorial Note: For Federal Register www.govinfo.gov. § 740.3 Shipments of limited value (LVS). (a) Scope. (b) Eligible destinations. (c) Definitions Order. order (2) Net value: for LVS shipments. (3) Single shipment. (d) Additional eligibility requirements and restrictions Eligible orders. (i) Orders must not exceed the applicable “LVS” dollar value limits. (ii) Orders may not be split to meet the applicable LVS dollar limits. (iii) Orders must be legitimate. (2) Restriction on annual value of LVS orders. (3) Orders where two or more LVS dollar value limits apply. Example to paragraph (d)(3): An order includes commodities valued at $8,000. The order consists of commodities controlled under two ECCN entries, each having an LVS value limit of $5000. Commodities in the order controlled under one ECCN are valued at $3,500 while those controlled under the other ECCN are valued at $4,500. Since the net value of the commodities controlled under each entry falls within the LVS dollar value limits applicable to that entry, the order may be shipped under this License Exception. (4) Prohibition against evasion of license requirements. (5) Exports and reexports of encryption components or spare parts. (e) Reexports. (f) Reporting requirements. See [61 FR 64274, Dec. 4, 1996, as amended at 63 FR 2456, Jan. 15, 1998; 63 FR 50520, Sept. 22, 1998; 73 FR 57504, Oct. 3, 2008; 89 FR 34702, Apr. 30, 2024; 90 FR 47192, Sept. 30, 2025] § 740.4 Shipments to Country Group B countries (GBS). License Exception GBS authorizes exports and reexports to Country Group B (see Supplement No. 1 to part 740), except Sudan and Ukraine, of those commodities where the Commerce Country Chart (Supplement No. 1 to part 738 of the EAR) indicates a license requirement to the ultimate destination for national security reasons only and identified by “GBS—Yes” on the CCL. See § 743.1 of the EAR for reporting requirements for exports of certain commodities under License Exception GBS. [86 FR 4933, Jan. 19, 2021] § 740.5 License Exception Syria Peace and Prosperity (SPP) (a) Scope. (b) Restrictions. [90 FR 42320, Sept. 2, 2025] § 740.6 Technology and software under restriction (TSR). (a) Scope. (1) Required assurance for export of technology. (i) Reexport or release the technology to a national of a country in Country Groups D:1, E:1, or E:2; or (ii) Export to Country Groups D:1, E:1, or E:2 the direct product of the technology, if such foreign produced direct product is subject to national security controls as identified on the CCL (See General Prohibition Three, § 736.2(b)(3) of the EAR); or (iii) If the direct product of the technology is a complete plant or any major components of a plant, export to Country Groups D:1, E:1, or E:2 of the direct product of the plant or major components thereof, if such foreign produced direct product is subject to national security controls as identified on the CCL or is “subject to the ITAR” (see 22 CFR parts 120 through 130). (iv) Reexport to a destination in Country Group D:5, a destination subject to the Regional Stability control under ECCN 3A999, or Macau or release the technology to a national of such destinations, if the technology is controlled under ECCN 3E069. (2) Required assurance for export of software. (i) Reexport or release the software or the source code for the software to a national of a country in Country Groups D:1, E:1, or E:2; nor (ii) Export to Country Groups D:1, E:1, or E:2 the direct product of the software, if such foreign produced direct product is subject to national security controls as identified on the CCL. (See General Prohibition Three, § 736.2(b)(3) of the EAR). (3) Form of written assurance. (4) Other License Exceptions. (b) Reporting requirements. [61 FR 64275, Dec. 4, 1996, as amended at 63 FR 50520, Sept. 22, 1998; 63 FR 55019, Oct. 14, 1998; 69 FR 5690, Feb. 6, 2004; 75 FR 44890, July 30, 2010; 78 FR 61901, Oct. 4, 2013; 80 FR 43318, July 22, 2015; 85 FR 84213, Dec. 28, 2020; 86 FR 4933, Jan. 19, 2021; 90 FR 4615, Jan. 16, 2025] § 740.7 Computers (APP). (a) Scope Commodities. (2) Technology and software. (b) Restrictions. (2) Access and release restrictions. (ii) Technology and source code. (3) Computers and software eligible for License Exception APP may not be reexported or transferred (in country) without prior authorization from BIS, i.e., (4) You may not use this License Exception to export or reexport items that you know will be used to enhance the APP beyond the eligibility limit allowed to your country of destination. (5) License Exception APP does not authorize exports, reexports and transfers (in-country) for nuclear, chemical, biological, or missile end-users and end-uses subject to license requirements under §§ 744.2, 744.3, 744.4, and 744.5 of the EAR. Such exports, reexports and transfers (in-country) will continue to require a license and will be considered on a case-by-case basis. Reexports and transfers (in-country) to these end-users and end-uses in eligible countries are strictly prohibited without prior authorization. (6) Foreign nationals in an expired visa status are not eligible to receive deemed exports of technology or source code under this License Exception. It is the responsibility of the exporter to ensure that, in the case of deemed exports, the foreign national maintains a valid U.S. visa, if required to hold a visa from the United States. (c) Computer Tier 1 destinations Eligible destinations. (2) Eligible commodities. (3) Eligible technology and software. (ii) “Development” and “production” technology and source code described in paragraph (a)(2) of this section for computers with a APP less than or equal to 175 Weighted TeraFLOPS (WT) are eligible for deemed exports under License Exception APP to foreign nationals of Tier 1 destinations, other than the destinations that are listed in paragraph (c)(3)(i) of this section, subject to the restrictions in paragraph (b) of this section. (iii) “Use” technology and source code described in paragraph (a)(2) of this section for computers with a APP less than or equal to 500 WT are eligible for deemed exports under License Exception APP to foreign nationals of Tier 1 destinations, other than the destinations that are listed in paragraph (c)(3)(i) of this section, subject to the restrictions in paragraph (b) of this section. (d) Computer Tier 3 destinations Eligible destinations. (2) Eligible commodities. (3) Eligible technology and source code. (ii) “Use” technology and source code described in paragraph (a)(2) of this section for computers with an APP less than or equal to 140 WT are eligible for deemed exports under License Exception APP to foreign nationals of Tier 3 destinations as described in paragraph (d)(1) of this section, subject to the restrictions in paragraph (b) of this section. (e) Reporting requirements. [71 FR 20883, Apr. 24, 2006] Editorial Note: For Federal Register § 740.8 Notified Advanced Computing (NAC) and Advanced Computing Authorized (ACA). (a) Eligibility requirements. (1) Written purchase order. (2) NAC Notification to BIS Notification requirement. (ii) Multiple exports and reexports. (3) In relation to License Exception ENC and ECCNs 5A002.z, 5A004.z, or 5D002.z. (b) Restrictions. (c) NAC Prior notification procedures Procedures. (i) Total Processing Performance of the item, as defined in ECCN 3A090; (ii) Performance density of the item, as defined in ECCN 3A090; (iii) Data sheet or other documentation showing how the item is designed and marketed (in particular, whether it is designed or marketed for datacenter use); (iv) All NAC and license approvals to the end-user in the past 12 months; (v) Memory bandwidth of the item(s); and (vi) Whether the items are destined for use in a computing cluster, and, if so: (A) The computing power of the computing cluster, measured in the aggregate TPP of all chips used in the cluster once the cluster is complete; and (B) Whether the cluster will be: ( 1 ( 2 (2) Action by BIS for NAC notifications. https://snapr.bis.doc.gov/stela (3) Status of pending NAC notification requests. (4) Actions that delay processing of NAC notifications. i.e., (i) Lapse in appropriations. (ii) Catastrophic event (e.g., an extreme weather event that impacts government services). (iii) Multi-day processing system failure. [89 FR 23884, Apr. 4, 2024, as amended at 89 FR 96814, Dec. 5, 2024; 90 FR 4558, Jan. 15, 2025] § 740.9 Temporary imports, exports, reexports, and transfers (in-country) (TMP). This License Exception authorizes various temporary exports and reexports; exports and reexports of items temporarily in the United States; and exports and reexports of beta test software. (a) Temporary exports, reexports, and transfers (in-country). Firearms and firearms-related commodities used as tools of trade” (1) Tools of trade (apart from firearms and firearms-related commodities). (i) Use of secure connections, such as Virtual Private Network connections, when accessing IT networks for activities that involve the transmission and use of the software authorized under this license exception; (ii) Use of password systems on electronic devices that store the software authorized under this license exception; and (iii) Use of personal firewalls on electronic devices that store the software authorized under this license exception. (2) Firearms and firearms-related commodities used as tools of trade. (i) No more than three firearms and no more than 1,000 rounds of ammunition may be exported, reexported, or transferred (in-country) as tools of trade under this paragraph (a)(2); (ii) “Parts,” “components,” “accessories,” and “attachments” in ECCNs 0A501, 0A502, 0A509 or commodities controlled under 0A504 exported or reexport pursuant to this paragraph (a)(2)(ii) must be of a kind and limited to quantities that are reasonable for the activities described in paragraph (a)(2)(iii) of this section or that are necessary for routine use or maintenance of the commodities being exported; (iii) The commodities described in this paragraph (a)(2) must be for the exclusive use for legitimate business purposes, such as for personal protection or the protection of property or individuals, and not for resale or other transfer of ownership or control. The commodity must remain under the “effective control” of its owner or an employee of the owner of the commodity. All commodities described in this paragraph (a)(2) must be returned to the United States or to the country from which the reexport originates. Note that since certain countries may require an Import Certificate or a U.S. export license before allowing the import of a firearm, you should determine the import requirements of the country of destination in advance; and (iv) Travelers leaving the United States temporarily are required to declare the firearms, “parts,” “components,” “accessories,” “attachments,” and ammunition being exported under this License Exception to a Customs and Border Protection (CBP) officer prior to departure from the United States and present such items to the CBP officer for inspection, confirming that the authority for the export is License Exception TMP and that the exporter has complied with its terms. (3) “Technology,” regardless of media or format, may be exported, reexported, or transferred (in-country) by or to a U.S. person, or a foreign person employee of a U.S. person traveling or on temporary assignment abroad, subject to the following restrictions: (i) Foreign persons may only export, reexport, transfer (in country) or receive such “technology” as they are authorized to receive through a license, license exception other than TMP or because no license is required. (ii) “Technology” exported, reexported, or transferred under this authorization may only be possessed or used by a U.S. person or authorized foreign person. Sufficient security precautions must be taken to prevent the unauthorized release of the “technology.” Such security precautions may include encryption of the “technology,” the use of secure network connections, such as Virtual Private Networks, the use of passwords or other access restrictions on the electronic device or media on which the “technology” is stored, and the use of firewalls and other network security measures to prevent unauthorized access. (iii) The individual is an employee of the U.S. Government or is directly employed by a U.S. person and not, e.g., (iv) “Technology” authorized under this exception may not be used for foreign production purposes or for technical assistance unless authorized through a license or license exception other than TMP. (4) Kits consisting of replacement parts or components. (i) The parts and components would qualify for shipment under paragraph (a)(4)(iii) of this section if exported as one-for-one replacements; (ii) The kits remain under effective control of the exporter or an employee of the exporter; and (iii) All parts and components in the kit are returned, except that one-for-one replacements may be made in accordance with the requirements of License Exception RPL and the defective parts and components returned (see Parts, Components, Accessories and Attachments in § 740.10(a) of this part). (5) Exhibition and demonstration. (6) Inspection, test, calibration, and repair. (7) Containers. (8) Assembly in Mexico. (9) News media. i.e., (A) Are retained under “effective control” of the exporting news-gathering firm in the country of destination; (B) Remain in the physical possession of the news media personnel in the country of destination. The term physical possession for purposes of this paragraph (a)(9) means maintaining effective measures to prevent unauthorized access (e.g., securing equipment in locked facilities or hiring security guards to protect the equipment); and (C) Are removed with the news media personnel at the end of the trip. (ii) When exporting under this paragraph (a)(9) from the United States, the exporter must email a copy of the packing list or similar identification of the exported commodities, to [email protected] (iii) Commodities or software necessary for news-gathering purposes that accompany news media personnel to all other destinations shall be exported, reexported, or transferred (in-country) under paragraph (a)(1), tools of trade, tools of trade, news media, (10) Temporary exports to a U.S. person's foreign subsidiary, affiliate, or facility abroad. (11) Personal protective “equipment” classified under ECCN 1A613.c or .d and individual protection “equipment” classified under ECCN 1A607.f Temporary exports, reexports, or in-country transfers to countries not identified in Country Group D:5. (A) The items are with the U.S. person's baggage or effects, whether accompanied or unaccompanied (but not mailed); and (B) The items are for that U.S. person's exclusive use and not for transfer of ownership unless reexported or transferred (in-country) to another U.S. person. (ii) Temporary exports, reexports, or transfers (in-country) to countries identified in Country Group D:5 Iraq. (B) Other countries in Country Group D:5. (iii) Items exported, reexported, or transferred (in-country) under this paragraph (a)(11), if not consumed or destroyed in the normal course of authorized temporary use abroad, must be returned to the United States or other country from which the items were so transferred as soon as practicable but no later than four years after the date of export, reexport or transfer (in-country). (12) U.S. persons. (13) Destinations. (14) Return or disposal of items. (i) Permanent export, reexport, or transfer (in-country). (ii) Use of a license. (iii) Authorization to retain item abroad beyond one year. (b) Exports of items temporarily in the United States. (1) Items moving in transit through the United States. (i) Items controlled for national security (NS) reasons, nuclear proliferation (NP) reasons, chemical and biological weapons (CB), or missile technology reasons (MT) reasons may not be exported to Country Group D:1, D:2, D:3, or D:4 (see supplement no. 1 to part 740), respectively, under this paragraph (b)(1). (ii) Items may not be exported to Country Group E:1 under this section. (iii) The following may not (A) Commodities shipped to the United States under an International Import Certificate, Form BIS-645P; (B) Chemicals controlled under ECCN 1C350; or (C) Horses for export by sea (refer to short supply controls in part 754 of the EAR). (iv) The authorization to export in paragraph (b)(1) shall apply to all shipments from Canada moving in transit through the United States to any foreign destination, regardless of the nature of the commodities or software or their origin, notwithstanding any other provision of this paragraph (b)(1). (2) Items imported for marketing, or for display at U.S. exhibitions or trade fairs. and (i) Items may be exported to the country from which imported into the United States. However, items originally imported from Cuba may not be exported unless the U.S. Government had licensed the import from that country. (ii) Items may be exported to any destination other than the country from which imported except: (A) Items imported into the United States under an International Import Certificate; (B) Exports to Country Group E:1 (see supplement no. 1 to part 740); or (C) Exports to Country Groups D:1, D:2, D:3, or D:4 (see supplement no. 1 to part 740) of items controlled for national security (NS) reasons, nuclear nonproliferation (NP) reasons, chemical and biological weapons (CB) reasons, or missile technology (MT) reasons, respectively. (3) Return of foreign-origin items. (4) Return of shipments refused entry. (i) A destination in Cuba; or (ii) A destination from which the shipment has been refused entry because of the Foreign Assets Control Regulations of the Treasury Department, unless such return is licensed or otherwise authorized by the Treasury Department, Office of Foreign Assets Control (31 CFR parts 500-599). (5) Exports of firearms and certain shotguns temporarily in the United States. (i) The firearms were not shipped from or manufactured in a U.S. arms embargoed country, i.e., (ii) The firearms were not shipped from or manufactured in Georgia, Kazakhstan, Kyrgyzstan, Moldova, Turkmenistan, Ukraine, or Uzbekistan, except for any firearm model controlled by 0A501, 0A506, or 0A507 that is specified under annex A in supplement no. 4 to this part; and (iii) The firearms are not ultimately destined to a U.S. arms embargoed country, i.e., (iv) When the firearms entered the U.S. as a temporary import, the temporary importer or its agent: (A) Provided the following statement to U.S. Customs and Border Protection: “This shipment will be exported in accordance with and under the authority of License Exception TMP (15 CFR 740.9(b)(5))”; (B) Provided to U.S. Customs and Border Protection an invoice or other appropriate import-related documentation (or electronic equivalents) that includes a complete list and description of the firearms being temporarily imported, including their model, make, caliber, serial numbers, quantity, and U.S. dollar value; and (C) Provided (if temporarily imported for a trade