15 CFR Part 748 — Applications (Classification, Advisory, and License) and Documentation

PART 748—APPLICATIONS (CLASSIFICATION, ADVISORY, AND LICENSE) AND DOCUMENTATION Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; et seq.; § 748.1 General provisions. (a) Scope. (b) BIS responses. (c) Confidentiality. (d) Electronic filing required. (1) Reasons for authorizing paper submissions. (i) BIS has received no more than one submission ( i.e. and (ii) The party does not have access to the Internet; (iii) BIS has rejected the party's electronic filing registration or revoked its eligibility to file electronically; (iv) BIS has requested that the party submit a paper copy for a particular transaction; or (v) BIS has determined that urgency, a need to implement U.S. government policy or a circumstance outside the submitting party's control justify allowing paper submissions in a particular instance. (2) Procedure for requesting authorization to file paper applications, notifications, or requests. (3) BIS decision. [61 FR 12812, Mar. 25, 1996, as amended at 70 FR 8249, Feb. 18, 2005; 73 FR 49329, Aug. 21, 2008; 75 FR 36499, June 25, 2010; 78 FR 13469, Feb. 28, 2013; 78 FR 22723, Apr. 16, 2013; 80 FR 51730, Aug. 26, 2015; 81 FR 64676, Sept. 20, 2016; 81 FR 87426, Dec. 5, 2016] § 748.2 Obtaining forms; mailing addresses. (a) You may obtain the forms required by the EAR from any U.S. Department of Commerce District Office; or in person or by telephone or facsimile from the following BIS offices: (1) Outreach and Educational Services Division, U.S. Department of Commerce, 14th Street and Pennsylvania Ave., NW., Room H1099D, Washington, DC 20230, Tel: (202) 482-4811, Fax: (202) 482-2927, or (2) Bureau of Industry and Security, Western Regional Office, U.S. Department of Commerce, 2302 Martin St., Suite 330, Irvine, CA 92612, Tel: (949) 660-0144, Fax: (949) 660-9347, or (3) Bureau of Industry and Security, Western Regional Office, Northern California Branch, U.S. Department of Commerce, 160 W. Santa Clara Street, Suite 725, San Jose, CA 95113, Tel: (408) 998-8806, Fax: (408) 998-8677. (b) For the convenience of foreign consignees and other foreign parties, certain BIS forms may be obtained at U.S. Embassies and Consulates throughout the world. [61 FR 12812, Mar. 25, 1996, as amended at 69 FR 5690, Feb. 6, 2004; 70 FR 22249, Apr. 29, 2005; 72 FR 3945, Jan. 29, 2007; 73 FR 36, Jan. 2, 2008; 73 FR 49330, Aug. 21, 2008; 76 FR 40604, July 11, 2011; 78 FR 13469, Feb. 28, 2013; 79 FR 32626, June 5, 2014] § 748.3 Classification requests and advisory opinions. (a) Introduction. (b) Classification requests. (1) Each Classification Request must be limited to six items. Exceptions may be granted by BIS on a case-by-case basis for several related items if the relationship between the items is satisfactorily substantiated in the request. Classification requests must be supported by any descriptive literature, brochures, precise technical specifications or papers that describe the items in sufficient technical detail to enable classification by BIS submitted as PDF files attached to the SNAP-R submission unless a paper submission is authorized pursuant to § 748.1 of the EAR. (2) When submitting a classification request, you must complete Blocks 1 through 5, 14, 22(a), (b), (c), (d), and (i), 24, and 25 on the application. You must provide a recommended classification in Block 22(a) and explain the basis for your recommendation based on the technical parameters specified in the appropriate ECCN in Block 24. If you are unable to determine a recommended classification for your item, include an explanation in Block 24, identifying the ambiguities or deficiencies that precluded you from making a recommended classification. (3) BIS assigns each of its commodity classifications a Commodity Classification Automated Tracking System (CCATS) number. Neither the BIS classification nor the CCATS number may be relied upon or cited as evidence that the U.S. Government has determined that the items described in the commodity classification determination are subject to the EAR (See 15 CFR 734.3). (c) Advisory opinions. [email protected] http://www.bis.doc.gov. (1) Your submission must contain the following information if you are requesting guidance regarding interpretations of the EAR: (i) The name, title, and telephone and facsimile numbers of the person to contact, (ii) Your complete address comprised of street address, city, state, country, and postal code; and (2) If you are requesting BIS to determine whether a license is required, or the licensing policy related to a particular end-use, end-user, and/or destination, in addition to the information required in § 748.3(c)(1) you must also include: (i) All available information on the parties to the transaction and the proposed end-use or end-user, (ii) The model number for each item, where appropriate, (iii) The Export Control Classification Number, if known, for each item; and (iv) Any descriptive literature, brochures, technical specifications or papers that describe the items in sufficient technical detail to enable BIS to verify the correct classification. (3) Requests for Validated End-User authorization should be submitted in accordance with the provisions set forth in § 748.15 and supplement nos. 8 and 9 to this part. (4) To request an addition or modification to or removal from the approved integrated circuit designers list in supplement no. 6 to part 740 of the EAR or the approved “OSAT” companies list in supplement no. 7 to part 740 of the EAR, see § 748.16 of this part. (5) Advisory opinions are limited in scope to BIS's interpretation of EAR provisions. Advisory opinions differ from commodity classifications in that advisory opinions are not limited to the interpretation of provisions contained in the Commerce Control List. Advisory opinions may not be relied upon or cited as evidence that the U.S. Government has determined that the items described in the advisory opinion are not subject to the export control jurisdiction of another agency of the U.S. Government (See 15 CFR 734.3). (d) Classification requests for encryption items. (e) Classification requests to confirm that a “part,” “component,” “accessory,” “attachment,” or “software” is not “specially designed” Scope. (i) The “part,” “component,” “accessory,” “attachment,” or “software” does not meet the criteria of exclusion paragraph (b)(3) of the “specially designed” definition, but would meet the criteria if the minor changes in form or fit were determined to be insignificant by the U.S. Government. (ii) The performance capabilities of the “part,” “component,” “accessory,” “attachment,” or “software” are the same as those of a “part,” “component,” “accessory,” “attachment,” or “software” that would meet the criteria of exclusion paragraph (b)(3) of the definition of “specially designed” in § 772.1 of the EAR. (2) Information to be provided. (i) The classification request must indicate in Block 24 or in a separate PDF attachment included with the CCATS submission that the “part,” “component,” “accessory,” “attachment” or “software” would meet the criteria in paragraph (e)(1)(i) and (ii) of this section; (ii) A detailed explanation must be provided regarding all changes in form and fit; and (iii) A rationale must be provided that explains why such changes in form and fit should be treated as minor or insignificant in terms of their role in the performance capabilities of the enumerated item. (3) U.S. Government Review. (i) The insignificance of the changes in form and fit; (ii) The overall role of the “part,” “component,” “accessory,” “attachment,” or “software” in the performance capabilities of the enumerated or otherwise described item that it is used in or with; (iii) How substantively common it is to the other “part,” “component,” “accessory,” “attachment,” or “software” that would meet the paragraph (b)(3) criteria; (iv) Whether such a confirmation would be consistent with U.S. Government multilateral export control regime commitments; and (v) Any other criteria that may be relevant in determining whether the “part,” “component,” “accessory,” “attachment,” or “software” is “specially designed,” including an evaluation of how such a confirmation may affect U.S. national security and foreign policy interests. (4) CCATS response. (i) The “part,” “component,” “accessory,” “attachment,” or “software” is not “specially designed” on the basis of being within the scope of paragraph (b)(3) because the changes in form and fit have been determined by the U.S. Government to be minor or insignificant. In such cases, the new classification, which may be EAR99 or in another ECCN entry that does not use “specially designed,” will be provided as part of the BIS response;” (ii) The request under § 748.3(e) has been denied and the “part,” “component,” “accessory,” “attachment,” or “software” continues to be classified under a “specially designed” ‘catch-all’ (see the definition of “specially designed” in § 772.1 of the EAR). The response will also include a determination regarding where the “specially designed” “part,” “component,” “accessory,” “attachment,” or “software” is classified on the CCL; or (iii) Returned without action (RWA) because insufficient information was provided or information was not provided in a timely fashion. These requests will be reviewed closely, and they will likely require additional follow up questions of applicants, so responding to such requests in a timely fashion will be an important part of the process to ensure such requests are considered by the U.S. Government. Note to paragraph ( e Although these requests for confirmation that an item is not “specially designed” are also reviewed by the Departments of State and Defense, similar to § 748.3(b)(3), the public is reminded that neither the BIS classification nor the CCATS number may be relied upon or cited as evidence that the U.S. Government has determined that the “parts,” “components,” “accessories,” “attachments” and “software” described in the commodity classification determination or a release made from “specially designed” pursuant to § 748.3(e) are subject to the EAR (see § 734.3 of the EAR). (f) Classification requests for artificial intelligence models. [61 FR 12812, Mar. 25, 1996, as amended at 61 FR 68585, Dec. 30, 1996; 62 FR 25461, May 9, 1997; 65 FR 62609, Oct. 19, 2000; 67 FR 38868, June 6, 2002; 68 FR 35785, June 17, 2003; 70 FR 8249, Feb. 18, 2005; 72 FR 33659, June 19, 2007; 73 FR 49330, Aug. 21, 2008; 75 FR 36499, June 25, 2010; 75 FR 45054, Aug. 2, 2010; 78 FR 22724, Apr. 16, 2013; 78 FR 61745, Oct. 3, 2013; 81 FR 64676, Sept. 20, 2016; 86 FR 54812, Oct. 5, 2021; 90 FR 4562, Jan. 15, 2025; 90 FR 5312, Jan. 16, 2025] § 748.4 Basic guidance related to applying for a license. (a) License applicant Export transactions. (2) Routed export transactions. (3) Reexport transactions. (b) Disclosure of parties on license applications and the power of attorney Disclosure of parties. (2) Power of attorney or other written authorization Requirement. (A) An agent, applicant, licensee and exporter for a foreign principal party in interest in a routed transaction; or (B) An agent who prepares an application for export on behalf of a U.S. principal party in interest who is the actual applicant, licensee and exporter in an export transaction. (ii) Application. (c) Prohibited from applying for a license. (d) Prior action on a shipment. (1) Licenses for items subject to detention or seizure. (2) Licenses for items previously exported. (e) Multiple shipments. (f) Second application. (g) Resubmission. (h) Emergency processing. [61 FR 12812, Mar. 25, 1996, as amended at 65 FR 42569, July 10, 2000; 70 FR 8249, Feb. 18, 2005; 70 FR 22249, Apr. 29, 2005; 73 FR 49330, Aug. 21, 2008; 79 FR 32626, June 5, 2014; 80 FR 51730, Aug. 26, 2015; 85 FR 73413, Nov. 18, 2020] § 748.5 Parties to the transaction. The following parties may be entered on the application. The definitions, which also appear in part 772 of the EAR, are set out here for your convenience to assist you in filling out your application correctly. (a) Applicant. (b) Other party authorized to receive license. (c) Purchaser. (d) Intermediate consignee. (e) Ultimate consignee. (f) End-user. [65 FR 42569, July 10, 2000, as amended at 73 FR 49330, Aug. 21, 2008] § 748.6 General instructions for license applications. (a) Instructions. (2) License applications may require additional information due to the type of items requested in the application or the characteristics of the transaction. Special instructions for applications requiring such additional information are listed in § 748.8 and described fully in supplement no. 2 to this part. (3) License applications may also require additional information for evaluation of the parties in the transaction. Special instructions for applications requiring such additional information are listed in §§ 748.9 through 748.13. (b) Application Control Number. (c) Approval or denial in entirety. (d) Combining items on license applications. (e) Attachments to applications. (f) Changes in facts. (g) Request for extended license validity period. [61 FR 12812, Mar. 25, 1996, as amended at 73 FR 49330, Aug. 21, 2008; 80 FR 13217, Mar. 13, 2015] § 748.7 Registering for electronic submission of license applications and related documents. (a) Scope. (b) Registration and use of BIS's Simplified Network Applications System—Redesign (SNAP-R). https://snapr.bis.doc.gov/registration (c) Role of account administrator. (d) Role of individual users. (e) Effect of submission to BIS. (f) Requirement to keep identifying information accurate and current Filing entities. (2) Individual users. [76 FR 7105, Feb. 9, 2011, as amended at 80 FR 51730, Aug. 26, 2015; 81 FR 64676, Sept. 20, 2016; 81 FR 87426, Dec. 5, 2016] § 748.8 Unique application and submission requirements. In addition to the instructions contained in supplement no. 1 to this part 748, you must also ensure that the additional requirements for certain items or types of transactions described in this section are addressed in your license application. See supplement no. 2 to this part 748 if your application involves: (a) Chemicals, medicinals, and pharmaceuticals. (b) Communications intercepting devices. (c) Digital computers, telecommunications, and related equipment. (d) U.S. person support activities that require a license under § 744.6. (e) Intransit shipments through the United States. (f) Intransit shipments outside of the United States. (g) Nuclear Nonproliferation items and end-uses. (h) Numerical control devices, motion control boards, numerically controlled machine tools, dimensional inspection machines, direct numerical control systems, specially designed assemblies and specially designed software. (i) Parts, components, and materials incorporated abroad into foreign-made products. (j) Ship stores, plane stores, supplies, and equipment. (k) Regional stability controlled items. (l) Reexports. (m) Robots. (n) Short Supply controlled items. (o) Technology. (p) Temporary exports or reexports. (q) Exports of chemicals controlled for CW reasons by ECCN 1C350 to countries not listed in supplement no. 2 to part 745 of the EAR. (r) Encryption classification requests. (s) Exports of firearms and certain shotguns temporarily in the United States. (t) “600 Series Major Defense Equipment.” (u) Aircraft and vessels on temporary sojourn. (v) In-country transfers. (w) License Exception STA eligibility requests for “600 series” end items. (x) License application for a transaction involving a 9x515 and “600 series” item that is equivalent to a transaction previously approved under an ITAR license or other approval. (y) Satellite exports. (z) Firearms. (aa) Affiliates rule entities. (bb) Export license application for AI commodities. [61 FR 12812, Mar. 25, 1996, as amended at 64 FR 27146, May 18, 1999; 69 FR 64489, Nov. 5, 2004; 70 FR 8249, Feb. 18, 2005; 70 FR 54629, Sept. 16, 2005; 75 FR 36500, June 25, 2010; 78 FR 22724, Apr. 16, 2013; 79 FR 27436, May 13, 2014; 80 FR 2290, Jan. 16, 2015; 81 FR 64676, Sept. 20, 2016; 88 FR 73496, Oct. 25, 2023; 89 FR 34706, Apr. 30, 2024; 90 FR 47214, Sept. 30, 2025; 91 FR 1687, Jan. 15, 2026] Effective Date Note: At 90 FR 50857, Nov. 12, 2025, in § 748.8, paragraph (aa) was stayed, effective until Nov. 9, 2026. § 748.9 Support documents for evaluation of foreign parties in license applications and/or for promoting compliance with license requirements. (a) Scope. (b) Requirements to obtain support documents for license applications. (1) The People's Republic of China (PRC) other than the Hong Kong Special Administrative Region (see §§ 748.10 and 748.11(a)(2)); (2) “600 Series Major Defense Equipment” (see § 748.11); (3) Firearms and related commodities to member countries of the Organization of American States (see § 748.12); and (4) The Hong Kong Special Administrative Region of the People's Republic of China ( see Note 1 to paragraph ( b On a case-by-case basis, BIS may require license applicants to obtain a support document for any license application. Note 2 to paragraph ( b For End-Use Certificate requirements under the Chemical Weapons Convention, see § 745.2 of the EAR. (c) Exceptions