[Federal Register Volume 89, Number 173 (Friday, September 6, 2024)]
[Rules and Regulations]
[Pages 72926-72956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-19633]



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Vol. 89

Friday,

No. 173

September 6, 2024

Part II





Department of Commerce





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Bureau of Industry and Security





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15 CFR Parts 736, 738, 740, et al.





Commerce Control List Additions and Revisions; Implementation of 
Controls on Advanced Technologies Consistent With Controls Implemented 
by International Partners; Final Rule

  Federal Register / Vol. 89, No. 173 / Friday, September 6, 2024 / 
Rules and Regulations  

[[Page 72926]]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 736, 738, 740, 742, 743, 772, and 774

[Docket No. 240813-0217]
RIN 0694-AJ60


Commerce Control List Additions and Revisions; Implementation of 
Controls on Advanced Technologies Consistent With Controls Implemented 
by International Partners

AGENCY: Bureau of Industry and Security, Department of Commerce.

ACTION: Interim final rule; request for comments.

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SUMMARY: The Bureau of Industry and Security (BIS) is implementing 
export controls on several semiconductor, quantum, and additive 
manufacturing items for national security and foreign policy reasons. 
This rule adds new Export Control Classification Numbers (ECCNs) to the 
Commerce Control List, revises existing ECCNs, adds a new license 
exception to authorize exports and reexports to and by countries that 
have implemented equivalent technical controls for these newly added 
items, and adds two new worldwide license requirements to the national 
security and regional stability controls in the Export Administration 
Regulations (EAR). These controls are the product of extensive 
discussions with international partners.

DATES: 
    Effective date: This rule is effective September 6, 2024. The 
incorporation by reference of certain publications listed in the rule 
is approved by the Director of the Federal Register as of September 6, 
2024.
    Compliance dates: Although this rule is effective on September 6, 
2024, exporters, reexporters, and transferors of quantum items 
specified in ECCNs 3A901, 3A904, 3B904, 3C907, 3C908, 3C909, 3D901 (for 
3A901.b, 3B904), 3E901 (for 3A901, 3A904, 3B904, 3C907, 3C908, 3C909), 
4A906, 4D906, or 4E906 to destinations specified in Country Group A:1 
in supplement no. 1 to part 740 are not required to comply with the 
license requirements in Sec.  742.4(a)(5)(i) or Sec.  742.6(a)(10)(i) 
of the EAR until November 5, 2024. If no compliance date is provided, 
then parties must comply with the requirements set forth in this rule 
as of the effective date of this rule.
    Comment due date: Comments on revisions and additions in this rule, 
as well as comments responding to the possibility of a different 
licensing policy or procedures for quantum deemed exports and 
reexports, must be received by BIS no later than November 5, 2024.

ADDRESSES: Comments on this rule may be submitted to the Federal 
rulemaking portal (www.regulations.gov). The regulations.gov ID for 
this rule is: BIS-2024-0020. Please refer to RIN 0694-AJ60 in all 
comments.
    All filers using the portal should use the name of the person or 
entity submitting the comments as the name of their files, in 
accordance with the instructions below. Anyone submitting business 
confidential information should clearly identify the business 
confidential portion at the time of submission, file a statement 
justifying nondisclosure and referring to the specific legal authority 
claimed, and provide a non-confidential version of the submission.
    For comments submitted electronically containing business 
confidential information, the file name of the business confidential 
version should begin with the characters ``BC.'' Any page containing 
business confidential information must be clearly marked ``BUSINESS 
CONFIDENTIAL'' on the top of that page. The corresponding non-
confidential version of those comments must be clearly marked 
``PUBLIC.'' The file name of the non-confidential version should begin 
with the character ``P.'' Any submissions with file names that do not 
begin with either a ``BC'' or a ``P'' will be assumed to be public and 
will be made publicly available through https://www.regulations.gov. 
Commenters submitting business confidential information are encouraged 
to scan a hard copy of the non-confidential version to create an image 
of the file, rather than submitting a digital copy with redactions 
applied, to avoid inadvertent redaction errors which could enable the 
public to read business confidential information.

FOR FURTHER INFORMATION CONTACT: 
    For general questions contact: Sharron Cook at 202-482-2440 or 
[email protected].
    For technical questions contact:
    Category 2: Sean Ghannadian at 202-482-3429 or 
[email protected].
    Category 3: Carlos Monroy at 202-482-3246 or 
[email protected].
    Category 4: Aaron Amundson at 202-482-0707 or 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    In remarks made on February 4, 2021, regarding America's place in 
the world, President Biden noted that America's alliances are some of 
our greatest assets and that leading with diplomacy means standing 
shoulder to shoulder and working closely with our allies and key 
partners, thereby protecting the world against those who do not share 
our values. This is especially true in export controls, as controls 
adopted by supplier countries, working together, are typically the most 
effective path to protect our national security and advance our foreign 
policy objectives. This is reflected in the Statement of Policy in the 
Export Control Reform Act of 2018 (ECRA): export controls that are 
multilateral are the most effective (50 U.S.C. 4811(5)).
    BIS seeks to achieve these objectives by harmonizing controls with 
like-minded countries. Accordingly, the United States is implementing 
new controls, including a limited number of deemed export requirements 
in the sectors of quantum computers, materials, and related electronic 
assemblies; aerospace technology; and integrated circuit 
``development'' or ``production.'' With this rule, BIS imposes controls 
on items in these categories that warrant export controls because of 
national security concerns. Given the national security basis for these 
controls, BIS is implementing them immediately through an interim final 
rule. These controls are consistent with controls implemented by 
several international partners. While not currently controlled by the 
relevant multilateral regime, pursuant to ECRA Section 1758(c)(1), the 
United States shall pursue addition of these technologies to the list 
of items controlled by the relevant multilateral export control regime.
    To identify items for which controls are harmonized with the 
Implemented Export Controls (IEC) of international partners, and to 
distinguish between such items and those items controlled through 
multilateral regimes, BIS is establishing a new framework in the EAR.
     IEC items will be identified in the 900 series of the CCL, 
i.e., in Export Control Classification Numbers (ECCNs) for which the 
third digit is a 9 and the fourth digit is a number from 0 to 7 (e.g., 
3A901). Such items have worldwide license requirements and more limited 
license exception availability as compared to the ECCNs implementing 
multilateral regime controls.
     License Exception IEC will authorize exports and reexports 
to

[[Page 72927]]

specified destinations whose governments have implemented equivalent 
controls on the same items as the United States.
     Finally, this rule amends certain existing ECCNs where the 
proposal applied to an existing ECCN and it would have been more 
confusing to the public to create a separate ECCN, e.g., ECCN 3B001. 
For these items, rather than establish new ECCNs, BIS is revising the 
item's current ECCN, even if such entry was initially adopted as a 
multilateral ECCN.
    BIS encourages the public to comment on: (1) this framework for 
IEC, especially as it may impact supply chains and compliance programs; 
(2), the scope and clarity of the new ECCNs; and (3) the scope of the 
license exceptions.
    BIS also seeks public comment on the deemed export requirements in 
this rule and the potential impacts that a deemed export control would 
have if it was applied to the quantum items and the General License in 
General Order no. 6 in paragraph (f)(3) in supplement no. 1 to part 736 
were removed in this rule or at a future date. Specific illustrative 
questions are included below in section II.G.vii.