show, exhibition, demonstration, or testing) to U.S. Customs and Border Protection the relevant invitation or registration documentation for the event and an accompanying letter that details the arrangements to maintain effective control of the firearms while they are in the United States; and (v) In addition to the export clearance requirements of part 758 of the EAR, the exporter or its agent must provide the import documentation related to paragraph (b)(5)(iv)(B) of this section to U.S. Customs and Border Protection at the time of export. Note 1 to paragraph ( b In addition to complying with all applicable EAR requirements for the export of commodities described in paragraph (b)(5) of this section, exporters and temporary importers should contact U.S. Customs and Border Protection (CBP) at the port of temporary import or export, or at the CBP website, for the proper procedures for temporarily importing or exporting firearms controlled in ECCNs 0A501.a or .b, 0A506, or 0A507, or shotguns with a barrel length less than 18 inches controlled in ECCN 0A502 or 0A508, including regarding how to provide any data or documentation required by BIS. Note 2 to paragraph ( b A commodity withdrawn from a bonded warehouse in the United States under a ‘withdrawal for export’ customs entry is considered as ‘moving in transit’. It is not considered as ‘moving in transit’ if it is withdrawn from a bonded warehouse under any other type of customs entry or if its transit has been broken for a processing operation, regardless of the type of customs entry. Note 3 to paragraph ( b Items shipped on board a vessel or aircraft and passing through the United States from one foreign country to another may be exported without a license provided that (a) while passing in transit through the United States, they have not been unladen from the vessel or aircraft on which they entered, and (b) they are not originally manifested to the United States. Note 4 to paragraph ( b A shipment originating in Canada or Mexico that incidentally transits the United States en route to a delivery point in the same country does not require a license. (c) Exports of beta test software Scope. (2) Eligible countries. (3) Eligible software. (4) Conditions for use. (i) The software producer intends to market the software to the general public after completion of the beta testing, as described in the General Software Note (see supplement no. 2 to part 774 of the EAR) or the Cryptography Note in Category 5, Part 2 (“Information Security”) of the Commerce Control List (see supplement no.1 to part 774 of the EAR); (ii) The software producer provides the software to the testing consignee free-of-charge or at a price that does not exceed the cost of reproduction and distribution; and (iii) The software is designed for installation by the end-user without further substantial support from the supplier. (5) Importer Statement. “We certify that this beta test software will only be used for beta testing purposes, and will not be rented, leased, sold, sublicensed, assigned, or otherwise transferred. Further, we certify that we will not transfer or export any product, process, or service that is the direct product of the beta test software.” (6) Use limitations. (7) Return or disposal of software. (8) Notification of beta test encryption software implementing “non-standard cryptography.” [email protected] [email protected]. [61 FR 64277, Dec. 4, 1996. Redesignated at 61 FR 68579, Dec. 30, 1996] Editorial Note: For Federal Register www.govinfo.gov. § 740.10 License Exception Servicing and replacement of parts and equipment (RPL). License Exception RPL authorizes exports and reexports associated with one-for-one replacement of parts, components, accessories, and attachments. License Exception RPL also authorizes exports and reexports of certain items currently “subject to the EAR” to or for, or to replace, a defense article described in an export or reexport authorization issued under the authority of the Arms Export Control Act. It does not, however, authorize the export or reexport of defense articles subject to the ITAR, i.e., described on the United States Munitions List (22 CFR 121.1). (a) Parts, components, accessories, and attachments Scope. (2) One-for-one replacement of parts, components, accessories, or attachments. replacement parts, components, accessories, or attachments subassembly’ (ii) Parts, components, accessories, and attachments may be exported only to replace, on a one-for-one basis, parts, components, accessories, or attachments, respectively, contained in commodities that were: Lawfully exported from the United States; lawfully reexported; or made in a foreign country incorporating authorized parts, components, accessories, or attachments “subject to the EAR” (see § 734.2(a) of the EAR). “600 series” parts, components, accessories and attachments may be exported only to replace, on a one-for-one basis, parts, components, accessories, or attachments that were: lawfully exported from the United States, or lawfully reexported. The conditions of the original U.S. authorization must not have been violated. Accordingly, the export of replacement parts, components, accessories, and attachments may be made only by the party who originally exported or reexported the commodity to be repaired, or by a party that has confirmed the existence of appropriate authority for the original transaction. (iii) The parts, components, accessories, or attachments to be replaced must either be destroyed abroad or returned promptly to the person who supplied the replacements, or to a foreign firm that is under the effective control of that person. (3) Exclusions to License Exception RPL. (ii) No parts, components, accessories, or attachments may be exported to be held abroad as spares for future use. Replacements may be exported to replace spares that were authorized to accompany the export of equipment or other end items as those spares are used in the repair of the equipment or other end item. This allows maintenance of the stock of spares at a consistent level as the parts, components, accessories, or attachments are used. (iii) No parts, components, accessories, or attachments may be exported to any destination, except the countries listed in supplement no. 3 to part 744 of the EAR (Countries Not Subject to Certain Nuclear End Use Restrictions in § 744.2(a)), if the item is to be incorporated into or used in nuclear weapons, nuclear explosive devices, nuclear testing related to activities described in § 744.2(a) of the EAR, the chemical processing of irradiated special nuclear or source material, the production of heavy water, the separation of isotopes of source and special nuclear materials, or the fabrication of nuclear reactor fuel containing plutonium, as described in § 744.2(a) of the EAR. (iv) No replacement parts, components, accessories, or attachments may be exported to countries in Country Group E:1 (see supplement no. 1 to this part) (countries designated by the Secretary of State as supporting acts of international terrorism) if the commodity to be repaired is an “aircraft” (as defined in § 772.1 of the EAR) or is controlled for national security (NS) reasons. (v) No replacement parts, components, accessories, or attachments may be exported to countries in Country Group E:1 (see supplement no. 1 to this part) if the commodity to be repaired is explosives detection equipment classified under ECCN 2A983 or related software classified under ECCN 2D983. (vi) No replacement parts, components, accessories, or attachments may be exported to countries in Country Group E:1 (see supplement no. 1 to this part) if the commodity to be repaired is concealed object detection equipment classified under ECCN 2A984 or related software classified under ECCN 2D984. (vii) The conditions described in this paragraph (a)(3) relating to replacement of parts, components, accessories, or attachments do not apply to reexports to a foreign country of parts, components accessories, or attachments as replacements in foreign-origin products, if at the time the replacements are furnished, the foreign-origin product is eligible for export to such country under any of the license exceptions in this part or the exceptions in § 734.4 of the EAR ( De minimis (viii) “Parts,” “components,” “accessories,” and “attachments” classified in 9x515 or “600 series” ECCNs may not be exported or reexported to a destination listed in Country Group D:5 (see supplement no. 1 to this part). (4) Reexports. (ii) The conditions described in paragraph (a)(3) relating to replacement of “parts,” “components,” “accessories,” or “attachments” (excluding 9x515 and “600 series” ECCNs) do not apply to reexports to a foreign country of “parts,” “components,” “accessories,” or “attachments” as replacements in foreign-origin products, if at the time the replacements are furnished, the foreign-origin product is eligible for export to such country under any of the License Exceptions in this part or the foreign-origin product is not subject to the EAR pursuant to § 734.4. (b) Servicing and replacement (2) Commodities and software sent to a United States or foreign party for servicing. (i) Definition. (ii) Return of serviced commodities and software. (iii) Commodities and software imported from Country Group D:1 except the People's Republic of China (PRC). (A) The exporter making the shipment is the same person or firm to whom the original license was issued; and (B) The end use and the end user of the serviced commodities or software and other particulars of the transaction, as set forth in the application and supporting documentation that formed the basis for issuance of the license have not changed. (iv) Terrorist supporting countries. (3) Replacements for defective or unacceptable equipment “subject to the EAR.” (i) Subject to the following conditions, commodities or software may be exported or reexported to replace defective or otherwise unusable (e.g., erroneously supplied) items. (A) The commodity or software is “subject to the EAR” (see § 734.2(a) of the EAR). (B) The commodity or software to be replaced must have been previously exported or reexported in its present form under a license or authorization granted by BIS or an authorization, e.g., a license or exemption, issued under the authority of the Arms Export Control Act. (C) No commodity or software may be exported or reexported to replace equipment that is worn out from normal use, nor may any commodity or software be exported to be held in stock abroad as spare equipment for future use. (D) The replacement item may not improve the basic characteristic, e.g., as to accuracy, capability, performance, or productivity, of the equipment as originally authorized, e.g., under a license, license exception or an exemption, for export or reexport. (E) No shipment may be made to countries in Country Group E:1 (see supplement no. 1 to this part), or to any other destination to replace defective or otherwise unusable equipment owned or controlled by, or leased or chartered to, a national of any of those countries. (F) Commodities or “software” “subject to the EAR” and classified in 9x515 or “600 Series” ECCNs may not be exported or reexported to a destination identified in Country Group D:5 (see supplement no. 1 to this part). (ii) In addition to the general conditions in paragraph (b)(3)(i) of this section, the following conditions apply to exports or reexports of replacements for defective or unacceptable commodities or software “subject to the EAR” (see § 734.2(a) of the EAR) to a destination in Country Group B or Country Group D:1 (see supplement no. 1 to this part): (A) By making such an export or reexport, the exporter represents that all the requirements of this paragraph (b) have been met and undertakes to destroy or return the replaced parts as provided in paragraph (b)(3)(ii)(C) of this section. (B) The defective or otherwise unusable equipment must be replaced free of charge, except for transportation and labor charges. If exporting to the countries listed in Country Group D:1 (except the PRC), the exporter shall replace the commodity or software within the warranty period or within 12 months of its shipment to the ultimate consignee in the country of destination, whichever is shorter. (C) The commodity or software to be replaced must either be destroyed abroad or returned to the United States, or to a foreign firm in Country Group B that is under the effective control of the exporter, or to the foreign firm that is providing the replacement part or equipment. The destruction or return must be effected before, or promptly after, the replacement item is exported from the United States. (D) A party reexporting replacements for defective or unacceptable U.S.-origin equipment must ensure that the commodities or software being replaced were shipped to their present location in accordance with U.S. law and continue to be legally used. See § 764.7 of the EAR for exports or reexports to the installed base in Libya. (4) This paragraph (b)(4) authorizes the export of firearms controlled by ECCNs 0A501.a or .b, 0A506, 0A507 or shotguns with a barrel length less than 18 inches controlled in ECCNs 0A502 or 0A508 that are temporarily in the United States for servicing or replacement for a period not exceeding one year or the time it takes to service or replace the commodity, whichever is shorter, provided that the requirements of paragraph (b)(2) or (3) of this section are met and: (i) The firearms were not shipped from or manufactured in Russia, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Turkmenistan, Ukraine, or Uzbekistan, except for any firearm model controlled by 0A501, 0A506, or 0A507 that is specified under Annex A in Supplement No. 4 to this part; (ii) When the firearms entered the U.S. as a temporary import, the temporary importer or its agent: (A) Provided the following statement to U.S. Customs and Border Protection: “This shipment will be exported in accordance with and under the authority of License Exception RPL (15 CFR 740.10(b))”; (B) Provided to U.S. Customs and Border Protection an invoice or other appropriate import-related documentation (or electronic equivalents) that includes a complete list and description of the firearms being temporarily imported, including their model, make, caliber, serial numbers, quantity, and U.S. dollar value; and (C) Provided (if temporarily imported for servicing or replacement) to U.S. Customs and Border Protection the name, address and contact information (telephone number and/or email) of the organization or individual in the U.S. that will be receiving the item for servicing or replacement; and (iii) In addition to the export clearance requirements of part 758 of the EAR, the exporter or its agent must provide the import documentation related to paragraph (b)(4)(iii)(B) of this section to U.S. Customs and Border Protection at the time of export. Note 1 to paragraph ( b In addition to complying with all applicable EAR requirements for the export of commodities described in this paragraph (b)(4), exporters and temporary importers should contact U.S. Customs and Border Protection (CBP) at the port of temporary import or export, or at the CBP website, for the proper procedures for temporarily importing or exporting firearms controlled in ECCN 0A501.a or .b, 0A506, 0A507 or shotguns with a barrel length less than 18 inches controlled in ECCN 0A502 or 0A508, including regarding how to provide any data or documentation required by BIS. (c) Special recordkeeping requirements: ECCNs 2A983, 2A984, 2D983 and 2D984, and “600 Series” ECCNs. (i) A description of the item replaced, repaired or serviced; (ii) The type of repair or service; (iii) Certification of the destruction or return of item replaced; (iv) Location of the item replaced, repaired or serviced; (v) The name and address of those who received the items for replacement, repair, or service; (vi) Quantity of items shipped; and (vii) Country of ultimate destination. (2) Records maintained pursuant to this section may be requested at any time by an appropriate BIS official as set forth in § 762.7 of the EAR. Records that must be included in the annual or semi-annual reports of exports and reexports of “600 Series” items under the authority of License Exception RPL are described in §§ 743.4 and 762.2(b) of the EAR. [78 FR 22712, Apr. 16, 2013, as amended at 78 FR 61901, Oct. 4, 2013; 79 FR 27435, May 13, 2014; 79 FR 32623, June 5, 2014; 79 FR 48661, Aug. 18, 2014; 85 FR 4174, Jan. 23, 2020; 87 FR 62198, Oct. 13, 2022; 89 FR 34703, Apr. 30, 2024] § 740.11 Governments, international organizations, international inspections under the Chemical Weapons Convention, and the International Space Station (GOV). This License Exception authorizes exports and reexports for international nuclear safeguards; U.S. government agencies or personnel; agencies of cooperating governments; international inspections under the Chemical Weapons Convention; and the International Space Station. Commodities listed in ECCNs 0A501, 0A506, 0A507, 0A508, and 0A509 are eligible only for transactions described in paragraphs (b)(2)(i) and (ii) of this section. Any item listed in a 0x5zz ECCN for export, reexport, or transfer (in-country) to an E:1 country is eligible only for transactions described in paragraphs (b)(2)(i) and (ii) solely for U.S. Government official use of this section. (a) International safeguards Scope. (i) Commodities or software consigned to the IAEA at its headquarters in Vienna, Austria or its field offices in Toronto, Ontario, Canada or in Tokyo, Japan for official international safeguards use. (ii) Commodities or software consigned to the Euratom Safeguards Directorate in Luxembourg, Luxembourg for official international safeguards use. (iii) Commodities or software consigned to IAEA or Euratom may be reexported to any country for IAEA or Euratom international safeguards use provided that IAEA or Euratom maintains control of or otherwise safeguards the commodities or software and returns the commodities or software to the locations described in paragraphs (a)(1)(i) and (a)(1)(ii) of this section when they become obsolete, are no longer required, or are replaced. (iv) Commodity or software shipments may be made by persons under direct contract with IAEA or Euratom, or by Department of Energy National Laboratories as directed by the Department of State or the Department of Energy. (v) The monitoring functions of IAEA and Euratom are not subject to the restrictions on prohibited safeguarded nuclear activities described in § 744.2(a)(3) of the EAR. (vi) When commodities or software originally consigned to IAEA or Euratom are no longer in IAEA or Euratom official safeguards use, such commodities may be disposed of by destruction or by reexport or transfer in accordance with the EAR. (2) Restrictions. except (ii) Items on the Very Sensitive List (see supplement no. 7 to part 774 of the EAR) may not be exported, reexported, or transferred (in-country) under this paragraph (a). (iii) Encryption items controlled for EI