to requirements to obtain support documents. (i) The ultimate consignee or purchaser is an “Agency of the United States Government” (see § 740.11(b)(1) for definition). If either the ultimate consignee or purchaser is not an agency of the United States government, however, a support document may still be required from the non-U.S. governmental party; (ii) The ultimate consignee or purchaser is a foreign government(s) or foreign government agency(ies), other than the government of the People's Republic of China. To determine whether the parties in a transaction meet the definition of “foreign government agency,” refer to the definition contained in part 772 of the EAR. If either the ultimate consignee or purchaser is not a foreign government or foreign government agency, however, a support document may still be required from the nongovernmental party; (iii) The license application is filed by, or on behalf of, a relief agency registered with the Advisory Committee on Voluntary Foreign Aid, U.S. Agency for International Development, for export to a member agency in the foreign country; (iv) The license application is submitted for commodities for temporary exhibit, demonstration, or testing purposes; (v) The license application is submitted for commodities controlled for short supply reasons (see part 754 of the EAR); (vi) [Reserved] (vii) The license application is submitted for software or technology; or (viii) The license application is submitted for encryption commodities controlled under ECCN 5A002, 5A004 or 5B002. (2) BIS will consider granting an exception to the requirement for obtaining a support document where the requirements cannot be met due to circumstances beyond the applicant's control. An exception will not be granted contrary to the objectives of the U.S. export control laws and regulations. Refer to § 748.13 of this part for specific instructions on procedures for requesting an exception. (d) Content of support documents. (1) English translation. (2) Responsibility for full disclosure. (ii) Misrepresentations, either through failure to disclose facts, concealing a material fact, or furnishing false information, may subject responsible parties to administrative or criminal action by BIS. (iii) In obtaining the required support document, the applicant is not relieved of the responsibility for full disclosure of any other information concerning the ultimate destination, end use, or end user of which the applicant knows, even if inconsistent with the representations made in the applicable support document. The applicant is responsible for promptly notifying BIS of any change in the facts contained in the support document that comes to the applicant's attention. (e) Procedures for using support document with license application Timing for obtaining support document. (2) Information necessary for license application. (f) Recordkeeping provisions. (g) Effect on license application review. (h) Grace period for complying with requirements following regulatory change. Federal Register (2) License applications filed during the 45-day grace period may require the submission of evidence available to the applicant that will support representations concerning the ultimate consignee, ultimate destination, and end use, such as copies of the order, letters of credit, correspondence between the applicant and ultimate consignee, or other documents received from the ultimate consignee. If such evidence is required, applicants must also identify the regulatory change (including its effective date) that justifies exercise of the 45-day grace period. [80 FR 13217, Mar. 13, 2015, as amended at 80 FR 51730, Aug. 26, 2015; 81 FR 64676, Sept. 20, 2016; 82 FR 6218, Jan. 19, 2017] § 748.10 People's Republic of China (PRC) End-User Statement. (a) Requirement to obtain document. (1) Cameras classified under ECCN 6A003 requiring a license to the PRC for any reason, and the value of such cameras exceeds $5,000; (2) Computers requiring a license to the PRC for any reason, regardless of the value of the computers; or (3) Any commodity(ies) requiring a license to the PRC for any reason on the Commerce Control List, and the total value of such commodity(ies) requiring a license exceeds $50,000. Note 1 to paragraph ( a If an order meets the commodity(ies) and value requirements listed above, then a PRC End-User Statement is required. An order may not be split into multiple license applications solely to avoid a requirement to obtain a PRC End-User Statement. Note 2 to paragraph ( a If an order includes both items that do require a license to the PRC and items that do not require a license to the PRC, the value of the latter items should not be factored into the value thresholds described above. Also, if a license application includes 6A003 cameras and other items requiring a license to the PRC, then the value of the 6A003 cameras should be factored into the value threshold described in paragraph (a)(3). Note 3 to paragraph ( a See § 748.11(a)(2) for permissive use of a Statement by Ultimate Consignee and Purchaser in place of a PRC End-User Statement. Note 4 to paragraph ( a On a case-by-case basis, BIS may require license applicants to obtain a PRC End-User Statement for a license application that would not otherwise require a PRC End-User Statement under the requirements of paragraph (a) of this section. Note 5 to paragraph ( a This requirement to obtain an end-user statement from the PRC Ministry of Commerce does not apply to transactions destined to the PRC Special Administrative Region of Hong Kong. (b) Obtaining the document. (2) PRC End-User Statements are issued and administered by the Ministry of Commerce; Department of Mechanic, Electronic and High Technology Industries; Export Control Division I; Chang An Jie No. 2; Beijing 100731 China; Phone: (86)(10) 6519 7366 or 6519 7390; Fax: (86)(10) 6519 7543; http://zzyhzm.mofcom.gov.cn/ www.bis.doc.gov (c) Content of the document. (2) License applicants must ensure that the following information is included on the PRC End-User Statement signed by an official of the Department of Mechanic, Electronic and High Technology Industries, Export Control Division I, of the PRC Ministry of Commerce (MOFCOM), with MOFCOM's seal affixed to it: (i) Title of contract and contract number (optional); (ii) Names of importer and exporter; (iii) End user and end use; (iv) Description of the commodity, quantity and dollar value; and (v) Signature of the importer and date. Note to paragraph ( c The license applicant should furnish the consignee with the commodity description contained in the CCL to be used in applying for the PRC End-User Statement. It is also advisable to furnish a manufacturer's catalog, brochure, or technical specifications if the commodity is new. (d) Procedures for using document with license application Using a PRC End-User Statement for multiple applications. (2) Alterations. (3) Validity period. [80 FR 13218, Mar. 13, 2015, as amended at 85 FR 83792, Dec. 23, 2020] § 748.11 Statement by Ultimate Consignee and Purchaser. (a) Requirement to obtain document General requirement for all countries excluding the People's Republic of China (PRC). (2) Permissive substitute of Statement by Ultimate Consignee and Purchaser in place of PRC End-User Statement. i.e., (3) Exception to general requirement. Note 1 to paragraph ( a An order may not be split into multiple license applications solely to avoid a requirement to obtain a Statement by Ultimate Consignee and Purchaser. Note 2 to paragraph ( a On a case-by-case basis, BIS may require license applicants to obtain a Statement by Ultimate Consignee and Purchaser for a license application that would not otherwise require a Statement by Ultimate Consignee and Purchaser under the requirements of paragraph (a) of this section. (b) Obtaining the document. (2) If the consignee and purchaser elect to complete the statement on letterhead and both the ultimate consignee and purchaser are the same entity, only one statement is necessary. (3) If the ultimate consignee and purchaser are separate entities, separate statements must be prepared and signed. (4) If the ultimate consignee and purchaser elect to complete Form BIS-711, only one Form BIS-711 (containing the signatures of the ultimate consignee and purchaser) need be completed. (5) Whether the ultimate consignee and purchaser sign a written statement or complete Form BIS-711, the following constraints apply: (i) Responsible officials representing the ultimate consignee or purchaser must sign the statement. “Responsible official” is defined as someone with personal knowledge of the information included in the statement, and authority to bind the ultimate consignee or purchaser for whom they sign, and who has the power and authority to control the use and disposition of the licensed items. (ii) The authority to sign the statement may not be delegated to any person (agent, employee, or other) whose authority to sign is not inherent in his or her official position with the ultimate consignee or purchaser for whom he or she signs. The signing official may be located in the United States or in a foreign country. The official title of the person signing the statement must also be included. (iii) The consignee and/or purchaser must submit information that is true and correct to the best of their knowledge and must promptly send a new statement to the applicant if changes in the facts or intentions contained in their statement(s) occur after the statement(s) have been forwarded to the applicant. Once a statement has been signed, no corrections, additions, or alterations may be made. If a signed statement is incomplete or incorrect in any respect, a new statement must be prepared, signed and forwarded to the applicant. (c) Content of the document. (d) Procedures for using document with license application Validity period. (ii) All subsequent license applications supported by the same Statement by Ultimate Consignee and Purchaser must be submitted within four years of signature by the consignee or purchaser, whichever was last. (2) [Reserved] [80 FR 13219, Mar. 13, 2015] § 748.12 Firearms import certificate or import permit. License applications for certain firearms and related commodities require support documents in accordance with this section. For destinations that are members of the Organization of American States (OAS), an FC Import Certificate, equivalent official document, or the electronic equivalent document officially issued by the foreign government is required in accordance with paragraphs (a) through (d) of this section. For other destinations that require a firearms import certificate or permit, the firearms import certificate or permit is required in accordance with paragraph (e) of this section. (a) Requirement to obtain and submit documentation for OAS member states. (1) Items subject to requirement. (2) Countries subject to requirement. (ii) [Reserved] (3) Equivalent official document in place of an FC Import Certificate. e.g., (b) Obtaining the document. e.g., (2) If the government of the importing country will not issue an FC Import Certificate or its official equivalent, the applicant must supply the information described in paragraphs (c)(1) and (c)(6) through (c)(8) of this section on company letterhead. (c) Content of the document. (1) Applicant's name and address. The applicant may be either the exporter, supplier, or order party. (2) FC Import Certificate Identifier/Number. (3) Name of the country issuing the certificate or unique country code. (4) Date the document was issued, in international date format ( e.g., (5) Name of the agency issuing the certificate, address, telephone and facsimile numbers, signing officer name, and signature. (6) Name of the importer, address, telephone and facsimile numbers, country of residence, representative's name if commercial or government body, citizenship, and signature. (7) Name of the end user(s), if known and different from the importer, address, telephone and facsimile numbers, country of residence, representative's name if commercial (authorized distributor or reseller) or government body, citizenship, and signature. Note that BIS does not require the identification of each end user when the firearms and related commodities will be resold by a distributor or reseller if unknown at the time of export. (8) Description of the commodities approved for import including a technical description and total quantity of firearms, parts and components, ammunition and parts. Note 1 to paragraph (c)(8) You must furnish the consignee with a detailed technical description of each commodity to be given to the government for its use in issuing the FC Import Certificate. For example, for shotguns, provide the type, barrel length, overall length, number of shots, the manufacturer's name, and the country of manufacture. For ammunition, provide the caliber, velocity and force, type of bullet, manufacturer's name and country of manufacture. (9) Expiration date of the FC Import Certificate in international date format ( e.g., (10) Name of the country of export ( i.e., (11) Additional information. Certain countries may require the tariff classification number, by class, under the Brussels Convention (Harmonized Tariff Code) or the specific technical description of a commodity. For example, shotguns may need to be described in barrel length, overall length, number of shots, manufacturer's name and country of manufacture. The technical description is not the Export Control Classification Number (ECCN). (d) Procedures for using document with license application Information necessary for license application. (2) Alterations. (3) Validity period. Note 2 to paragraph (d)(3) Applicants for license applications for exports and reexports to an OAS member country must submit the initial FC Import Certificate with the license application. All BIS licenses for ECCNs 0A501, 0A505, 0A506, 0A507, and 0A509 except for 0A509.a for items for ECCN 0A502 or ECCN 0A508, and 0A509.d commodities will include a standard rider that requires that the applicant/exporter must have a current FC Import Certificate on file prior to export. While FC Import Certificates are usually valid for 1 year, BIS licenses are generally valid for 4 years. The text of the standard rider will generally be as follows: “A current, complete, accurate and valid Firearms Convention (FC) Import Certificate (or equivalent official document) shall be obtained, if required by the government of the importing country, from the Ultimate Consignee and maintained in the exporter's file prior to any export of the item(s) listed on this license. A copy shall be provided to the U.S. Government upon request. (Refer to § 742.17(b) of the EAR for guidance.)” (e) Requirement to obtain an import certificate or permit for other than OAS member states. (1) A license is not required for the export or reexport; or (2) The exporter is required to obtain an import or end-user certificate or other equivalent official document pursuant to paragraphs (a) thorough (d) of this section and has, in fact, complied with that requirement. (3)(i) The number or other identifying information of the import certificate or permit must be stated on the license application. (ii) If the country to which the commodities are being exported does not require an import certificate or permit for firearms imports, that fact must be noted on any license application for ECCN 0A501 or 0A505 commodities. Note 3 to paragraph ( e Applicants for license applications for exports and reexports to countries requiring that a government-issued certificate or permit be obtained prior to importing the commodity must have the initial government-issued certificate or permit prior to any export. All BIS licenses for ECCNs 0A501 and 0A505 commodities will include a standard rider that requires that the applicant/exporter have a government-issued certificate or permit on file prior to export. Note that while government-issued certificates or permits are usually valid for 1 year, BIS licenses are valid for 4 years. The text of the standard rider will generally be as follows: “A current, complete, accurate and valid Firearms Convention (FC) Import Certificate (or equivalent official document) shall be obtained, if required by the government of the importing country, from the Ultimate Consignee and maintained in the Exporter's file prior to any export of the item(s) listed on this license. A copy shall be provided to the U.S. Government upon request. (Refer to § 742.17(b) of the EAR for guidance.)” Note 4 to paragraph ( e Obtaining a BIS Statement by Ultimate Consignee and Purchaser pursuant to § 748.11 does not exempt the exporter or reexporter from the requirement to obtain a certification pursuant to paragraph (a) of this section because that statement is not issued by a government. [80 FR 13219, Mar. 13, 2015, as amended at 85 FR 4177, Jan. 23, 2020; 86 FR 46594, Aug. 19, 2021; 89 FR 34706, Apr. 30, 2024; 90 FR 47193, Sept. 30, 2025] § 748.13 Hong Kong import and export licenses. (a) Requirement to obtain the document Exports and reexports to Hong Kong. (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 the items to be exported or reexported pursuant to that BIS license 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 to Hong Kong. 