II. Details of Revisions to the EAR

A. Supplement No. 1 to Part 736--General Order No. 6--General License

    BIS adds General Order No. 6 to implement three authorizations in 
paragraph (f) of supplement no. 1 to part 736 of the EAR.
    A GAAFET General License (GL) is implemented in paragraphs (f)(1) 
and (f)(2) to support the U.S. technology leadership through ongoing 
collaboration with established partners in allied countries, i.e., when 
that ``development'' or ``production'' began to be performed on or 
prior to September 6, 2024. In paragraph (f)(1), this GL authorizes 
exports, reexports, and transfers (in-country) to certain end users in 
destinations specified in Country Groups A:5 and A:6 in supplement no. 
1 to part 740 of the EAR. The GL does not authorize deemed exports and 
reexports, because deemed exports and reexports to these countries are 
excluded from NS and RS controls under Sec. Sec.  742.4(a)(5) and 
742.6(a)(10) of the EAR.
    In paragraph (f)(2), the GL does, however, authorize deemed exports 
or deemed reexports of ``technology'' specified in ECCN 3E905 
(including for future advancements or versions of the same 
``technology'') to foreign person employees or contractors already 
employed by entities as of September 6, 2024 whose most recent country 
of citizenship or permanent residency is a destination specified in 
Country Group D:1 or D:5, and who are not prohibited persons under part 
744 of the EAR.
    In paragraph (f)(3), the General License authorizes deemed exports 
or deemed reexports of quantum ``technology'' and ``software'' to 
foreign persons whose most recent country of citizenship or permanent 
residency is a destination specified in Country Group D:1 or D:5 and 
who are not prohibited persons under part 744 of the EAR.
    These authorizations in paragraph (f) are subject to annual 
reporting requirements in (f)(4), end-use and end-user restrictions in 
paragraph (f)(5), and recordkeeping requirements in paragraph (f)(6).

B. Sec.  738.2 Commerce Control List (CCL) Structure

    BIS is revising paragraph (d) to revise the explanation of the 
composition of an Export Control Classification Number (ECCN), 
especially focusing on the meaning of the digits in the ECCN. The 500 
series is currently being utilized to cover firearms in the 0x5xx ECCNs 
and ``Spacecraft'' in 9x515 ECCNs. The new ECCNs that establish 
controls implemented by partners are now being placed in the 900 series 
ECCNs. Crime control and short supply controls have long shared the 
980-989 series of ECCNs. Lastly, the 990-999 series ECCNs are being 
used for unilateral Anti-terrorism (AT), Regional Stability (RS), and 
United Nations Sanctions (UN) controls. BIS notes that while this is 
the overall structure of an ECCN, there will be the rare exception, 
e.g., ECCN 3B001, because there are some items mirroring controls by 
allies rather than pursuant to the formal multilateral regime controls.

C. Sec.  740.2 Restrictions on all License Exceptions

    BIS is amending Sec.  740.2 by adding paragraph (a)(22) to restrict 
the use of all license exceptions other than License Exceptions IEC, 
TMP, RPL, GOV, and TSU for the items described herein. License 
Exception IEC is available for exports, reexports, or transfers (in-
country) of eligible items (currently ECCNs 2B910, 2D910, 2E903, 2E910, 
3A901, 3A904, 3B001.c.1.a, 3B001.c.1.c, 3B001.q, 3B903, 3B904, 3C907, 
3C908, 3C909, 3D001 (for 3B001.c.1.a, 3B001.c.1.c, 3B001.q), 3D002 (for 
3B001.c.1.a, 3B001.c.1.c), 3D901, 3D907, 3E001 (for 3B001.c.1.a, 
3B001.c.1.c, 3B001.q), 3E901, 3E905, 4A906, 4D906, and 4E906) to the 
eligible destinations specified in Sec.  740.24 of the EAR. Section 
740.2(a)(22) further specifies that such items may only be exported to 
other destinations pursuant to TMP, restricted to eligibility under the 
provisions of Sec.  740.9(a)(3) and (6); RPL, under the provisions of 
Sec.  740.10; GOV, restricted to eligibility under the provisions of 
Sec.  740.11(b); or TSU under the provisions of Sec.  740.13(a) and 
(c).

D. Sec.  740.24 Implemented Export Controls (IEC)

i. Country Scope
    BIS is implementing license exception eligibility for specified 
countries that have implemented equivalent technical national controls 
for specific items, in accordance with License Exception IEC Eligible 
Items and Destinations which is incorporated by reference into this 
section with the approval of the Director of the Federal Register under 
5 U.S.C. 552(a) and 1 CFR part 51. This material is available for 
inspection on the BIS website.
    This authorization supports collaboration and innovation in those 
technologies for countries that have implemented equivalent technical 
parameters for these items in their export controls.
ii. Product Scope
    Therefore, BIS is adding License Exception IEC to authorize exports 
and reexports to and among, and transfers (in-country) within, 
specified countries that have implemented export controls for items 
subject to the NS worldwide controls in newly added Sec.  742.4(a)(5) 
and the RS worldwide controls in newly added Sec.  742.6(a)(10). See 
description below in the national security and regional stability 
sections about these newly added paragraphs. Currently these items 
include the following ECCNs: 2B910, 2D910, 2E903, 2E910, 3A901, 3A904, 
3B001.c.1.a, 3B001.c.1.c, 3B001.q, 3B903, 3B904, 3C907, 3C908, 3C909, 
3D001 (for 3B001.c.1.a, 3B001.c.1.c, 3B001.q), 3D002 (for 3B001.c.1.a, 
3B001.c.1.c), 3D901, 3D907, 3E001 (for 3B001.c.1.a, 3B001.c.1.c, 
3B001.q), 3E901, 3E905, 4A906, 4D906, and 4E906. For ease of reference, 
the CCL entry for each of these ECCNs indicates ``IEC: Yes'' in the 
respective license exception section and references Sec.  740.2(a)(22) 
and Sec.  740.24 of the EAR. License Exception IEC Eligible Items and 
Destinations will be revised on the BIS website as additional countries 
implement these controls.
    ECCNs eligible for License Exception IEC state ``IEC: Yes'' in the 
List-based License Exception paragraph of the ECCN. These items are 
controlled for export and reexport worldwide for

[[Page 72928]]

national security reasons under Sec.  742.4(a)(5), for regional 
stability reasons under Sec.  742.6(a)(10), and for anti-terrorism 
reasons to destinations specified in AT column 1 in supplement no. 1 to 
part 738 of the EAR.
iii. Incorporation by Reference: Eligibility Table Entitled ``License 
Exception IEC Eligible Items and Destinations''
    License Exception IEC eligibility is based on implementation of 
export controls for the items described in License Exception IEC 
Eligible Items and Destinations (incorporated by reference and 
available on the BIS website at https://www.bis.gov/articles/license-exceptions#license-exception-IEC-eligibility) by specified countries 
that have implemented equivalent technical parameters for these items 
in their export controls that substantially align with those 
implemented by the United States. License Exception IEC Eligible Items 
and Destinations identifies the items authorized under License 
Exception IEC to be exported, reexported, or transferred (in-country) 
to, among, or within the countries that have implemented export 
controls for these items. See paragraph Sec.  740.24(c) for specific 
information about the incorporate by reference approval.