reasons under ECCNs 5A002, 5A004, 5D002, or 5E002 may not be exported, reexported, or transferred (in-country) under this paragraph (a). See § 740.17 of the EAR (License Exception ENC) for possible alternative license exception authorization. (iv) Without prior authorization from the Bureau of Industry and Security, nationals of countries in Country Group E:1(see supplement no. 1 to this part) may not physically or computationally access computers that have been enhanced by “electronic assemblies,” which have been exported or reexported under License Exception GOV and have been used to enhance such computers by aggregation of processors so that the APP of the aggregation exceeds the APP parameter set forth in ECCN 4A003.b. (v) “600 series” items may not be exported or reexported under this paragraph (a), except (b) United States Government Scope. (2) Eligibility Items for personal use by personnel and agencies of the U.S. Government. (ii) Exports, reexports, and transfers (in-country) made by or consigned to a department or agency of the U.S. Government. e.g., i.e., (iii) Exports, reexports, and transfers (in-country) made for or on behalf of a department or agency of the U.S. Government. ( 1 ( 2 (B) This paragraph authorizes exports, reexports, and transfers (in-country) of items to implement or support any U.S. Government cooperative program, project, agreement, or arrangement with a foreign government or international organization or agency that is authorized by law and subject to control by the President by other means, when: ( 1 ( 2 ( 3 ( 4 (C) This paragraph authorizes the 'temporary' export, reexport, or transfer (in-country) of an item in support of any foreign assistance or sales program authorized by law and subject to the control of the President by other means, when: ( 1 ( 2 Note 1 to paragraph ( b iii 'Temporary,' for purposes of paragraph (b)(2)(iii)(C) of this section, means that four years from the date of an item's initial export, reexport, or transfer (in-country), it must be returned to the exporter, reexporter, or transferor or its disposition otherwise authorized (e.g., pursuant to a license or another license exception) in accordance with the EAR. Note 2 to paragraph ( b Items controlled for NS, MT, CB, NP, FC, or AT reasons may not be exported, reexported, or transferred (in-country) to, or for the use of military, police, intelligence entities, or other sensitive end users (e.g., contractors or other governmental parties performing functions on behalf of military, police, or intelligence entities) of a government in a Country Group E:1 or E:2 country. (D) This paragraph authorizes the export, reexport, or transfer of commodities or software at the direction of the U.S. Department of Defense for an end use in support of an Acquisition and Cross Servicing Agreement (ACSA), when: ( 1 ( 2 ( 3 (E) This paragraph authorizes the export, reexport, or transfer (in-country) of Government Furnished Equipment (GFE) made by a U.S. Government contractor, when: ( 1 ( 2 ( 3 (F) Electronic Export Information. (G) The exporter, reexporter, or transferor must obtain an authorization, if required, before any item previously exported, reexported, or transferred (in-country) under this paragraph is resold, transferred, reexported, transshipped, or disposed of to an end user for any end use, or to any destination other than as authorized by this paragraph (e.g., property disposal of surplus items outside of the United States), unless: ( 1 ( 2 (iv) Items exported at the direction of the U.S. Department of Defense or the Department of Energy. (v) This paragraph authorizes items sold, leased, or loaned by the U.S. Department of Defense to a foreign country or international organization pursuant to the Arms Export Control Act or the Foreign Assistance Act of 1961 when the items are delivered to representatives of such a country or organization in the United States and exported, reexported, or transferred on a military aircraft or naval vessel of that government or organization or via the Defense Transportation Service. (vi) This paragraph authorizes transfer of technology in furtherance of a contract between the exporter and an agency of the U.S. Government, if the contract provides for such technology and the technology is not “development” or “production” technology for “600 series” items. (vii) This paragraph authorizes the export, reexport, or transfer (in-country) of microelectronics items in furtherance of a contract between the exporter, reexporter, or transferor and a department or agency of the U.S. Government, if the contract provides for such export, reexport, or transfer (in-country) of the microelectronics item by the exporter, reexporter, or transferor. (c) Cooperating Governments and the North Atlantic Treaty Organization Scope. Note 3 to paragraph ( c Civil intergovernmental organizations (such as the European Space Agency (ESA)) where the membership is limited to national governments that are 'cooperating governments' are also considered 'cooperating governments' for purposes of paragraph (c)(1) of this section. If the membership of the civil intergovernmental organization includes any national governments or other organizations that are not 'cooperating governments,' such civil intergovernmental organizations are not considered 'cooperating governments' for purposes of paragraph (c)(1) of this section. For example, civil intergovernmental organizations such as the European Aviation Safety Agency (EASA), the United Nations, and the World Bank do not fall within paragraph (c)(1) of this section because their membership includes governments that are not 'cooperating governments.' (2) Eligibility Items for official use within national territory by agencies of cooperating governments. (ii) Items for official use by agencies of cooperating governments for military purposes or NATO. (A) A military end user of or for the military end use of cooperating governments, or (B) An agency of NATO. (iii) Diplomatic and consular missions of a cooperating government. (3) Exclusions. (i) Items on the Sensitive List (see supplement no. 6 to part 774 of the EAR), except (ii) Items on the Very Sensitive List (see supplement no. 7 to part 774 of the EAR); (iii) Encryption items controlled for EI reasons under ECCNs 5A002, 5A004, 5D002, or 5E002 (see § 740.17 of the EAR for License Exception ENC); (iv) Regional stability items controlled under ECCNs 6A002.a.1.c, 6E001 “technology” according to the General Technology Note for the “development” of equipment in 6A002.a.1.c, and 6E002 “technology” according to the General Technology Note for the “production” of equipment in 6A002.a.1.c.; (v) “600 series” items, except (vi) Items controlled for nuclear nonproliferation (NP) reasons; (vii) Items listed as not eligible for License Exception STA in § 740.20(b)(2)(ii) of the EAR; or (viii) Cybersecurity items as defined in § 740.22(b)(1) of the EAR. (d) International inspections under the Chemical Weapons Convention (CWC or Convention). (i) Commodities and software consigned to the OPCW at its headquarters in The Hague for official international OPCW use for the monitoring and inspection functions set forth in the Convention, and technology relating to the maintenance, repair, and operation of such commodities and software. The OPCW must maintain “effective control” of such commodities, software and technology. (ii) Controlled technology relating to the training of the OPCW inspectorate. (iii) Controlled technology relating to a CWC inspection site, including technology released as a result of: (A) Visual inspection of U.S.-origin equipment or facilities by foreign nationals of the inspection team; (B) Oral communication of controlled technology to foreign nationals of the inspection team in the U.S. or abroad; and (C) The application to situations abroad of personal knowledge or technical experience acquired in the U.S. (2) Exclusions. (i) Inspection samples collected in the U.S. pursuant to the Convention; (ii) Commodities and software that are no longer in OPCW official use. Such items must be transferred in accordance with the EAR. (iii) “600 series” items, except (3) Confidentiality. (4) Restrictions. (e) International Space Station (ISS) Scope. (2) Eligible commodities. Note 4 to paragraph ( e This license exception is not available for the export or reexport of “parts,” “components,” “accessories,” and “attachments” to overseas manufacturers for the purpose of incorporation into other items destined for the ISS. Note 5 to paragraph ( e For purposes of this paragraph (e), ‘short notice’ means the exporter is required to have a commodity manifested and at the scheduled launch site for hatch-closure (final stowage) no more than forty-five (45) days from the time the exporter or reexporter received complete documentation. ‘Complete documentation’ means the exporter or reexporter received the technical description of the commodity and purpose for use of the commodity on the ISS. ‘Hatch-closure (final stowage)’ means the final date specified by a launch provider by which items must be at a specified location in a launch country in order to be included on a mission to the ISS. The exporter or reexporter must receive the notification to supply the commodity for use on the ISS in writing. That notification must be kept in accordance with paragraph (e)(8) of this section and the Recordkeeping requirements in part 762 of the EAR. (3) Eligible destinations. (4) Requirement for commodities to be launched on an eligible space launch vehicle (SLV). (5) Authorizations Authorization to retain commodity at or near launch site for up to six months. (ii) Authorization to retain commodity abroad at launch country beyond six months. (iii) Items not delivered to the ISS because of a failed launch. (6) Reexports to an alternate launch country. (7) Eligible recipients. (i) No commodities may be exported, reexported, or transferred (in-country) under paragraph (e) to any national of an E:1 country (see supplement no. 1 to this part), and (ii) No person may receive commodities authorized under paragraph (e) of this section who is subject to an end-user or end-use control described in part 744 of the EAR, including the entity list in supplement no. 4 to part 744. (8) Recordkeeping requirements. (i) Exporters and reexporters must retain a record of the initial written notification they received requesting these commodities be supplied on short notice for a supply mission to the ISS, including the date the exporter or reexporter received complete documentation (i.e., the day on which the 45-day clock begins). (ii) Exporters and reexporters must maintain records of the date of any exports or reexports made using this paragraph (e) and the date on which the commodities were launched into space for delivery to the ISS. If the commodities are not delivered to the ISS because of a failed launch whereby the item is destroyed prior to being delivered to the ISS, this must be noted for recordkeeping purposes. (iii) The return or destruction of defective or worn out parts or components is not required. However, if defective or worn out parts or components originally exported or reexported pursuant to this paragraph (e) are returned from the ISS, then those parts and components may be either: returned to the original country of export or reexport; destroyed; or reexported or transferred (in-country) to a destination that has been designated by NASA for conducting a review and analysis of the defective or worn part or component. Documentation for this activity must be kept for recordkeeping purposes. No commodities that are subject to the EAR may be returned, under the provisions of this paragraph, to a country listed in Country Group E:1 (see supplement no. 1 to this part) or to any person if that person is subject to an end-user or end-use control described in part 744 of the EAR. For purposes of paragraph (e) of this section, a ‘defective or worn out’ part or component is a part or component that no longer performs its intended function. [78 FR 22714, Apr. 16, 2013, as amended at 79 FR 32624, June 5, 2014; 80 FR 29442, May 21, 2015; 81 FR 64669, Sept. 20, 2016; 82 FR 50515, Nov. 1, 2017; 85 FR 4174, Jan. 23, 2020; 85 FR 83768, Dec. 23, 2020; 86 FR 58209, Oct. 21, 2021; 88 FR 85492, Dec. 8, 2023; 89 FR 18355, Mar. 13, 2024; 89 FR 34703, Apr. 30, 2024; 89 FR 84777, Oct. 23, 2024] § 740.12 Gift parcels and humanitarian donations (GFT). (a) Gift parcels Scope. 1 1 (2) Commodity, value and other limitations Item limitations Prohibited items. 1 ( 2 ( 3 Items prohibited for destinations in Country Group D:1 or E:2. ( 4 (B) Eligible items. Example to paragraph (a)(2)(i)(B) of this section. A watch or piece of jewelry is normally sent as a gift. However, multiple watches, either in one package or in subsequent shipments, would not qualify for such gift parcels because the quantity would exceed that normally given between individuals. Similarly, a sewing machine or bicycle within the value limit of this License Exception may be an appropriate gift. However, subsequent shipments of the same item to the same donee would not be a gift normally given between individuals. (ii) Import requirements. (iii) Frequency. (B) There is no frequency limit on gift parcels of food to Cuba. (C) Parties seeking authorization to exceed the frequency limit due to compelling humanitarian concerns (e.g., for certain gifts of medicine) should submit a license application in accordance with §§ 748.1, 748.4 and 748.6 of the EAR to BIS with complete justification. (iv) Value. (v) Ineligible recipients. (B) No gift parcel may be sent to any member of the Politburo. (C) No gift parcel may be sent to organizations administered or controlled by the Cuban Government or the Cuban Communist Party. (3) How to export gift parcels. (ii) Each parcel must have the notation “GIFT—Export License Not Required” written on the addressee side of the package and the symbol “GFT” written on any required customs declaration. (b) Humanitarian donations Scope. (2) Basic human needs. (3) Eligible donors. (i) A permanent staff maintained in the recipient country to monitor the receipt and distribution of the donations to the intended beneficiaries; (ii) Periodic spot-checks in the recipient country by members of the exporter's staff; or (iii) An agreement to utilize the services of a charitable organization that has a monitoring system in place. (4) Donations. (5) Ineligible commodities and software. (i) Commodities and software controlled for national security, chemical or biological weapons, and nuclear nonproliferation, missile technology or crime control reasons (see supplement no. 1 to part 774 of the EAR); (ii) Exports for large-scale projects of the kind associated with comprehensive economic growth, such as dams and hydroelectric plants; or (iii) Exports to Cuba of medical items excluded by § 746.2(b)(1) of the EAR. (6) Eligible items. (7) Additional recordkeeping requirements. (i) The donor organization's identity and past experience as an exporter of goods to meet basic human needs; (ii) Past and current countries to which the donative programs have been and are being directed, with particular reference to donative programs in embargoed destinations; (iii) Types of projects and commodities involved in the donative programs; (iv) Specific class(es) of beneficiaries of particular donated goods intended to be exported under this License Exception; and (v) Information concerning the source of funding for the donative programs and the projected annual value of exports of humanitarian donations. [61 FR 64282, Dec. 4, 1996. Redesignated at 61 FR 68579, Dec. 30, 1996; 62 FR 25458, May 9, 1997; 69 FR 5690, Feb. 6, 2004; 69 FR 34566, June 22, 2004; 72 FR 3945, Jan. 29, 2007; 72 FR 43531, Aug. 6, 2007; 73 FR 35, Jan. 2, 2008; 73 FR 33673, June 13, 2008; 73 FR 49328, Aug. 21, 2008; 74 FR 45988, Sept. 3, 2009; 79 FR 32624, June 5, 2014; 80 FR 2289, Jan. 16, 2015; 81 FR 71366, Oct. 17, 2016; 82 FR 51985, Nov. 9, 2017] § 740.13 Technology and software—unrestricted (TSU). This license exception authorizes exports and reexports of operation technology and software; sales technology and software; software updates (bug fixes); “mass market” software subject to the General Software Note; and release of technology and source code in the United States by U.S. universities to their bona fide and full time regular employees. Note that encryption software subject to the EAR is not subject to the General Software Note (see paragraph (d)(2) of this section). (a) Operation technology and software Scope. (2) Provisions and destinations Provisions. (A) The operation software is the minimum necessary to operate equipment authorized for export or reexport; and (B) The operation software is in object code. (ii) Destinations. (b) Sales technology Scope. (2) Provisions and destinations Provisions. (A) The technology is a type customarily transmitted with a prospective or actual quotation, bid, or offer in accordance with established business practice; and (B) Neither the export nor the reexport will disclose the detailed design, production, or manufacture technology, or the means of reconstruction, of either the quoted item or its product. The purpose of this limitation is to prevent disclosure of technology so detailed that the consignee could reduce the technology to production. (ii) Destinations. Note: Neither this section nor its use means that the U.S. Government intends, or is committed, to approve a license application for any commodity, plant, software, or technology that may be the subject of the transaction to which such quotation, bid, or offer relates. Exporters are advised to include in any quotations, bids, or offers, and in any contracts entered into pursuant to such quotations, bids, or offers, a provision relieving themselves of liability in the event that a license (when required) is not approved by the Bureau of Industry and Security. (c) Software updates. (d) General Software Note: mass market software Scope. 