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. (2) Reexports from Hong Kong. (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 rexported pursuant to that BIS license 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 export license is required from Hong Kong for the item(s) to be reexported. 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. (b) Recordkeeping. [82 FR 6218, Jan. 19, 2017] § 748.14 Granting of exceptions to the support documentation requirements. (a) Overview. (b) Procedure for requesting an exception. (c) Action by BIS Single transaction request. (2) Multiple transactions request. [80 FR 13220, Mar. 13, 2015. Redesignated at 82 FR 6218, Jan. 19, 2017] § 748.15 Authorization Validated End-User (VEU). Validated end-users (VEU) are those who have been previously approved by BIS pursuant to the requirements of this section. To be eligible for authorization VEU, exporters, reexporters, and validated end-user applicants must adhere to the conditions and restrictions set forth in paragraphs (a) through (f) of this section. If a request for VEU Authorization for a particular end-user is not granted, no new license requirement is triggered. In addition, such a result does not render the end user ineligible for license approvals from BIS. There are two types of VEU authorization: General VEU Authorization and Data Center VEU Authorization. General VEU Authorizations permit the export, reexport, and transfer to validated end-users of any eligible items that will be used in a specific eligible destination. Data Center VEU Authorizations permit the export and reexport to validated end-users of any eligible items that will be used in specific data centers. A data center is a facility or “facilities” that house a multi-racked, networked computer system that include servers, storage devices, and networking equipment. Data Center VEU Authorizations may be either universal or national authorizations. (a)(1) Eligible end-users for General VEU Authorizations and Data Center VEU Authorizations. (2) Requests for authorizations Advisory opinion. (ii) Applications for Universal VEU (UVEU) Authorization Application Overview. (B) UVEU Compute Geographic Allocations. (iii) Applications for National VEU (NVEU) Authorization Application Overview. (B) NVEU TPP Allocation. Table 1 to Paragraph (a)(2)(iii)(B) Quarter Cumulative 2025 Q1 633,000,000 2025 Q2 949,500,000 2025 Q3 1,266,000,000 2025 Q4 1,582,500,000 2026 Q1 1,899,000,000 2026 Q2 2,690,250,000 2026 Q3 3,481,500,000 2026 Q4 4,272,750,000 2027 Q1-4 5,064,000,000 These TPP allocations represent permitted cumulative installed base during a given quarter, not newly available TPP in addition to previous-quarter installed bases, and do not count towards or impact country allocations. Advanced computing ICs that suffer attrition due to factors such as loss, damage, failure, relocation, and resale do not count toward allocations. (iv) Information to include and address for submissions. (3) Conditions and Restrictions. (4) VEU Status. (5) Continuing Representations. (b) Eligible destinations General VEU Authorizations. (i) The People's Republic of China. (ii) India. (2) Data Center VEU Authorizations. (ii) NVEU may be headquartered, have an ultimate parent headquartered, or located in a destination specified in Country Groups A, B, or D:1-D:4, except Macau or destinations specified in Country Group D:5. NVEU data centers can be built around the world, except in Macau or destinations specified in Country Group D:5. (c) Item restrictions. (2) Eligible items for Data Center VEU Authorizations are all those items on the Commerce Control List, that require a license to the destination excluding “600 series” items, and are necessary for a data center. (d) End-use restrictions General VEU Authorizations. (i) Use such items at the end-user's own facility located in an eligible destination or at a facility located in an eligible destination over which the end-user demonstrates effective control; (ii) Consume such items during use; or (iii) Transfer or reexport such items only as authorized by BIS. (2) Data Center VEU Authorizations. (i) Use such items at the end user's own facility located in an authorized destination; (ii) Consume such items during use; or (iii) In-country transfers and reexports are not permitted under Data Center VEU Authorization unless the transfer (in-country) or reexport is to a VEU authorized location by the same VEU or a separate authorization is obtained. Note 1 to paragraph ( d) Authorizations set forth in supplement no. 7 to this part are country-specific. Authorization as a validated end-user for one country specified in paragraph (b) of this section does not constitute authorization as a validated end-user for any other country specified in that paragraph. (e) Certification and recordkeeping. (f) Reporting and review requirements Reports Reexport Information Required for both types of VEU authorizations. (A) The name and address of each validated end-user to whom eligible items were reexported; (B) The eligible destination to which the items were reexported; (C) The quantity of such items; (D) The value of such items; and (E) The ECCN(s) of such items. (ii) End user reports for Data Center VEU Authorizations. (A) A record of current inventory of eligible items received; (B) Dates of when eligible items were received; and (C) For NVEUs, a list of current customers. (iii) Deadlines. (A) The first report is due July 15 of each year and must cover the period from January 1 through June 30; (B) The second report is due January 15 of each year and must cover the period from July 1 to December 31 of the previous year. (iv) Addresses. (2) Reviews. (g) Notification requirement. (h) Termination of Conditions on VEU Authorizations. (i) Records. [89 FR 80083, Oct. 2, 2024, as amended at 90 FR 4562, Jan. 15, 2025] § 748.16 Approved integrated circuit designers list and approved “OSAT” companies list, addition, removal, or modification requests. You must submit an advisory opinion, in accordance with § 748.3 of this part and the provisions in this section, to request an addition or modification to or removal from the approved integrated circuit designers list in supplement no. 6 to part 740 of the EAR, or the approved “OSAT” companies list in supplement no. 7 to part 740 of the EAR. The advisory opinion request must adhere to the provisions in paragraphs (a) through (d) of this section. Denied requests do not result in new license requirements or render the applicant ineligible for license approvals from BIS, nor does a denied request preclude a company from submitting a subsequent request. (a)(1) Requests to be added. (2) Requests for removal or modification. e.g., (3) Submission of requests. [email protected] (4) Review of requests for addition, modification, or removal. (i) The ERC will consider a range of information for requests to be added to a list, potentially including but not limited to such factors as: (A) the applicant's record of exclusive engagement in appropriate end-use activities; (B) the applicant's compliance with U.S. export controls; (C) the need for an on-site review prior to approval; (D) the applicant's capability of complying with the requirements of being added to the approved integrated circuit designers list or approved “OSAT” companies list; (E) the ability of the applicant to guard against both the misuse and diversion of computing resources; and (F) the applicant's relationships with U.S. and foreign companies. In addition, when evaluating the application, the ERC will consider the status of the export controls of the country or countries where the applicant is headquartered, and these countries' support of and adherence to multilateral export control regimes. (ii) Requests to modify a listing due to a change in ownership or other substantive change to the listed entity will be considered in light of all of the criteria listed above. Requests to modify a listing to correct clerical errors or non-substantive changes to the listed entity's information will typically be approved. (iii) In reviewing requests to be removed from a list, BIS will consider facts regarding the entity's compliance with the requirements of its status and the entity's rationale for removing its status. In general, requests to be removed from a list will be approved. (5) Approval status. i.e., (6) Continuing representations. (b) Recordkeeping. (c) Reporting requirements. (d) Termination of reporting requirements. [90 FR 5312, Jan. 16, 2025] Supplement No. 1 to Part 748—BIS-748P, BIS-748P-A; Item Appendix, and BIS-748P-B; End-User Appendix; Multipurpose Application Instructions All information must be legibly typed within the lines for each Block or Box, except where a signature is required. Enter only one typed line of text per Block or line. Where there is a choice of entering telephone numbers or facsimile numbers, and you wish to provide a facsimile number instead of a telephone number, identify the facsimile number with the letter “F” immediately after the number (e.g., 022-358-0-123456F). If you are completing this form to request classification of your item, you must complete Blocks 1 through 5, 14, 22 (a), (b), (c), (d), and (i), 24, and 25 only. Block 1: Contact Person. Enter the name of the person who can answer questions concerning the application. Block 2: Telephone. Enter the telephone number of the person who can answer questions concerning the application. Block 3: Facsimile. Enter the facsimile number, if available, of the person who can answer questions concerning the application. Block 4: Date of Application. Enter the current date. Block 5: Type of Application. Export. Classification. Block 6: Documents submitted with Application. Review the documentation you are required to submit with your application in accordance with the provisions of part 748 of the EAR, and mark all applicable Boxes with an (X). Mark the Box “Foreign Availability” with an (X) if you are submitting an assertion of foreign availability with your license application. See part 768 of the EAR for instructions on foreign availability submissions. If you are not Mark the “Tech. Specs.” box with an (X) if you are submitting descriptive literature, brochures, technical specifications, etc. with your application. Mark the “Other” box with an (X) and insert the phrase “STA request” for the description of the support document to submit a request for License Exception STA eligibility pursuant to § 740.20(g). (See supplement no. 2 to part 748 under paragraph (w) for unique application and submission requirements for License Exception STA eligibility requests described under this Block 6.) Block 7: Documents on File with Applicant. Certify that you have retained on file all applicable documents as required by the provisions of part 748 by placing an (X) in the appropriate Box(es). Block 8: [Reserved] Block 9: Special Purpose. Complete this block for certain items or types of transactions only if specifically required in supplement no. 2 to this part. Block 10: Resubmission Application Control Number. If your original application was returned without action (RWA), provide the Application Control Number. This does not apply to applications returned without being registered. Block 11: Replacement License Number. If you have received a license for identical items to the same ultimate consignee, but would like to make a modification that is not excepted in § 750.7(c) of the EAR, to the license as originally approved, enter the original license number and complete Blocks 12 through 25, where applicable. Include a statement in Block 24 regarding what changes you wish to make to the original license. Block 12: Items Previously Exported. This Block should be completed only if you have marked the “Reexport” box in Block 5. Enter the license number, License Exception symbol (for exports under General Licenses, enter the appropriate General License symbol), or other authorization under which the items were originally exported, if known. Block 13: Import/End-User Certificate. Enter the name of the country and number of the Import or End User Certificate obtained in accordance with provisions of this part. Block 14: Applicant. Enter the applicant's name, street address, city, state/country, and postal code. Provide a complete street address. P.O. Boxes are not acceptable. Refer to § 748.5(a) of this part for a definition of “applicant”. If you have marked “Export” in Block 5, you must include your company's Employer Identification Number unless you are filing as an individual or as an agent on behalf of the exporter. The Employee Identification Number is assigned by the Internal Revenue Service for tax identification purposes. Accordingly, you should consult your company's financial officer or accounting division to obtain this number. Block 15: Other Party Authorized to Receive License. If you would like BIS to transmit the approved license to another party designated by you, complete all information in this Block, including name, street address, city, country, postal code and telephone number. Leave this space blank if the license is to be sent to the applicant. Designation of another party to receive the license does not alter the responsibilities of the applicant. Block 16: Purchaser. Enter the purchaser's complete name, street address, city, country, postal code, and telephone or facsimile number. Refer to § 748.5(c) of this part for a definition of “purchaser”. If the purchaser is also the ultimate consignee, enter the complete name and address. If your proposed transaction does not involve a separate purchaser, leave Block 16 blank. Block 17: Intermediate consignee. Enter the intermediate consignee's complete name, street address, city, country, postal code, and telephone or facsimile number. Provide a complete street address, P.O. Boxes are not acceptable. Refer to § 748.5(d) of this part for a definition of “intermediate consignee”. If this party is identical to that listed in Block 16, enter the complete name and address. If your proposed transaction does not involve use of an intermediate consignee, enter “None”. If your proposed transaction involves more than one intermediate consignee, provide the same information in Block 24 for each additional intermediate consignee. Block 18: Ultimate Consignee. This Block must be completed if you are submitting a license application. Enter the ultimate consignee's complete name, street address, city, country, postal code, and telephone or facsimile number. Provide a complete street address, P.O. Boxes are not acceptable. The ultimate consignee is the party who will actually receive the item for the end-use designated in Block 21. Refer to § 748.5(e) of this part for a definition of “ultimate consignee”. A bank, freight forwarder, forwarding agent, or other intermediary may not be identified as the ultimate consignee. Government purchasing organizations are the sole exception to this requirement. This type of entity may be identified as the government entity that is the actual ultimate consignee in those instances when the items are to be transferred to the government entity that is the actual end-user, provided the actual end-user and end-use is clearly identified in Block 21 or in the additional documentation attached to the application. If your application is for the reexport of items previously exported, enter the new ultimate consignee's complete name, street address, city, country, postal code, and telephone or facsimile number. Provide a complete street address, P.O. Boxes are not acceptable. If your application involves a temporary export or reexport, the applicant should be shown as the ultimate consignee in care of a person or entity who will have control over the items abroad. Block 19: End-User. Complete this Block only if the ultimate consignee identified in Block 18 is not the actual end-user. If there will be more than one end-user, use Form BIS-748P-B to identify each additional end-user. Enter each end-user's complete name, street address, city, country, postal code, and telephone or facsimile number. Provide a complete street address, P.O. Boxes are not acceptable. Block 20: Original Ultimate Consignee. If your application involves the reexport of items previously exported, enter the original ultimate consignee's complete name, street address, city, country, postal code, and telephone or facsimile number. Provide a complete street address, P.O. Boxes are not acceptable. The original ultimate consignee is the entity identified in the original application for export as the ultimate consignee or the party currently in possession of the items. Block 21: Specific End-Use: This Block must be completed if you are submitting a license application. Provide a complete and detailed description of the end-use intended by the ultimate consignee and/or end-user(s). If you are requesting approval of a reexport, provide a complete and detailed description of the end-use intended by the new ultimate consignee or end-user(s) and indicate any other countries for which resale or reexport is requested. If