PART 772—DEFINITIONS OF TERMS Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; et seq. Source: 61 FR 12925, Mar. 25, 1996, unless otherwise noted. § 772.1 Definitions of terms as used in the Export Administration Regulations (EAR). The following are definitions of terms as used in the Export Administration Regulations (EAR). In this part, references to the EAR are references to 15 CFR chapter VII, subchapter C. Those terms in quotation marks refer to terms used on the Commerce Control List (CCL) (supplement no. 1 to part 774 of the EAR). Parenthetical references following the terms in quotation marks (i.e., (Cat 5)) refer to the CCL category in which that term is found. If a term is used in only one Export Control Classification Number (ECCN) on the CCL, then that term will not 16/14 nanometer node (16/14 nm node) https://irds.ieee.org/images/files/pdf/2016_MM.pdf 600 series. 600 Series Major Defense Equipment MDE. Note to “600 Series Major Defense Equipment”: For the most current list of MDE, see Appendix 1, (Nonrecurring Cost Recoupment Charges for Major Defense Equipment) to DoD 5105.38-M, “Security Assistance Management Manual (SAMM),” dated 04/30/2012, available online at http://www.dsca.osd.mil/samm/ESAMM/Appendix01.htm. Access information. Accessories. Accuracy. Active flight control systems. Active pixel. Adaptive control. Adjusted Peak Performance (APP). Advanced-Node Integrated Circuits (Advanced-Node IC). (1) Logic integrated circuits using a non-planar transistor architecture or with a “production” 'technology node' of 16/14 nanometers or less; (2) NOT AND (NAND) memory integrated circuits with 128 layers or more; or (3) Dynamic random-access memory (DRAM) integrated circuits having: (i) A memory cell area of less than 0.0026 µm 2 (ii) A memory density greater than 0.20 gigabits per square millimeter; or (iii) More than 3000 through-silicon vias per die. Note 1 to definition of “Advanced-Node Integrated Circuits”: For the purposes of paragraph (1) of this definition, the term technology node refers to the Logic Industry “Node Range” figure described in the International Roadmap for Devices and Systems, 2016 edition (“More Moore” White Paper), available at: >https://irds.ieee.org/images/files/pdf/2016_MM.pdf. Note 2 to definition of “Advanced-Node Integrated Circuits”: For the purposes of paragraph (3) of this definition, the term memory density refers to the capacity of the monolithic die, package, or stack comprising the DRAM integrated circuit measured in gigabits divided by the relevant area. For a monolithic die, the relevant area is the area of the die. For package or stack, the relevant area is the footprint of the package or stack measured in square millimeters. In the case where a stack is contained in a package, use the area of the package. Cell area is defined as Wordline*Bitline (which takes into consideration both transistor and capacitor dimensions). Advisory Committee on Export Policy (ACEP). AES. Aggregated approximated transistor count Agricultural commodities. Note 1: This definition of agricultural commodities includes fertilizer and organic fertilizer, as listed in section 775 of the 2001 Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act (Act) (Public Law 106-387) and commodities listed in section 102 of the Agricultural Trade Act of 1978 (7 U.S.C. 5602) as incorporated in section 902 of the Act, as well as commodities determined by the Department of Agriculture to fall within the scope of section 102 of the 1978 Agricultural Trade Act. Note 2: For purposes of License Exception AGR (see § 740.18 of the EAR), agricultural commodities also include vitamins, minerals, food additives and dietary supplements, and bottled water. These items do not fall within the scope of section 102 of the 1978 Agricultural Trade Act, but are treated as agricultural commodities for the purposes of License Exception AGR. Note 3: For purposes of License Exception AGR and export license applications to Iran under the licensing procedures set forth in the appropriate regulations promulgated and administered by Treasury's Office of Foreign Assets Control, agricultural commodities only include those that are classified as EAR99. Aircraft. Airline. Airship. All compensations available. Allocated by the ITU. N.B. Additional and alternative allocations are not included. Angle random walk. Angular position deviation. “APP” Applicable advanced logic integrated circuits Applicant. Asymmetric algorithm. Technical Note: A common use of “asymmetric algorithms” is key management. Attachments. Australia Group. Australian airline. (1) A natural person who is a citizen of Australia; or (2) A partnership of which each member is such an individual; or (3) An Australian firm incorporated or otherwise organized under the laws of Australia or any Australian state or territory, having a total foreign stock interest not greater than 40 percent, and having the Chairman or Acting Chairman and at least two-thirds of the Directors thereof Australian citizens. “ Authentication Automated Export System (AES). http://www.census.gov/foreign-trade/aes/index.html Average Output Power. Bank. (a) Bank, savings association, credit union, bank holding company, bank or savings association service corporation, Edge Act corporation, Agreement corporation, or any insured depository institution, which is organized under the laws of the United States or any State and regulated or supervised by a Federal banking agency or a State bank supervisor; or (b) A company organized under the laws of a foreign country and regulated or supervised by a foreign bank regulatory or supervisory authority which engages in the business of banking, including without limitation, foreign commercial banks, foreign merchant banks and other foreign institutions that engage in banking activities usual in connection with the business of banking in the countries where such foreign institutions are organized or operating; or (c) An entity engaged in the business of providing clearing or settlement services, that is, or whose members are, regulated or supervised by a Federal banking agency, a State bank supervisor, or a foreign bank regulatory or supervisory authority; or (d) A branch or affiliate of any of the entities listed in paragraphs (a), (b), or (c) of this definition, regulated or supervised by a Federal banking agency, a State bank supervisor or a foreign bank regulatory or supervisory authority; or (e) An affiliate of any of the entities listed in paragraph (a), (b), (c), or (d) of this definition, engaged solely in the business of providing data processing services to a bank or financial institution, or a branch of such an affiliate. Basic gate propagation delay time. Technical Notes: 1. “Basic gate propagation delay time” is not to be confused with the input/output delay time of a complex “monolithic integrated circuit.” 