2 2 (2) Exclusions. (3) Provisions and destinations Destinations. (ii) Provisions. (A) Sold from stock at retail selling points, without restriction, by means of: ( 1 ( 2 ( 3 (B) Designed for installation by the user without further substantial support by the supplier. (e) [Reserved] (f) Release of technology and source code in the U.S. by U.S. universities to their bona fide and full time regular employees Scope. (2) Eligible foreign nationals (i.e., bona fide and full time regular employees of U.S. universities). (i) The employee's permanent residence throughout the period of employment is in the U.S.; (ii) The employee is not a national of a destination listed in Country Group D:5 (see supplement no. 1 to part 740 of the EAR); and (iii) The university informs the individual in writing that the “technology” or source code may not be transferred to other foreign nationals without prior U.S. Government authorization. The obligation not to transfer technology extends beyond the tenure of employment at the university. (3) Regular employee. (i) An individual permanently and directly employed by the university; or (ii) An individual in a long-term contractual relationship with the university where the individual works at the university's facilities; works under the university's direction and control; works full time and exclusively for the university; executes nondisclosure certifications for the university; and where the staffing agency that has seconded the individual has no role in the work the individual performs (other than providing that individual for that work) and the staffing agency would not have access to any controlled technology (other than where specifically authorized by a license or where a license exception is available). (4) Exclusions. (ii) No “technology” controlled for “EI” (encryption) reasons or “technology” or source code controlled for “MT” (Missile Technology) reasons may be released under this paragraph (f). (g) Copies of technology previously authorized for export to same recipient. (1) The item that the technology pertains to is the identical item; (2) The revisions to the technology are solely editorial and do not add to the content of technology previously exported, reexported, or transferred (in-country) or authorized for export, reexport, or transfer (in-country) to the same recipient; and (3) The exporter, reexporter, or transferor has no reason to believe the same recipient has used the technology in violation of the original authorization. (h) Special recordkeeping requirements: ECCNs 2D983, 2D984, 2E983 and 2E984. (1) A description of the software or technology exported or reexported, including the ECCN, as identified on the CCL; (2) A description of the equipment for which the software or technology is intended to be used, including the ECCN, as indentified on the CCL; (3) The intended end-use of the software or technology; (4) The name and address of the end-user; (5) The quantity of software shipped; and (6) The location of the equipment for which the software or technology is intended to be used, including the country of destination. [61 FR 64283, Dec. 4, 1996. Redesignated at 61 FR 68579, Dec. 30, 1996] Editorial Note: For Federal Register www.govinfo.gov. § 740.14 Baggage (BAG). (a) Scope. (b) Eligibility. (1) Personal effects. (2) Household effects. (3) Vehicles. (4) Tools of trade. (i) For purposes of this paragraph (b), U.S. person is defined as follows: an individual who is a citizen of the United States, an individual who is a lawful permanent resident as defined by 8 U.S.C. 1101(a)(2) or an individual who is a protected individual as defined by 8 U.S.C. 1324b(a)(3). (ii) [Reserved] (c) Limits on eligibility. (1) Owned by the individuals (or by members of their immediate families) or by crew members of exporting carriers on the dates they depart from the United States; (2) Intended for and necessary and appropriate for the use of the individuals or members of their immediate families traveling with them, or by the crew members of exporting carriers; (3) Not intended for sale or other disposal; and (4) Not exported under a bill of lading as cargo if exported by crew members. (d) Special provision: unaccompanied baggage. (e) Special provisions for firearms and ammunition. (i) Not more than three firearms may be taken on any one trip (this includes shotguns in ECCNs 0A502 or 0A508, as well as firearms in ECCNs 0A501, 0A506, or 0A507). (ii) “Parts,” “components,” “accessories,” and “attachments” exported pursuant to this paragraph (e)(1) must be of a kind and limited to quantities that are reasonable for the activities described in paragraph (e)(1)(iv) of this section or that are necessary for routine maintenance of the firearms being exported or reexported. (iii) The commodities must be with the person's baggage. (iv) The commodities must be for the person's exclusive use for legitimate hunting or lawful sporting purposes, scientific purposes, or personal protection, and not for resale or other transfer of ownership or control. Accordingly, except as provided in paragraph (e)(2) of this section, shotguns, “parts,” “components,” “accessories,” or “attachments” may not be exported permanently under this License Exception. All shotguns, “parts,” “components,” “accessories,” or “attachments” controlled under ECCN 0A502 and 0A508, and unused shotgun shells must be returned to the United States. Note that since certain countries may require an Import Certificate or a U.S. export license before allowing the import of a shotgun, you should determine the import requirements of your country of destination in advance. (2) A nonresident alien leaving the United States may export or reexport under this License Exception only such shotguns and shotgun shells as he or she brought into the United States under the provisions of the Department of Justice Regulations (27 CFR 478.115(d)). (3) A United States citizen or a permanent resident alien leaving the United States may export under this License Exception firearms, “parts,” “components,” “accessories,” or “attachments” controlled under ECCNs 0A501, 0A506, 0A507, and 0A509 and ammunition controlled under ECCN 0A505.a, subject to the following limitations: (i) Not more than three firearms may be taken on any one trip (this includes firearms in ECCNs 0A501, 0A506, or 0A507, as well as shotguns in ECCNs 0A502 or 0A508), and no more than 1,000 rounds of ammunition may be taken on any one trip. (ii) “Parts,” “components,” “accessories,” and “attachments” exported pursuant to this paragraph (e)(3) must be of a kind and limited to quantities that are reasonable for the activities described in paragraph (e)(3)(iv) of this section or that are necessary for routine maintenance of the firearms being exported. (iii) The commodities must be with the person's baggage. (iv) The commodities must be for the person's exclusive use and not for resale or other transfer of ownership or control. Accordingly, except as provided in paragraph (e)(4) of this section, firearms, “parts,” “components,” “accessories,” “attachments,” and ammunition, may not be exported permanently under this License Exception. All firearms, “parts,” “components,” “accessories,” or “attachments” controlled under ECCN 0A501, 0A506, 0A507, and 0A509 and all unused ammunition controlled under ECCN 0A505.a exported under this License Exception must be returned to the United States. (v) Travelers leaving the United States temporarily are required to declare the firearms, “parts,” “components,” “accessories,” “attachments,” and ammunition being exported under this License Exception to a Customs and Border Protection (CBP) officer prior to departure from the United States and present such items to the CBP officer for inspection, confirming that the authority for the export is License Exception BAG and that the exporter is compliant with its terms. (4) A nonimmigrant alien leaving the United States may export or reexport under this License Exception only such firearms controlled under ECCN 0A501, 0A506, 0A507, and ammunition controlled under ECCN 0A505 as he or she brought into the United States under the relevant provisions of Department of Justice regulations at 27 CFR part 478. (f) Special provisions: encryption commodities and software subject to EI controls on the Commerce Control List. (2) A person other than a U.S. citizen or permanent resident alien of the United States as defined by 8 U.S.C. 1101(a)(20) (except a national of a country listed in Country Group E:1 of supplement no. 1 of this part who is not a U.S. citizen or permanent resident alien of the United States) may also use this license exception to export or reexport encryption commodities and software to any destination not in Country Group E:1 of supplement no. 1 of this part. (g) Special provision: restrictions for Export or Reexport of Technology. (1) The technology is to be used overseas solely by individuals or members of their immediate families traveling with them provided they are U.S. persons as defined in paragraph (b)(4)(i). (2) The exporting or reexporting party and the recipient take adequate security precautions to protect against unauthorized access to the technology while the technology is being transmitted and used overseas. Examples of security precautions to help prevent unauthorized access include the following: (i) Use of secure connections, such as Virtual Private Network connections when accessing IT networks for e-mail and other business activities that involve the transmission and use of the technology authorized under this license exception; (ii) Use of password systems on electronic devices that will store the technology authorized under this license exception; and (iii) Use of personal firewalls on electronic devices that will store the technology authorized under this license exception. (3) The technology authorized under these provisions may not be used for foreign production purposes or for technical assistance unless authorized by BIS; (4) Any encryption item controlled under ECCN 5E002 is not exported or reexported to any destination listed in Country Group E:1 of supplement no. 1 of this part. (h) Special provisions: personal protective equipment classified under ECCN 1A613.c or .d Exports, reexports, or in-country transfers to countries not identified in Country Group D:5. (i) The items are with the U.S. person's baggage or effects, whether accompanied or unaccompanied (but not mailed); and (ii) The items are for that person's exclusive use and not for transfer of ownership unless reexported or transferred (in-country) to another U.S. person. (2) Exports, reexports, or in-country transfers to countries identified in Country Group D:5 Iraq. (ii) Other countries in Country Group D:5. Note to paragraph ( h Body armor controlled under ECCN 1A005 is eligible for this License Exception under paragraph (b) of this section. [61 FR 12768, Mar. 25, 1996. Redesignated at 61 FR 64274, Dec. 4, 1996. Redesignated at 61 FR 68579, Dec. 30, 1996] Editorial Note: For Federal Register www.govinfo.gov. § 740.15 Aircraft, vessels and spacecraft (AVS). This License Exception authorizes departure from the United States of foreign registry civil aircraft on temporary sojourn in the United States and of U.S. civil aircraft for temporary sojourn abroad; the export of equipment and spare parts for permanent use on a vessel or aircraft; exports to vessels or planes of U.S., Australian, Canadian, or UK (the United Kingdom) registry and U.S., Australian, Canadian, or UK Airlines' installations or agents; the export or reexport of cargo that will transit Cuba on an aircraft or vessel on temporary sojourn; and the export of spacecraft and components for fundamental research. Generally, no License Exception symbol is necessary for export clearance purposes; however, when necessary, the symbol “AVS” may be used. (a) Aircraft on temporary sojourn Foreign registered aircraft. (i) No sale or transfer of operational control of the aircraft to a national of a destination in Country Group E:1 or E:2 (see supplement no. 1 to this part) has occurred while in the United States; (ii) The aircraft is not departing for the purpose of sale or transfer of operational control to a national of a destination in Country Group E:1 or E:2 (see supplement no. 1 to this part); and (iii) It does not carry from the United States any item for which an export license is required and has not been granted by the U.S. Government. (2) U.S. registered aircraft. (A) 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; (B) The aircraft's U.S. registration will not be changed while abroad; (C) The aircraft is not to be used in any foreign military activity while abroad; and (D) The aircraft does not carry from the United States any item for which a license is required and has not been granted by the U.S. Government. (ii) Any other operating civil aircraft of U.S. registry may depart from the United States under its own power for any destination, except to or a destination in Country Group E:1 or E:2 (see supplement no. 1 to this part) (flights to these destinations require a license), provided that: (A) 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; (B) The aircraft's U.S. registration will not be changed while abroad; (C) The aircraft is not to be used in any foreign military activity while abroad; (D) The aircraft does not carry from the United States any item for which an export license is required and has not been granted by the U.S. Government; and (E) 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) Criteria. (i) Hiring of cockpit crew. (ii) Dispatch of aircraft. (iii) Selection of routes. (iv) Place of maintenance. (v) Location of spares. (vi) Place of registration. (vii) Transfer of technology. (viii) Color and logos. (ix) Flight number. (x) Lease or charter. (4) Reexports. Note to paragraph ( a An aircraft exported or reexported to a country pursuant to this paragraph (a) may not remain in that country for more than seven consecutive days before it departs for a country to which it may be exported without a license or the United States. (b) Equipment and spare parts for permanent use on a vessel or aircraft, and ship and plane stores Vessel. (2) Aircraft. (ii) This paragraph (b)(2)(ii) authorizes exports, reexports, and transfers (in-country) to any country that is identified in Country Group A:2 and supplement no. 3 to part 746 of ECCNs 7A101 through 7A103 when the commodities are for use in or for the “production” of civil manned aircraft. (3) Ship and plane stores. (i) Deck, engine, and steward department stores, provisions, and supplies for both port and voyage requirements; (ii) Medical and surgical supplies; (iii) Food stores; (iv) Slop chest articles; (v) Saloon stores or supplies. (4) Cuba and Syria. i.e., Note to paragraph ( b For purposes of paragraph (b)(4), ECCNs 2B999, 3A991, 4A994, 5A992 (except for .z), and 9A991 are treated as ECCNs controlled exclusively for AT reasons. (c) Shipments to U.S. or Canadian vessels, planes and airline installations or agents Exports to vessels or planes of U.S., Australian, Canadian, or UK registry. 3 3 (i) Ordered by the person in command or the owner or agent of the vessel or plane to which they are consigned; (ii) Intended to be used or consumed on board such vessel or plane and necessary for its proper operation; (iii) In usual and reasonable kinds and quantities during times of extreme need; and (iv) Shipped as cargo for which Electronic Export Information (EEI) is filed to the Automated Export System (AES) in accordance with the requirements of the Foreign Trade Regulations (FTR) (15 CFR part 30), except EEI is not required to be filed when any of the commodities, other than fuel, is exported by U.S. airlines to their own aircraft abroad for their own use, see 15 CFR 30.37(o) of the FTR. (2) Exports to U.S., Australian, Canadian, or UK airline's installation or agent. 4 4 (i) Ordered by a U.S., Australian, Canadian, or UK airline and consigned to its own installation or agent abroad; (ii) Intended for maintenance, repair, or operation of aircraft registered in either the U.S., Australia, Canada, or UK and necessary for the aircraft's proper operation, except where such aircraft is located in, or owned, operated or controlled by, or leased or chartered to, Cuba or Country Group D:1 (excluding the PRC) (see supplement no. 1 to part 740) or a national of such country; (iii) In usual and reasonable kinds and quantities; and (iv) Shipped as cargo for which Electronic Export Information (EEI) is filed to the Automated Export System (AES) in accordance with the requirements of the Foreign Trade Regulations (FTR) (15 CFR part 30), except EEI is not required to be filed when any of these commodities is exported by U.S. airlines to their own installations and agents abroad for use in their aircraft operations, see 15 CFR 30.37(o) of the FTR. (3) Applicable commodities. (i) Deck, engine, and steward department stores, provisions, and supplies for both port and voyage requirements; (ii) Medical and surgical supplies; (iii) Food stores; (iv) Slop chest articles; (v) Saloon stores or supplies; and (vi) Equipment and spare parts. (d) Vessels on temporary sojourn Foreign flagged vessels. (i) No sale or transfer of operational control of the vessel to a national of a destination in Country Group E:1 or E:2 (see supplement no. 1 to this part) has occurred while in the United States; (ii) The vessel is not departing for the purpose of sale or transfer of operational control to a national of a destination in Country Group E:1 or E:2 (see supplement no. 1 to this part); and (iii) The vessel does not carry from the United States any item for which a license is required and has not been granted by the U.S. Government. (2) U.S. flagged vessels. (i) The vessel does not depart for the purpose of sale, lease, or transfer of operational control of the vessel, or its equipment, parts, accessories, or components, to a foreign country or any national thereof; (ii) The vessel's U.S. flag will not be changed while abroad; (iii) The vessel will not be used in any foreign military activity while abroad; (iv) The vessel will not carry from the United States any item for which a license is required and has not been granted by the U.S. Government; (v) Spares for the vessel are not located in a destination in Country Group E:1 or E:2 (see supplement no. 1 to this part); (vi) Technology is not transferred to a national of a destination in Country Group E:1 or E:2 (see supplement no. 1 to this part), except the minimum necessary in-transit maintenance to perform servicing required to depart and enter a port safely; and (vii) The vessel does not bear the livery, colors, or logos of a national of a destination in Country Group E:1 or E:2 (see supplement no. 1 to this part). (3) Criteria for temporary sojourn of vessels. (i) Hiring of crew. (ii) Dispatch of vessel. (iii) Selection of routes. (iv) Place of maintenance. (v) Lease or charter. (4) Reexports. (i) The vessel does not depart for the purpose of sale, lease, or transfer of operational control of the vessel, or its equipment, parts, accessories, or components, to a foreign country or any national thereof; (ii) The vessel's flag will not be changed while abroad; (iii) The vessel will not be used in any foreign military activity while abroad; (iv) The vessel will not carry any item for which a license is required and has not been granted by the U.S. Government; (v) Spares for the vessel are not located in a destination in Country Group E:1 or E:2 (see supplement no. 1 to this part); (vi) Technology is not transferred to a national of a destination in Country Group E:1 or E:2 (see supplement no. 1 to this part), except the minimum necessary in-transit maintenance to perform servicing required to depart and enter a port safely; and (vii) The vessel does not bear the livery, colors, or logos of a national of a destination in Country Group E:1 or E:2 (see supplement no. 1 to this part). (5) No vessels may be exported or reexported under this License Exception to a country in Country Group E:1. (6) Cuba, eligible vessels and