additional space is necessary, use Block 21 on Form BIS-748P-A or B. Be specific—vague descriptions such as “research”, “manufacturing”, or “scientific uses” are not acceptable. Block 22: For a license application, you must complete each of the sub-blocks contained in this Block. If you are submitting a classification request, you need not complete Blocks (e), (f), (g), and (h). If you wish to export, reexport, or have BIS classify more than one item, use Form BIS-748P-A for additional items. (a) ECCN. Enter the Export Control Classification Number (ECCN) that corresponds to the item you wish to export or reexport. If you are asking BIS to classify your item, provide a recommended classification for the item in this Block. (b) CTP. You must enter the “Adjusted Peak Performance” (“APP”) in this Block if your application includes a digital computer or equipment containing a computer as described in supplement no. 2 to this part. Instructions on calculating the APP are contained in a Technical Note at the end of Category 4 in the CCL. (c) Model Number. Enter the correct model number for the item. (d) CCATS Number. If you have received a classification for this item from BIS, provide the CCATS number shown on the classification issued by BIS. (e) Quantity. Identify the quantity to be exported or reexported, in terms of the unit commonly used in the trade. (f) Units. The unit of quantity used in Block 22(e) must be entered on all license applications submitted to BIS. This Block may be left blank on license applications for technology only. (g) Unit Price. Provide the fair market value of the items you wish to export or reexport. Round all prices to the nearest whole dollar amount. Give the exact unit price only if the value is less than $0.50. If normal trade practices make it impractical to establish a firm contract price, state in Block 24 the precise terms upon which the price is to be ascertained and from which the contract price may be objectively determined. (h) Total Price. Provide the total price of the item(s) described in Block 22(j). (i) Manufacturer. Provide the name only of the manufacturer, if known, for each of the items you wish to export, reexport, or have BIS classify, if different from the applicant. (j) Technical Description. Provide a description of the item(s) you wish to export, reexport, or have BIS classify. Provide details when necessary to identify the specific item(s), include all characteristics or parameters shown in the applicable ECCN using measurements identified in the ECCN (e.g., basic ingredients, composition, electrical parameters, size, gauge, grade, horsepower, etc.). These characteristics must be identified for the items in the proposed transaction when they are different than the characteristics described in promotional brochure(s). Block 23: Total Application Dollar Value. Enter the total value of all items contained on the application in U.S. Dollars. The use of other currencies is not acceptable. Block 24: Additional Information. Enter additional data pertinent to the application as required in the EAR. Include special certifications, names of parties of interest not disclosed elsewhere, explanation of documents attached, etc. Do not include information concerning Block 22 in this space. If your application represents a previously denied application, you must provide the Application Control Number from the original application. If you are requesting BIS to classify your product, use this space to explain why you believe the ECCN entered in Block 22(a) is appropriate. This explanation must contain an analysis of the item in terms of the technical control parameters specified in the appropriate ECCN. If you have not identified a recommended classification in Block 22(a), you must state the reason you cannot determine the appropriate classification, identifying anything in the regulations that you believe precluded you from determining the correct classification. If additional space is necessary, use Block 24 on Form BIS-748P-A or B. This Block should be completed if your application includes a 9x515 or “600 series” item that is equivalent to a transaction previously approved under an ITAR license or other approval. Enter the previous State license number or other approval identifier in Block 24 of the BIS license application. If more than one previous State license number or other approval identifier is applicable, then enter the most recent one. Only those license applications where the particulars of the EAR license application are equivalent as previously authorized under the ITAR license or other approval in regard to the description of the item (including the item's function, performance capabilities, form and fit), purchaser, ultimate consignee and end users on the license will receive full consideration under this paragraph, which may result in a quicker processing time. The classification of the 9x515 or “600 series” item in question will no longer be the same because the item would no longer be “subject to the ITAR,” but all other aspects of the description of the item must be the same in order to be reviewed under this expedited process under paragraph (x) of supplement no. 2 to part 748 of the EAR. Block 25: You, as the applicant or duly authorized agent of the applicant, must manually sign in this Block. Rubber-stamped or electronic signatures are not acceptable. If you are an agent of the applicant, in addition to providing your name and title in this Block, you must enter your company's name in Block 24. Type both your name and title in the space provided. [61 FR 12812, Mar. 25, 1996, as amended at 62 FR 25462, May 9, 1997; 68 FR 35786, June 17, 2003; 71 FR 20886, Apr. 24, 2006; 73 FR 21036, Apr. 18, 2008; 75 FR 36500, June 25, 2010; 78 FR 22724, Apr. 16, 2013; 78 FR 61745, Oct. 3, 2013; 78 FR 61902, Oct. 4, 2013; 79 FR 27436, May 13, 2014; 80 FR 51730, Aug. 26, 2015; 81 FR 64676, Sept. 20, 2016] Supplement No. 2 to Part 748—Unique Application and Submission Requirements In addition to the instructions contained in supplement no. 1 to part 748, you must also ensure that the additional requirements for certain items or types of transactions described in this supplement are addressed in your license application. All other blocks not specifically identified in this supplement must be completed in accordance with the instructions contained in supplement no. 1 to part 748. The term “Block” used in this supplement relates to Form BIS-748P, unless otherwise noted. (a) Chemicals, medicinals, and pharmaceuticals. (1) Facts relating to the grade, form, concentration, mixture(s), or ingredients as may be necessary to identify the item accurately, and; (2) The Chemical Abstract Service Registry (C.A.S.) numbers, if they exist, must be identified. (b) Communications intercepting devices. (c) Computers, telecommunications, information security items, and related equipment. (1) Requirements for license applications that include computers. If you are submitting a license application to export or reexport computers or equipment containing computers to destinations in Country Group D:1 (See supplement no. 1 to part 740 of the EAR), or to upgrade existing computer installations in those countries, you must also include technical specifications and product brochures to corroborate the data supplied in your license application, in addition to the APP in Block 22(b). (2) Security Safeguard Plan requirement. http://www.bis.doc.gov/hpcs/SecuritySafeguardPlans.html. (3) Purchase orders for Artificial Intelligence commodities. (4) License applications for Artificial Intelligence commodities. (d) “ U.S. person” support activities that require a license under § 744.6 of the EAR. (e) Intransit through the United States. intransit (1) In Block 9, enter the phrase “Intransit Shipment”; (2) In Block 24, enter the name and address of the foreign consignor who shipped the items to the United States and state the origin of the shipment; (3) Any available evidence showing the approval or acquiescence of the exporting country (or the country of which the exporter is a resident) for shipments to the proposed ultimate destination. Such evidence may be in the form of a Transit Authorization Certificate; and (4) Any support documentation required by § 748.9 of this part for the country of ultimate destination. (f) Intransit outside of the United States. (g) Nuclear Nonproliferation items and end-uses Statement requirement. (i) The items to be exported or replicas thereof (“replicas” refers to items produced abroad based on physical examination of the item originally exported, matching it in all critical design and performance parameters), will not be used in any of the activities described in § 744.2(a) of the EAR; and (ii) Written authorization will be obtained from the BIS prior to reexporting the items, unless they are destined to Canada or would be eligible for export from the United States to the new country of destination under NLR based on Country Chart NP Column 1. (2) License application requirements. (i) In Block 7, place an (X) in the box titled “Nuclear Certification”; (ii) In Block 9, enter the phrase “NUCLEAR CONTROLS”; (iii) In Block 21, provide, if known, the specific geographic locations of any installations, establishments, or sites at which the items will be used; (iv) In Block 22(j), if applicable, include a description of any specific features of design or specific modifications that make the item capable of nuclear explosive activities, or of safeguarded or unsafeguarded nuclear activities as described in § 744.2(a)(3) of the EAR; and (v) In Block 24, if your license application is being submitted because you know that your transaction involves a nuclear end-use described in § 744.2 of the EAR, you must fully explain the basis for your knowledge that the items are intended for the purpose(s) described § 744.2 of the EAR. Indicate, if possible, the specific end-use(s) the items will have in designing, developing, fabricating, or testing nuclear weapons or nuclear explosive devices or in designing, constructing, fabricating, or operating the facilities described in § 744.2(a)(3) of the EAR. (h) Numerical control devices, motion control boards, numerically controlled machine tools, dimensional inspection machines, direct numerical control systems, specially designed assemblies and specially designed software. (i) For numerical control devices and motion control boards: (A) Make and model number of the control unit; (B) Description and internal configuration of numerical control device. If the device is a computer with motion control board(s), then include the make and model number of the computer; (C) Description of the manner in which a computer will be connected to the CNC unit for on-line processing of CAD data. Specify the make and model of the computer; (D) Number of axes the control unit is capable of simultaneously controlling in a coordinated contouring mode, and type of interpolation (linear, circular, and other); (E) Minimum programmable increment; (F) A description and an itemized list of all software/firmware to be supplied with the control device or motion control board, including software/firmware for axis interpolation function and for any programmable control unit or device to be supplied with the control unit; (G) Description of capabilities related to “real time processing” and receiving computer aided-design; (H) A description of capability to accept additional boards or software that would permit an upgrade of the electronic device or motion control board above the control levels specified in ECCN 2B001; and (I) Specify if the electronic device has been downgraded, and if so can it be upgraded in future. (ii) For numerically controlled machine tools and dimensional inspection machines: (A) Name and model number of machine tool or dimensional inspection machine; (B) Type of equipment, e.g., horizontal boring machine, machining center, dimensional inspection machine, turning center, water jet, etc.; (C) Description of the linear and rotary axes capable of being simultaneously controlled in a coordinated contouring mode, regardless of the fact that the coordinated movement of the machine axis may be limited by the numerical control unit supplied by the machine tool; (D) Maximum workpiece diameter for cylindrical grinding machines; (E) Motion (camming) of the spindle axis measured in the axial direction in one revolution of the spindle, and a description of the method of measurement for turning machine tools only; (F) Motion (run out) of the spindle axis measured in the radial direction in one revolution of the spindle, and a description of the method of measurement; (G) Overall positioning accuracy in each axis, and a description of the method for measurement; and (H) Slide motion test results. (i) Parts, components, and materials incorporated abroad into foreign-made products. (1) License applications for the export of parts and components. (2) License applications for the reexport of incorporated parts and components. (i) In Block 9, enter the phrase “Parts and Components”; (ii) In Block 18, enter the name, street address, city and country of the foreign party who will be receiving the foreign-made product. If you are requesting approval for multiple countries or consignees enter “Various” in Block 18, and list the specific countries, Country Groups, or geographic areas in Block 24; (iii) In Block 20, enter the name, street address, city, and country of the foreign party who will be exporting the foreign-made product incorporating U.S. origin parts, components or materials; (iv) In Block 21, describe the activity of the ultimate consignee identified in Block 18 and the end-use of the foreign-made product. Indicate the final configuration if the product is intended to be incorporated in a larger system. If the end-use is unknown, state “unknown” and describe the general activities of the end-user; (v) In Block 22(e), specify the quantity for each foreign-made product. If this information is unknown, enter “Unknown” in Block 22(e); (vi) In Block 22(h), enter the digit “0” for each foreign-made product; (vii) In Block 22(j), describe the foreign-made product that will be exported, specifying type and model or part number. Attach brochures or specifications, if available. Show as part of the description the unit value, in U.S. dollars, of the foreign-made product (if more than one foreign-made product is listed on the license application, specify the unit value for each type/model/part number). Also include a description of the U.S. content (including the applicable Export Control Classification Number(s)) and its value in U.S. dollars. If more than one foreign-made product is identified on the license application, describe the U.S. content and specify the U.S. content value for each foreign-made product. Also, provide sufficient supporting information to explain the basis for the stated values. To the extent possible, explain how much of the value of the foreign-made product represents foreign origin parts, components, or materials, as opposed to labor, overhead, etc. When the U.S. content varies and cannot be specified in advance, provide a range of percentage and value that would indicate the minimum and maximum U.S. content; (viii) Include separately in Block 22(j) a description of any U.S. origin spare parts to be reexported with the foreign-made product, if they exceed the amount allowed by § 740.10 of the EAR. Enter the quantity, if appropriate, in Block 22(e). Enter the ECCN for the spare parts in Block 22(a) and enter the value of the spare parts in Block 22(h); (ix) In Block 23, enter the digit “0”; (x) If the foreign-made product is the direct product of U.S. origin technology that was exported or reexported subject to written assurance, a request for waiver of that assurance, if necessary, may be made in Block 24. If U.S. origin technology will accompany a shipment to a country listed in Country Group D:1, E:1, or E:2 (see supplement no. 1 to part 740 of the EAR) describe in Block 24 the type of technology and how it will be used. (j) Ship stores, plane stores, supplies, and equipment Vessels under construction. (i) In Block 18, enter the name, street address, city, and country of the shipyard where vessel is being constructed; (ii) In Block 22(j), state the length of the vessel for a vessel under 12 m (40 ft) in length. For a vessel 12 m (40 ft) in length or over, provide the following information (if this information is unknown, enter “Unknown” in this Block): (A) Hull number and name of vessel; (B) Type of vessel; (C) Name and business address of prospective owner, and the prospective owner's nationality; and (D) Country of registry or intended country of registry. (2) Aircraft under construction. (i) In Block 18, enter the name and address of the plant where the aircraft is being constructed; (ii) In Block 22(j), enter the following information (if this information is unknown, enter “Unknown” in this Block): (A) Type of aircraft and model number; (B) Name and business address of prospective owner and his nationality; and (C) Country of registry or intended country of registry. (3) Operating vessels and aircraft. (i) In