E. Sec.  742.4 National Security

    BIS adds paragraph (a)(5) to set forth a worldwide license 
requirement for national security reasons when an ECCN references Sec.  
742.4(a)(5) in an NS license requirement paragraph in the license 
requirement table of the ECCN. This rule also adds paragraph (b)(10) to 
set forth the license review policy for the items in paragraph (a)(5), 
which is a presumption of approval when the export or reexport is to a 
country in Country Group A:1 of supplement no. 1 to part 740 of the 
EAR. For exports or reexports of such items to destinations specified 
in Country Group D:1 or D:5, license applications will be reviewed with 
a presumption of denial. A case-by-case review policy will be applied 
for such items to all other destinations, to assess the risk that the 
export or reexport would contribute to the military potential of a 
country specified in Country Group D:1 or D:5 or to the destabilization 
of the region to which the item is destined. These items are also 
subject to regional stability and anti-terrorism controls. ECCNs 
currently subject to this NS control are: 2B910, 2D910, 2E903, 2E910, 
3A901, 3A904, 3B001.c.1.a, 3B001.c.1.c, 3B001.q, 3B903, 3B904, 3C907, 
3C908, 3C909, 3D001 (for 3B001.c.1.a, 3B001.c.1.c, 3B001.q), 3D002 (for 
3B001.c.1.a, 3B001.c.1.c), 3D901, 3D907, 3E001 (for 3B001.c.1.a, 
3B001.c.1.c, 3B001.q), 3E901, 3E905, 4A906, 4D906, and 4E906.
    There is a 60-day delayed compliance for exports, reexports, and 
transfers (in-country) for quantum items specified in ECCNs 3A901, 
3A904, 3B904, 3C907, 3C908, 3C909, 3D901 (for 3A901.b, 3B904), 3E901 
(for 3A901, 3A904, 3B904, 3C907, 3C908, 3C909), 4A906, 4D906, or 4E906 
controls to destinations in Country Group A:1; see compliance date at 
the beginning of the rule. This delay in compliance is to allow for 
submission and processing of license applications or implementation of 
internal compliance procedures on items covered by these ECCNs.
    License requirements for deemed exports and deemed reexports for 
national security and regional stability controls are discussed in 
Section G of this rule, as the license requirements are identical for 
both.

F. Sec.  742.6 Regional Stability

    Generally, regional stability controls are not added in conjunction 
with national security controls for conventional weapons-related items, 
because the controls are agreed upon unanimously by a multilateral 
regime. However, the additional CCL controls BIS is implementing in 
this rule have not yet been adopted by the relevant multilateral 
regime. Therefore, BIS is also unilaterally controlling these items for 
regional stability reasons at this time. Exporters should also note 50 
U.S.C. 4565(a)(6), which defines ``critical technologies'' for purposes 
of the jurisdiction of the Committee on Foreign Investment in the 
United States (CFIUS). Additional information about CFIUS can be found 
on Treasury's website at: https://home.treasury.gov/policy-issues/international/the-committee-on-foreign-investment-in-the-united-states-cfius.
    This rule adds paragraph (a)(10) to set forth a worldwide license 
requirement for regional stability reasons when an ECCN references 
Sec.  742.6(a)(10) in an RS license requirement in the license 
requirement table of the ECCN. This rule also adds paragraph (b)(11) to 
set forth the license review policy for the items in paragraph (a)(10), 
which is a presumption of approval for destinations specified in 
Country Group A:1. For exports or reexports of such items to 
destinations specified in Country Groups D:1 or D:5 of supplement no. 1 
to part 740 of the EAR, license applications will be reviewed under a 
presumption of denial. A case-by-case review policy will be applied for 
such items to all other destinations, to assess the risk the export or 
reexport would contribute significantly to the destabilization of the 
region to which the equipment is destined. These items are also subject 
to national security and anti-terrorism controls. ECCNs currently 
subject to this RS control are: 2B910, 2D910, 2E903, 2E910, 3A901, 
3A904, 3B001.c.1.a, 3B001.c.1.c, 3B001.q, 3B903, 3B904, 3C907, 3C908, 
3C909, 3D001 (for 3B001.c.1.a, 3B001.c.1.c, 3B001.q), 3D002 (for 
3B001.c.1.a, 3B001.c.1.c), 3D901, 3D907, 3E001 (for 3B001.c.1.a, 
3B001.c.1.c, 3B001.q), 3E901, 3E905, 4A906, 4D906, and 4E906.
    There is a 60-day delayed compliance for exports, reexports, and 
transfers (in-country) for quantum items specified in ECCNs 3A901, 
3A904, 3B904, 3C907, 3C908, 3C909, 3D901 (for 3A901.b, 3B904), 3E901 
(for 3A901, 3A904, 3B904, 3C907, 3C908, 3C909), 4A906, 4D906, or 4E906 
controls to destinations in Country Group A:1; see compliance date at 
the beginning of the rule. This delay in compliance is to allow for 
submission and processing of license applications or implementation of 
internal compliance procedures on items covered by these ECCNs.
    License requirements for deemed exports and deemed reexports are 
discussed in the section below, as the license requirements are 
identical to the national security controls.

G. Deemed Export and Deemed Reexport Controls

i. Grandfathering Clauses
    This rule includes grandfathering clauses, allowing the continued 
and future access to ``technology'' and ``software'' (including for 
future advancements or versions of the same ``technology'' and 
``software'') that require a license for national security or regional 
stability reasons in Sec.  742.4(a)(5)(i) and Sec.  742.6(a)(10)(i) of 
the EAR for foreign person employees and contractors that already have 
access to such ``technology'' or ``software'' and are employed by an 
entity as of the effective date of this rule. The only exception to 
these grandfathering clauses is for GAAFET ``technology'' specified in 
ECCN 3E905 to foreign persons whose most recent country of citizenship 
or permanent residency is a destination specified in Country Group D:1 
or D:5. However, this rule implements authorization for employees and 
contractors to continue access to GAAFET technology under General 
License in General Order no. 6, paragraph (f) of supplement no. 1 to 
part 736 of the EAR subject to reporting requirements and conditions.