purposes. Note 1 to paragraph ( d A vessel exported or reexported to a country pursuant to this paragraph (d) may not remain in that country for more than 14 consecutive days before it departs for a country to which it may be exported without a license or the United States. (e) Intransit cargo. (1) The aircraft or vessel is exported or reexported on temporary sojourn to Cuba pursuant to paragraph (a) or (d) of this section or a license from BIS; and (2) The cargo departs with the aircraft or vessel at the end of its temporary sojourn to Cuba, is not removed from the aircraft or vessel for use in Cuba and is not transferred to another aircraft or vessel while in Cuba. (f) Spacecraft for launch. (1) The export is to an accredited institution of higher learning, a governmental research center, or an established government funded private research center located in a country other than Country Group D:5 (see supp. no. 1 to this part) and involves exclusively nationals of such countries; (2) All the information about the commodity, including its design, and all of the resulting information obtained through fundamental research involving the commodity will be published and shared broadly within the scientific community, and is not restricted for proprietary reasons or specific U.S. government access and dissemination controls or other restrictions accepted by the institution or its researchers on publication of scientific and technical information resulting from the project or activity (see § 734.11 of the EAR); and (3) If the commodity is for permanent export, the platform or system into which the commodity will be incorporated must be a scientific, research, or experimental satellite and must be exclusively concerned with fundamental research and may only be launched into space from countries and by nationals of countries not identified in Country Group D:5. [61 FR 12678, Mar. 25, 1996. Redesignated and amended at 61 FR 64274, 64283, Dec. 4, 1996. Redesignated at 61 FR 68579, Dec. 30, 1996] Editorial Note: For Federal Register www.govinfo.gov. § 740.16 Additional permissive reexports (APR). This License Exception allows the following reexports: (a) Reexports from Country Group A:1. (1) The reexport is made in accordance with the conditions of an export authorization from the government of the reexporting country; (2) The commodities being reexported are not controlled for NP, CB, MT, SI, or CC reasons; described in ECCNs 0A919, 3A001.b.2, b.3 (except those that are being reexported for use in civil telecommunications applications), or .z, 6A002, or 6A003; or commodities classified under a 0x5zz ECCN; and (3) The reexport is destined to either: (i) A country in Country Group B that is not also included in Country Group D:2, D:3, or D:4; and the commodity being reexported is both controlled for national security reasons and not controlled for export to Country Group A:1; or (ii) A country in Country Group D:1 (National Security) (see Supplement No. 1 to part 740), other than North Korea and the commodity being reexported is controlled for national security reasons. (b) Reexports to and among specified countries. (2) Commodities not eligible for reexport under paragraph (b)(1) of this section are: (i) Commodities controlled for nuclear nonproliferation or missile technology reasons; (ii) Commodities in 3A001.b.2, b.3 (except those that are being reexported for use in civil telecommunications applications), or .z; (iii) “Military commodities” described in ECCN 0A919; (iv) Commodities described in ECCN 0A504 that incorporate an image intensifier tube; (v) Commodities described in ECCN 6A002; or (vi) Commodities classified under a 0x5zz ECCN. (3) Cameras described in ECCNs 6A003 may be exported or reexported to and among countries in Country Group A:1 (see supplement no. 1 to this part) if: (i) Such cameras are fully packaged for use as consumer ready civil products; or (ii) Such cameras with not more than 111,000 elements are to be embedded in civil products. (c) Reexports to a destination to which direct shipment from the United States is authorized under an unused outstanding license may be made under the terms of that license. Such reexports shall be recorded in the same manner as exports are recorded, regardless of whether the license is partially or wholly used for reexport purposes. (See part 762 of the EAR for recordkeeping requirements.) (d) Reexports of any item from Australia, Canada, or the United Kingdom that, at the time of reexport, may be exported directly from the United States to the new country of destination under any License Exception. (e) Reexports (return) to the United States of any item. If the reexporting party requests written authorization because the government of the country from which the reexport will take place requires formal U.S. Government approval, such authorization will generally be given. (f) Reexports from a foreign destination to Australia, Canada, or the United Kingdom of any item if the item could be exported to Australia, Canada, or the United Kingdom without a license. (g) [Reserved] (h) Shipments of foreign-made products that incorporate U.S.-origin components may be accompanied by U.S.-origin controlled spare parts, provided that they do not exceed 10 percent of the value of the foreign-made product, subject to the restrictions in § 734.4 of the EAR. (i) [Reserved] (j) Reexports of items controlled by NP Column 1 (see supplement no. 1 to part 774 of the EAR) to, among, and from countries described in Country Group A:4 (see supplement no. 1 to part 740), except: (1) Reexports from countries that are not identified in Country Group A:1 of items that are controlled for NS reasons to destinations in Country Group D:1; and (2) Reexports to destinations in Country Group E:2 and Country Group D:2. [61 FR 12768, Mar. 25, 1996. Redesignated at 61 FR 64274, Dec. 4, 1996. Redesignated at 61 FR 68579, Dec. 30, 1996] Editorial Note: For Federal Register www.govinfo.gov. § 740.17 Encryption commodities, software, and technology (ENC). License Exception ENC authorizes export, reexport, and transfer (in-country) of systems, equipment, commodities, and components therefor that are classified under ECCN 5A002, 5B002, equivalent or related software and technology therefor classified under 5D002 or 5E002, and “cryptanalytic items” and digital forensics items (investigative tools) classified under ECCN 5A004, 5D002 or 5E002. This License Exception ENC does not authorize export or reexport to, transfer (in-country) in, or provision of any service in any country listed in Country Groups E:1 or E:2 in supplement no. 1 to part 740 of the EAR, or release of source code or technology to any national of a country listed in Country Groups E:1 or E:2. Reexports and transfers (in-country) under License Exception ENC are subject to the criteria set forth in paragraph (c) of this section. Paragraphs (b) and (d) of this section set forth information about classifications required by this section. Items described in paragraphs (b)(1) and (b)(3)(i), (b)(3)(ii) or (b)(3)(iv) of this section that meet the criteria set forth in Note 3 to Category 5—Part 2 of the Commerce Control List (the “mass market” note) are classified under ECCN 5A992 or 5D992 following self-classification or classification by BIS and are no longer subject to “EI” and “NS” controls. Paragraph (e) sets forth reporting required by this section. For items exported under paragraphs (b)(1), (b)(3)(i), (ii), or (iv) of this section and therefore excluded from paragraph (e) reporting requirements, exporters are reminded of the recordkeeping requirements in part 762 of the EAR and that they may be required to make such records available upon request. All classification requests, and reports submitted to BIS pursuant to this section for encryption items will be reviewed by the ENC Encryption Request Coordinator, Ft. Meade, MD. (a) No classification request or reporting required. (1) Certain exports, reexports, transfers (in-country) to 'private sector end users' Internal “development” or “production” of new products. (ii) Certain exports, reexports, transfers (in-country) to related parties, not involving “development” or “production” of new products. (A) That item became subject to the EAR after it was produced; (B) All parties to the transaction are subsidiaries of the same parent company headquartered in a country listed in supplement no. 3 of this part; and (C) The characteristics or capabilities of the existing item are not enhanced, unless otherwise authorized by license or license exception. Note to paragraph ( a A 'private sector end user' is either: An individual who is not acting on behalf of any foreign government; or a commercial firm (including its subsidiary and parent firms, and other subsidiaries of the same parent) that is not wholly owned by, otherwise controlled by or acting on behalf of, any foreign government. (2) Exports, reexports, transfers (in-country) to “U.S. Subsidiaries.” Note to paragraphs ( a All items produced or developed with items exported, reexported, or transferred (in-country) under paragraphs (a)(1) or (2) of this section are subject to the EAR. These items may require the submission of a classification request before sale, reexport or transfer to non-“U.S. subsidiaries,” unless otherwise authorized by license or license exception. (3) Reexports and transfers (in-country) of non-U.S. products developed with or incorporating U.S.-origin encryption source code, components, or toolkits. Note to paragraph ( a This exception from classification and reporting requirements does not apply to non-U.S.-origin products exported from the United States. (b) Classification request or self-classification. Note to paragraph ( b Mass market encryption software that would be considered publicly available under § 734.3(b)(3) of the EAR, and is authorized for export under this paragraph (b), remains subject to the EAR until all applicable classification or self-classification requirements set forth in this section are fulfilled. (1) Immediate authorization. (2) Classification request required. Note to paragraph ( b Immediately after the classification request is submitted to BIS in accordance with paragraph (d) of this section and subject to the reporting requirements in paragraph (e) of this section, this paragraph also authorizes exports, reexports, and transfers (in-country) of: 1. All submitted encryption items described in this paragraph (b)(2), except “cryptanalytic items,” classified in ECCN 5A004.a, 5D002.a.3.a or c.3.a, or 5E002, to any end user located or headquartered in a country listed in supplement no. 3 to this part; 2. Encryption source code as described in paragraph (b)(2)(i)(B) to non-“government end users” in any country; 3. “Cryptanalytic items,” classified in ECCN 5A004.a, 5D002.a.3.a or c.3.a, or 5E002, to non-“government end users,” only, located or headquartered in a country listed in supplement no. 3 to this part; and 4. Items described in paragraphs (b)(2)(iii) and (b)(2)(iv)(A) of this section, to specified destinations and end users. (i) Cryptographic commodities, software, and components. (A) 'Network Infrastructure.' ( 1 WAN, MAN, VPN, backhaul and long-haul. ( 2 ( 3 Satellite infrastructure. ( 4 Media gateways and other unified communications (UC) infrastructure, including Voice-over-Internet Protocol (VoIP) services. or ( 5 Terrestrial wireless infrastructure. e.g., ( i or ( ii Notes to paragraph ( b i 1. The License Exception ENC eligibility restrictions of paragraphs (b)(2)(i)(A)(3) (satellite infrastructure) and (b)(2)(i)(A)(5) (terrestrial wireless infrastructure) do not apply to satellite terminals or modems meeting all of the following: a. The encryption of data over satellite is exclusively from the user terminal to the gateway earth station, and limited to the air interface; and b. The items meet the requirements of the Cryptography Note (Note 3) in Category 5—Part 2 of the Commerce Control List. 2. 'Network infrastructure' (as applied to encryption items). A 'network infrastructure' commodity or software is any “end item,” commodity or “software” for providing one or more of the following types of communications:” (a) Wide Area Network (WAN); (b) Metropolitan Area Network (MAN); (c) Virtual Private Network (VPN); (d) Satellite; (e) Digital packet telephony/media (voice, video, data) over Internet protocol; (f) Cellular; or (g) Trunked. Note 1 to paragraph 2: 'Network infrastructure' end items are typically operated by, or for, one or more of the following types of end users: (1) Medium- or large- sized businesses or enterprises; (2) Governments; (3) Telecommunications service providers; or (4) Internet service providers. Note 2 to paragraph 2: Commodities, software, and components for the “cryptographic activation” of a 'network infrastructure' item are also considered 'network infrastructure' items. (B) Certain “encryption source code.” (C) Customized items. ( 1 Customized for government end users or end uses. or ( 2 Custom or changeable cryptography. ; (D) Quantum cryptography. (E) [Reserved] (F) Network penetration tools. (G) Public safety/first responder radio (private mobile radio (PMR)). e.g., (H) Specified cryptographic ultra-wideband and “spread spectrum” items. (ii) Cryptanalytic commodities and software. “ (iii) “Open cryptographic interface” items. (iv) Specific encryption technology. (A) Technology for “non-standard cryptography.” (B) Other technology. Note to paragraph ( b Commodities, components, and software classified under ECCNs 5A002.b, z.2, or 5D002.b or z.5, for the “cryptographic activation” of commodities or software specified by paragraph (b)(2) of this section are also controlled under paragraph (b)(2) of this section. (3) Classification request required for specified commodities, software, and components. Note to introductory text of paragraph ( b Immediately after the classification request is submitted to BIS in accordance with paragraph (d) of this section and subject to the reporting requirements in paragraph (e) of this section, this paragraph also authorizes exports, reexports, transfers (in-country) of the items described in this paragraph (b)(3) to any end user located or headquartered in a country listed in supplement no. 3 to this part. (i) Non-“mass market” “components,” toolsets, and toolkits. (A) Chips, chipsets, electronic assemblies and field programmable logic devices; (B) Cryptographic libraries, modules, development kits and toolkits, including for operating systems and cryptographic service providers (CSPs). (ii) “Non-standard cryptography” (by items not otherwise described in paragraph (b)(2) of this section.) (iii) Advanced network vulnerability analysis and digital forensics. (A) Automated network vulnerability analysis and response. or (B) Digital forensics and investigative tools. (iv) “ Cryptographic activation” commodities, components, and software. (c) Reexport and transfer (in-country). (d) Classification request procedures Submission requirements and instructions. (i) [Reserved] (ii) Technical information submission requirements. (iii) Changes in encryption functionality following a previous classification. e.g., e.g., (2) Action by BIS. (ii) For items requiring classification by BIS under paragraphs (b)(2) and (3) of this section. (B) Upon completion of its classification, BIS will issue a Commodity Classification Automated Tracking System (CCATS) to you. (C) Hold Without Action (HWA) for classification requests. (iii) BIS may require you to supply additional relevant technical information about your encryption item(s) or information that pertains to their eligibility for License Exception ENC at any time, before or after the expiration of the thirty-day (30-day) processing period specified in this paragraph and in paragraphs (b)(2) and (3) of this section. If you do not supply such information within 14 days after receiving a request for it from BIS, BIS may return your classification request(s) without action or otherwise suspend or revoke your eligibility to use License Exception ENC for that item(s). At your request, BIS may grant you up to an additional 14 days to provide the requested information. Any request for such an additional number of days must be made prior to the date by which the information was otherwise due to be provided to BIS, and may be approved if BIS concludes that additional time is necessary. (e) Reporting requirements Semiannual reporting requirement. (i) Information required. (A) Distributors or resellers. (B) Direct sales. (C) Foreign manufacturers and products that use encryption items. i.e., e.g., e.g., (ii) Submission requirements. [email protected] [email protected], (A) Department of Commerce, Bureau of Industry and Security, Office of National Security and Technology Transfer Controls, 14th Street and Pennsylvania Ave. NW., Room 2705, Washington, DC 20230, Attn: Encryption Reports, and (B) Attn: ENC Encryption Request Coordinator, 9800 Savage Road, Suite 6940, Ft. Meade, MD 20755-6000. (iii) Exclusions from reporting requirement. (A) [Reserved] (B) Encryption commodities or software with a symmetric key length not exceeding 64 bits; (C) Encryption items exported (or reexported from Australia, Canada, or the United Kingdom) via free and anonymous download; (D) Encryption items from or to a U.S. bank, financial institution or its subsidiaries, affiliates, customers or contractors for banking or financial operations; (E) [Reserved] (F) Foreign products developed by bundling or compiling of source code. (2) Key length increases. (i) Information required. (B) The original Commodity Classification Automated Tracking System (CCATS) authorization number issued by BIS and the date of issuance. (C) The new key length. (ii) Submission requirements. (B) The report must be emailed to [email protected] [email protected]. (3) Self-classification reporting for certain encryption commodities, software, and components. Note to introductory text of paragraph ( e For the purposes of this paragraph (e)(3), 'executable software' means “software” in executable form, from an existing hardware component excluded from ECCN 5A002 by the Cryptography Note. 