Block 18, enter the name of the owner, the name of the vessel, if applicable, and port or point where the items will be taken aboard; (ii) In Block 18, enter the following statement if, at the time of filing the license application, it is uncertain where the vessel or aircraft will take on the items, but it is known that the items will not be shipped to a country listed in Country Group D:1 or E:2 (see supplement no. 1 to part 740 of the EAR): Uncertain; however, shipment(s) will not be made to Country Groups D:1 or E:2. (iii) Provide information as described in paragraph (j)(1)(ii) of this supplement for vessels or information contained in paragraph (j)(2)(ii) of this supplement for aircraft. (k) Regional stability controlled items. (2) If you are submitting a license application for the export or reexport to Austria, Cyprus, Finland, Ireland, Israel, Malta, Mexico, Singapore or Sweden of items controlled by ECCNs 2A984, 2D984 or 2E984 to a person designated by a government end-user, pursuant to contract, your license application to export to such designated person must include a statement from the government end-user to be eligible for the licensing policy under § 742.6(b)(2)(ii). A responsible official representing the designated end-user must sign the statement. “Responsible official” is defined as someone with personal knowledge of the information included in the statement, and authority to bind the designated end-user for whom they sign, and who has the power and authority to control the use and disposition of the licensed items. Statements from government end-users that the person is so designated ( i.e., (i) U.S. Department of Homeland Security (DHS) Customer Contract Number or agreement reference number, End-user name (company), complete address (including street address, city, state, country and postal code), end-user point of contact (POC); (ii) Brief contract description, including DHS Project information and projected outcome; and (iii) The statement shall include a certification stating “We certify that all of the representations in this statement are true and correct to the best of our knowledge and we do not know of any additional representations which are inconsistent with the above statement.” (l) Reexports. (m) Robots. (1) Specify if the robot is equipped with a vision system and its make, type, and model number; (2) Specify if the robot is specially designed to comply with national safety standards for explosive munitions environments; (3) Specify if the robot is specially designed for outdoor applications and if it meets military specifications for those applications; (4) Specify if the robot is specially designed for operating in an electro-magnetic pulse (EMP) environment; (5) Specify if the robot is specially designed or rated as radiation-hardened beyond that necessary to withstand normal industrial (i.e., non-nuclear industry) ionizing radiation, and its rating in grays (Silicon); (6) Describe the robot's capability of using sensors, image processing or scene analysis to generate or to modify robot program instructions or data; (7) Describe the manner in which the robot may be used in nuclear industry/manufacturing; and (8) Specify if the robot controllers, end-effectors, or software are specially designed for robots controlled by ECCN 2B007, and why. (n) Short Supply controlled items. (o) Technology License application instructions. (2) Letter of explanation. (i) The identities of all parties to the transaction; (ii) The exact project location where the technology will be used; (iii) The type of technology to be exported or reexported; (iv) The form in which the export or reexport will be made; (v) The uses for which the data will be employed; (vi) An explanation of the process, product, size, and output capacity of all items to be produced with the technology, if applicable, or other description that delineates, defines, and limits the data to be transmitted (the “technical scope”); and (vii) The availability abroad of comparable foreign technology. (3) Special provisions Technology controlled for national security reasons. not (ii) Maritime nuclear propulsion plants and related items. (A) A description of the foreign project for which the technology will be furnished; (B) A description of the scope of the proposed services to be offered by the applicant, his consultant(s), and his subcontractor(s), including all the design data that will be disclosed; (C) The names, addresses and titles of all personnel of the applicant, the applicant's consultant(s) and subcontractor(s) who will discuss or disclose the technology or be involved in the design or development of the technology; (D) The beginning and termination dates of the period of time during which the technology will be discussed or disclosed and a proposed time schedule of the reports the applicant will submit to BIS, detailing the technology discussed or disclosed during the period of the license; (E) The following certification: I (We) certify that if this license application is approved, I (we) and any consultants, subcontractors, or other persons employed or retained by us in connection with the project licensed will not discuss with or disclose to others, directly or indirectly, any technology relating to U.S. naval nuclear propulsion plants. I (We) further certify that I (we) will furnish to the Bureau of Industry and Security all reports and information it may require concerning specific transmittals or disclosures of technology under any license granted as a result of this license application. (F) A statement of the steps that you will take to assure that personnel of the applicant, the applicant's consultant(s) and subcontractor(s) will not discuss or disclose to others technology relating to U.S. naval nuclear propulsion plants; and (G) A written statement of assurance from the foreign importer as described in paragraph (o)(3)(i) of this supplement. (p) Temporary exports or reexports. temporary exports and reexports The items described on this license application are to be temporarily exported (or reexported) for (state the purpose e.g., demonstration, testing, exhibition, etc.), used solely for the purpose authorized, and returned to the United States (or originating country) as soon as the temporary purpose has ended, but in no case later than one year of the date of export (or reexport), unless other disposition has been authorized in writing by the Bureau of Industry and Security. (q) Chemicals controlled for CW reasons under ECCN 1C350. (r) Encryption classification requests. (1) [Reserved] (2) Classification Requests. (i) In Block 5 (Type of Application), place an “X” in the box marked “classification” or “commodity classification” if submitting electronically for classification requests. (ii) In Block 9 (Special Purpose). (A) If submitting via SNAP-R, check the box “check here if you are submitting information about encryption required by 740.17 or 742.15 of the EAR.” (B) From the drop down menu in SNAP-R, choose: ( 1 ( 2 ( 3 (s)-(t) [Reserved] (u) Aircraft and vessels on temporary sojourn. (v) In-country transfers. (w) License Exception STA eligibility requests for “600 series” end items. (x) License application for a transaction involving a 9x515 or “600 series” item that is equivalent to a transaction previously approved under an ITAR license or other approval. (y) Satellite exports. (i) A technology transfer control plan approved by the Department of Defense and an encryption technology control plan approved by the National Security Agency, or drafts reflecting advance discussions with the departments and information identifying the U.S. Government officials familiar with the preparation of such draft plans; and (ii) Evidence of arrangements with the Department of Defense for monitoring of the launch activities. (2) A license application to export a satellite controlled by ECCN 9A515.a for launch in or by a country that is a member of the North Atlantic Treaty Organization (NATO) or that is a major non-NATO ally of the United States (as defined in 22 CFR 120.31 and 120.32), must include a statement affirming that at the time of application or prior to export or reexport the following will be in place: (i) A technology transfer control plan approved by the Department of Defense and an encryption technology control plan approved by the National Security Agency, or documentation from the Department of Defense that such plans are not required; and (ii) Evidence of arrangements with the Department of Defense for monitoring of the launch or documentation from the Department of Defense that such monitoring is not required. Note 1 to paragraph ( y Regardless of a satellite's or spacecraft's jurisdictional status, ownership, or origin, the ITAR controls as a “defense service” the furnishing of assistance (including training) by a U.S. person to a foreign person directly related to (a) the integration of a satellite or spacecraft to a launch vehicle or (b) launch failure analyses. See (See 22 CFR 121, Categories IV(i) and XV(f), and 22 CFR 124.15). (z) Exports of firearms and certain shotguns temporarily in the United States Certification. e.g., The firearms in this license application will not be 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 part 740. I and the parties to this transaction will comply with the requirements specified in paragraphs (z)(2)(i) and (ii) of supplement no. 2 to part 748. (2) Requirements. (i) When the firearms enter the U.S. as a temporary import, the temporary importer or its agent must: (A) Provide the following statement to U.S. Customs and Border Protection: “This shipment is being temporarily imported in accordance with the EAR. This shipment will be exported in accordance with and under the authority of BIS license number (provide the license number) (15 CFR 750.7(a) and 758.4);” (B) Provide 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) Provide (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 (ii) 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 (z)(2)(i)(B) of this supplement to U.S. Customs and Border Protection at the time of export. Note 1 to paragraph ( z In addition to complying with all applicable EAR requirements for the export of commodities described in paragraph (z) of this supplement, 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 ECCNs 0A502 or 0A508, including regarding how to provide any data or documentation required by BIS. (aa) “ 600 Series Major Defense Equipment.” (bb) “600 Series Major Defense Equipment.” For license applications that require prior notifications to Congress of exports of “600 series major defense equipment” pursuant to § 743.5, the exporter must include a copy of the signed contract (including a statement of the value of the “600 Series Major Defense Equipment” to be exported under the contract). (See § 743.5(d) of the EAR) (cc) Affiliates rule entities. (dd) AI commodities. (1) Certification. (i) The applicant provides the U.S. Government, at the time of the license application, the total number of units of any AI commodity described in the license application that were shipped to commercial customers in the United States for end use in the United States. The applicant must also provide the following performance specifications to BIS in the license application: the TPP, the 'total DRAM bandwidth', the 'interconnect bandwidth', 'copackaged DRAM capacity' and the peak power consumption at max TPP. The applicant must also provide an explanation for any changes to the specifications for this model since launched or previously shipped; (ii) The applicant certifies and provides necessary supporting data, showing that there are sufficient supplies of the product in the United States such that any exports authorized by this license will not be filled if doing so would result in any delay in fulfilling any existing or new orders from customers in the United States for end use in the United States for any of its “advanced-node integrated circuits” products (taking into account normal lead times), and that global foundry capacity that would otherwise be used to produce similar node or more advanced integrated circuits for end users in the United States will not be diverted to produce commodities authorized by this license for exports to China; (iii) The applicant shall supply evidence to BIS that, for the AI commodities described in the license application, ( i.e., (iv) The applicant confirms the AI commodities described in the license application are not for a 'military end use', 'military-intelligence end use', 'military end user', or 'military-intelligence end user' as those terms are defined in §§ 744.21(f) and (g) and 744.22(f)(1) and (f)(2), respectively, are not for a nuclear, missile, or chemical or biological weapons end use or end user pursuant to §§ 744.2-4, the transaction does not involve a transaction party subject to § 744.8 or § 744.11, and no parties subject to § 744.8, § 744.11, or meeting the definition of a 'military end user' or 'military-intelligence end user' as defined in §§ 744.21(g) and 744.22(f)(2) will be granted remote access to the items; (v) The applicant obtains a description of Know Your Customer procedures from the ultimate consignee for the AI commodities described in the license application to prevent remote access from end uses or end users described in paragraph (dd)(1)(iv). The applicant must submit this information to BIS. (vi) Remote end users. (vii) Infrastructure-as-a-Service. (1) Is compliant with paragraph (dd)(1)(iv); (2) Will not transfer model weights trained on the AI commodities to any end user not previously disclosed on the license or without authorization from BIS; and (3) Will not directly or indirectly provide a party described in (dd)(1)(iv) with remote access to any algorithm trained on the AI commodities; (viii) Security demonstration. (ix) The applicant confirms that, prior to export on an approved license from the United States, every shipment of advanced computing commodities described in this license application will be reviewed by a qualified third-party testing lab who meets the qualifications described in paragraph (dd)(3) of this supplement. The applicant shall also provide BIS with the name and U.S. address of the third-party testing lab in the certification prior to export from the United States. Notes to paragraph (dd)(1): 1. 'Total DRAM bandwidth' refers to the aggregate memory bandwidth in gigabytes per second between the IC and dynamic random access memory (DRAM) ICs, including copackaged DRAM ICs and non-copackaged DRAM ICs. Copackaged DRAM ICs include, for example, high bandwidth memory (HBM). Non-copackaged DRAM ICs include, for example, graphics double data rate (GDDR) ICs. 1.a. 'Total DRAM bandwidth' does not include bandwidth from DRAM ICs accessed remotely over an interconnect medium if that bandwidth is included in the IC's 'interconnect bandwidth'. 1.b. All bandwidth between the IC and DRAM ICs, regardless of wherever those circuits are located and however those circuits are accessed, that is not included in the IC's 'interconnect bandwidth', must be included in 'total DRAM bandwidth'. 2. 'Interconnect bandwidth' refers to the aggregate bidirectional transfer rate over all of the IC's inputs and outputs, including but not limited to connections over a system peripheral bus. 