[[Page 72929]]

ii. Full Deemed Export and Deemed Reexport Exclusion
    This rule implements a full deemed export and deemed reexport 
license requirement exclusion from license requirements imposed under 
the national security and regional stability control in Sec.  
742.4(a)(5)(i) and Sec.  742.6(a)(10)(i) of the EAR for ``technology'' 
and ``software'' in ECCNs 3D001, 3D002, and 3E001 for anisotropic dry 
plasma etch equipment and isotropic dry etch equipment in 3B001.c.1.a 
and c.1.c. This is in alignment with the full deemed export and deemed 
reexport exclusion that is already in place for this ``technology'' and 
``software'' that was established by the rule entitled ``Export 
Controls on Semiconductor Manufacturing Items'' published in the 
Federal Register on October 25, 2023 (88 FR 73424).
iii. Limited Deemed Export and Deemed Reexport Exclusion
    For specified items, this rule implements a limited deemed export 
and deemed reexport license requirement exclusion from license 
requirements imposed under the national security and regional stability 
control in Sec.  742.4(a)(5)(i) and Sec.  742.6(a)(10)(i) of the EAR, 
except to foreign persons whose most recent country of citizenship or 
permanent residency is a destination specified in Country Group D:1 or 
D:5. The specified items include ``software'' or ``technology'' ECCNs: 
ECCNs 2D910; 2E910; 3D001 (``software'' for ``EUV'' masks and reticles 
in ECCN 3B001.q); 3D901 (for ``software'' for quantum items in ECCNs 
3A901.b, 3B904 and scanning electron microscopes (SEM) in ECCN 3B903); 
3D907 (``software'' designed to extract ``GDSII'' or equivalent data); 
3E001 (``technology'' for ``EUV'' masks and reticles in ECCN 3B001.q); 
3E901 (for ``technology'' for quantum items in 3A901, 3A904, 3B904, 
3C907, 3C908, and 3C909, and for SEMs in ECCN 3B903); 3E905 
``technology'' according to the General Technology Note for the 
``development'' or ``production'' of integrated circuits or devices, 
using ``Gate all-around Field-Effect Transistor'' (``GAAFET'') 
structures; and ``technology'' for quantum items in ECCNs 4D906 or 
4E906.
iv. Quantum Technology
    U.S. technology leadership is based in part upon the ability of 
U.S. companies to benefit from the expertise of foreign persons. While 
this is true in many technology sectors, access to foreign expertise is 
particularly necessary in quantum computing. Quantum computing research 
and development is substantially a global endeavor, with major 
innovation occurring in academic labs, small companies, large 
companies, and national laboratories distributed throughout the world. 
Key foundational concepts, capabilities, and discoveries from one side 
of the globe are often borrowed, improved, and/or incorporated to 
advance efforts on the other side of the world. In this dynamic 
environment, the entities that can access and incorporate new 
technology developments quickly will have a major advantage over those 
who cannot. In addition, many leading quantum computing companies have 
built deep and enduring relationships with academics from around the 
world to facilitate the influx of technology. At the same time, there 
is a global shortage of quantum computing expertise, with demand 
currently outstripping supply. This has led to a substantial world-wide 
competition to attract the top talent. Academia and industry have 
described the talent bottleneck as one of the largest impediments to 
acceleration.
    The domestic development of quantum information science and 
technology (QIST) experts, including in quantum computing, is 
insufficient to fill the United States' QIST strategic goals. The 
United States will continue to rely on foreign talent to fill critical 
workforce gaps. Currently, much of the QIST talent developed in the 
U.S. are foreign persons. Foreign persons are subject to visa 
requirements as administered by the Department of State. More than half 
of QIST-related degrees conferred in the U.S. are awarded to temporary 
U.S. residents. Additionally, stakeholders report that offshore 
companies are becoming increasingly attractive places to pursue a 
career in quantum computing, driven both by increases in public and 
private investments internationally, but also uncertainty in the 
ability to work in the United States due to immigration policies.
    While the license requirements for deemed exports and deemed 
reexports of quantum technology and software only apply to foreign 
persons whose most recent country of citizenship or permanent residency 
is a destination specified in Country Group D:1 or D:5, this hardship 
would be devastating to the continued progress of future developments 
in the quantum field, which depends on foreign person employees from 
these destinations. Therefore, this rule is implementing a new General 
License (GL) in General Order no 6 paragraph (f)(3) of supplement no. 1 
to part 736 that authorizes deemed exports and deemed reexports of 
quantum technology and software to foreign persons whose most recent 
country of citizenship or permanent residency is a destination 
specified in Country Group D:1 or D:5. This GL authorization will be 
subject to annual reporting requirements in new Sec.  743.8 in this 
rule. Annual reports will allow for visibility to ensure access is 
consistent with U.S. national security and foreign policy interests. 
When access appears inconsistent with U.S. national security and 
foreign policy interests, BIS has the authority to impose a license 
requirement on the foreign national's continued access to the relevant 
technology. Not complying with the reporting requirement or falsifying 
or omitting information required by the reporting requirement would be 
a violation of the EAR.
    BIS is adding Sec.  743.8 to set forth provisions for a report of 
release under the General License in General Order no. 6 in paragraph 
(f)(3) in supplement no. 1 to part 736 of the EAR of quantum 
``software'' or ``technology'' to foreign persons from destinations 
specified in Country Group D:1 or D:5 for the ``development'' or 
``production'' of items controlled by ECCNs 3A901, 3A904, 3B904, 3C907, 
3C908, 3C909, or 4A906. The report must include information typically 
included in a deemed export license application, see guidelines for 
deemed export license applications under the learn and support tab of 
the BIS website at www.bis.gov. The first report is due 60 days after 
the publication of this rule, then it will be required annually 
thereafter. In addition to the annual report, the host entity must 
report to BIS the voluntary or involuntary termination of a foreign 
person's employment at the host entity within 30 days of the 
termination. This approach supports U.S. technology leadership by 
authorizing continued collaboration on quantum technology development 
and production, while providing BIS with the necessary visibility for 
national security oversight.
v. Technology Related to Gate-All-Around Field-Effect Transistor and 
Semiconductor Manufacturing Equipment
    U.S. companies designing and producing semiconductor manufacturing 
equipment as well as integrated circuits with Gate-All-Around Field-
Effect Transistor (GAAFET) technology (ECCN 3E905) face challenges 
regarding the ability to hire and retain foreign persons with 
substantial expertise.

[[Page 72930]]