'Executable software' does not include complete binary images of the “software” running on an end item. (i) When to report. (ii) How to report. (A) Submissions via email. [email protected] [email protected], (B) Submissions on disks and CDs. ( 1 ( 2 (iii) Information to report. (iv) File format requirements. (f) End-use restrictions. (1) “Cryptanalytic items,” classified in ECCN 5A004.a, z.1 or z.2, 5D002.a.3.a, c.3.a, z.3, or z.8, or 5E002; (2) Network penetration tools described in paragraph (b)(2)(i)(F) of this section, and ECCN 5E002 “technology” therefor; or (3) Automated network vulnerability analysis and response tools described in paragraph (b)(3)(iii)(A) of this section, and ECCN 5E002 “technology” therefor. Note to paragraph ( f See also § 740.22(c)(4). [81 FR 64669, Sept. 20, 2016, as amended at 82 FR 27110, June 14, 2017; 83 FR 53750, Oct. 24, 2018; 85 FR 62587, Oct. 5, 2020; 86 FR 16487, Mar. 29, 2021; 87 FR 31951, May 26, 2022; 88 FR 73492, Oct. 25, 2023; 89 FR 28599, Apr. 19, 2024] § 740.18 Agricultural commodities (AGR). (a) Eligibility requirements. all (1) The commodity meets the definition of “agricultural commodities” in part 772 of the EAR; (2) The commodity is EAR99. You must have an official commodity classification of EAR99 from BIS for fertilizers, western red cedar and live horses before you submit a notification under this license exception. See § 748.3 of the EAR for information on how to submit a commodity classification request; (3) The export or reexport is made pursuant to a written contract, except for donations and commercial samples which are not subject to this contract requirement; (4) The export or reexport is made within 12 months of the signing of the contract or within 12 months of notification that no objections were raised (if no contract is required). In the case of multiple partial shipments, all such shipments must be made within the 12 months of the signing of the contract or within 12 months of notification that no objections were raised (if no contract is required); and (5) You notify BIS prior to exporting or reexporting according to the procedures set forth in paragraph (c) of this section. If you intend to engage in multiple shipments during the one-year period after the signing of the contract, you need only notify BIS prior to the first shipment. (b) Restrictions. (2) No export or reexport to or for use in biological, chemical, nuclear warfare or missile proliferation activities may be made under License Exception AGR (see part 744 of the EAR). (3) No U.S.-owned or controlled foreign firm may export from abroad to Cuba a foreign produced agricultural commodity containing more than 25% U.S.-origin content. Such U.S.-owned or controlled foreign firms require a specific license from BIS as well as the Department of the Treasury's Office of Foreign Assets Control (OFAC). Transactions not subject to the EAR (under 25% U.S.-origin content) require a license from OFAC. (c) Prior notification General requirement. (2) Procedures. (3) Action by BIS. (4) Review by other departments or agencies. (5) Status of pending AGR notification requests. https://snapr.bis.doc.gov/stela (d) Donations. (2) Donations of food items to non-governmental organizations (NGOs) and individuals in Cuba may also be eligible for License Exception GFT. See § 740.12 for eligibility requirements of gift parcels and humanitarian donations under License Exception GFT. [66 FR 36681, July 12, 2001, as amended at 73 FR 49329, Aug. 21, 2008; 75 FR 17054, Apr. 5, 2010; 75 FR 31681, June 4, 2010; 80 FR 56902, Sept. 21, 2015] § 740.19 Consumer Communications Devices (CCD). (a) Authorizations. (b) Eligible commodities and software. (1) Consumer computers, tablets, and peripherals including microphones, speakers, and headphones designated EAR99 or classified under Export Control Classification Numbers (ECCN) 5A992.c or 4A994.b; (2) Mobile phones, including cellular and satellite telephones, personal digital assistants, and subscriber information module (SIM) cards, accessories for such devices and similar devices classified under ECCNs 5A992.c or 5A991 or designated EAR99; drivers and connectivity software for such hardware designated EAR99 or classified under ECCN 5D992.c; (3) Monitors classified under ECCN 5A992.c or designated EAR99; (4) Printers, including multifunctional printers, classified under ECCN 5A992.c or designated EAR99; (5) Keyboards, mice, and similar devices designated EAR99; (6) Batteries, chargers, carrying cases, and accessories for the equipment described in paragraphs (b)(1) through (5) of this section that are designated EAR99; (7) Consumer “information security” equipment, “software” (except “encryption source code”), such as firewalls, virtual private network clients, antivirus, user authentication, password managers, identification verification, and peripherals classified under ECCNs 5A992.c or 5D992.c or designated EAR99; (8) Consumer “software” (except “encryption source code”) classified under ECCNs 4D994, 5D991, or 5D992.c or designated EAR99 to be used for equipment described in paragraphs (b)(1) through (16) of this section; (9) Consumer disk drives and solid-state storage equipment classified under ECCN 5A992 or designated EAR99; (10) Graphics accelerators and graphics coprocessors designated EAR99; (11) Modems, network interface cards, routers, switches, and WiFi access points, designated EAR99 or classified under ECCNs 5A992.c or 5A991; drivers, communications, and connectivity software for such hardware designated EAR99 or classified under ECCN 5D992.c; (12) Network access controllers and communications channel controllers classified under ECCN 5A991.b.4, 5A992.c, or designated EAR99; (13) Memory devices classified under ECCN 5A992.c or designated EAR99; (14) Digital cameras (including webcams) and memory cards classified under ECCN 5A992 or designated EAR99; (15) Television and radio receivers, set top boxes, video decoders, and antennas, classified under ECCNs 5A991, 5A992, or designated EAR99; (16) Recording devices classified under ECCN 5A992 or designated EAR99; (17) Commodities described under 3A991.p or 4A994.l; and (18) Batteries, chargers, carrying cases, and accessories for the equipment described in paragraphs (b)(8) through (17) of this section that are designated EAR99. Note 1 to paragraph ( b In this paragraph, the term “consumer” refers to items that are: 1. Generally available to the public by being sold, without restriction, from stock at retail selling points by means of any of the following: a. Over-the-counter transactions; b. Mail order transactions; c. Electronic transactions; or d. Telephone call transactions; and 2. Designed for installation by the user without further substantial support by the supplier. (c) Eligible and ineligible end users Organizations. (ii) The Cuban Government, the Cuban Communist Party, the Russian Government, the Belarusian Government, and organizations administered or controlled by the Cuban Government, the Cuban Communist Party, the Russian Government, or the Belarusian Government are not eligible end users. (iii) [Reserved] (2) Individuals. (i) Ineligible Cuban Government officials. (ii) Ineligible Cuban Communist Party officials. (iii) Ineligible Russian Government officials. (iv) Ineligible Belarusian Government officials. [74 FR 45989, Sept. 8, 2009, as amended at 80 FR 2289, Jan. 16, 2015; 80 FR 8523, Feb. 18, 2015; 80 FR 56902, Sept. 21, 2015; 81 FR 71367, Oct. 17, 2016; 82 FR 51985, Nov. 9, 2017; 86 FR 4933, Jan. 19, 2021; 87 FR 12237, Mar. 3, 2022; 87 FR 13057, Mar. 8, 2022; 87 FR 34135, June 6, 2022; 87 FR 57079, Sept. 16, 2022; 88 FR 73493, Oct. 25, 2023; 89 FR 51650, June 18, 2024; 90 FR 42320, Sept. 2, 2025] § 740.20 License Exception Strategic Trade Authorization (STA). (a) Introduction. Note 1 to paragraph ( a License Exception STA authorizes transfers (in-country) but is only needed to authorize a transfer (in-country) when an EAR authorization is required. If a transfer (in-country) is not being made under STA, the requirements specified in this section do not apply (see Note 1 to paragraphs (b)(2) and (b)(3) of this section for requirements specific to staying within the scope of the original License Exception STA authorization and the concept of 'completing the chain' for purposes of “600 series” items originally authorized under License Exception STA). (b) Requirements and Limitations Requirements for Using License Exception STA. All export, reexport or in country transfer (ii) The party using License Exception STA must comply with all of the requirements in paragraph (d) of this section. (2) Limitations on Use of License Exception STA. (i) License Exception STA may not be used in lieu of any license requirement imposed by “Part 744—Control Policy: End User and End Use Based” or by “Part 746—Embargoes and Other Special Controls” of the EAR. (ii) License Exception STA may not be used for: (A) Any item controlled in ECCNs 0A501.a, .b, .c, .d, or .e; 0A506; 0A507; 0A509; 0A981; 0A982; 0A983; 0A503; 0E504; 0E982; or (B) Shotguns with barrel length less than 18 inches controlled in 0A502 or 0A508. (iii) License Exception STA may not be used for any item that is controlled for reason of encryption items (EI), short supply (SS), surreptitious listening (SL), or chemical weapons (CW). License Exception STA may not be used for any item that is controlled for missile technology (MT) reasons, except for MT-controlled items specified under paragraph (c)(1)(ii) of this section. (iv) License Exception STA may not be used for any item identified on the CCL as being subject to the exclusive export control jurisdiction of another agency, such as the Department of State, the Department of Energy, or the Nuclear Regulatory Commission. (v) License Exception STA may not be used for any item controlled by ECCN 1C351.a, .b, .c, .d.14, .d.15 or .e, ECCNs 1C353, 1C354, 1E001 ( i.e., (vi) [Reserved] (vii) Commerce Control List Category 7 limitation on use of License Exception STA. License Exception STA may not be used for 7E004 “technology,” except for “technology” controlled under 7E004.a.7. (viii) Commerce Control List Category 9 limitations on use of License Exception STA. (A) License Exception STA may not be used for 9B001 when destined to a country in Country Group A:6. (B) License Exception STA may not be used for 9D001 or 9D002 “software” that is “specially designed” or modified for the “development” or “production” of: (1) Components of engines controlled by ECCN 9A001 if such components incorporate any of the “technologies” controlled by 9E003.a.1, 9E003.a.2, 9E003.a.3, 9E003.a.4, 9E003.a.5, 9E003.c, 9E003.h, or 9E003.i (other than technology for fan or power turbines); or (2) Equipment controlled by 9B001. (C) License Exception STA may not be used for 9D001 “software” that is “specially designed” or modified for the “development” of “technology” controlled by 9E003.a.1, 9E003.a.2, 9E003.a.3, 9E003.a.4, 9E003.a.5, 9E003.c, 9E003.h, or 9E003.i (other than technology for fan or power turbines). (D) License Exception STA may not be used for 9D004.f or 9D004.g “software”. (E) License Exception STA may not be used for “technology” in 9E003.a.1, 9E003.a.2, 9E003.a.3, 9E003.a.4, 9E003.a.5, 9E003.c, 9E003.h, or 9E003.i (other than technology for fan or power turbines). (ix) [Reserved] (x) License Exception STA may not be used for items controlled by ECCN 6A002; 6A293; 6D002 (software “specially designed” for the “use” of commodities controlled under 6A002.b); 6D003.c; 6D991 (software “specially designed” for the “development,” “production,” or “use” of commodities controlled under 6A002 or 6A003); 6E001 (“technology” for the “development” of commodities controlled under ECCN 6A002 or 6A003); or 6E002 “technology” (for the “production” of commodities controlled under ECCN 6A002 or 6A003). (xi) License Exception STA may not be used for any commodity controlled by ECCN 3A001.b.2 or b.3 (except those that are being exported or reexported for use in civil telecommunications applications), or any “technology” controlled by 3E001 for the “production” or “development” of commodities controlled by 3A001.b.2 or b.3. (3) Limitations on the Use of STA that are Specific to “600 series” Items. (ii) License Exception STA may be used to export, reexport, and transfer (in-country) “600 series” items to persons, whether non-governmental or governmental, if they are in and, for natural persons, nationals of a country listed in Country Group A:5 (See supplement no. 1 to part 740 of the EAR) or the United States and if: (A) The ultimate (B) For the “development,” “production,” operation, installation, maintenance, repair, overhaul, or refurbishing of an item in one of the countries listed in Country Group A:5 or the United States that will be for one, or more, of the following purposes: ( 1 ( 2 (C) The United States Government has otherwise authorized the ultimate end use, the license or other authorization is in effect, and the consignee verifies in writing that such authorization exists and has provided the license or other approval identifier to the exporter, reexporter or transferor (as applicable). (iii) License Exception STA may not be used to export, reexport, or transfer (in-country) end items described in ECCN 0A606.a, ECCN 8A609.a, ECCN 8A620.a or .b, or ECCN 9A610.a until after BIS has approved their export under STA under the procedures set out in § 740.20(g). (iv) License Exception STA may not be used to export, reexport, or transfer (in-country) “600 series” items if they are “600 Series Major Defense Equipment” and the value of such items in the contract requiring their export exceeds $25,000,000. Note 1 to paragraphs ( b b Any export, reexport, or transfer (in-country) originally authorized under License Exception STA must stay within the scope of the original authorization. For example, for “600 series” items authorized under License Exception STA, such items must be provided to an eligible ultimate end user, such as a Country Group A:5 military, to stay in compliance with the original authorization. This requirement for the “600 series” is referred to as 'completing the chain,' meaning regardless of how many times the “600 series” item is transferred (in-country) or whether the “600 series” item is incorporated into higher level assemblies or other items, the “600 series” item must ultimately be provided to an eligible ultimate end user, or be otherwise authorized under the EAR. This applies regardless of whether the “600 series” item has been incorporated into a foreign-made item that may no longer be “subject to the EAR.” Because the other items eligible for authorization under License Exception STA (9x515 and other non-600 series ECCNs) do not include the “600 series” requirements specific to ultimate end user, this 'completing the chain' concept does not apply to 9x515 and other non-600 series ECCNs authorized under License Exception STA. However, the original export, reexport, or transfer (in-country) made under License Exception STA for 9x515 and other non-600 series ECCNs still must comply with the original authorization—meaning the terms and conditions of License Exception STA. (c) Authorizing paragraphs Multiple reasons for control Applicable reasons for control other than missile technology (MT). Note to paragraph (c)(1)(i) License Exception STA under § 740.20(c)(1)(i) may be used to authorize the export, reexport, or transfer (in-country) of “600 series” items only if the purchaser, intermediate consignee, ultimate consignee, and end user have previously been approved on a license or other approval, i.e., Directorate of Defense Trade Controls (DDTC) Manufacturing License Agreement (MLA), Technical Assistance Agreement (TAA), Warehouse Distribution Agreement (WDA), or General Correspondence approval (GC) issued by BIS or DDTC at the U.S. Department of State. (ii) MT reason for control. (A) Unmanned aerial vehicles (UAVs) and unmanned “airships” controlled for missile technology (MT) reasons in ECCNs 9A012, 9A120, and 9A610 are authorized for destinations in Country Group A:5 (see supplement no. 1 to this part), provided that the UAV or unmanned “airship” cannot deliver a payload of at least 500 kg to a range of at least 300 km, and provided further that, in the case of UAVs and unmanned “airships” classified under 9A610.a, the items have been made eligible for use of STA pursuant to paragraph (g) of this section. (B) [Reserved] Note to paragraph (c)(1) The only MT-controlled items that may be authorized under this paragraph (c)(1) are those specified in paragraph (c)(1)(ii) of this section and controlled for one or more of the reasons for control specified under paragraph (c)(1)(i) of this section. (2) Controls of lesser sensitivity. (d) Conditions Requirement to furnish Export Control Classification Number. (ii) A reexporter or transferor must furnish to subsequent consignees the ECCN, provided by the exporter or a prior reexporter or transferor, of each item to be reexported or transferred (in-country) pursuant to this section. Once furnished to a particular consignee, the ECCN that applies to any item need not be refurnished to that consignee at the time the same reexporter or transferor makes an additional reexport or transfer (in-country) of the same item, if the information remains accurate at the time of the additional reexport or transfer (in-country). (iii) For purposes of determining reexport or transfer eligibility under this section, the consignee may rely on the ECCN provided to it by the party required to furnish the ECCN under paragraph (d)(1)(i) or (ii) of this section unless the consignee knows that the ECCN is incorrect or has changed. The word “knows” has the same meaning as the term “knowledge” in § 772.1 of the EAR. (2) Prior Consignee Statement. i.e., See [INSERT NAME(S) OF CONSIGNEE(S)]: (i) Is aware that [INSERT GENERAL DESCRIPTION AND APPLICABLE ECCN(S) OF ITEMS TO BE SHIPPED ( e.g., (ii) Has been informed of the ECCN(s) noted above by [INSERT NAME OF EXPORTER, REEXPORTER OR TRANSFEROR]; (iii) Understands that items shipped pursuant to License Exception STA may not subsequently be reexported pursuant to paragraphs (a) or (b) of License Exception APR (15 CFR 740.16(a) or (b)); (iv) Agrees to obtain a prior consignee statement when using License Exception STA for any reexport or transfer (in-country) of items previously received under License Exception STA; (v) Agrees not to export, reexport, or transfer these items to any destination, use or user prohibited by the United States' Export Administration Regulations; (vi) Agrees to provide copies of this document and all other export, reexport, or transfer records ( i.e., (vii) Understands that License Exception STA may be used to export, reexport, and transfer (in-country) “600 series” items to persons, whether non-governmental or governmental, only if they are in and, for natural persons, nationals of a country listed in Country Group A:5 (See supplement no. 1 to part 740 of the EAR) or the United States and if: (A) The ultimate (B) For the “development,” “production,” operation, installation, maintenance, repair, overhaul, or refurbishing of an item in one of the countries listed in Country Group A:5 or the United States that will be for one, or more, of the following purposes: (1) (2) (C) The United States Government has otherwise authorized the ultimate end use, the license or other authorization is in effect, and the consignee verifies in writing that such authorization exists and has provided the license or other approval identifier to the exporter, reexporter or transferor (as applicable). (viii) Agrees to permit a U.S. Government end-use check with respect to the items. [INSERT NAME(S) AND TITLE(S) OF PERSON(S) SIGNING THIS DOCUMENT, AND DATE(S) DOCUMENT IS SIGNED]. Note 1 to paragraph ( d When multiple consignees who form a network engaged in a production process (or other type of collaborative activity, such as joint development) will be receiving items under