2. ‘Family’ consists of all integrated circuits to which all of the following are applied as their manufacturing methodology and specifications except their respective functions: a. The common hardware and software architecture; b. The common design and process technology; and c. The common basic characteristics. Basic Scientific Research. Bias. 2 2 −6 “Bias”. (gyro) (Cat 7) The average over a specified time of gyro output measured at specified operating conditions that has no correlation with input rotation or acceleration. “Bias” is typically expressed in degrees per hour (deg/hr). (IEEE Std 528-2001). Bill of Lading. Build-to-Print technology. (i) Revealing “development” “technology,” such as design methodology, engineering analysis, detailed process or manufacturing know-how; (ii) Revealing the production engineering or process improvement aspect of the “technology;” or (iii) Requiring assistance from the provider of the technology to produce or repair the commodity. (2) Acceptance, test, or inspection criteria pertaining to the commodity at issue is included within the scope of “build-to-print technology” only if it is necessary to verify that the commodity is acceptable. Business Unit. (a) A distinct organizational structure which does not overlap with other business units of the same business; (b) A distinct set of accounts; and (c) Separate facilities for purchase, sale, delivery, and production of goods and services. CCL. CCL Group. Camming. Canadian airline. (1) A natural person who is a citizen of Canada; or (2) A partnership of which each member is such an individual; or (3) A Canadian firm incorporated or otherwise organized under the laws of Canada or any Canadian province or territory, having a total foreign stock interest not greater than 40 percent, and having the Chairman or Acting Chairman and at least two-thirds of the Directors thereof Canadian citizens. Capable of. Category. Chemical laser. Chemical Weapons Convention (CWC). Circular Error Probable. Circulation-controlled, anti-torque or circulation-controlled direction control systems Civil aircraft. COCOM (Coordinating Committee on Multilateral Export Controls). Commerce Control List (CCL). Commodity. Communications Channel Controller. Compensation systems. e.g., Complete breech mechanisms. Component. Composite. “III/V compounds”. (Cat 3 and 6) Polycrystalline or binary or complex monocrystalline products consisting of elements of groups IIIA and VA of Mendeleyev's periodic classification table (e.g., gallium arsenide, gallium-aluminum arsenide, indium phosphide). Contouring control. Controlled country. Countries supporting international terrorism. Country Chart. Country Groups. Critical temperature. Crude oil. Cryptanalytic items. Note: 1. 'Cryptanalytic functions' are functions designed to defeat cryptographic mechanisms in order to derive confidential variables or sensitive data, including clear text, passwords or cryptographic keys. These functions may include 'cryptanalysis,' which is the analysis of a cryptographic system or its inputs and outputs to derive confidential variables or sensitive data, including clear text. (ISO 7498-2-1988 (E), paragraph 3.3.18). 2. Functions specially designed and limited to protect against malicious computer damage or unauthorized system intrusion (e.g., viruses, worms and trojan horses) are not construed to be 'cryptanalytic functions.'). Cryptographic activation. (1) A single instance of the item; or (2) One customer, for multiple instances of the item. Technical note 1 to definition of “Cryptographic activation”: “Cryptographic activation” techniques and mechanisms may be implemented as hardware, “software” or “technology”. Technical note 2 to definition of “Cryptographic activation”: Mechanisms for “cryptographic activation” can, for example, be serial number-based license keys or authentication instruments such as digitally signed certificates. Cryptography e.g., Notes: 1. “Cryptography” does not include 'fixed' data compression or coding techniques. 2. “Cryptography” includes decryption. Technical Notes: 1. 'Secret parameter': A constant or key kept from the knowledge of others or shared only within a group. 2. 'Fixed': The coding or compression algorithm cannot accept externally supplied parameters (e.g., cryptographic or key variables) and cannot be modified by the user. Customs officer. CW Laser. Cyber incident response. Data-Based Referenced Navigation (“DBRN”) Systems. “Data signaling rate.” Note: When determining the “data signaling rate”, servicing and administrative channels shall be excluded. Technical Note: It is the maximum one-way rate, i.e., the maximum rate in either transmission or reception. Depleted uranium. Designed or modified. Development. Diffusion bonding. Digital computer. (a) Accept data; (b) Store data or instructions in fixed or alterable (writable) storage devices; (c) Process data by means of a stored sequence of instructions that is modifiable; and (d) Provide output of data. Note: Modifications of a stored sequence of instructions include replacement of fixed storage devices, but not a physical change in wiring or interconnections. Digital transfer rate. Direct product. Directorate of Defense Trade Controls (DDTC). Dual use. Dynamic adaptive routing. Note: This does not include cases of routing decisions taken on predefined information. Effective control. Electronic assembly. Technical Notes: 1. ‘Circuit element’: a single active or passive functional part of an electronic circuit, such as one diode, one transistor, one resistor, one capacitor, etc. 2. ‘Discrete component’: a separately packaged ‘circuit element’ with its own external connections. Encryption component. Encryption items. Encryption licensing arrangement. Encryption object code. Encryption software. Encryption source code. End-effectors. Technical Note to definition of “End-effectors”: 'Active tooling unit': a device for applying motive power, process energy or sensing to the workpiece. End item. End-user. Energetic materials. Equipment. Equivalent Density. Equivalent standards. Explosives. Export. Export Administration Act (EAA). Export Administration Regulations (EAR). Export Administration Review Board Export Control Classification Number (ECCN). Export control document. Exporter. Exporting carrier. Extreme Ultraviolet (EUV). FADEC systems. FMU Facilities. Fibrous or filamentary materials. (a) Continuous monofilaments; (b) Continuous yarns and rovings; (c) Tapes, fabrics, random mats and braids; (d) Chopped fibers, staple fibers and coherent fiber blankets; (e) Whiskers, either monocrystalline or polycrystalline, of any length; (f) Aromatic polyimide pulp. Film type integrated circuit. Note: “Circuit element”: a single active or passive functional part of an electronic circuit, such as one diode, one transistor, one resistor, one capacitor, etc. Financial Institution. (a) A broker, dealer, government securities broker or dealer, self-regulatory organization, investment company or investment adviser, which is regulated or supervised by the Securities and Exchange Commission or a self-regulatory organization that is registered with the Securities and Exchange Commission; or (b) A broker, dealer, government securities broker or dealer, investment company, investment adviser, or entity that engages in securities activities that, if conducted in the United States, would be described by the definition of the term “self-regulatory organization” in the Securities Exchange Act of 1934, which is organized under the laws of a foreign country and regulated or supervised by a foreign securities authority; or (c) A U.S. board of trade that is designated as a contract market by the Commodity Futures Trading Commission or a