'Interconnect bandwidth' does not include bandwidth to other ICs on the same package. (2) Submissions. (3) Third-party testing lab qualifications and confirmation Third-party testing lab qualifications. (A) The third-party testing lab must be headquartered in the United States, not otherwise under the control of a company or other entity headquartered in or whose ultimate parent company is headquartered in Country Group D:5 or Macau, and the testing must be conducted in the customs territory of the United States; (B) The third-party testing lab must not have any ownership or financial stake in either the ultimate consignee, the exporter, or any other party to the transaction, and not otherwise benefit from the export other than by the fees they are paid for their testing service; and (C) The third-party testing lab must have the expertise to ensure the representations made on the technical capabilities and functions of the advanced computing commodities described in this license application are accurate, including confirming that the 'total processing performance' (as defined in Technical Note 2 to 3A090.a and 3A090.b), the 'total DRAM bandwidth', the 'interconnect bandwidth', and the 'copackaged DRAM capacity' are at or below the specifications described in the license application. (ii) Third-party testing lab confirmation. (iii) BIS may revoke the qualification of any third-party testing lab at any time and for any reason. This could be communicated, for example, in a letter to an exporter or a BIS publication such as website guidance. Such revocation suspends the case-by-case license review policy availability of § 742.6(b)(10)(iii)(A)(1) for any exporter working with that third-party testing lab until BIS is notified by the exporter that a new qualified third-party testing lab has been chosen pursuant to the terms of paragraph (dd)(3)(i) of this supplement. [61 FR 12812, Mar. 25, 1996] Editorial Note: For Federal Register www.govinfo.gov. Effective Date Note: At 90 FR 50857, Nov. 12, 2025, in supplement no. 2 to part 748, paragraph (cc) was stayed, effective until Nov. 9, 2026. Supplement No. 3 to Part 748—Statement by Ultimate Consignee and Purchaser Content Requirements If a statement on company letterhead will be used to meet the requirement to obtain a Statement by Ultimate Consignee and Purchaser, as described in § 748.11(a), follow the requirements described in paragraph (a) of this appendix. If Form BIS-711 will be used to meet the requirement, follow the requirements described in paragraph (b) of this appendix. (a) Statement on company letterhead. (1) Paragraph 1. (i) Single. (ii) Multiple. (2) Paragraph 2. (i) The items for which a license application will be filed by [name of applicant] will be used by us as capital equipment in the form in which received in a manufacturing process in [name of country] and will not be reexported or incorporated into an end product. (ii) The items for which a license application will be filed by [name of applicant] will be processed or incorporated by us into the following product(s) [list products] to be manufactured in [name of country] for distribution in [list name of country or countries]. (iii) The items for which a license application will be filed by [name of applicant] will be resold by us in the form in which received for use or consumption in [name of country]. (iv) The items for which a license application will be filed by [name of applicant] will be reexported by us in the form in which received to [name of country or countries]. (v) The items received from [name of applicant] will be [describe use of the items fully]. (3) Paragraph 3. (i) The nature of our business is [possible choices include: broker, distributor, fabricator, manufacturer, wholesaler, retailer, value added reseller, original equipment manufacturer, etc.]. (ii) Our business relationship with [name of applicant] is [possible choices include; contractual, franchise, distributor, wholesaler, continuing and regular individual business, etc.] and we have had this business relationship for [number of years]. (4) Paragraph 4. (i) We certify that all of the facts contained in this statement are true and correct to the best of our knowledge and we do not know of any additional facts that are inconsistent with the above statements. We shall promptly send a replacement statement to [name of the applicant] disclosing any material change of facts or intentions described in this statement that occur after this statement has been prepared and forwarded to [name of applicant]. We acknowledge that the making of any false statement or concealment of any material fact in connection with this statement may result in imprisonment or fine, or both, and denial, in whole or in part, of participation in U.S. exports or reexports. (ii) Except as specifically authorized by the U.S. Export Administration Regulations, or by written approval from the Bureau of Industry and Security, we will not reexport, resell, or otherwise dispose of any items approved on a license supported by this statement: (A) To any country not approved for export as brought to our attention by the exporter; or (B) To any person if there is reason to believe that it will result directly or indirectly in disposition of the items contrary to the representations made in this statement or contrary to the U.S. Export Administration Regulations. (iii) We understand that acceptance of this statement as a support document cannot be construed as an authorization by BIS to reexport or transfer (in country) the items in the form in which received even though we may have indicated the intention to reexport or transfer (in country), and that authorization to reexport (or transfer in country) is not granted in an export license on the basis of information provided in the statement, but as a result of a specific request in a license application. (b) Form BIS-711. http://www.bis.doc.gov/index.php/component/rsform/form/21-request-bis-forms?task=forms.edit. (1) Block 1: Ultimate Consignee. The Ultimate Consignee must be the person abroad who is actually to receive the material for the disposition stated in Block 2. A bank, freight forwarder, forwarding agent, or other intermediary is not acceptable as the Ultimate Consignee. (2) Block 2: Disposition or Use of Items by Ultimate Consignee named in Block 1. Place an (X) in “A.,” “B.,” “C.,” “D.,” and “E.,” as appropriate, and fill in the required information. (3) Block 3: Nature of Business of Ultimate Consignee named in Block 1. Complete both “A” and “B”. Possible choices for “A” include: broker, distributor, fabricator, manufacturer, wholesaler, retailer, value added reseller, original equipment manufacturer, etc. Possible choices for “B” include: contractual, franchise, distributor, wholesaler, continuing and regular individual business, etc. (4) Block 4: Additional Information. Provide any other information not appearing elsewhere on the form such as other parties to the transaction, and any other material facts that may be of value in considering license applications supported by this statement. (5) Block 5: Assistance in Preparing Statement. Name all persons, other than employees of the ultimate consignee or purchaser, who assisted in the preparation of this form. (6) Block 6: Ultimate Consignee. Enter the requested information and sign the statement digitally or in ink. (For a definition of ultimate consignee, see § 748.5(e) of this part.) (7) Block 7: Purchaser. This form must be signed in ink by the Purchaser, if the Purchaser is not the same as the Ultimate Consignee identified in Block 1. (For a definition of purchaser, see § 748.5(c) of this part.) (8) Block 8: Certification for Exporter. This Block must be completed to certify that no correction, addition, or alteration on this form was made subsequent to the signing by the Ultimate Consignee in Block 6 and Purchaser in Block 7. [80 FR 13221, Mar. 13, 2015, as amended at 86 FR 54812, Oct. 5, 2021] Supplement No. 4 to Part 748—Information Required To Be Submitted With a § 748.16 Request The following information is required to be submitted with a request to be added to either supplement no. 6 to part 740—Approved Integrated Circuit Designer list or supplement no. 7 to part 740—Approved “OSAT” company list, as described in § 748.16. The prospective added integrated circuit designer and prospective approved “OSAT” company are referred to as the candidate in this supplement. (a) Identity. (b) Ownership. (c) “ Applicable advanced logic integrated circuits.” (d) Recordkeeping. (e) Certification. (f) Statement of acknowledgement and agreement. (1) Acknowledges that they have been informed of and understand that the item(s) to be produced by the “front-end fabricator” have been exported in accordance with the EAR and that use or diversion of such items contrary to the EAR is prohibited, particularly the license requirements of §§ 742.6(a)(6)(iii) and 744.23(a)(3) of the EAR; (2) Agrees to comply with the recordkeeping requirements in § 748.16(b) and part 762 of the EAR; and (3) Agrees to allow on-site reviews by U.S. Government officials to verify compliance with the EAR. [90 FR 5313, Jan. 16, 2025] Supplement No. 5 to Part 748—U.S. Import Certificate and Delivery Verification Procedure The United States participates in an Import Certificate/Delivery Verification procedure. Under this procedure, U.S. importers are sometimes required to provide their foreign suppliers with an U.S. International Import Certificate that is validated by the U.S. Government. This certificate tells the government of the exporter's country that the items covered by the certificate will be imported into the U.S. Economy and will not be reexported except as authorized by U.S. export control regulations. In addition, in some cases, the exporter's government may require a delivery verification. Under this procedure, the U.S. Customs Service validates a certificate confirming that the items have entered the U.S. economy. The U.S. importer must return this certificate to the foreign exporter. This supplement establishes the procedures and requirements of BIS with respect to both of these programs. Paragraph (a) of this supplement contains the requirements and procedures of the U.S. International Import Certificate procedure. Paragraph (b) of this supplement contains the requirements and procedures of the Delivery Verification procedure. (a) U.S. International Import Certificates. If you are a U.S. importer, a foreign supplier may request you to obtain a U.S. import certificate. The reason for this request is that the exporter's government requires a U.S. import certificate as a condition to issuing an export license. To obtain such a certificate you will have to fill in and execute the U.S. International Import Certificate form (Form BIS-645P/ATF-4522/DSP-53) and submit it to the U.S. government agency that has jurisdiction over the items you are importing. In doing so, you will be making a representation to the United States Government that you will import the items described in the certificate into the United States or if not so imported, you will not divert, transship or reexport them to another destination with the explicit approval of the U.S. government agency that has jurisdiction over those items. (Representations that items will be entered into the U.S. do not preclude the temporary unloading of items in a foreign trade zone for subsequent entry into the economy of the U.S.) If the items described in the certificate are subject to U.S. Department of Commerce jurisdiction, the Department will validate the certificate and return it to you. You may then send the certificate to your foreign supplier. In this way the government of the exporting country is assured that the items will become subject to the export control laws of the United States. (1) Items for which the U.S. Department of Commerce issues U.S. International Import Certificates and forms to use. The Department of Commerce issues U.S. International Import Certificates for the following types of items. (i) Items controlled for National Security reasons. Items under the export licensing jurisdiction of BIS that are identified as controlled for national security reasons on the Commerce Control List (supplement no. 1 to part 774 of the EAR). You will need to submit in triplicate a completed Form BIS-645P/ATF-4522/DSP-53; (ii) Nuclear equipment and materials. Items subject to the export licensing jurisdiction of the Nuclear Regulatory Commission for nuclear equipment and materials. (see 10 CFR part 110). You will need to submit in quadruplicate a completed Form BIS-645P/ATF-4522/DSP-53; and (iii) Munitions Items. Items listed on the U.S. Munitions List (see 22 CFR part 121) that do not appear on the more limited U.S. Munitions Import List (27 CFR 47.21). You will need to submit in triplicate a completed Form BIS-645P. For triangular transactions (See paragraph (a)(5) of this supplement) involving items on the U.S. Munitions List, you must contact the Department of State, Directorate of Defense Trade Controls and use Form BIS-645P/ATF-4522/DSP-53. You should contact the Treasury Department, Bureau of Alcohol, Tobacco and Firearms for items appearing on the U.S. Munitions Import List. You will need to use Form ATF-4522. (2) Where to submit forms. U.S. International Import Certificates and requests to amend certificates may be presented for validation either in person or by mail at the following locations. (i) By courier to the Bureau of Industry and Security, Room 2099B, 14th Street and Pennsylvania Ave., NW., Washington, DC 20230, Attn: Import Certificate Request; or (ii) In person or by mail at one of the following Department of Commerce U.S. and Foreign Commercial Service District Offices: Boston, MA Buffalo, NY Chicago, IL Cincinnati, OH Cleveland, OH Dallas, TX Detroit, MI Houston, TX Kansas City, MO Los Angeles, CA Miami, FL New Orleans, LO New York, NY Philadelphia, PA Phoenix, AZ Pittsburgh, PA Portland, OR St. Louis, MO San Francisco, CA Savannah, GA Seattle, WA Trenton, NJ (3) U.S. International Import Certificate validity periods. The U.S. International Import Certificate must be submitted to the foreign government within six months from the date of certification by the U.S. Department of Commerce. The expiration of this six-month period in no way affects the responsibility of the importer to fulfill the commitments made in obtaining the certificate. If the certificate is not presented to the government of the exporting country before the expiration of its validity period, the exporter must apply for a new certificate. The original unused U.S. International Import Certificate must be returned to BIS at the address specified in paragraph (a)(2)(i) of this supplement. (4) Statements on the certificate or amendments are representations to the U.S. Government which continue in effect. (i) All statements and representations made in a U.S. International Import Certificate or an amendment thereto, will be deemed to be continuing in nature until the transaction described in the certificate is completed and the items are delivered into the economy of the importing country. (ii) Any change of fact or intention in regard to the transaction described in the certificate shall be promptly disclosed to BIS by the U.S. importer by presentation of an amended certificate. The amended certificate must describe all of the changes and be accompanied by the original certificate bearing the certification of BIS. If the original certificate has been transferred to the foreign exporter, you must, where possible, attempt to obtain the original certificate prior to applying for an amendment. If the original certificate is unobtainable because the foreign exporter has submitted it to the appropriate foreign government, or for any other reason, then you must submit a written statement with your amendment giving the reasons for your failure to submit the original certificate. (5) Certificates for Triangular transaction (items will not enter the U.S. or applicant is not sure that they will enter the United States). (i) In accordance with international practice, BIS will, upon request, stamp the certificate with a triangular symbol as notification to the government of the exporting country that the U.S. importer is uncertain whether the items will be imported into the U. S. or knows that the items will not be imported into the U.S., but that, in any case, the items will not be delivered to any other destination except in accordance with the EAR. (ii) The triangular symbol on a certificate U.S. International Import Certificate is not, in and of itself, an approval by BIS to transfer or sell items to a foreign consignee. Note that a triangular Certificate will not be issued covering foreign excess property sold abroad by the U.S. Department of Defense. (6) Approval to export items to a foreign consignee prior to delivery under a U.S. International Import Certificate. The written approval of BIS is required before items covered by a U.S. International Import Certificate (whether or not bearing a triangular symbol) may be shipped to a destination other than the U.S. or Canada or sold to a foreign purchaser, and before title to or possession of such items may be transferred to a foreign transferee. This requirement does not apply after the items have been delivered in accordance with the undertaking set forth in the Certificate or if at the time of such shipment, sale, passage of possession or passage of title, a License Exception or a NLR provision of the EAR would authorize the transaction. (i) If prior approval is required, a letter requesting authorization to release the shipment shall be submitted to BIS at the address listed in paragraph (a)(2)(i) of this supplement. (ii) The letter must contain the certificate number; date issued; location of the issuing office; names, addresses, and identities of all parties to the complete transaction; and the quantity, dollar value, and description of the items. The letter must be accompanied by the U.S. International Import Certificate, and all other documentation required by the EAR for the item and country of ultimate destination, as identified in part 748 of the EAR. If requirements stated in part 748 of the EAR do not apply to your transaction, you must identify the intended end-use of the items in your letter. (iii) Where the letter request is approved and is supported by a foreign import certificate, no further approval from BIS is required for the purchaser or transferee to resell or again transfer the items. However, where BIS approves a request that was not supported by a foreign import certificate, the person to whom approval is granted is required to inform the purchaser or transferee, in writing, that the items are to be shipped to the approved destination only and that no other disposition of the items is permitted without the approval of BIS. (iv) If the transaction is approved, a validated letter of approval will be sent to the U.S. purchaser for retention in his records. Where a DV or other official