License Exception STA, a single prior consignee statement for multiple consignees may be used for any item eligible for export, reexport, or transfer (in-country) under License Exception STA, provided all of the applicable requirements of License Exception STA are met, including those specified in paragraph (d)(2). Note 2 to paragraph ( d Country Group A:5 and A:6 government consignees are not required to sign or provide a prior consignee statement. (3) Notification to consignee of STA shipment. Note 1 to paragraph ( d While the exporter, reexporter, and transferor must furnish the applicable ECCN and obtain a consignee statement prior to export, reexport or transfer (in-country) made under License Exception STA in accordance with the requirements of paragraphs (d)(1) and (d)(2) of this section, intangible (i.e., electronic or in an otherwise intangible form) exports, reexports, and transfers (in-country) made under License Exception STA are not subject to the notification requirements of paragraph (d)(3) of this section. However, any export, reexport, or transfer (in-country) made under STA must stay within the scope of the original authorization. (4) Requirements for releases of software source code or technology within a single country. (e) Limitation on subsequent exports, reexports or in country transfers. (f) Applicability of Wassenaar Arrangement reporting requirements. (g) License Exception STA eligibility requests for 9x515 and “600 series” items Applicability. (2) Required information and manner of requests. (3) Timeline for USG review. (4) Review criteria. (5) Disposition of License Exception STA eligibility requests Approvals. (ii) Denials. [76 FR 35287, June 16, 2011] Editorial Note: For Federal Register www.govinfo.gov. § 740.21 Support for the Cuban People (SCP). (a) Introduction. (b) Improving living conditions and supporting independent economic activity. i.e., (1) Items for use by the Cuban private sector for private sector economic activities, except for items that would be used to: (i) Primarily generate revenue for the state; or (ii) Contribute to the operation of the state, including through the construction or renovation of state-owned buildings. (2) Items sold directly to individuals in Cuba for their personal use or their immediate family's personal use, other than officials identified in paragraphs (d)(4)(ii) or (iii) of this section. (2) Items sold directly to individuals in Cuba for their personal use or their immediate family's personal use, other than officials identified in paragraphs (d)(4)(ii) or (iii) of this section. (c) Strengthening civil society. i.e., (1) The export or reexport to Cuba of donated (2) The temporary (i) The research must be directly related to traveler's profession, professional background or area of expertise, including area of graduate-level full-time study. (ii) The activities or research may not relate to the “development,” “production,” “use,” operation, installation, maintenance, repair, overhaul or refurbishing of any item enumerated or otherwise described on the United States Munitions List (22 CFR part 121) or of any item enumerated or otherwise described on the Commerce Control List (supplement no. 1 to part 774 of the EAR) unless the only reason for control that applies to that item as set forth in the ECCN that controls that item is anti-terrorism. (iii) The items must remain under the traveler's “effective control” while in Cuba. (iv) Items authorized for temporary export by this paragraph must be returned to the United States within two years of the date of export from the United States unless: (A) The items are consumed in Cuba; or (B) The exporter applies for and receives a license from BIS, prior to the expiration of the two year period, authorizing the items to remain in Cuba for longer than two years. (v) Paragraph (c)(2) of this section does not authorize exports if, at the time of the export, the exporter has “knowledge” that the item exported will remain in Cuba for more than two years. (3) The export or reexport to Cuba of items to human rights organizations, individuals or non-governmental organizations that promote independent activity intended to strengthen civil society. (d) Improving communications. i.e., (1) The export or reexport to Cuba of items for the creation and upgrade of telecommunications infrastructure e.g., (2) The export or reexport to Cuba of items for use by news media personnel engaged in the gathering and dissemination of news to the general public and who are: (i) Regularly employed as journalists by a news reporting organization; (ii) Regularly employed as supporting broadcast or technical personnel; (iii) Freelance journalists with a record of previous journalistic experience working on a freelance journalistic project; or (iv) Broadcast or technical personnel with a record of previous broadcast or technical experience who are supporting a freelance journalist working on a freelance journalistic project. (3) The export or reexport to Cuba of items for use by U.S. news bureaus engaged in the gathering and dissemination of news to the general public. (4) The export or reexport to Cuba of commodities or software that will be used by individuals or private sector entities to develop software that will improve the free flow of information or that will support the private sector activities described in paragraph (b) of this section. The following are ineligible end-users: (i) The Cuban Government or the Cuban Communist Party and organizations they administer or control; (ii) Ministers and Vice-Ministers; members of the Council of State; members of the Council of Ministers; members and employees of the National Assembly of People's Power; members of any provincial assembly; local sector chiefs of the Committees for the Defense of the Revolution; Director Generals and sub-Director Generals and higher of all Cuban ministries and state agencies; employees of the Ministry of the Interior (MININT); employees of the Ministry of Defense (MINFAR); secretaries and first secretaries of the Confederation of Labor of Cuba (CTC) and its component unions; chief editors, editors and deputy editors of Cuban state-run media organizations and programs, including newspapers, television, and radio; or members and employees of the Supreme Court (Tribuno Supremo Nacional); and (iii) Members of the Politburo. (e) Facilitating engagement, communications, and commerce. (1) The export or reexport to Cuba of items for use by persons authorized by the Department of the Treasury, Office of Foreign Assets Control (OFAC) to establish and maintain a physical or business presence in Cuba pursuant to 31 CFR 515.573 or pursuant to a specific license issued by OFAC. The items authorized pursuant to this paragraph (e)(1) are limited to those designated as EAR99 ( i.e., (2) [Reserved] Note to paragraph ( e Any resulting payments associated with establishing or maintaining a physical or business presence in Cuba, such as lease payments, are permitted only to the extent authorized by 31 CFR 515.573 or a specific license issued by OFAC. (f) Temporary exports and reexports to Cuba. i.e., (1) Tools of trade—commodities and software. (i) Use of secure connections, such as Virtual Private Network connections, when accessing IT networks for activities that involve the transmission and use of the software authorized under this license exception; (ii) Use of password systems on electronic devices that store the software authorized under this license exception; and (iii) Use of personal firewalls on electronic devices that store the software authorized under this license exception. (2) Tools of trade—technology. e.g., (i) Use of secure connections, such as Virtual Private Network connections, when accessing IT networks for email and other business activities that involve the transmission and use of the technology authorized under this license exception; (ii) Use of password systems on electronic devices that will store the technology authorized under this license exception; and (iii) Use of personal firewalls on electronic devices that will store the technology authorized under this license exception. (3) Kits of replacement “parts” or “components.” (i) The kits remain under “effective control” of the exporter or reexporter or its employees; and (ii) All parts and components in the kit are returned, except that one-for-one replacements may be made in accordance with the requirements of License Exception Servicing and Replacement of Parts and Equipment (RPL) and the defective parts and components returned (see Parts, Components, Accessories and Attachments in § 740.10(a)). (4) Exhibition and demonstration. (5) Containers. [80 FR 2289, Jan. 16, 2015, as amended at 80 FR 56902, Sept. 21, 2015; 81 FR 13974, Mar. 16, 2016; 81 FR 71367, Oct. 17, 2016; 82 FR 51985, Nov. 9, 2017; 84 FR 56121, Oct. 21, 2019] § 740.22 Authorized Cybersecurity Exports (ACE). (a) Scope. (b) Definitions. (1) 'Cybersecurity Items' (2) 'Digital artifacts' (3) 'Favorable treatment cybersecurity end user' (i) A “U.S. subsidiary”; (ii) Providers of banking and other financial services; (iii) Insurance companies; or (iv) Civil health and medical institutions providing medical treatment or otherwise conducting the practice of medicine, including medical research. (4) 'Government end user,' (i) International governmental organizations; (ii) Government operated research institutions; (iii) “More-sensitive government end users”; (iv) “Less-sensitive government end users”; (v) Utilities (including telecommunications service providers and internet service providers) that are wholly operated or owned by a government or governmental authority or 'partially operated or owned by a government or governmental authority'; (vi) Transportation hubs and services (e.g., airlines and airports; ships and ports; railways and rail stations; buses, trucking and highways) that are wholly operated or owned by a government or governmental authority or 'partially operated or owned by a government or governmental authority'; and (vii) Retail or wholesale firms that are wholly operated or owned by a government or governmental authority or 'partially operated or owned by a government or by a governmental authority', engaged in the manufacture, distribution, or provision of items or services specified in the Wassenaar Arrangement Munitions List. (5) For the purposes of this section, 'partially operated or owned by a government or governmental authority' (c) Restrictions. (1) To a destination that is listed in Country Group E:1 or E:2 in supplement no.1 to this part. (2) To a 'government end user', as defined in this section, of any country listed in Country Group D:1, D:2, D:3, D:4 or D:5 in supplement no. 1 to this part, except (i) 'Digital artifacts' (that are related to a cybersecurity incident involving information systems owned or operated by a 'favorable treatment cybersecurity end user') to police or judicial bodies in Country Group D countries that are also listed in Country Group A:6 for purposes of criminal or civil investigations or prosecutions of such cybersecurity incidents; or (ii) To national computer security incident response teams in Country Group D countries that are also listed in Country Group A:6 of 'cybersecurity items' for purposes of responding to cybersecurity incidents, for purposes of “vulnerability disclosure”, or for purposes of criminal or civil investigations or prosecutions of such cybersecurity incidents. (3) The restrictions in paragraphs (c)(1) and (2) of this section also apply to activities, including exports, reexports, and transfers (in-country), related to “vulnerability disclosure” and “cyber incident response”. Note 1 to paragraph ( c For paragraphs (c)(1) and (2) of this section, see Note 1 to ECCN 4E001 in the CCL (supplement no. 1 to part 774 of the EAR) excluding “vulnerability disclosure” and “cyber incident response” from control under 4E001.a or .c. (4) To a non-'government end user' located in any country listed in Country Group D:1 or D:5 of supplement no. 1 to this part, except (i) Cybersecurity items classified under ECCNs 4A005, 4D001.a (for 4A005 or 4D004), 4D004, 4E001.a (for 4A005, 4D001.a (for 4A005 or 4D004) or 4D004) and 4E001.c, to any 'favorable treatment cybersecurity end user'. (ii) “Vulnerability disclosure” or “cyber incident response”. (iii) Deemed exports. (5) If the exporter, reexporter, or transferor “knows” or has “reason to know” at the time of export, reexport, or transfer (in-country), including deemed exports and reexports, that the 'cybersecurity item' will be used to affect the confidentiality, integrity, or availability of information or information systems, without authorization by the owner, operator, or administrator of the information system (including the information and processes within such systems). [87 FR 31951, May 26, 2022] § 740.23 Medical Devices (MED). (a) Scope. See (1) The “part,” “component,” “accessory,” or “attachment” is being exported, reexported, or transferred (in-country) solely to replace a broken or nonoperational “part,” “component,” “accessory,” or “attachment” for use in or with a “medical device” that falls within the scope of paragraph (a) of this section, or the export, reexport, or transfer (in-country) of such replacement “parts,” “components,” “accessories,” and “attachments” is necessary and ordinarily incident to the proper preventative maintenance of such a “medical device;” and (2) The number of replacement “parts,” “components,” “accessories,” and “attachments” that are exported, reexported, transferred (in-country), and stored in Russia, Belarus, the temporarily occupied Crimea region of Ukraine, or the covered regions of Ukraine does not exceed the number of corresponding operational “parts,” “components,” “accessories,” and “attachments” currently in use in or with the relevant medical devices in Russia, Belarus, the temporarily occupied Crimea region of Ukraine, or the covered regions of Ukraine. (b) Restrictions. (1) To a “proscribed person” (including but not limited to `military end users' (see §§ 744.17(e) and 744.21(g)) or in situations in which an entity on the Entity List in supplement no. 4 to part 744 or on the Military End-User (MEU) List) is a party to the transaction as described in § 748.5(c) through (f) of the EAR; (2) Destined to a “production” “facility;” or (3) When you have “knowledge” that the item is intended to develop or produce items. Note 1 to paragraphs ( b The assembly in a hospital or other health care facility of a finished “medical device” completely “produced” outside of Russia, Belarus, the temporarily occupied Crimea region of Ukraine, or the covered regions of Ukraine” for the sole purpose of using that “medical device” at that facility is not considered a “production” activity for purposes of the restrictions under paragraphs (b)(2) and (3) of this section. (c) Verification. e.g., e.g., (d) Recordkeeping and review or inspection of records. [89 FR 33227, Apr. 29, 2024, as amended at 89 FR 68543, Aug. 27, 2024] § 740.24 Implemented Export Control (IEC). (a) Scope. License Exception IEC Eligible Items and Destinations, (b) Eligible items and destinations. License Exception IEC Eligible Items and Destinations. (c) Incorporation by reference. License Exception Implemented Export Controls (IEC) Eligible Items and Destinations, [email protected] www.bis.gov. www.archives.gov/federal-register/cfr/ibr-locations [email protected]. www.bis.gov/IEC. [89 FR 72937, Sept. 6, 2024, as amended at 89 FR 83428, Oct. 16, 2024] § 740.25 License Exception High Bandwidth Memory (HBM). (a) Scope. (b) Exporter, reexporter, transferor. (c) Conditions. (1) The 3A090.c items exported, reexported, or transferred to or within Macau or a destination specified in Country Group D:5 must be directly purchased by the designer of the co-packaged commodity not otherwise prohibited from receipt of the item; and (2) The 3A090.c items must be exported, reexported, or transferred (in-country) directly to the packaging site. (i) For 3A090.c items exported, reexported, or transferred (in-country) to a U.S., or Country Group A:5 or A:6-headquartered packaging site without an ultimate parent headquartered in Macau or a destination specified in Country Group D:5 of supplement no. 1 to part 740: (A) The packaging site must confirm in writing to the producer of the chips that the 3A090.c item was packaged and exported, reexported, or transferred (in-country) to the specified designer of the co-packaged commodity. This confirmation is considered an “export control document” and is subject to recordkeeping requirements in part 762. A copy of this record must be provided to BIS upon request; and (B) The finished, co-packaged commodities must not exceed the technical thresholds in ECCN 3A090, unless packaging the item is permitted under the Temporary General License (TGL) specified in paragraph (d) of General Order No. 4 in of supplement no. 1 to part 736. (ii) For 3A090.c items exported, reexported, or transferred (in-country) to any other packaging site, the finished, co-packaged commodities must be sent back to the exporter, reexporter, or transferor for export, reexport, or transfer (in-country) to the purchaser: (A) Upon receipt of the finished, co-packaged commodities, the exporter, reexporter, transferor must confirm the number of 3A090.c units contained within the finished, co-packaged chips received from the packaging site matches the number of 3A090.c items exported, reexported, or transferred (in-country) to the packaging site. This confirmation is considered an “export control document” and is subject to recordkeeping requirements in part 762. A copy of this record must be provided to BIS upon request; and (B) The finished, co-packaged commodities must not exceed the technical thresholds in ECCN 3A090.a or 3A090.b. (d) Restrictions. (1) To distributors. (2) To intermediate consignees, unless hired by the packaging site for freight forwarding or customs clearance. (3) To co-packaging at a “facility” located in Macau or a destination specified in Country Group D:5 where “production” of “advanced-node ICs” occurs. (e) Reporting requirement. (1) Information required. (ii) Quantity exported and quantity returned; (iii) Name of Consignee or designer of the co-packaged commodity; (iv) Name and address of the packaging site; (v) End use; and (vi) Explanation of measures already taken or planned to resolve the Red Flag. (2) Submission requirements. [email protected] [89 FR 96814, Dec. 5, 2024] § 740.26 License Exception Restricted Fabrication “Facility” (RFF). (a) Scope. (b) Definition. (c) Restrictions. (1) Items may not be used for the operation, installation, maintenance, repair, overhaul, or refurbishing of items specified in ECCNs 3B001.a.4, c, d, f.1, f.5, f.6, k to n, p.2, p.4, r, 3B002.c, 3B993, or 3B994 at a 'restricted fabrication facility'. (2) The item may not be used to produce “advanced-node integrated circuits.” (d) Notification requirements. [email protected]. (1) 45-Days Prior. (2) Within one business day. (e) Reporting