futures commission merchant that is regulated or supervised by the Commodity Futures Trading Commission; or (d) A U.S. entity engaged primarily in the business of issuing a general purpose charge, debit, or stored value card, or a branch of, or affiliate controlled by, such an entity; or (e) A branch or affiliate of any of the entities listed in paragraphs (a), (b), or (c) of this definition regulated or supervised by the Securities and Exchange Commission, the Commodity Futures Trading Commission, or a foreign securities authority; or (f) An affiliate of any of the entities listed in paragraph (a), (b), (c), or (e), of this definition engaged solely in the business of providing data processing services to one or more bank or financial institutions, or a branch of such an affiliate; or (g) A company organized and regulated under the laws of any of the United States and its branches and affiliates whose primary and predominant business activity is the writing of insurance or the reinsuring of risks; or a company organized and regulated under the laws of a foreign country and its branches and affiliates whose primary and predominant business activity is the writing of insurance or the reinsuring of risks. Firm. Flexible manufacturing unit. (a) A “digital computer” including its own “main storage” and its own “related equipment”; and (b) Two or more of the following: (1) A machine tool described in 2B001.c; (2) A dimensional inspection machine described in Category 2, or another digitally controlled measuring machine controlled by an entry in Category 2; (3) A “robot” controlled by an entry in Category 2 or 8; (4) Digitally controlled equipment controlled by 1B003, 2B003, or 9B001; (5) “Stored program controlled” equipment controlled by 3B001; (6) Digitally controlled equipment controlled by 1B001; (7) Digitally controlled electronic equipment controlled by 3A002. Fly-by-light system. Fly-by-wire system. Focal plane array. N.B. This definition does not include a stack of single detector elements or any two, three, or four element detectors provided time delay and integration is not performed within the element. Food. Foreign government agency. (a) National governmental departments operated by government-paid personnel performing governmental administrative functions; e.g. Finance Ministry, Ministry of Defense, Ministry of Health, etc. (municipal or other local government entities must submit required support documentation); or (b) National government-owned public service entities; e.g., nationally owned railway, postal, telephone, telegraph, broadcasting, and power systems, etc. The term “foreign government agency” does not include government corporations, quasi-government agencies, and state enterprises engaged in commercial, industrial, and manufacturing activities, such as petroleum refineries, mines, steel mills, retail stores, automobile manufacturing plants, airlines, or steamship lines that operate between two or more countries, etc. Foreign person. e.g., Foreign policy control. Foreign Terrorist Organizations (FTO). Forwarding agent. Fractional bandwidth. Frequency hopping. Frequency switching time. i.e., (1) ±100 Hz of a final specified output frequency of less than 1 GHz; or (2) ±0.1 part per million of a final specified output frequency equal to or greater than 1 GHz. Front-end fabricator Fuel cell. Full Authority Digital Engine Control Systems. Fundamental research. Fusible. Gate-All-Around Field-Effect Transistor (“GAAFET”). Note: GDSII (“Graphic Design System II”) General prohibitions. “Government end user” (as applied to encryption items Hard selectors. e.g., Hold Without Action (HWA). Hybrid computer. (a) Accept data; (b) Process data, in both analog and digital representation; and (c) Provide output of data. Hybrid integrated circuit. (a) Containing at least one unencapsulated device; (b) Connected together using typical IC-production methods; (c) Replaceable as an entity; and (d) Not normally capable of being disassembled. Notes: 1. “Circuit element”: a single active or passive functional part of an electronic circuit, such as one diode, one transistor, one resistor, one capacitor, etc. 2. “Discrete component”: a separately packaged “circuit element” with its own external connections. Image enhancement. Information security. Technical Note to definition of “Information security”: 'Cryptanalysis': the analysis of a cryptographic system or its inputs and outputs to derive confidential variables or sensitive data, including clear text. (ISO 7498-2-1988 (E), paragraph 3.3.18) Instantaneous bandwidth. Intent to Deny (ITD) letter. (a) Of the reason for BIS's decision to deny a license application; and (b) That the application will be denied 45 days from the date of the ITD letter, unless the applicant provides, and BIS accepts, a reason why the application should not be denied for the stated reason. See § 750.6 of the EAR. Interleaved Analog-to-Digital Converter (ADC). Intermediate consignee. Intrinsic Magnetic Gradiometer. Intrusion software. (1) The extraction of data or information, from a computer or network-capable device, or the modification of system or user data; or (2) The modification of the standard execution path of a “program” or process in order to allow the execution of externally provided instructions. Note 1 to “Intrusion Software” Definition: “Intrusion software” does not include any of the following: Hypervisors, debuggers or Software Reverse Engineering (SRE) tools; Digital Rights Management (DRM) “software”; or “Software” designed to be installed by manufacturers, administrators or users, for the purposes of asset tracking or recovery. Note 2 to “Intrusion Software” Definition: Network-capable devices include mobile devices and smart meters. Technical Note 1 to “Intrusion Software” Definition: 'Monitoring tools': “software” or hardware devices, that monitor system behaviors or processes running on a device. This includes antivirus (AV) products, end point security products, Personal Security Products (PSP), Intrusion Detection Systems (IDS), Intrusion Prevention Systems (IPS) or firewalls. Technical Note 2 to “Intrusion Software” Definition: 'Protective countermeasures': techniques designed to ensure the safe execution of code, such as Data Execution Prevention (DEP), Address Space Layout Randomization (ASLR) or sandboxing. Isostatic presses. Item. Know. Knowledge. Laser. Law or regulation relating to export control. Legible or legibility. Less sensitive government end users (as applied to encryption items and 'cybersecurity items'). (1) Local/state/provincial “government end users” (departments, agencies, and entities), including local/state/provincial executive, legislative, judicial, police, fire, rescue, and public safety agencies. (2) National/federal/royal “government end users” (departments, agencies, and entities) providing the following civil government functions and services: (i) Census and statistics services; (ii) Civil public works infrastructure services (construction, maintenance, repair, regulation, and administration) as follows: Buildings, public transportation, roads and highways, trucking; (iii) Civil service administration and regulation, including human resources and personnel/labor management; (iv) Clean water infrastructure services (treatment, supply