government confirmation of delivery is required, the letter will so indicate. (v) If the items covered by a certificate have been imported into a destination other than the U.S. and the foreign exporter of the items requests a Delivery Verification, the person who obtained the certificate must obtain a DV from the person to whom the items were delivered in the actual importing country. (If a DV is unobtainable, other official government confirmation of delivery must be obtained.) The DV or other official government confirmation of delivery must be submitted to BIS together with an explanatory letter giving the U.S. International Import Certificate number, date issued, and location of issuing office. BIS will then issue Form ITA-6008, Delivery Compliance Notice, in two copies, the original of which must be forwarded to the country of origin in order to serve as evidence to the exporting country that the requirements of the U.S. Government have been satisfied with respect to delivery of the items. (vi) Delivery, sale, or transfer of items to another U.S. purchaser. (A) Items covered by a U.S. International Import Certificate may not be sold, and title to or possession of such items may not be transferred, to another U.S. purchaser or transferee before the items are delivered to the U.S. (or to an approved foreign destination, as provided by paragraph (a)(5) of this supplement), except in accordance with the provisions described in paragraph (a)(6) of this supplement. The provisions of this paragraph do not apply after the items have been delivered in accordance with the undertaking set forth in the certificate. (B) Resale or transfer to another U.S. purchaser or transferee requires the prior approval of BIS only in cases where the buyer or transferee is listed in supplement no. 1 to part 766 of the EAR. However, you, as the person who obtained the certificate are required to notify BIS of any change in facts or intentions relating to the transaction, and in all cases you will be held responsible for the delivery of the items in accordance with the EAR. You are required in all cases to secure, prior to sale or transfer, and to retain in your files in accordance with the recordkeeping provisions contained in part 762 of the EAR, written acceptance by the purchaser or transferee of: ( 1 ( 2 (C) The responsibility of the certificate holder for obtaining a DV also applies to those cases where the items are resold to a U.S. purchaser (See paragraph (b)(1) of this supplement. (vii) Reexport or transshipment of items after delivery to U.S. Items imported into the U.S. under the provisions of a U.S. International Import Certificate may not be reexported to any destination under the intransit (viii) Lost or destroyed U.S. International Import Certificates. If a U.S. International Import Certificate is lost or destroyed, a duplicate copy may be obtained by the person in the U.S. who executed the original U.S. International Import Certificate by submitting to any of the offices listed in paragraph (a)(2)(i) of this supplement new Form BIS-645P/ATF-4522/DSP-53 in the same way as an original request, except that the forms shall be accompanied by a letter detailing the circumstances under which the original certificate was lost or destroyed and certifying: (A) That the original U.S. International Import Certificate No. ______, dated ______, issued to (name and address of U.S. importer) for import from (foreign exporter's name and address) has been lost or destroyed; and (B) That if the original U.S. International Import Certificate is found, the applicant agrees to return the original or duplicate of the certificate to the Bureau of Industry and Security. (ix) Unused U.S. International Import Certificates. If the transaction will not be completed and the U.S. International Import Certificate will not be used, return the certificate for cancellation to BIS at the address listed in paragraph (a)(2)(i) of this supplement. (b) Delivery Verification Certificate. U.S. importers may be requested by their foreign suppliers to furnish them with a certified Form BIS-647P, Delivery Verification Certificate, covering items imported into the U.S. These requests are made by foreign governments to assure that strategic items shipped to the U.S. are not diverted from their intended destination. In these instances, the issuance of an export license by the foreign country is conditioned upon the subsequent receipt of a Delivery Verification Certificate from the U.S. importer. Accordingly, your compliance with your foreign exporter's request for a Delivery Verification is necessary to ensure your foreign exporter fulfills its government obligations and is able to participate in future transactions with you. Failure to comply may subject your exporter to penalties that may prevent future trade. (1) The responsibility of a person or firm executing a U.S. International Import Certificate for providing the foreign exporter with confirmation of delivery of the items includes instances where the items are resold or transferred to another U.S. person or firm prior to actual delivery to the U.S. or to an approved foreign destination. The person who executed the U.S. International Import Certificate shall secure in writing from the U.S. purchaser or transferee, and retain in your files in accordance with the recordkeeping provisions stated in part 762 of the EAR: (i) Acceptance of the obligation to provide the purchaser or transferee with either the Delivery Verification (or other official government confirmation of delivery if a Delivery Verification is unobtainable) or assurance that this document was submitted to BIS; and (ii) An undertaking that each succeeding U.S. transferee or purchaser will assume the same obligation or assurance. In each case the seller or transferor must transmit to the U.S. purchaser or transferee the U.S. International Import Certificate number covering the export from the foreign country and request that they pass it on to any other U.S. purchasers or transferees. (2) Completion and certification of Delivery Verification Certificates. If you are requested by your foreign exporter to provide a Delivery Verification, you must obtain Form BIS-647P from a U.S. customs office or one of the offices listed in paragraph (a)(2) of this supplement and complete all blocks (except those below the line titled “To be completed by U.S. Customs Service”) on the form. The language used in the block titled “Description of Goods” must describe the items in the same terms as those shown on the applicable U.S. International Import Certificate. Upon completion Form BIS-647P must be presented, in duplicate, to a U.S. customs office. The U.S. customs office will certify Form BIS-647P only where the import is made under a warehouse or consumption entry. (3) Disposition of certified Delivery Verification Certificates. The importer must send the original certified Delivery Verification Certificate to the foreign exporter or otherwise dispose of it in accordance with the instructions of the exporting country. The duplicate copy will be retained by the U.S. customs office. (4)(i) Issuance of a U.S. Delivery Compliance Notice in lieu of a Delivery Verification Certificate. If you are requested to provide a Delivery Verification Certificate but do not wish to disclose the name of your customer to the foreign exporter (e.g., in the event that the items are resold or transferred to another person or firm before the items enter the U.S.), you may submit an originally completed Form BIS-647P together with an explanatory letter requesting a Delivery Compliance Notice, to BIS at the address listed in (a)(2)(i) of this supplement. (ii) BIS will provide you with a notice signifying that the items were imported into the U.S. and that a satisfactory DV has been submitted to BIS. You must then forward the original notice to your foreign exporter for submission to the foreign government. A copy of the notice should be retained in your files in accordance with the recordkeeping provisions stated in part 762 of the EAR. (5)(i) Lost or destroyed Delivery Verification Certificate. When a Delivery Verification Certificate is lost or destroyed, the U.S. importer must submit a letter to BIS at the address listed in paragraph (a)(2)(i) of this supplement certifying that: (A) The original Delivery Verification Certificate has been lost or destroyed; (B) The circumstances under which it was lost or destroyed; (C) The type of customs entry (warehouse or consumption), entry number, and date of entry; and (D) The number and date of the related U.S. International Import Certificate. (ii) BIS will, in applicable cases, notify the exporting government that a Delivery Verification Certificate been issued. (c) Penalties and sanctions for violations. The enforcement provisions of part 764 and supplement no. 2 to part 736 of the EAR apply to transactions involving imports into the U.S. covered by this supplement and to both foreign and U.S. parties involved in a violation of this supplement. Any provisions of part 764 and supplement no. 2 to part 736 of the EAR which, by their terms, relate to “exports” or “exports from the U.S.” are also deemed to apply and extend to imports into the U.S., applications for U.S. International Import Certificates (Forms BIS-645P presented to U.S. Department of Commerce for certification), U.S. International Import Certificates, and Delivery Verification Certificates, described in this supplement. (Applications the documents described in this supplement, are included within the definition of export control documents provided in part 772 of the EAR.) Refer to § 764.3 of the EAR for more information. [61 FR 12812, Mar. 25, 1996, as amended at 61 FR 64285, Dec. 4, 1996; 62 FR 25463, May 9, 1997; 73 FR 37, Jan. 2, 2008; 78 FR 13470, Feb. 28, 2013] Supplement No. 6 to Part 748 [Reserved] Supplement No. 7 to Part 748—Validated End-User (VEU) Authorization: List of Validated End-Users, Respective Items Eligible for Export, Reexport, and Transfer (In-Country), and Eligible Destinations VEU Type Country Validated end-user Eligible items Eligible destination Federal Register Nothing in this Supplement shall be deemed to supersede other provisions in the EAR, including but not limited to § 748.15(c). General China (People's Republic of) Advanced Micro Devices China, Inc 3D002, 3D003, 3E001 (limited to “technology” for items classified under 3C002 and 3C004 and “technology” for use during the International Technology Roadmap for Semiconductors (ITRS) process for items classified under ECCNs 3B001 and 3B002), 3E002 (limited to “technology” for use during the ITRS process for items classified under ECCNs 3B001 and 3B002), 3E003.e (limited to the “development” and “production” of integrated circuits for commercial applications), 4D001 and 4E001 (limited to the “development” of products under ECCN 4A003.b through .g) Advanced Micro Devices (Shanghai) Co., Ltd., Buildings 33 (Unit 1), 46, 47, 48 & 49, River Front Harbor, Zhangjiang Hi-Tech Park, No. 1387 Zhang Dong Road, Pudong District, Shanghai, China 201203 75 FR 25763, 5/10/10. General Applied Materials (China), Inc These Items Authorized for those Applied Materials Destinations Identified by one asterisk (*): * Applied Materials South East Asia Pte. Ltd.—Shanghai Depot, c/o Shanghai Applied Materials Technical Service Center, No. 2667 Zuchongzhi Road, Shanghai, China 201203 72 FR 59164, 10/19/07. 74 FR 19382, 4/29/09. 75 FR 27185, 5/14/10. 77 FR 10953, 2/24/12. 80 * Applied Materials South East Asia Pte. Ltd.—Wuxi Depot, c/o Sinotrans Jiangsu Fuchang Logistics Co., Ltd., 1 Xi Qin Road, Wuxi Export Processing Zone, Wuxi, Jiangsu, China 214028 * Applied Materials South East Asia Pte. Ltd.—Wuhan Depot, c/o Wuhan Optics Valley Import & Export Co., Ltd., No. 101 Guanggu Road, East Lake High-Tec Development Zone, Wuhan, Hubei, China 430074 * Applied Materials (China), Inc.—Shanghai Depot, No. 2667, Zuchongzhi Road, Shanghai, China 201203 * Applied Materials (China), Inc.—Beijing Depot, No. 1 North Di Sheng Street, BDA, Beijing, China 100176 These Items Authorized for the Applied Materials Destination Identified by two asterisks (**): ** Applied Materials (Xi'an) Ltd., No. 28 Xin Xi Ave., Xi'an High Tech Park, Export Processing Zone, Xi'an, Shaanxi, China 710075 This item is authorized for those Applied Materials Destination Identified by three asterisks (***): *** Applied Materials (China), Inc.—Headquarters, 1388 Zhangdong Road, Bldg. 22, Zhangjiang Hi-Tech Park, Pudong, Shanghai, 201203, China General Boeing Tianjin Composites Co. Ltd 1B001.f, 1D001 (limited to “software” specially designed or modified for the “use” of equipment controlled by 1B001.f), 2B001.b.2 (limited to machine tools with accuracies no better than ( i.e., Boeing Tianjin Composites Co. Ltd., 4566 Hebei Road, Marine Hi-Tech Development Area, Tanggu District, Tianjin, China 300451 72 FR 59164, 10/19/07. 74 FR 19382, 4/29/09. 77 FR 10953, 2/24/12. 77 FR 40258, 7/9/12. 81 FR 61106, 9/6/16. General Lam Research Service Co., Ltd These Items Authorized for those Lam's Destinations Identified by a single asterisk (*): * Lam Research International Sarl (Lam Beijing Warehouse), c/o Beijing Lam Electronics Tech Center, 1 Building, No. 28, Jinghai Second Road, BDA, Beijing, China 100176 72 FR 59164, 10/19/07, 74 FR 19382, 4/29/09. 77 FR 10953, 2/24/12. 77 FR 40258, 7/9/12. 82 FR 48929, 10/23/17. * Lam Research International Sarl (Lam Dalian Warehouse), c/o Liaoning JD Logistics International Co., Ltd., Dalian Bonded Logistics Zone No. 1 Public Warehouse Dalian, China 116600 * Lam Research International Sarl (Lam Shanghai Warehouse), c/o HMG Supply Chain (Shanghai) Co., Ltd., No. 633, Shangfeng Road, Pudong New District, Shanghai, China 201201 * Lam Research International Sarl (Lam Shanghai Warehouse), c/o Regal Harmony Logistics Co., Ltd., No. 799, Yihua Road, Pudong New District, Shanghai, China 201299 * Lam Research International Sarl (Lam Shanghai Warehouse Operator), c/o Shanghai Well-Win Logistics Co., Ltd., No. 2667 Zuchongzhi Road, Pudong New District, Shanghai, China * Lam Research International Sarl (Lam Shanghai Warehouse; WGQ Bonded Warehouse), c/o HMG Supply Chain (Shanghai) Co., Ltd., No. 55, Fei La Road, Waigaoqiao Free Trade Zone Pudong New Area, Shanghai, China 200131 * Lam Research International Sarl (Lam Wuhan Warehouse), c/o Wuhan HMG Logistics Co., Ltd., Factory C101/201, 1-2F Building 1, Central China Normal, University Park Road, Wuhan, China 430223 * Lam Research International Sarl (Lam Wuxi Warehouse), c/o HMG WHL Logistics (Wuxi) Co., Ltd., Plot J3-4, No. 5 Gaolang East Road, CBZ, New District Wuxi, Wuxi, China 214208 * Lam Research International Sarl (Lam Xiamen Warehouse), c/o VR Int'l Logistics (Xiamen) Co., Ltd., C3 Area No. 3 Warehouse, No. 1007 West Fangshan Road, Bonded Logistics Center (Type B) Xiang'an District, Xiamen, China 361101 * Lam Research International Sarl (Lam Xi'an Warehouse), c/o VR International Logistics (Xi'an) Co., Ltd., No. 28 Information Road, EPZ B Zone, Xi'an New District, Xi'an, China 710119 * Lam Research International Sarl (Wuxi EPZ Bonded Warehouse), c/o HMG WHL Logistics (Wuxi) Co., Ltd., 1st Floor, Area 4, No. 1, Plot J3, No. 5 Gaolang East Road, Export Processing Zone, Wuxi, Jiangsu, China 214028 These Items Authorized for those Lam's Destinations Identified by double asterisks (**): ** Lam Research Service Co., Ltd. (Shanghai), 1st Floor, Area C, Hua Hong Science & Technology Park, 177 Bi Bo Road, Zhangjiang Hi-Tech Park, Pudong New District, Shanghai, China 201203 ** Lam Research Service Co., Ltd. (Wuhan Representative Office), Room 302, Guanggu Software Park Building E4, No. 1 Guanshan Road, Wuhan, Hubei Province, China 430074 ** Lam Research Service Co., Ltd. (Wuxi Branch), Room 302, Building 6, Singapore International Park, No. 89 Xing Chuang Si Road, Wuxi New District, Wuxi, Jiangsu, China 214028 ** Lam Research Service (Shanghai) Co., Ltd. (Xi'an Branch), Room 602, Building G, Wangzuo Xiandai City, 35 Tangyan Road, Gaoxin District, Xi'an, China 710065 General India GE India Industrial Pvt Ltd 1C002.a.1, 1C002.a.2, 1C002.b.1.a, 1C002.b.1.b, 1E001, 2E003.f, 9E003.a.1, 9E003.a.2, 9E003.a.4, 9E003.a.5, 9E003.a.6, 9E003.a.8, and 9E003.c GE India Technology Centre Private Limited (GEITC), No. 122, EPIP, Phase II, Hoodi Village, Whitefield Road, Bangalore 560066, Karnataka, India 74 FR 31620, 7/2/09. 74 FR 68147, 12/23/09. 