    To ensure continued technology leadership of U.S. companies and 
prevent disruption of the current semiconductor manufacturing supply 
chain, BIS has added two authorizations in General License to 
supplement no. 1 to part 736 General Order no. 4 for GAAFET exports, 
reexports, and transfers (in-country) to entities currently in 
collaboration with U.S. industry in destinations specified in Country 
Group A:5 or A:6 of the EAR and deemed exports and deemed reexports of 
``technology'' and ``software'' for GAAFET ``technology'' specified in 
ECCN 3E905 to foreign person employees or contractors already employed 
by entities as of [September 6, 2024 whose most recent citizenship or 
permanent residency is a destination specified in Country Group D:1 or 
D:5, including for future advancements or versions of the same 
``technology''. This authorization includes a reporting requirement 
that is added to Sec.  743.7 of the EAR, and the first report is due 60 
days after the publication of this rule on November 5, 2024, thereby 
followed by annual reporting to BIS.
    BIS is adding Sec.  743.7 to set forth provisions for an annual 
report of any export, reexport, or transfer (in-country) of 
``technology'' specified in ECCN 3E905 that is not authorized by an 
individual validated license but is authorized pursuant the GAAFET 
General License in General Order No. 6 in paragraph (f)(1) or (f)(2) in 
supplement no. 1 to part 736 of the EAR. The first report is due 60 
days after the publication of this rule, then it will be required 
annually thereafter.
    BIS and its interagency partners made this assessment to avoid 
undercutting U.S. technology leadership and in recognition that 
software and technology related to semiconductor items is generally 
proprietary information, which companies have a strong incentive to 
protect by utilizing substantial internal controls, including imposing 
limitations on access, vetting employees, and executing non-disclosure 
agreements. This approach supports U.S. technology leadership by 
authorizing continued collaboration on GAAFET technology development 
and production, while providing BIS with the necessary visibility for 
national security oversight. BIS assesses that this approach enables 
continued U.S. technology leadership while providing the U.S. 
government visibility into foreign persons working in this technology.
vi. ECCN 2B910 Additive Manufacturing Equipment
    Lacking comparable information on the remaining technology, BIS is 
implementing deemed export and reexport controls for foreign persons 
for ``technology'' and ``software'' in ECCNs 2D910 and 2E910 for 
additive manufacturing equipment (2B910).
vii. Request for Public Comments Regarding Deemed Exports
    BIS is seeking to understand the potential impacts that a deemed 
export control would have if the General License in General Order no. 6 
in paragraph (f)(3) in supplement no. 1 to part 736 were removed in 
this rule or at a future date. BIS is also seeking public input and 
suggestions on how U.S. national security concerns could be addressed 
in the absence of a quantum technology deemed export licensing 
requirement. BIS encourages consideration of the following list of 
questions when preparing input, but also welcomes any other relevant 
input and suggestions.
    A. Anticipated challenges associated with compliance with deemed-
export restrictions:
    1. Do you already implement deemed export controls for other 
technologies?
    2. Do you have the necessary staff with appropriate training to 
manage deemed export controls for these items? If not, how many 
additional staff would you expect to need to hire?
    3. Approximately how many individuals, including external 
consultants and subject matter experts, would require licenses if 
deemed export controls were implemented? What approximate percentage of 
your total workforce does that constitute and how do you anticipate 
that changing in the future? Are there particular countries from which 
a significant fraction of relevant individuals come? How do you 
anticipate deemed exports altering future hiring practices?
    4. If deemed export controls are implemented, how would that impact 
future siting decisions for R&D and manufacturing?
    5. Are there other anticipated challenges or impacts to 
competitiveness associated with deemed exports on the quantum items not 
covered in the above questions? How would the implementation of deemed 
exports on these items alter R&D activities?
    b. Anticipated aspects of technology development and interactions 
relevant for potential deemed-export restrictions:
    1. For the quantum items, is your development or use of those items 
not related to quantum computers? If so, which items?
    2. For which quantum items are deemed exports potentially relevant 
because you develop or produce those items? For which are deemed 
exports potentially relevant only because you use or operate those 
items?
    3. Are there quantum items you develop or produce as part of basic 
scientific research for which deemed exports would be potentially 
relevant? Is this true for research that is intended for open 
publication, research for which details will be kept restricted or 
proprietary, or both?
    Comments received will be used to contemplate future imposition of 
deemed export requirements.

H. Part 772--Definitions of Terms

    This rule adds a definition for ``GDSII'' or ``Graphic Design 
System II'' to Sec.  772.1 ``Definitions of terms as used in the Export 
Administration Regulations (EAR).'' GDSII is a database file format for 
data exchange of integrated circuit artwork or integrated circuit 
layout artwork. This term is used in ECCNs in Category 3 of the CCL, 
e.g., ECCN 3D907.

I. Specific Changes to the Commerce Control List in Supplement No. 1 to 
Part 774 of the EAR

    Adds the following 18 ECCNs: 2B910, 2D910, 2E903, 2E910, 3A901, 
3A904, 3B903, 3B904, 3C907, 3C908, 3C909, 3D901, 3D907, 3E901, 3E905, 
4A906, 4D906, and 4E906.
    Revises the following 9 ECCNs: 2E003, 3A001, 3B001, 3C001, 3D001, 
3D002, 3E001, 4D001, and 4E001.

2B910 Additive manufacturing equipment, designed to produce metal or 
metal alloy components.

    The current state-of-the-art additive manufacturing (AM) technology 
builds upon more than 30 years of research and development. Today, 
metal AM equipment is used to produce parts and components in military 
devices, such as aircraft, missiles and propulsion systems. Ultimately, 
next-generation metal AM equipment with high levels of precision and 
control will enable significant improvements in part performance 
properties and advanced military capabilities not yet realistically 
achievable with current standard metal AM equipment.
    For these reasons, BIS is adding ECCN 2B910 to the CCL to control 
specified AM equipment designed to produce metal or metal alloy 
components, and ``specially designed'' ``components'' therefor for 
national security, regional stability, and anti-terrorism reasons. A

[[Page 72931]]

license is required to export or reexport AM equipment, designed to 
produce metal or metal alloy components, having all of the specified 
parameters in the List of Items Controlled of ECCN 2B910, and 
``specially designed'' ``components'' therefor to all destinations as 
specified pursuant to the national security controls and reviewed under 
the licensing policy set forth in Sec.  742.4(a)(5) and (b)(10) of the 
EAR, and regional stability controls and reviewed under the licensing 
policy set forth in Sec.  742.6(a)(10) and (b)(11) of the EAR, and 
Anti-terrorism (AT) column 1 of the Commerce Country Chart in 
supplement no. 1 to part 738 of the EAR.

2D910 ``Software'', not specified elsewhere, ``specially designed'' or 
modified for the ``development'' or ``production'' of equipment 
specified in ECCN 2B910.

    BIS is adding ECCN 2D910 to the CCL to control ``software'', not 
specified elsewhere, ``specially designed'' or modified for the 
``development,'' ``production,'' operation, or maintenance of equipment 
specified in ECCN 2B910.
    A license is required to export or reexport ECCN 2D910 ``software'' 
to all destinations as specified pursuant to the national security 
controls and license review policy set forth in Sec.  742.4(a)(5) and 
(b)(10) of the EAR, regional stability controls and license review 
policy set forth in Sec.  742.6(a)(10) and (b)(11) of the EAR, and 
Anti-terrorism (AT) column 1 of the Commerce Country Chart in 
supplement no. 1 to part 738 of the EAR.

2E003 Other ``technology''.

    ECCN 2E003 is amended by adding a Related Control note to reference 
ECCN 2E903 for ``technology'', not specified elsewhere, for the 
``development'' or ``production'' of coating systems (as defined in 
2E903).

2E903 ``Technology'', not specified elsewhere, for the ``development'' 
or ``production'' of `coating systems'.

    While current gas turbine engines that propel aircraft and generate 
electricity are highly efficient, there is always demand for even 
higher performance, better fuel efficiency, and lower air polluting 
emissions. Ceramic matrix composites (CMCs) are used in gas turbine 
engines, aircraft and missile structures, radomes and hypersonics. CMCs 
have two main benefits over nickel alloys: higher temperature 
capability and lower density.
    For these reasons, BIS is adding ECCN 2E903 to the CCL to control 
``technology'', not specified elsewhere, for the ``development'' or 
``production'' of `coating systems.' This addition also includes a 
technical note to explain that `coating systems' consist of one or more 
layers (e.g., bond, interlayer, top coat) of material deposited on the 
substrate. These coatings are designed to protect substrates made from 
CMC materials from water vapor or corrosive gases generated during 
combustion reactions. This corrosiveness results in rapid surface 
recession, which erodes structural integrity and mechanical strength.
    A license is required to export or reexport ECCN 2E903 
``technology'', not specified elsewhere, for the ``development'' or 
``production'' of `coating systems' to all destinations as specified 
pursuant to the national security controls and license review policy 
set forth in Sec.  742.4(a)(5) and (b)(10) of the EAR, and regional 
stability controls and license review policy set forth in Sec.  
742.6(a)(10) and (b)(11) of the EAR, and Anti-terrorism (AT) column 1 
of the Commerce Country Chart in supplement no. 1 to part 738 of the 
EAR.