and testing); (v) Economic (trade/commerce/investment), business and industrial development, promotion, regulation and administration, excluding the following end users/end uses: (A) Agencies, departments, boards, and councils for science and technology; (B) Research, development, and national laboratories (other than as specified in paragraphs (2)(xi) (measurements and standards services) and (2)(xii) (meteorology/weather/atmospheric services) of this definition); and (C) National telecommunications and information technology agencies, boards, councils, and development authorities (including national information center, and Information Communications Technology (ICT)/telecommunications infrastructure/spectrum planning, policy, regulation, and testing); (vi) Elections, balloting, and polling services; (vii) Energy regulation and administration, including oil, gas, and mining sectors; (viii) Environmental/natural resources regulation, administration, and protection, including wildlife, fisheries, and national parks; (ix) Food/agriculture regulation and administration; (x) Labor/community/social services planning, regulation, and administration, including: Housing and urban development, municipality and rural affairs; (xi) Measurements and standards services; (xii) Meteorology (weather, atmospheric) services; (xiii) National archives/museums; (xiv) Patents; (xv) Pilgrimage and religious affairs; (xvi) Postal services; (xvii) Public and higher education (excluding government research institutions and any agency, institution, or affiliate engaged in the manufacture or distribution of items or services controlled on the Wassenaar Munitions List); (xviii) Public health and medicine/pharmaceutical regulation and administration; (xix) Public libraries; (xx) Sports/culture (includes film, commercial broadcasting, and the arts) promotion, regulation, and administration; and (xxi) Travel/tourism promotion, regulation, and administration. Library. License. License application; application for license. License Exception. Licensee. Lighter-than-air vehicles. Local area network. (a) Allows an arbitrary number of independent 'data devices' to communicate directly with each other; and (b) Is confined to a geographical area of moderate size ( e.g., Technical Note to definition of “Local area network”: 'Data device' means equipment capable of transmitting or receiving sequences of digital information. MBTR MTCR. MTEC. Magnetic Gradiometers. Magnetometers. Material. Matrix. Maximum bit transfer rate. “MBTR” (bits per second) = B × R × T, where: B = Maximum number of data bits per track available to read or write in a single revolution; R = Revolutions per second; T = Number of tracks that can be used or written simultaneously. Measurement uncertainty. Media access unit. Medical devices. Medicines. Metal embrittlement agents. Microcomputer microcircuit. Technical Note 1: The “microprocessor microcircuit” normally does not contain integral user-accessible storage, although storage present on-the-chip may be used in performing its logic function. Technical Note 2: The internal storage may be augmented by an external storage. Note: This definition includes chip sets which are designed to operate together to provide the function of a “microprocessor microcircuit.” Microorganisms. Microprocessor microcircuit. N.B. 1: The “microprocessor microcircuit” normally does not contain integral user-accessible storage, although storage present on-the-chip may be used in performing its logic function. N.B. 2: This definition includes chip sets that are designed to operate together to provide the function of a “microprocessor microcircuit”. Microprogram. Military commodity. Related Controls Missile Technology Control Regime (MTCR). Missile Technology Export Control Group (MTEC). “ Missiles”. “ MMIC Model Weights. Monolithic integrated circuit. (a) Are formed by means of diffusion processes, implantation processes or deposition processes in or on a single semiconducting piece of material, a so-called ‘chip’; (b) Can be considered as indivisibly associated; and (c) Perform the function(s) of a circuit. Note: “Circuit element”: a single active or passive functional part of an electronic circuit, such as one diode, one transistor, one resistor, one capacitor, etc. “ Monolithic Microwave Integrated Circuit MMIC Monospectral imaging sensors. More sensitive government end users (as applied to encryption items and 'cybersecurity items'). (1) Agencies, departments, boards, and councils for science and technology (including research, development, and state/national laboratories, but not including measurements and standards); (2) Currency and monetary authorities (including departments and offices of the national/federal/royal reserve); (3) Executive agents of state (including offices of president/vice president/prime minister, royal courts, national security councils, cabinet/council of ministers/supreme councils/executive councils, crown princes and other deputies of the rulers, departments and offices of political/constitutional/mainland affairs); (4) Legislative bodies responsible for the enactment of laws; (5) Import/export control, customs and immigration agencies, and entities; (6) Intelligence agencies and entities; (7) Judiciary (including supreme courts and other national/federal/regional/royal high courts and tribunals); (8) Maritime, port, railway, and airport authorities; (9) Military and armed services (including national guard, coast guard, security bureaus, and paramilitary); (10) Ministries, departments, and garrisons of defense (including defense technology agencies); (11) Ministries and departments of finance and taxation (including national/federal/royal budget and revenue authorities); (12) Ministries and departments of foreign affairs/foreign relations/consulates/embassies; (13) Ministries of interior, internal/home/mainland affairs, and homeland security; (14) State/national telecommunications and information technology agencies, boards, councils, and development authorities (including national information/critical infrastructure data centers, and Information and Communications Technology (ICT)/telecommunications infrastructure/spectrum planning, policy, regulation, and testing); (15) Police, investigation and other law enforcement agencies, and entities (including digital crime/cybercrime/computer forensics, counter narcotics/counter terrorism/counter proliferation agencies); (16) Prisons; and (17) Public safety agencies and entities (including national/federal/royal agencies and departments of civil defense, emergency management, and first responders). Motion control board. Multichip integrated circuit. Multi-data-stream processing. (a) Single Instruction Multiple Data (SIMD) architectures such as vector or array processors; (b) Multiple Single Instruction Multiple Data (MSIMD) architectures; (c) Multiple Instruction Multiple Data (MIMD) architectures, including those that are tightly coupled, closely coupled or loosely coupled; or (d) Structured arrays of processing elements, including systolic arrays. Multiple channel Analog-to-Digital Converter (ADC). Multispectral Imaging Sensors. N.E.S. NATO (North Atlantic Treaty Organization). NLR. NSG. Natural uranium. Net value. Network Access Controller. Non-standard cryptography. Nuclear