77 FR 10953, 2/24/12. [89 FR 80085, Oct. 2, 2024, as amended at 89 FR 96854, Dec. 5, 2024; 90 FR 42322, Dec. 31, 2025] Supplement No. 8 to Part 748—Information Required in Requests for VEU Authorization VEU authorization applicants must provide to BIS certain information about the prospective and related respective validated end-user. This information must be included in requests for authorization submitted by prospective validated end-users, or exporters or reexporters who seek to have certain entities approved as validated end-users. BIS may, in the course of its evaluation, request additional information. A. Required Information for Both General and Data Center Validated End-user Authorization Requests (1) Name of proposed VEU candidates, including all names under which the candidate conducts business; complete company physical address (simply listing a post office box is insufficient); telephone number; fax number; email address; company website (if available); and name of individual who should be contacted if BIS has any questions. If the entity submitting the application is different from the prospective validated end-user identified in the application, this information must be submitted for both entities. If the candidate has multiple locations, all physical addresses located in the eligible destination must be listed. (2) Provide an overview of the structure, ownership and business of the prospective validated end-user. Include a description of the entity, including type of business activity, ownership, subsidiaries, and joint-venture projects, as well as an overview of any business activity or corporate relationship that the entity has with either government or military organizations. (3) List the items proposed for VEU authorization approval and their intended end-uses. Include a description of the items; the ECCN for all items, classified to the subparagraph level, as appropriate; technical parameters for the items including performance specifications; and end-use description for the items. If BIS has previously classified the item, the Commodity Classification Automated Tracking System (CCATS) number may be provided in lieu of the information listed in the foregoing provisions of this paragraph. (4) Provide the physical address(es) of the location(s) where the item(s) will be used, if this address is different from the address of the prospective validated end-user provided in paragraph (1) of this supplement. (5) If the prospective validated end-user plans to reexport the item, specify the destination to which the items will be reexported. (6) Specify how the prospective validated end-user's record keeping system will allow compliance with the recordkeeping requirements set forth in § 748.15(e) of the EAR. Describe the system that is in place to ensure compliance with VEU requirements. (7) Include an original statement on letterhead of the prospective validated end-user, signed and dated by a person who has authority to legally bind the prospective validated end-user, certifying that the end-user will comply with all VEU requirements. This statement must include acknowledgement that the prospective end-user: (i) Has been informed of and understands that the item(s) it may receive as a validated end-user will have been exported in accordance with the EAR and that use or diversion of such items contrary to the EAR is prohibited; (ii) Understands and will abide by all authorization VEU end-use restrictions, including the requirement that items received under authorization VEU will only be used for authorized end-uses and may not be used for any activities described in part 744 of the EAR unless authorized by § 748.15(d); (iii) Will comply with VEU recordkeeping requirements; and (iv) Agrees to allow on-site reviews by U.S. Government officials to verify the end-user's compliance with the conditions of the VEU authorization. B. Additional Required Information for Data Center Validated End-User Authorization Requests (1) A description of controlled items required in the data center and an accompanying rationale for why these items are required; (2) An overview of any business activity or corporate relationship that the candidate has with either government or military organizations of Macau or a destination specified in Country Group D:5; (3) An overview of business activities or corporate relationships that the candidate has with any organization designated on the Entity List in supp. no. 4 to part 744 and/or Military End-User List in supp. no. 7 to part 744; (4) Describe physical and logical security requirements for each location the controlled items will be housed ( e.g., (5) A description of the policies and procedures governing employees physical and logical access to the VEU data center; (6) For NVEUs, absent a legal prohibition or other such exceptional circumstances, a list of current and potential customers of the data center; (7) An overview of the data center's information security plan, which should include: (i) Cybersecurity plan; (ii) Logging and monitoring plan; (iii) Technology control plan that describes how much compute is required for the various end uses involved; (iv) Baseline cloud configuration and identity and access management process for tenants, if a cloud provider; (v) Personnel security plan; and (vi) An incident, identification, investigation, and reporting plan; (8) An explanation of the network infrastructure and architecture and service providers; (9) An overview of the applicant's supply chain risk management plan to limit PRC-origin equipment specified in paragraph 3 of supplement no. 10 to part 748 from entering the data-center environment and supply chain; (10) An overview of the applicant's export control training program and compliance program procedures; and (11) (NVEU applicants only) An overview of the applicant's ability to verify that items subject to the license requirement in § 742.6(a)(6)(iii) have not been moved from the specific country authorized for export or reexport by the NVEU ( e.g. [89 FR 80093, Oct. 2, 2024, as amended at 90 FR 4564, Jan. 15, 2025] Supplement No. 9 to Part 748—End-User Review Committee Procedures (1) The End-User Review Committee (ERC), composed of representatives of the Departments of State, Defense, Energy, and Commerce, and other agencies, as appropriate, is responsible for determining whether to add to, to remove from, or otherwise amend the list of validated end-users and associated eligible items set forth in supplement no. 7 to this part. The Department of Commerce chairs the ERC. (2) Unanimous vote of the Committee is required to authorize VEU status for a candidate or to add any eligible items to a pre-existing authorization. Majority vote of the Committee is required to remove VEU authorization or to remove eligible items from a pre-existing authorization. (3) In addition to requests submitted pursuant to § 748.15, the ERC will also consider candidates for VEU authorization that are identified by the U.S. Government. When the U.S. Government identifies a candidate for VEU authorization, relevant parties ( i.e. (4) The ERC will make determinations whether to grant VEU authorization to each VEU candidate no later than 30 calendar days after the candidate's complete application is circulated to all ERC agencies. The Committee may request additional information from an applicant or potential validated end-user related to a particular VEU candidate's application. The period during which the ERC is waiting for additional information from an applicant or potential validated end-user is not included in calculating the 30 calendar day deadline for the ERC's determination. (5) If an ERC agency is not satisfied with the decision of the ERC, that agency may escalate the matter to the Advisory Committee on Export Policy (ACEP). The procedures and time frame for escalating any such matters are the same as those specified for license applications in Executive Order 12981, as amended by Executive Orders 13020, 13026 and 13117 and referenced in § 750.4 of the EAR. (6) A final determination at the appropriate decision-making level to amend the VEU authorization list set forth in supplement no. 7 to this part operates as clearance by all member agencies to publish the amendment in the Federal Register. (7) The Deputy Assistant Secretary of Commerce for Export Administration will communicate the determination on each VEU request to the requesting party and the end-user. [72 FR 33662, June 19, 2007] Supplement No. 10 to Part 748—Data Center VEU Authorization Guidelines I. Certification and Policy Requirements Relating to National and Universal Validated End Users (VEU) Vetting Requirements 1. General Compliance and Proven Track Record. 2. Foreign Military and Intelligence Ties. a. The VEU, to include all subsidiary and parent entities (as well as their personnel in their professional capacities), must be free of ties to any 'military end users' (as that term is defined in § 744.21(g)) or 'military-intelligence end users' (as that term is defined in § 744.22(f)(2)). b. Ties include research and development agreements and joint activities. 3. Foreign Technology Ties. Export Restrictions 4. Transfer of Chips. a. Any entity located in, or headquartered in, Macau or a destination specified in Country Group D:5; b. Persons of any nationality working for or on behalf of a party on the EAR's Entity List, ISN's nonproliferation sanctions lists, or OFAC's Specially Designated Nationals and Blocked Persons List; c. Persons of any nationality employed by a government entity of Macau or a government entity of a destination specified in Country Group D:5 or presenting a high risk of facilitating diversion to Macau or a destination specified in Country Group D:5. These requirements should not be read as allowing any transfers that otherwise require a license. 5. Intra-company Transfer Notification. Only for VEUs accredited via a UVEU 6. Geographic allocations. Only for entities headquartered in countries listed in paragraph (a) to Supplement no. 5 to Part 740 with UVEU status: Only for U.S.-headquartered entities with UVEU status: Acceptable Use Policies 7. Advanced AI Training. 8. Model Weight Storage. 9. Prohibited Uses and Human Rights Safeguards. a. Activities described in part 744 and all relevant supplemental notices; b. Military and intelligence entities headquartered, or located in, Macau, destinations specified in Country Group D:5, and military and intelligence entities whose activities BIS informs the VEU could pose an unacceptable risk to U.S. national security or could enable human rights abuses or repression of democracy; or c. Activities that enable human rights abuses and/or repression of democracy including through censorship; arbitrary or unlawful surveillance; and abusive genetic collection and analysis schemes. Documentation, Auditing, and Reporting Requirements 10. Reporting of Chip Installations. a. The quantities and types of chips that meet or exceed the parameters of 3A090.a, purchased, approved for export to facilities in given countries, reexported, transferred to relevant destinations and entities to which transfers have occurred, and installed in all data center facilities in destinations except Macau, destinations specified in Country Group D:5, and countries not listed in paragraph (a) to Supplement No. 5 to Part 740. b. A breakdown of the VEU's total aggregate compute for chips, assemblies, and computers specified in 3A090.a, 4A090.a, or .z derivatives meeting or exceeding the parameters of ECCN 3A090.a or 4A090.a, in destinations except Macau and destinations specified in Country Group D:5 (including chips transferred but not yet installed). This accounting must also include information about chip attrition due to factors such as loss, damage, failure, relocation, and resale. 11. Monitoring, Recordkeeping, and Reporting. 12. Certification as VEU. II. Security Requirements Ownership Security 13. Ownership Security of VEUs: a. The VEU's financial viability; b. Counterintelligence concerns, especially regarding key management or leadership personnel and company owners with regard to the government of Macau or the government of a destination specified in Country Group D:5, or to entities headquartered in, or nationals of, Macau or a destination specified in Country Group D:5; c. Record of enforcement and/or engagement in unauthorized technology transfer; d. The nature of any relevant bilateral and multilateral security agreement and information exchange agreements; and e. Any other factor that demonstrates a capability on the part of foreign interests to control or influence the operations or management of the VEU of concern. Baseline Security 14. Baseline Security of Chips and Data. a. Advanced AI model weights and proprietary techniques used for advanced AI training must be treated as an information type with FIPS-199 security category {(confidentiality, HIGH), (integrity, HIGH), (availability, HIGH)}. b. Certification of compliance with the above NIST 800-53 requirements must be attested annually by a Third-Party Assessment Organization (3PAO) and made available to BIS. 3PAOs must be accredited and recognized by the FedRAMP Program Management Office, and have successfully completed the certification of a FedRAMP-high Cloud Service Provider; c. The VEU must have procedures in place to address and prevent seizure of chips; d. The VEU must put in place software and hardware mechanisms to detect and defeat tampering, such as illicit modification; e. Plans for the secure operation of data centers supporting a VEU shall be implemented in accordance with a security management defense-in-depth framework that includes a review of the following factors: i. Threat analysis. Assess the capabilities, intentions, and opportunity of an adversary to exploit or damage assets or information. ii. Vulnerability analysis. Assess the inherent susceptibility to attack of a procedure, facility, information system, equipment, or policy. iii. Probability analysis. Assess the probability of an adverse action, incident, or attack occurring. iv. Consequence analysis. Assess the consequences of such an action (expressed as a measure of loss, such as cost in dollars, resources, programmatic effect/mission impact, etc.) f. The following physical and technical security requirements are required for all VEU data centers: i. Compliance with Department of Defense Unified Facilities Criteria 4-010-05, Sections 3-4.4.1, 3-4.6.10, and 3-4.17.3; ii. No windows permitted in server core areas; and iii. 24/7/365 roving guard patrol or Perimeter Intrusion Detection System (PIDS) with a 15-minute response time; Software and Network Security 15. AI-Specific Cybersecurity. a. Ensure compliance with all best practices in the NSA cybersecurity information sheet “Deploying AI Systems Securely,” and the recommended actions for every CISA CPG 1.0 goal cross-referenced therein. b. Establish accountability for usage; generate logs and other records of usage, to include logging and monitoring usage of third-party APIs and fine-tuning mechanisms; c. Comply with the following requirements on model weights specified in ECCN 4E091, in addition to complying with the best practices listed in (a): i. Model weights must be stored on dedicated devices not used by, or hosting the data of, other organizations. ii. Every interface by which model weights can be accessed, directly or indirectly, must be reviewed to determine the appropriate output rate of information necessary for its legitimate functionality. The output rate must be monitored, and rate limitations must be implemented to ensure the output rate is unable to exceed the rate established for the interface's legitimate functionality. iii. Every interface, for which the established output rate is such that the model weights may be extracted in six months or less, must provide access only through a narrow, well-defined API, such as for inference or fine-tuning. The API must be thoroughly reviewed and secured to prevent model extraction attacks. Supply Chain Security 16. Transit Security. 17. Sanitization and Disposal Procedures. Personnel Security 18. Personnel Security Standards and Practices. a. The VEU must develop a plan to implement a personnel vetting model covering all individuals granted access to the VEU data center facility or corresponding systems. b. Personnel granted unescorted access to the VEU data center must be vetted under the following categories: i. Individuals specifically named on the U.S. Department of Treasury, Office of Foreign Assets Control (OFAC) Specially Designated Nationals List (SDN) or other OFAC sanctions lists; and ii. Individuals with employment history by a government, intelligence service, or military based in Macau or a destination specified in Country Group D:5, or with any parties on the EAR's Entity List or OFAC's SDN, Blocked Persons List, or other sanctions lists should be excluded from consideration. Individuals with employment history with entities headquartered in Macau or a destination specified in Country Group D:5 require additional vetting of their continuing ties, relationships, obligations, or other factors that could incentivize them to act on behalf of an entity headquartered in Macau or a destination specified in Country Group D:5. c. The VEU must establish and maintain a comprehensive program for detecting, assessing, disclosing, and managing insider threats, in accordance with the Cybersecurity and Infrastructure Security Agency Insider Threat Mitigation Guide, with particular consideration for insider threats that could enable access or prohibited uses by individuals or any other entities. Adherence to This Agreement 19. Enforcement. Exemption for Intentional Publication None of the provisions of this document shall be interpreted as to apply to or prevent intentional publication of model weights, data, or code. [90 FR 4565, Jan. 15, 2025]

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