2E910 ``Technology'', not specified elsewhere, ``specially designed'' 
or modified for the ``development'' or ``production'' of equipment 
specified in ECCN 2B910.

    BIS is adding ECCN 2E910 to the CCL to control ``technology'', not 
specified elsewhere, ``specially designed'' or modified for the 
``development'' or ``production'' of equipment specified in ECCN 2B910.
    A license is required to export or reexport ECCN 2E910 
``technology'' to all destinations as specified pursuant to the 
national security controls and license review policy set forth in Sec.  
742.4(a)(5) and (b)(10) of the EAR, and regional stability controls and 
license review policy set forth in Sec.  742.6(a)(10) and (b)(11) of 
the EAR, and Anti-terrorism (AT) column 1 of the Commerce Country Chart 
in supplement no. 1 to part 738 of the EAR.

Category 3, Product Group A: Notes.

    This rule revises Note 1 by moving the list of 3A001 paragraphs 
into a parenthetical that is now located after 3A001. This rule adds 
3A001.z within the parenthetical, which means that if an item specified 
in 3A001.z is ``specially designed'' for or has the same functional 
characteristics as other equipment, that it will still be classified 
and treated as an item specified in 3A001.z instead of as that 
equipment. This rule also adds ECCN 3A901 to Note 1, which means that 
if a 3A901 electronic item, such as a cryogenic CMOS or cryo-CMOS chip 
or a parametric signal amplifier were ``specially designed'' or had the 
same function as other equipment, then it would be classified and 
treated as that other equipment.
    BIS is adding 3A001.z and 3A901 to Note 2, which means that if 
these integrated circuits ``are unalterably programmed or designed for 
a specific function for other equipment'' then it would be classified 
and treated as the other equipment.
    BIS is also adding 3A001.z and 3A901 to the Nota Bene (N.B.), which 
means that ``When the manufacturer or applicant cannot determine the 
control status [classification] of the other equipment'' then the ICs 
would be classified as 3A001.z or 3A901, respectively.

3A001 Electronic items.

    BIS adds a nota bene (N.B.) before 3A001.a.3 that states, ``For 
cryogenic Complementary Metal Oxide Semiconductor (CMOS) integrated 
circuits not specified by 3A001.a.2, see 3A901.a.'' The same note is 
added to the Related Controls notes.
    Paragraph 3A001.a.9 neural network integrated circuits is removed 
and reserved, because of the addition of ECCN 3A090, which controls 
integrated circuits that may be used for machine learning of artificial 
intelligence systems, to the CCL.
    BIS adds a nota bene (N.B.) after 3A001.b that states, ``For 
parametric signal amplifiers or Quantum-limited amplifiers (QLAs) not 
specified by 3A001.b, see ECCN 3A901.b.'' The same note is added to the 
Related Controls notes.

3A901 Electronic items not specified by 3A001.

    Quantum processors based on superconducting arrays must operate at 
extremely low temperatures (typically 20 mK or below), and other 
quantum computing implementations require cooling below 200 mK. To 
allow conventional complimentary metal-oxide semiconductor (CMOS) 
memory and logic circuits to operate, and to avoid them heating the 
cryogenically cooled components, the controls are placed some distance 
away from the cryogenic features and are linked by multiple cables. The 
amount of cabling required for all the qubits presents a significant 
barrier to scaling up quantum bit (qubit) capacity as well as causing 
high processing latencies.
    As larger quantum computers with more qubits are developed, the 
control circuitry must be moved inside the cryostat to reduce these 
latencies. Currently, conventional CMOS devices have a general lower 
temperature limit

[[Page 72932]]

of -40 [deg]C (233K). CMOS designs are currently being developed that 
are suitable for operating around 4K temperatures or below for the 
purposes of quantum computing.
    For these reasons, BIS adds 3A901.a to the CCL to control CMOS 
integrated circuits, not specified by 3A001.a.2, designed to operate at 
an ambient temperature equal to or less (better) than 4.5 K (-268.65 
[deg]C). A technical note accompanies this addition stating that ``CMOS 
integrated circuits are also referred to as cryogenic CMOS or cryo-CMOS 
integrated circuits.''
    A critical function in quantum computing projects is the ability to 
read out very weak signals. To perform that function, the qubit and 
signal amplifiers need to be cooled down to a very low temperature to 
suppress the noise. For this reason, BIS adds 3A901.b to the CCL to 
control parametric signal amplifiers that operate at very low 
temperatures, at specified frequencies, and a noise figure parameter. A 
note and a technical note are also added stating, ``parametric signal 
amplifiers include Travelling Wave Parametric Amplifiers (TWPAs)'' and 
``parametric signal amplifiers may also be referred to as Quantum-
limited amplifiers (QLAs).''
    CMOS integrated circuits specified in 3A901.a and parametric signal 
amplifiers specified in 3A901.b require a license to all destinations 
as specified pursuant to the national security controls and license 
review policy set forth in Sec.  742.4(a)(5) and (b)(10) of the EAR, 
and regional stability controls and license review policy set forth in 
Sec.  742.6(a)(10) and (b)(11) of the EAR, and Anti-terrorism (AT) 
column 1 of the Commerce Country Chart in supplement no. 1 to part 738 
of the EAR.

3A904 Cryogenic cooling systems and components.

    The cooling power limit for complete cryogenic systems is the focus 
of this control and is based on the currently commercially available 
cooling systems. The systems with the smallest cooling power tend to be 
used for basic research, whereas development of larger quantum 
computers is typically done using systems with the highest cooling 
power. However, this distinction is not clear-cut. This control focuses 
on items that are relevant for research on quantum systems with a 
larger quantity of physical qubits. This type of cryogenic cooling 
system warrants national security, regional stability, and anti-
terrorism controls.
    For these reasons, BIS is adding ECCN 3A904 to the CCL to control 
cryogenic cooling systems and specified components. ECCN 3A904 controls 
``systems rated to provide a cooling power greater than or equal to 600 
[micro]W at or below a temperature of 0.1 K (-273.05 [deg]C) for a 
period of greater than 48 hours,'' as well as specified two-stage pulse 
tube cryocoolers.
    Items specified in ECCN 3A904 are controlled for NS and RS to all 
destinations as specified pursuant to the national security controls 
and license review policy set forth in Sec.  742.4(a)(5) and (b)(10) of 
the EAR, and regional stability controls and license review policy set 
forth in Sec.  742.6(a)(10) and (b)(11) of the EAR, and Anti-terrorism 
(AT) column 1 of the Commerce Country Chart in supplement no. 1 to part 
738 of the EAR.