reactor. Nuclear Suppliers Group (NSG). Numerical control. “Object code”. Office of Foreign Assets Control (FAC) or (OFAC). Open cryptographic interface. Operate autonomously. Operating Committee (OC). Operations, Administration or Maintenance (a) Establishing or managing any of the following: (1) Accounts or privileges of users or administrators; (2) Settings of an item; or (3) Authentication data in support of the tasks described in paragraphs (a)(1) or (2) of this definition; (b) Monitoring or managing the operating condition or performance of an item; or (c) Managing logs or audit data in support of any of the tasks described in paragraphs (a) or (b) of this definition. Note to definition of “Operations, Administration or Maintenance”: “OAM” does not include any of the following tasks or their associated key management functions: a. Provisioning or upgrading any cryptographic functionality that is not directly related to establishing or managing authentication data in support of the tasks described in paragraphs (a)(1) or (2) of this definition; or b. Performing any cryptographic functionality on the forwarding or data plane of an item. Optical integrated circuit. Optical switching. Order Party. Organization for the Prohibition of Chemical Weapons (OPCW). Other party authorized to receive license. Outsourced Semiconductor Assembly and Test (OSAT) Overall current density. Part. Part program. Payload. (MTCR context) Note: The particular equipment, subsystems, or components to be included in the “payload” depends on the type and configuration of the vehicle under construction. Technical Notes: a. Ballistic Missiles 1. “Payload” for systems with separating re-entry vehicles (RVs) includes: i. The RVs, including: A. Dedicated guidance, navigation, and control equipment; B. Dedicated countermeasures equipment; ii. Munitions of any type (e.g., explosive or non-explosive); iii. Supporting structures and deployment mechanisms for the munitions (e.g., hardware used to attach to, or separate the RV from, the bus/post-boost vehicle) that can be removed without violating the structural integrity of the vehicle; iv. Mechanisms and devices for safing, arming, fuzing, or firing; v. Any other countermeasures equipment (e.g., decoys, jammers, or chaff dispensers) that separate from the RV bus/post-boost vehicle; vi. The bus/post-boost vehicle or attitude control/velocity trim module not including systems/subsystems essential to the operation of other stages. 2. “Payload” for systems with non-separating re-entry vehicles includes: i. Munitions of any type (e.g., explosive or non-explosive); ii. Supporting structures and deployment mechanisms for the munitions that can be removed without violating the structural integrity of the vehicle; iii. Mechanisms and devices for safing, arming, fuzing or firing; iv. Any countermeasures equipment (e.g., decoys, jammers, or chaff dispensers) that can be removed without violating the structural integrity of the vehicle. b. Space Launch Vehicles—“Payload” includes: 1. Spacecraft (single or multiple), including satellites; 2. Spacecraft-to-launch vehicle adapters including, if applicable, apogee/perigee kick motors or similar maneuvering systems and separation systems; c. Sounding Rockets—“Payload” includes: 1. Equipment required for a mission, such as data gathering, recording or transmitting devices for mission-specific data; 2. Recovery equipment (e.g., parachutes) that can be removed without violating the structural integrity of the vehicle. d. Cruise Missiles—“Payload” includes: 1. Munitions of any type (e.g., explosive or non-explosive); 2. Supporting structures and mechanisms for the munitions that can be removed without violating the structural integrity of the vehicle; 3. Mechanisms and devices for safing, arming, fuzing or firing; 4. Countermeasures equipment (e.g., decoys, jammers or chaff dispensers) that can be removed without violating the structural integrity of the vehicle; 5. Signature alteration equipment that can be removed without violating the structural integrity of the vehicle; e. Other UAVs—“Payload” includes: 1. Munitions of any type (e.g., explosive or non-explosive); 2. Mechanisms and devices for safing, arming, fuzing or firing; 3. Countermeasures equipment (e.g., decoys, jammers or chaff dispensers) that can be removed without violating the structural integrity of the vehicle; 4. Signature alteration equipment that can be removed without violating the structural integrity of the vehicle; 5. Equipment required for a mission such as data gathering, recording or transmitting devices for mission-specific data and supporting structures that can be removed without violating the structural integrity of the vehicle; 6. Recovery equipment (e.g., parachutes) that can be removed without violating the structural integrity of the vehicle; 7. Munitions supporting structures and deployment mechanisms that can be removed without violating the structural integrity of the vehicle. Peak power. Person. Personal area network (Cat 5 Part 2) (1) Allows an arbitrary number of independent or interconnected 'data devices' to communicate directly with each other; and (2) Is confined to the communication between devices within the immediate physical vicinity of an individual person or device controller ( e.g., Technical Notes: 1. 'Data device' means equipment capable of transmitting or receiving sequences of digital information. 2. The “local area network” extends beyond the geographical area of the “personal area network”. Port of export. Principal element. Principal parties in interest. Production. Production equipment. Production Facilities. Program. Proof test. Note: Equivalent national standards for executing the “proof test” may be used. Proscribed person. Publicly available encryption software. Published. Pulse compression. Pulse duration. Pulsed Laser. Purchaser. Pyrotechnic(s). Quantum cryptography. RWA. Radar frequency agility. Radar spread spectrum. Radiant sensitivity Technical Note: 'QE' is usually expressed as a percentage; however, for the purposes of this formula 'QE' is expressed as a decimal number less than one, e.g., 78% is 0.78. Range. Range. (MTCR context) Technical Notes: a. The maximum capability based on the design characteristics of the system, when fully loaded with fuel or propellant, will be taken into consideration in determining “range”. b. The “range” for both rocket systems and UAV systems will be determined independently of any external factors such as operational restrictions, limitations imposed by telemetry, data links or other external constraints. c. For rocket systems, the “range” will be determined using the trajectory that maximizes “range”, assuming ICAO standard atmosphere with zero wind. d. For UAV systems, the “range” will be determined for a one-way distance using the most fuel-efficient flight profile (e.g. cruise speed and altitude), assuming ICAO standard atmosphere with zero wind. Readable or readability. “Real-time Processing Reasons for Control. Recoverable commodities and software. (a) A stored data product containing a recovery feature that, when activated, allows recovery of the plaintext of encrypted data without the assistance of the end-user; or (b) A product or system designed such that a network administrator or