requirements. [email protected]. (1) Installation. (2) Annual end-use confirmation. [89 FR 96814, Dec. 5, 2024, as amended at 90 FR 5309, Jan. 16, 2025] § 740.27 License Exception Artificial Intelligence Authorization (AIA). (a) Scope. (1) Eligible commodities for this exception are those specified in ECCNs 3A001.z.1.a, z.2.a, z.3.a, z.4.a; 3A090.a, if designed by an approved or authorized integrated circuit designer, as described in Note 1 to ECCN 3A090.a; 4A003.z.1.a, z.2.a; 4A004.z.1; 4A005.z.1; 4A090.a; 5A002.z.1.a, z.2.a, z.3.a, z.4.a, z.5.a, if designed by an approved or authorized integrated circuit designer, as described in Note 1 to ECCN 3A090.a; 5A004.z.1.a, z.2.a; and 5A992.z.1, if designed by an approved or authorized integrated circuit designer, as described in Note 1 to ECCN 3A090.a. (2) Eligible software and technology for this exception are: (i) Advanced Integrated Circuits: 3D001 (for “software” for commodities controlled by 3A001.z.1.a, z.2.a, z.3.a, z.4.a and 3A090.a); 4D001 (for “software” for commodities controlled by 4A003.z.1.a, z.2.a, 4A004.z.1, and 4A005.z.1); 4D090 (for “software” for commodities controlled by 4A090.a); 4E001 (for “technology” for commodities controlled by 4A003.z.1.a, z.2.a, 4A004.z.1, 4A005.z.1, 4A090.a or “software” specified by 4D001 (for 4A003.z.1.a, z.2.a 4A004.z.1, and 4A005.z.1) or 4D090.a); ; 5D002.z.1.a z.2.a, z.3.a, z.4.a, z.5.a, z.6.a, z.7.a, z.8.a, and z.9.a, or 5D992.z.1; 5E002 (for “technology” for commodities controlled by 5A002.z.1.a, z.2.a, z.3.a, z.4.a, z.5.a or 5A004.z.1.a, z.2.a or “software” specified by 5D002 (for 5A002. z.1.a, z.2.a, z.3.a, z.4.a, z.5.a or 5A004.z.1.a, z.2.a commodities)); and 5E992 (for “technology” for commodities controlled by 5A992.z.1 or “software” controlled by 5D992.z.1.) (ii) AI Model Weights specified by ECCN 4E091, subject to the additional requirements in paragraph (a)(3) of this section. (3) Additional authorization for AI model weights. For items identified in paragraph (a)(2)(ii) of this section only, this license exception also authorizes the export, reexport, and transfer (in-country) to entities headquartered, or whose ultimate parent company is headquartered, in the destinations listed in paragraph (a) of supplement no. 5 to this part 740, as long as: (i) The entities obtaining the items are located outside Macau or destinations specified in Country Group D:5, and (ii) These items will be stored in a facility that complies with paragraphs 14, 15 and 18 of the guidelines outlined in supplement no. 10 to part 748 (regardless of whether the facility is designated as a VEU). (b) Requirements prior to use of this license exception for eligible commodities, software, and technology identified in paragraphs (a)(1) and (a)(2)(i) of this section Furnish ECCN. (2) Ultimate consignee certification. (i) Is aware that [INSERT GENERAL DESCRIPTION AND APPLICABLE ECCN(S) OF ITEMS TO BE SHIPPED ( e.g., (ii) Agrees not to export, reexport, or transfer (in-country) these items to any end use or end user prohibited pursuant to part 744 of the EAR without BIS authorization; (iii) Agrees items received under this license exception are not, without prior authorization from the U.S. Department of Commerce's Bureau of Industry and Security (BIS), to be used to provide Infrastructure-as-a-Service (IaaS) access for training AI models specified in ECCN 4E091 for entities headquartered or located outside of, or whose ultimate parent company is headquartered outside of destinations listed in paragraph (a) of supplement no. 5 to part 740; (iv) Agrees that the items received under this license exception will not be exported, reexported, or transferred (in-country) to an entity headquartered or located outside of, or whose ultimate parent company is headquartered outside of paragraph (a) of supplement no. 5 to part 740 without prior authorization from BIS; and (v) Inserts [NAME(S), SIGNATURE(S), AND TITLE(S) OF PERSON(S) AUTHORIZED TO SIGN THIS DOCUMENT ON BEHALF OF THE ULTIMATE CONSIGNEE, AND DATE(S) DOCUMENT IS SIGNED]. (3) Notification to ultimate consignee of AIA shipment. (c) Reporting requirement. [email protected], [90 FR 4559, Jan. 15, 2025, as amended at 90 FR 5309, Jan. 16, 2025] § 740.28 License Exception Advanced Compute Manufacturing (ACM). (a) Scope. (b) Eligible commodities, software, and technology. (c) Ineligible destinations. (d) Private sector end user. (e) Accounting. [90 FR 4559, Jan. 15, 2025, as amended at 90 FR 5309, Jan. 16, 2025] § 740.29 License Exception Low Processing Performance (LPP). (a) Scope. (b) Eligible commodities. (c) Eligible destinations. (1) To destinations specified in Country Group D:5 or Macau, or (2) To any destination when the ultimate consignee is headquartered in or has an ultimate parent company headquartered in Macau or a destination specified in Country Group D:5. (d) Restriction on annual processing power volume of LPP. (e) Prohibited end use and end user. (f) Ultimate Consignee Statement. (i) Is aware that [INSERT GENERAL DESCRIPTION AND APPLICABLE ECCN(S) OF ITEMS TO BE SHIPPED ( e.g., (ii) Agrees not to export, reexport, or transfer these items to any use or user prohibited under Part 744 of the Export Administration Regulations; (iii) Certifies that they have not received a 'cumulative TPP' of 26,900,000 of ECCNs 3A001.z.1.a, z.2.a, z.3.a, z.4.a; 3A090.a; 4A003.z.1.a, z.2.a; 4A004.z.1; 4A005.z.1; 4A090.a; 5A002.z.1.a, z.2.a, z.3.a, z.4.a, z.5.a; 5A004.z.1.a, z.2.a; 5A992.z.1, 5A004.z.1.a, z.2.a; and 5A992.z.1 items in the relevant calendar year under License Exception LPP. (iv) Inserts [NAME(S), SIGNATURE(S), AND TITLE(S) OF PERSON(S) AUTHORIZED TO SIGN THIS DOCUMENT ON BEHALF OF THE ULTIMATE CONSIGNEE, AND DATE(S) DOCUMENT IS SIGNED]. (g) Reporting requirement. [email protected] (2) Ultimate consignees receiving eligible commodities under this License Exception TPP must notify BIS by email to [email protected] (3) Exporters and reexporters, prior to exporting or reexporting the eligible items, must notify BIS by email to [email protected] (h) Definitions Ultimate consignee. (2) Cumulative TPP. [90 FR 4559, Jan. 15, 2025] Supplement No. 1 to Part 740—Country Groups Country Group A Country [A:1] 1 [A:2] 2 [A:3] [A:4] 3 [A:5] [A:6] Albania X Argentina X X X X X Australia X X X X X Austria X X X X X Belgium X X X X X Brazil X X Bulgaria X X X X X Canada X X X X X Croatia X X X X Cyprus X X X Czech Republic X X X X X Denmark X X X X X Estonia X X X X Finland X X X X X France X X X X X Germany X X X X X Greece X X X X X Hungary X X X X X Iceland X X X X X India X X X X Ireland X X X X X Israel X Italy X X X X X Japan X X X X X Kazakhstan X Korea, South X X X X X Latvia X X X X Lithuania X X X X Luxembourg X X X X X Malta X X X Mexico X X X X Netherlands X X X X X New Zealand X X X X X Norway X X X X X Poland X X X X X Portugal X X X X X Romania X X X X Serbia X Singapore X Slovakia X X X X Slovenia X X X X South Africa X X X X Spain X X X X X Sweden X X X X X Switzerland X X X X X Taiwan X Türkiye X X X X X Ukraine 4 X X X United Arab Emirates 5 X United Kingdom X X X X X United States X X X X 1 2 3 4 5 Country Group B—Countries Afghanistan Albania Algeria Andorra Angola Antigua and Barbuda Argentina Aruba Australia Austria The Bahamas Bahrain Bangladesh Barbados Belgium Belize Benin Bhutan Bolivia Bosnia & Herzegovina Botswana Brazil Brunei Bulgaria Burkina Faso Burundi Cameroon Canada Cape Verde Central African Republic Chad Chile Colombia Comoros Congo (Democratic Republic of the) Congo (Republic of the) Costa Rica Cote d'lvoire Croatia Curaçao Cyprus Czech Republic Denmark Djibouti Dominica Dominican Republic Ecuador Egypt El Salvador Equatorial Guinea Eritrea Estonia Eswatini Ethiopia Fiji Finland France Gabon Gambia, The Germany Ghana Greece Grenada Guatemala Guinea Guinea-Bissau Guyana Haiti Honduras Hungary Iceland India Indonesia Ireland Israel Italy Jamaica Japan Jordan Kenya Kiribati Korea, South Kosovo Kuwait Latvia Lebanon Lesotho Liberia Lithuania Luxembourg Madagascar Malawi Malaysia Maldives Mali Malta Marshall Islands Mauritania Mauritius Mexico Micronesia, Federated States of Monaco Montenegro Morocco Mozambique Namibia Nauru Nepal Netherlands New Zealand Niger Nigeria North Macedonia Norway Oman Pakistan Palau Panama Papua New Guinea Paraguay Peru Philippines Poland Portugal Qatar Romania Rwanda Saint Kitts & Nevis Saint Lucia Saint Vincent and the Grenadines Samoa San Marino Sao Tome & Principe Saudi Arabia Senegal Serbia Seychelles Sierra Leone Singapore Sint Maarten (the Dutch two-fifths of the island of Saint Martin) Slovakia Slovenia Solomon Islands Somalia South Africa South Sudan, Republic of Spain Sri Lanka Sudan Suriname Sweden Switzerland Taiwan Tanzania Thailand Timor-Leste Togo Tonga Trinidad & Tobago Tunisia Türkiye Tuvalu Uganda Ukraine United Arab Emirates United Kingdom United States Uruguay Vanuatu Vatican City Western Sahara Zambia Zimbabwe Country Group C [Reserved] Country Group D Country [D: 1] [D: 2] [D: 3] [D: 4] [D: 5] 1 Afghanistan X X Armenia X X Azerbaijan X X Bahrain X X Belarus X X X X X Burma X X X Cambodia X Central African Republic X China (PRC) X X X X Congo (Democratic Republic of) X Cuba X X X Egypt X X Eritrea X Georgia X X Haiti X Iran X X X X Iraq X X X X X Israel X X X Jordan X X Kazakhstan X X Korea, North X X X X X Kuwait X X Kyrgyzstan X X Laos X Lebanon X X X Libya X X X X X Macau X X X Moldova X X Mongolia X X Nicaragua X X Oman X X Pakistan X X X Qatar X X Russia X X X X X Saudi Arabia X X Somalia X South Sudan, Republic of X Sudan X Syria X X X Taiwan X Tajikistan X X Turkmenistan X X Uzbekistan X X Venezuela X X X X X Vietnam X X Yemen X X X Zimbabwe X 1 Note to Country Group D:5: Federal Register. Federal Register Federal Register Country Group E 1 Country [E:1] 2 [E:2] Cuba X Iran X Korea, North X Syria X 1 (a) A comprehensive embargo (b) An embargo against certain persons, e.g., 2 [61 FR 12768, Mar. 25, 1996] Editorial Note: For Federal Register www.govinfo.gov. Supplement No. 2 to Part 740—Items That May Be Donated To Meet Basic Human Needs Under the Humanitarian License Exception (a) Health Equipment for the Handicapped Hospital Supplies and Equipment Laboratory Supplies and Equipment Medical Supplies and Devices Medicine-Processing Equipment Medicines Vitamins Water Resources Equipment Food Agricultural Materials and Machinery Suited to Small-Scale Farming Operations Agricultural Research and Testing Equipment Fertilizers Fishing Equipment and Supplies Suited to Small-Scale Fishing Operations (b) Food Insecticides Pesticides Seeds Small-Scale Irrigation Equipment Veterinary Medicines and Supplies (c) Clothes and Household Goods Bedding Clothes Cooking Utensils Fabric Personal Hygiene Items Soap-Making Equipment Weaving and Sewing Equipment (d) Shelter Building Materials Hand Tools (e) Education Books Individual School Supplies School Furniture Special Education Supplies and Equipment for the Handicapped (f) Basic Support Equipment and Supplies Necessary To Operate and Administer the Donative Program Audio-Visual Aids for Training Generators Office Supplies and Equipment Supplement No. 3 to Part 740—License Exception ENC Favorable Treatment Countries Austria Australia Belgium Bulgaria Canada Croatia Cyprus Czech Republic Estonia Denmark Finland France Germany Greece Hungary Iceland Ireland Italy Japan Latvia Lithuania Luxembourg Malta Netherlands New Zealand Norway Poland Portugal Romania Slovakia Slovenia Spain Sweden Switzerland Turkey United Kingdom [69 FR 71363, Dec. 9, 2004, as amended at 73 FR 57507, Oct. 3, 2008; 81 FR 64673, Sept. 20, 2016] Supplement No. 4 to Part 740—Annex A Firearm Models (a) Pistols/revolvers. (1) German Model P08 Pistol = SMCR. (2) IZH 34M, .22 Target pistol. (3) IZH 35M, .22 caliber Target pistol. (4) Mauser Model 1896 pistol = SMCR. (5) MC-57-1 pistol. (6) MC-1-5 pistol. (7) Polish Vis Model 35 pistol = SMCR. (8) Soviet Nagant revolver = SMCR. (9) TOZ 35, .22 caliber Target pistol. (10) MTs 440. (11) MTs 57-1. (12) MTs 59-1. (13) MTs 1-5. (14) TOZ-35M (starter pistol). (15) Biathlon-7K. (b) Rifles. (1) BARS-4 Bolt Action carbine. (2) Biathlon target rifle, .22. (3) British Enfield rifle = SMCR. (4) CM2, .22 target rifle (also known as SM2, .22). (5) German model 98K = SMCR. (6) German model G41 = SMCR. (7) German model G43 = SMCR. (8) IZH-94. (9) LOS-7, bolt action. (10) MC-7-07. (11) MC-18-3. (12) MC-19-07. (13) MC-105-01. (14) MC-112-02. (15) MC-113-02. (16) MC-115-1. (17) MC-125/127. (18) MC-126. (19) MC-128. (20) Saiga. (21) Soviet Model 38 carbine = SMCR. (22) Soviet Model 44 carbine = SMCR. (23) Soviet Model 91/30 rifle = SMCR. (24) TOZ 18, .22 bolt action. (25) TOZ 55. (26) TOZ 78. (27) Ural Target, .22lr. (28) VEPR rifle. (29) Winchester Model 1895, Russian Model rifle = SMCR. (30) Sever—double barrel. (31) IZH18MH single barrel break action. (32) MP-251 over/under rifle. (33) MP-221 double barrel rifle. (34) MP-141K. (35) MP-161K. (36) MTs 116-1. (37) MTs 116M. (38) MTs 112-02. (39) MTs 115-1. (40) MTs 113-02. (41) MTs 105-01. (42) MTs 105-05. (43) MTs 7-17 combination gun. (44) MTs 7-12-07 rifle/shotgun. (45) MTs 7-07. (46) MTs 109-12-07 rifle. (47) MTs 109-07 rifle. (48) MTs 106-07 combination. (49) MTs 19-97. (50) MTs 19-09. (51) MTs 18-3M. (52) MTs 125. (53) MTs 126. (54) MTs 127. (55) Berkut-2. (56) Berkut-2M1. (57) Berkut-3. (58) Berkut-2-1. (59) Berkut-2M2. (60) Berkut-3-1. (61) Ots-25. (62) MTs 20-07. (63) LOS-7-1. (64) LOS-7-2. (65) LOS-9-1. (66) Sobol (Sable). (67) Rekord. (68) Bars-4-1. (69) Saiga. (70) Saiga-M. (71) Saiga 308. (72) Saiga-308-1. (73) Saiga 308-2. (74) Saiga-9. (75) Korshun. (76) Ural-5-1. (77) Ural 6-1. (78) Ural-6-2. (79) SM-2. (80) Biatlon-7-3. (81) Biatlon-7-4. (82) Rekord-1. (83) Rekord-2. (84) Rekord-CISM. (85) Rekord-1-308. (86) Rekord-2-308. (87) Rekord-1-308-CISM. (88) VEPR. (89) VEPR Super. (90) VEPR Pioneer. (91) VEPR Safari. (92) TOZ 109. (93) KO 44-1. (94) TOZ 78-01. (95) KO 44. (96) TOZ 99. (97) TOZ 99-01. (98) TOZ 55-01 Zubr. (99) TOZ 55-2 Zubr. (100) TOZ 120 Zubr. (101) MTs 111. (102) MTs 109. (103) TOZ 122. (104) TOZ 125. (105) TOZ 28. (106) TOZ 300. [85 FR 4175, Jan. 23, 2020] Supplement No. 5 to Part 740—Artificial Intelligence Authorization Countries (a) Destinations eligible: Australia Belgium Canada Denmark Finland France Germany Ireland Italy Japan Netherlands New Zealand Norway Republic of Korea Spain Sweden Taiwan United Kingdom United States (b) Destinations that have provided government assurances to the U.S. Government and therefore are subject to a higher country allocation. [90 FR 4561, Jan. 15, 2025] Supplement No. 6 to Part 740—Approved Integrated Circuit Designers Note: See Note 1 to ECCN 3A090.a. Advanced Micro Devices, Inc.; Alphabet, Inc.; Amazon.com, Inc.; Analog Devices, Inc.; Apple, Inc.; BAE Systems, Inc.; Block, Inc.; The Boeing Company; Broadcom, Inc.; Cerebras Systems, Inc.; Cisco Systems, Inc.; Hewlett Packard Enterprise Company; Honeywell International, Inc.; Infineon Technologies AG; Intel Corporation; International Business Machines Corporation (IBM); L3Harris Technologies, Inc.; Marvell Technology, Inc.; MediaTek, Inc.; Meta Platforms, Inc.; Micron Technology, Inc.; Microsoft Corporation; Mitsubishi Group; Nokia Corporation; Nvidia Corporation; NXP Semiconductors NV; Qualcomm, Inc.; Raytheon Company; Realtek Semiconductor Corporation; Sony Group Corporation; Tesla, Inc.; Texas Instruments; and Western Digital Technologies, Inc. [90 FR 5310, Jan. 16, 2025] Supplement No. 7 to Part 740—Approved “OSAT” Companies Note: See Note 1 to ECCN 3A090.a. Amkor Technology, Inc.; Ardentec Corporation; ASE Technology Holding Co., Ltd.; Doosan Tesna, Inc.; Fabrinet; Giga Solution Tech. Co., Ltd.; GlobalFoundries, Inc. HT Micron Semicondutores SA; Intel Corporation; International Business Machines Corporation (IBM); KESM Industries Berhad; LB Semicon, Inc.; Micro Silicon Electronics Co., Ltd.; Nepes Corporation; Powertech Technology, Inc. (PTI); QP Technologies; Raytek Semiconductor, Inc.; Samsung Electronics Co. Ltd.; SFA Semicon Co., Ltd.; Shinko Electric Industries Co. Ltd.; Sigurd Microelectronics Corporation; Steco Co., Ltd.; Taiwan Semiconductor Manufacturing Company Limited (TSMC); and United Microelectronics Corporation (UMC). [90 FR 5310, Jan. 16, 2025] Supplement No. 8 to Part 740—Approved Ultimate Consignees and End Users for Advanced Computing Items and/or License Exception STA in the UAE This supplement specifies the ultimate consignees and end users in the UAE that may, as specified, receive certain advanced computing items license-free consistent with § 742.6(a)(6)(iii)(A)-(B) or items under License Exception STA, provided that in the case of License Exception STA, the export, reexport, or transfer (in-country) is not otherwise restricted under any of the general restrictions under § 740.2 and meets all of the applicable terms and conditions of License Exception STA. See §§ 740.2(a)(26) and 740.20. Other parties to the transaction, i.e., i.e., (a) Government agencies. (b) Other UAE ultimate consignees and end users. Entity Address Authorization Federal Register Group 42 Holding Ltd d/b/a/G42, including G42 Cloud Technology LLC [RESERVED] Advanced Computing Items Consistent with § 742.6(a)(6)(iii)(A)-(B) 91 FR 43038, Core42 Technology Projects LLC d/b/a/ Core42 [RESERVED] Advanced Computing Items Consistent with § 742.6(a)(6)(iii)(A)-(B) 91 FR 43038, Note 1 to paragraph ( b) The address column is included in the table to assist exporters, reexporters, and transferors to more easily identify the specified entities, but exporters, reexporters, and transferors are advised that an approved ultimate consignee or end user specified in this table may receive an item under License Exception STA at any of their addresses in the UAE. Note 2 to paragraph ( b Absent subsequent notice by BIS, the authorization provided for G42 and Core42 in this supplement shall automatically expire on April 6, 2027. (c) Certain U.S.-headquartered AI companies and their subsidiaries. Entity Authorization Federal Register Amazon.com, Inc Advanced Computing Items Consistent with § 742.6(a)(6)(iii)(A)-(B); License Exception STA 91 FR 43038, 7/14/2026. Apple, Inc Advanced Computing Items Consistent with § 742.6(a)(6)(iii)(A)-(B); License Exception STA 91 FR 43038, 7/14/2026. Google LLC Advanced Computing Items Consistent with § 742.6(a)(6)(iii)(A)-(B); License Exception STA 91 FR 43038, 7/14/2026. Meta Platforms, Inc Advanced Computing Items Consistent with § 742.6(a)(6)(iii)(A)-(B); License Exception STA 91 FR 43038, 7/14/2026. Microsoft Corporation Advanced Computing Items Consistent with § 742.6(a)(6)(iii)(A)-(B); License Exception STA 91 FR 43038, 7/14/2026. OpenAI Group PBC Advanced Computing Items Consistent with § 742.6(a)(6)(iii)(A)-(B); License Exception STA 91 FR 43038, 7/14/2026. Oracle Corporation Advanced Computing Items Consistent with § 742.6(a)(6)(iii)(A)-(B); License Exception STA 91 FR 43038, 7/14/2026. X.AI LLC Advanced Computing Items Consistent with § 742.6(a)(6)(iii)(A)-(B); License Exception STA 91 FR 43038, 7/14/2026. [91 FR 43038, July 14, 2026]