3B001 Equipment for the manufacturing of semiconductor devices, 
materials, or related equipment, as specified and ``specially 
designed'' ``components'' and ``accessories'' therefor.

    GAAFETs and similar 3D structures with different brand names 
require lateral etching with high selectivity. Isotropic dry etching is 
required for lateral etching.
    Anisotropic dry plasma etching can only etch vertically. Atomic 
layer etching, enhanced by the features described in 3B001.c.1.a and 
c.1.c, produces the vertical edges required in high-quality, leading-
edge advanced devices and structures, including GAAFET and similar 3D 
structures. These tools precisely remove monolayers without damaging 
other layers.
    Anisotropic dry etching is critical for GAAFET and similar 3D 
structure fabrication. It is also an important tool for Fin-shaped 
Field Effect Transistor (FinFET) fabrication. As taller and straighter 
fins are required for scaling, anisotropic dry etching is used by 
FinFET manufacturers to uniformly scale the critical dimension of the 
Fin, improving its profile and thus enhancing its performance. 
Anisotropic dry etching is also used for self-aligned contact and 
minimum pitch via etching. Polysilicon dummy gate patterning, and its 
removal in a Replacement Metal Gate (RMG) process for FinFETs and 
GAAFET, are also enabled by anisotropic etching. Highly selective 
isotropic/anisotropic etching is routinely used in multi-patterning 
applications such as hard-mask.
    Masks and reticles are each made from complex multiple layer mask 
blanks. They have to be designed for ``extreme ultraviolet'' (``EUV'') 
lithography. As masks and reticles are critical components for EUV 
lithography, BIS is adding 3B001.q to control ``EUV'' masks and ``EUV'' 
reticles designed for integrated circuits, not specified by 3B001.g, 
and having a mask ``substrate blank'' specified by 3B001.j.'' A 
technical note is added to clarify that masks or reticles with a 
mounted pellicle are considered masks and reticles.
    For the reasons stated above, BIS is adding worldwide NS and RS 
license requirements to the license requirement table for 3B001.c.1.a 
isotropic dry etching equipment, c.1.c anisotropic dry etching 
equipment and 3B001.q (``EUV'' masks and ``EUV'' reticles designed for 
integrated circuits, not specified by 3B001.g, and having a mask 
``substrate blank'' specified by 3B001.j). Items specified in ECCN 
3B001.c.1.a, 3B001.c.1.c, and 3B001.q are newly controlled for NS and 
RS to all destinations as specified pursuant to the national security 
controls and license review policy set forth in Sec.  742.4(a)(5) and 
(b)(10) of the EAR, and regional stability controls and license review 
policy set forth in Sec.  742.6(a)(10) and (b)(11) of the EAR, and have 
an existing control for Anti-terrorism (AT) column 1 of the Commerce 
Country Chart in supplement no. 1 to part 738 of the EAR.
    BIS is removing License Exception GBS eligibility for 3B001.c.1.a 
(Equipment designed or modified for isotropic dry etching), 3B001.c.1.c 
(Equipment designed or modified for anisotropic dry etching), and 
3B001.q (``EUV'' masks and ``EUV'' reticles designed for integrated 
circuits, not specified by 3B001.g, and having a mask ``substrate 
blank'' specified by 3B001.j). BIS is adding License Exception IEC to 
the List-based License Exceptions section of 3B001.
    BIS adds a reference to ECCN 3B903 in the Related Controls 
paragraph of the List of Items Controlled section.

3B903 Scanning Electron Microscope (SEM) equipment designed for imaging 
semiconductor devices or integrated circuits.

    This rule adds ECCN 3B903 to control Scanning Electron Microscopes 
(SEM) designed for imaging of semiconductor devices or integrated 
circuits for national security, regional stability, and anti-terrorism 
reasons. A specialized SEM can be used to reverse engineer integrated 
circuits and perform chip design recovery and for this reason warrants 
national security controls to protect innovation in integrated circuit 
development of the United States and other supplier countries.
    Therefore, BIS is adding ECCN 3B903 to the CCL to control SEM 
designed for imaging of semiconductor devices or

[[Page 72933]]

integrated circuits. Items specified in ECCN 3B903 are controlled for 
NS and RS to all destinations as specified pursuant to the national 
security controls and license review policy set forth in Sec.  
742.4(a)(5) and (b)(10) of the EAR, and regional stability controls and 
license review policy set forth in Sec.  742.6(a)(10) and (b)(11) of 
the EAR, and Anti-terrorism (AT) column 1 of the Commerce Country Chart 
in supplement no. 1 to part 738 of the EAR.

3B904 Cryogenic wafer probing equipment.

    Cryogenic wafer probers are targeted to scaling up quantum 
computing based on solid-state qubits, among other types of qubits. 
Development of cryogenic quantum devices, electronics, and detectors 
can benefit from better device characterization offered by a cryogenic 
wafer prober. Certain cryogenic wafer probers will speed up the testing 
and characterization (collection of high-volume data) from qubit 
devices under test. This offers a distinct advantage during development 
which has traditionally taken much more time for low temperature 
testing. For this reason, BIS believes this equipment warrants export 
controls for national security, regional stability, and anti-terrorism 
reasons.
    Therefore, BIS is adding ECCN 3B904 to the CCL to control specified 
cryogenic wafer probing equipment. Items specified in ECCN 3B904 are 
controlled for NS and RS to all destinations as specified pursuant to 
the national security controls and license review policy set forth in 
Sec.  742.4(a)(5) and (b)(10) of the EAR, and regional stability 
controls and license review policy set forth in Sec.  742.6(a)(10) and 
(b)(11) of the EAR, and Anti-terrorism (AT) column 1 of the Commerce 
Country Chart in supplement no. 1 to part 738 of the EAR.

3C001 Hetero-epitaxial materials consisting of a ``substrate'' having 
stacked epitaxially grown multiple layers.

    ECCN 3C001 is revised by adding a new Related Control note 
paragraph 2 to reference ECCNS 3C907, 3C908, and 3C909. In addition, a 
new nota bene (N.B.) is added after paragraph 3C001.f to reference ECCN 
3C907.

3C907 Epitaxial materials consisting of a ``substrate'' having at least 
one epitaxially grown layer and containing other specified materials.
3C908 Fluorides, hydrides, chlorides, of silicon or germanium, 
containing other specified materials.
3C909 Silicon, silicon oxides, germanium or germanium oxides, 
containing any other specified materials.