other authorized persons who are removed from the end-user can provide law enforcement access to plaintext without the knowledge or assistance of the end-user. This includes, for example, products or systems where plaintext exists and is accessible at intermediate points in a network or infrastructure system, enterprise-controlled recovery systems, and products which permit recovery of plaintext at the server where a system administrator controls or can provide recovery of plaintext across an enterprise. Note to this definition: “Plaintext” indicates that data that is initially received by or presented to the recoverable product before encryption takes place. Reexport. Release. Repeatability. Repeatability. Replacement license. Required. Note 1 to the definition of Required: The ITAR and the EAR often divide within each set of regulations or between each set of regulations: (a) Controls on parts, components, accessories, attachments, and software; and (b) Controls on the end items, systems, equipment, or other items into which those parts, components, accessories, attachments, and software are to be installed or incorporated. Note 2 to the definition of Required: The references to “characteristics” and “functions” are not limited to entries on the CCL that use specific technical parameters to describe the scope of what is controlled. The “characteristics” and “functions” of an item listed are, absent a specific regulatory definition, a standard dictionary's definition of the item. For example, ECCN 9A610.a controls military aircraft specially designed for a military use that are not enumerated in USML paragraph VIII(a). No performance level is identified in the entry, but the control characteristic of the aircraft is that it is specially designed “for military use.” Thus, any technology, regardless of significance, peculiar to making an aircraft “for military use” as opposed to, for example, an aircraft controlled under ECCN 9A991.a, would be technical data “required” for an aircraft specially designed for military use thus controlled under ECCN 9E610. Note 3 to the definition of Required: Unclassified technology not specifically enumerated on the USML is “subject to the EAR” if it is “ required” Return Without Action (RWA). (a) The applicant has requested the application be returned; (b) A License Exception applies; (c) The items are not under Department of Commerce jurisdiction; (d) Required documentation has not been submitted with the application; or (e) The applicant cannot be reached after several attempts to request additional information necessary for processing of the application. Robot. (a) Is multifunctional; (b) Is capable of positioning or orienting material, parts, tools or special devices through variable movements in a three dimensional space; (c) Incorporates three or more closed or open loop servo-devices that may include stepping motors; and (d) Has “user-accessible programmability” by means of teach/playback method or by means of an electronic computer that may be a programmable logic controller, i.e., without mechanical intervention. Note: This definition does not include the following devices: (a) Manipulation mechanisms that are only manually/teleoperator controllable; (b) Fixed sequence manipulation mechanisms that are automated moving devices, operating according to mechanically fixed programmed motions. The program is mechanically limited by fixed stops, such as pins or cams. The sequence of motions and the selection of paths or angles are not variable or changeable by mechanical, electronic or electrical means; (c) Mechanically controlled variable sequence manipulation mechanisms that are automated moving devices, operating according to mechanically fixed programmed motions. The program is mechanically limited by fixed, but adjustable stops, such as pins or cams. The sequence of motions and the selection of paths or angles are variable within the fixed program pattern. Variations or modifications of the program pattern (e.g., changes of pins or exchanges of cams) in one or more motion axes are accomplished only through mechanical operations; (d) Non-servo-controlled variable sequence manipulation mechanisms that are automated moving devices, operating according to mechanically fixed programmed motions. The program is variable, but the sequence proceeds only by the binary signal from mechanically fixed electrical binary devices or adjustable stops; (e) Stacker cranes defined as Cartesian coordinate manipulator systems manufactured as an integral part of a vertical array of storage bins and designed to access the contents of those bins for storage or retrieval. Routed export transaction. Run-out. SHPL. SNEC. Sample rate. Satellite navigation system Scale factor. Schedule B numbers. Shield. Signal analyzers. Signal processing. Single shipment. Software. Source code (or source language). “Space-qualified”. Note 1: A determination that a specific item is “space-qualified” by virtue of testing does not mean that other items in the same production run or model series are “space-qualified” if not individually tested. Note 2: The terms 'designed' and 'manufactured' in this definition are synonymous with “specially designed.” Thus, for example, an item that is “specially designed” for a spacecraft is deemed to be 'designed' or 'manufactured' for operation at altitudes greater than 100 km and an item that is not “specially designed” for a spacecraft is not deemed to have been so 'designed' or 'manufactured.' Spacecraft. Spacecraft bus. Spacecraft payload. e.g., Specially Designated National (SDN). Specially Designated Terrorist (SDT). Specially designed. (a) Except for items described in (b), an “item” is “specially designed” if it: (1) As a result of “development” has properties peculiarly responsible for achieving or exceeding the performance levels, characteristics, or functions in the relevant ECCN or U.S. Munitions List (USML) paragraph; or (2) Is a “part,” “component,” “accessory,” “attachment,” or “software” for use in or with a commodity or defense article ‘enumerated’ or otherwise described on the CCL or the USML. (b) A “part,” “component,” “accessory,” “attachment,” or “software” that would be controlled (1) Has been identified to be in an ECCN paragraph that does not contain “specially designed” as a control parameter or as an EAR99 item in a commodity jurisdiction (CJ) determination or interagency-cleared commodity classification (CCATS) pursuant to § 748.3(e); (2) Is, regardless of ‘form’ or ‘fit,’ a fastener (e.g., screw, bolt, nut, nut plate, stud, insert, clip, rivet, pin), washer, spacer, insulator, grommet, bushing, spring, wire, solder; (3) Has the same function, performance capabilities, and the same or ‘equivalent’ form and fit, as a commodity or software used in or with an item that: (i) Is or was in “production” ( i.e., and (ii) Is either not ‘enumerated’ on the CCL or USML, or is described in an ECCN controlled only for Anti-Terrorism (AT) reasons; (4) Was or is being developed with “knowledge” that it would be for use in or with commodities or software (i) described in an ECCN and (5) Was or is being developed as a general purpose commodity or software, i.e., with no “knowledge” for use in or with a particular commodity (e.g., an F/A-18 or HMMWV) or type of commodity (e.g., an aircraft or machine tool); or (6) Was or is being developed with “knowledge” that it would be for use in or with commodities or software described (i) in an ECCN controlled for AT-only reasons and also EAR99 commodities or software; or (ii) exclusively for use in or with EAR99 commodities or software. Note 1: ‘Enumerated’ refers to any item (i) on either the USML or CCL not controlled in a ‘catch-all’ paragraph and (ii) when on the CCL, controlled by an ECCN for more than Anti-Terrorism (AT) reasons only. An example of an ‘enumerated’ ECCN is 2A226, which controls valves with the following three characteristics: a “nominal size” of 5 mm or greater; having a bellows seal; and Note 2: A ‘catch-all’ paragraph is one that does not refer to specific types of “parts,” “components,” “accessories,” or “attachments” but rather controls non-specific “parts,” “components,” “accessories,” or “attachments” because they were “specially designed” for an enumerated item. For example, ECCN paragraph 9A610.x is a catch-all, because it controls “parts,” “components,” “accessories,” and “attachments” “specially designed” for military aircraft, but does not identify specific types of “parts,” “components,” “accessories,” or “attachments” within its control. Another example of a ‘catch-all’ is the heading of 7A102, which controls “specially designed” components for the gyros enumerated in 7A102, but does not identify the specific types of “components” within its control. Note to paragraph ( a Items that as a result of “development” have properties peculiarly responsible for achieving or exceeding the performance levels, ‘functions’ or characteristics in a relevant ECCN paragraph may have properties shared by different products. For example, ECCN 1A007 controls equipment and devices, specially designed to initiate charges and devices containing energetic materials, by electrical means. An example of equipment not meeting the peculiarly responsible standard under paragraph (a)(1) is a garage door opener, that as a result of “development” has properties that enable the garage door opener to send an encoded signal to another piece of equipment to perform an action (i.e., the opening of a garage door). The garage door opener is not “specially designed” for purposes of 1A007 because although the garage door opener could be used to send a signal by electrical means to charges or devices containing energetic materials, the garage door opener does not have properties peculiarly responsible for achieving or exceeding the performance levels, ‘functions’ or characteristics in 1A007. For example, the garage door opener is designed to only perform at a limited range and the level of encoding is not as advanced as the encoding usually required in equipment and devices used to initiate charges and devices containing energetic materials, by electrical means. Conversely, another piece of equipment that, as a result of “development,” has the properties (e.g., sending a signal at a longer range, having signals with advanced encoding to prevent interference, and having signals that are specific to detonating blasting caps) needed for equipment used to initiate charges and devices containing energetic materials, would be peculiarly responsible because the equipment has a direct and proximate causal relationship that is central or special for achieving or exceeding the performance levels, ‘functions’ or characteristics identified in 1A007. Note 1 to paragraph ( b Commodities in “production” that are subsequently subject to “development” activities, such as those that would result in enhancements or improvements only in the reliability or maintainability of the commodity (e.g., an increased mean time between failure (MTBF)), including those pertaining to quality improvements, cost reductions, or feature enhancements, remain in “production.” However, any new models or versions of such commodities developed from such efforts that change the basic performance or capability of the commodity are in “development” until and unless they enter into “production.” Note 2 to paragraph ( b With respect to a commodity, ‘equivalent’ means that its form has been modified solely for ‘fit’ purposes. Note 3 to paragraph ( b The ‘form’ of a commodity is defined by its configuration (including the geometrically measured configuration), material, and material properties that uniquely characterize it. The ‘fit’ of a commodity is defined by its ability to physically interface or interconnect with or become an integral part of another item. The ‘function’ of the item is the action or actions it is designed to perform. ‘Performance capability’ is the measure of a commodity's effectiveness to perform a designated function in a given environment (e.g., measured in terms of speed, durability, reliability, pressure, accuracy, efficiency). For software, ‘form’ means the design, logic flow, and algorithms. ‘Fit’ means the ability to interface or connect with an item subject to the EAR. The ‘function’ means the action or actions it performs directly to an item subject to the EAR or as a stand-alone application. ‘Performance capability’ means the measure of software's effectiveness to perform a designated function. Note to paragraphs ( b b ECCNs controlled for AT-only reasons that use “specially designed” are eligible for paragraphs (b)(3) and (b)(4). However, the criteria for release under (b)(3) or (b)(4) must be met by another ECCN controlled for AT-only reasons or an EAR99 item in addition to the AT-only ECCN being reviewed for release from “specially designed.” For example, if a single gasket is used in ECCN 9A990 tractors (9A990 includes a control on “specially designed” “parts”) and also pick-up trucks designated as EAR99 that are in “production”, the single gasket would be released from “specially designed” on the basis of paragraph (b)(3). Or if the single gasket is or was used in 9A990 tractors and also 9A991.b aircraft (another AT-only controlled ECCN), that are in “production,” the gasket would be released from “specially designed” on the basis of paragraph (b)(3). Alternatively, if the single gasket is or was only used in ECCN 9A990 tractors that are in “production,” then paragraph (b)(3) would not be available. This same concept applies for paragraph (b)(4). Note to paragraphs ( b b b For a commodity or software to be not “specially designed” on the basis of paragraphs (b)(4), (b)(5) or or or “Specific modulus” 2 3 “Specific tensile strength” 2 3 Spectral efficiency. Spinning mass gyros. Spread spectrum. Spread spectrum radar. Stability Note: For gyroscopes and accelerometers, “stability” can be estimated by determining the Allan variance noise-analysis value at the integration period (i.e., sample time) consistent with the stated measurement period, which may include extrapolating the Allan variance noise analysis beyond the instability point into the rate/acceleration random walk or rate/acceleration ramp regions to an integration period consistent with the stated measurement period (Reference: IEEE Std. 952-1997 [R2008] or IEEE Std 1293-1998 [R2008]). Standards-related activity. Steady state mode. Stored program controlled. Note: Equipment may be “stored program controlled” whether the electronic storage is internal or external to the equipment. Subgroup on Nuclear Export Coordination (SNEC). Subject to the EAR. Subject to the ITAR. “ Sub-orbital craft (1) Operate above the stratosphere; (2) Perform a non-orbital trajectory; and (3) Land back on Earth with the people or cargo intact. Substrate. Note: “Discrete component”: a separately packaged “circuit element” with its own external connections. Substrate blanks. Super High Power Laser. Superalloy. Supercomputer. 3 Note 1 to “Supercomputer”: The 41,600 ft 3 2 Note 2 to “Supercomputer”: Typically, a 'supercomputer' is a high-performance multi-rack system having thousands of closely coupled compute cores connected in parallel with networking technology and having a high peak power capacity requiring cooling elements. They are used for computationally intensive tasks including scientific and engineering work. Supercomputers may include shared memory, distributed memory, or a combination of both. Superconductive. Note: The “superconductive” state of a material is individually characterized by a “critical temperature”, a critical magnetic field that is a function of temperature, and a critical current density that is a function of both magnetic field and temperature. Superplastic forming. Symmetric algorithm. System. Note: The industrial standards established by INCOSE and NASA provide examples for when commodities and software operate together to perform a function as a system. References to these standards are included in this note to provide additional examples for when commodities or software operate together to perform a function as a system. See the INCOSE standards for what constitutes a system at ( http://g2sebok.incose.org/app/mss/asset.cfm?ID=INCOSE%20G2SEBOK%202.00&ST=F Technology. Technology Information necessary for the “development,” “production,” “use,” operation, installation, maintenance, repair, overhaul, or refurbishing (or other terms specified in ECCNs on the CCL that control “technology”) of an item. N.B.: Controlled “technology” is defined in the General Technology Note and in the Commerce Control List (supplement no. 1 to part 774 of the EAR). Note 1 to definition of Technology: “Technology” may be in any tangible or intangible form, such as written or oral communications, blueprints, drawings, photographs, plans, diagrams, models, formulae, tables, engineering designs and specifications, computer-aided design files, manuals or documentation, electronic media or information revealed through visual inspection; Note 2 to definition of Technology: The modification of the design of an existing item creates a new item and technology for the modified design is technology for the development or production of the new item. Terminal interface equipment. “ Three dimensional integrated circuit”. Tilting spindle. Time constant. “Tip shroud” (Cat 9)—A stationary ring component (solid or segmented) attached to the inner surface of the engine turbine casing or a feature at the outer tip of the turbine blade, which primarily provides a gas seal between the stationary and rotating components. Total control of flight. Total digital transfer rate. Toxins. Transfer. In-country transfer/Transfer (in-country) Note to definition of Transfer: This definition of “transfer” does not apply to § 750.10 of the EAR or Supplement No. 8 to part 760 of the EAR. The term “transfer” may also be included on licenses issued by BIS. In that regard, the changes that can be made to a BIS license are the non-material changes described in § 750.7(c) of the EAR. Any other change to a BIS license without authorization is a violation of the EAR. See §§ 750.7(c) and 764.2(e) of the EAR. Tunable. U.S. Person. (1) Any individual who is a citizen of the United States, a permanent resident alien of the United States, or a protected individual as defined by 8 U.S.C. 1324b(a)(3); (2) Any juridical person organized under the laws of the United States or any jurisdiction within the United States, including foreign branches; and (3) Any person in the United States. (b) See also §§ 740.9, 740.14, and 740.21(f)(2) and parts 746 and 760 of the EAR for definitions of “U.S. person” that are specific to those sections and parts. U.S. subsidiary. (a) A foreign branch of a U.S. company; or (b) A foreign subsidiary or entity of a U.S. entity in which: (1) The U.S. entity beneficially owns or controls (whether directly or indirectly) 25 percent or more of the voting securities of the foreign subsidiary or entity, if no other persons owns or controls (whether directly or indirectly) an equal or larger percentage; or (2) The foreign entity is operated by the U.S. entity pursuant to the provisions of an exclusive management contract; or (3) A majority of the members of the board of directors of the foreign subsidiary or entity also are members of the comparable governing body of the U.S. entity; or (4) The U.S. entity has the authority to appoint the majority of the members of the board of directors of the foreign subsidiary or entity; or (5) The U.S. entity has the authority to appoint the chief operating officer of the foreign subsidiary or entity. Ultimate consignee. Unidirectional positioning repeatability. United Kingdom (or UK) airline. (1) A natural person who is a citizen of the United Kingdom; or (2) A partnership of which each member is such an individual; or (3) A United Kingdom firm incorporated or otherwise organized under the laws of the United Kingdom or any country or territory that comprises the United Kingdom, having a total foreign stock interest not greater than 40 percent, and having the Chairman or Acting Chairman and at least two-thirds of the Directors thereof United Kingdom citizens. United States. United States airline. (a) An individual who is a citizen of the United States or one of its possessions; or (b) A partnership of which each member is such an individual; or (c) A corporation or association created or organized under the laws of the United States, or of any State, Territory, or possession of the United States, of which the president and two-thirds of the board of directors and other managing officers thereof are such individuals and in which at least 75 percent of the voting interest is owned or controlled by persons who are citizens of the United States or of one of its possessions. “ Unmanned aerial vehicle” (“UAV”). Note to definition of “Unmanned aerial vehicle” (“UAV”): For the purposes of § 744.3 of the EAR, unmanned air vehicles, which are the same as “unmanned aerial vehicles,” include, but are not limited to, cruise missiles, target drones and reconnaissance drones. “Usable in”, “usable for”, “usable as” or “Capable of”. Use. Note: If an ECCN specifies one or more of the six elements of “use” in the heading or control text, only those elements specified are classified under that ECCN. User-accessible programmability. (a) A physical change in wiring or interconnections; or (b) The setting of function controls including entry of parameters. Utilization facility. (1) Primary coolant pumps; (2) Fuel charging or discharging machines; and (3) Control rods. (b) Utilization facility does not include the steam turbine generator portion of a nuclear power plant. Vacuum electronic devices Vector Rate. Vulnerability disclosure. You. [61 FR 12925, Mar. 25, 1996] Editorial Note: For Federal Register www.govinfo.gov.