    Semiconducting qubits consisting of certain silicon (Si) or 
germanium (Ge) isotopes, which have no nuclear spin, or mixture 
thereof, are one of the key technologies to develop spin-based quantum 
computers. Therefore, this rule adds three ECCNs for controlling these 
materials: 3C907, 3C908, and 3C909. ECCN 3C907 controls ``Epitaxial 
materials consisting of a ``substrate'' having at least one epitaxially 
grown layer'' of silicon or germanium containing a specified percentage 
of silicon or germanium isotopes. ECCN 3C908 controls ``Fluorides, 
hydrides, chlorides, of silicon or germanium'' containing a specified 
percentage of silicon or germanium isotopes. ECCN 3C909 controls 
``Silicon, silicon oxides, germanium or germanium oxides'' containing a 
specified percentage of silicon or germanium isotopes. Isotopic 
enriched Si and Ge are exported with certificates which indicate 
isotopic distribution or combination, regardless of their chemical 
forms, by commercial practice. Those documents would facilitate 
examination of whether isotopic purity of the exported item is below or 
above the control threshold.
    Therefore, BIS is adding ECCNs 3C907, 3C908, and 3C909 to the CCL 
because semiconducting qubits consisting of certain silicon (Si) or 
germanium (Ge) isotopes, which have no nuclear spin, or a mixture 
thereof are key materials needed to develop spin-based quantum 
computers. Materials specified in ECCNs 3C907, 3C908, and 3C909 are 
controlled for NS and RS to all destinations as specified pursuant to 
the national security controls and license review policy set forth in 
Sec.  742.4(a)(5) and (b)(10) of the EAR, and regional stability 
controls and license review policy set forth in Sec.  742.6(a)(10) and 
(b)(11) of the EAR, and Anti-terrorism (AT) column 1 of the Commerce 
Country Chart in supplement no. 1 to part 738 of the EAR.

3D001 ``Software''.

    ECCN 3D001 is amended by revising the heading to add ECCN 3B903 and 
3B904 to the exception parenthetical for 3B. In addition, BIS is adding 
to the license requirement table two new rows for NS and RS worldwide 
controls for ``software'' ``specially designed'' for the 
``development'' or ``production'' of commodities controlled by 
3B001.c.1.a, 3B001.c.1.c, and 3B001.q. Such ``software'' controlled by 
commodities in ECCN 3B001.c.1.a, 3B001.c.1.c, or 3B001.q are controlled 
for NS and RS to all destinations as specified pursuant to the national 
security controls and license review policy set forth in Sec.  
742.4(a)(5) and (b)(10) of the EAR, and regional stability controls and 
license review policy set forth in Sec.  742.6(a)(10) and (b)(11) of 
the EAR, and Anti-terrorism (AT) column 1 of the Commerce Country Chart 
in supplement no. 1 to part 738 of the EAR.
    BIS is also adding an STA restriction for ``software'' ``specially 
designed'' for the ``development'' or ``production'' of equipment 
specified by 3B001.c.1.a, 3B001.c.1.c, or 3B001.q to any of the 
destinations listed in Country Group A:5.

3D002 ``Software'' ``specially designed'' for the ``use'' of equipment 
controlled by 3B001.a to .f and .j to .p, or 3B002.

    BIS is adding to the license requirement table two new rows for NS 
and RS worldwide controls for ``software'' ``specially designed'' for 
``use'' of equipment controlled by 3B001.c.1.a and c.1.c. Such 
``software'' is controlled for NS and RS to all destinations as 
specified pursuant to the national security controls and license review 
policy set forth in Sec.  742.4(a)(5) and (b)(10) of the EAR, and 
regional stability controls and license review policy set forth in 
Sec.  742.6(a)(10) and (b)(11) of the EAR, and Anti-terrorism (AT) 
column 1 of the Commerce Country Chart in supplement no. 1 to part 738 
of the EAR.
    BIS is also adding an STA restriction for ``software'' ``specially 
designed'' for the ``development'' or ``production'' of equipment 
specified by 3B001.c.1.a or c.1.c to any of the destinations listed in 
Country Group A:5.

3D901 ``Software'', not specified elsewhere, ``specially designed'' or 
modified for the ``development,'' ``production,'' of items controlled 
in ECCN 3A901.b, 3B903, or 3B904.

    BIS is adding ECCN 3D901 to control ``software'' not specified 
elsewhere, ``specially designed'' or modified for the ``development,'' 
``production,'' operation, or maintenance of items controlled in ECCNs 
3A901.b, 3B903, or 3B904.
    ``Software'' specified in ECCN 3D901 is controlled for NS and RS 
reasons to all destinations as specified pursuant to the national 
security controls and license review policy set forth in Sec.  
742.4(a)(5) and (b)(10) of the EAR, and regional stability controls and 
license review policy set forth in Sec.  742.6(a)(10) and (b)(11) of 
the EAR, and Anti-terrorism (AT) column 1 of the Commerce Country Chart 
in supplement no. 1 to part 738 of the EAR.

3D907 ``Software'' designed to extract ``GDSII'' or equivalent standard

[[Page 72934]]

layout data and perform layer-to-layer alignment from SEM images, and 
generate multi-layer ``GDSII'' data or the circuit netlist.

    BIS is adding ECCN 3D907 to control ``software'' designed to 
extract ``Graphic Design System II'' (``GDSII'') or equivalent standard 
layout data and perform layer-to-layer alignment from SEM images, as 
well as having the ability to generate multi-layer ``GDSII'' data or 
the circuit netlist. ``GDSII'' is an industry standard binary file 
format representing wire paths, boundaries, structures, arrays, text 
labels and other information about the layout of an integrated circuit 
in hierarchical form for Electronic Design Automation (EDA) data 
exchange of integrated circuit or IC layout artwork. This type of 
software aids in the reverse engineering of integrated circuits and 
warrants national security controls to protect the innovation of 
integrated circuits by the U.S. and other supplier countries. An 
example of an equivalent standard to ``GDSII'' would be Open Artwork 
System Interchange Standard (OASIS).
    Therefore, BIS is adding ECCN 3D907 to the CCL to control 
``software'' designed to extract ``GDSII'' or equivalent standard 
layout data and perform layer-to-layer alignment from SEM images, as 
well as having the ability to generate multi-layer ``GDSII'' data or 
the circuit netlist. BIS is also adding to the Related Controls 
paragraph, ``An example of an equivalent standard to ``GDSII'' would be 
Open Artwork System Interchange Standard (OASIS).'' ``Software'' 
specified in ECCN 3D907 is controlled for NS and RS reasons to all 
destinations as specified pursuant to the national security controls 
and license review policy set forth in Sec.  742.4(a)(5) and (b)(10) of 
the EAR, and regional stability controls and license review policy set 
forth in Sec.  742.6(a)(10) and (b)(11) of the EAR, and Anti-terrorism 
(AT) column 1 of the Commerce Country Chart in supplement no. 1 to part 
738 of the EAR.

3E001 ``Technology'' according to the General Technology Note for the 
``development'' or ``production'' of commodities controlled by 3A 
(except 3A901, 3A904, 3A980, 3A981, 3A991, 3A992, or 3A999), 3B (except 
3B903, 3B904, 3B991 or 3B992) or 3C (except 3C907, 3C908, 3C909, or 
3C992).

    The heading of 3E001 is amended by adding to the exception 
parentheticals ECCNs 3A901, 3A904, 3B903, 3B904, 3C907, 3C908, and 
3C909.
    In addition, BIS is adding to the license requirement table two new 
rows for NS and RS worldwide controls for ``technology'' for equipment 
controlled by 3B001.c.1.a, 3B001.c.1.c, and 3B001.q. ``Technology'' for 
equipment controlled by ECCN 3B001.c.1.a, 3B001.c.1.c, or 3B001.q is 
controlled for NS and RS to all destinations as specified pursuant to 
the national security controls and license review policy set forth in 
Sec.  742.4(a)(5) and (b)(10) of the EAR, and regional stability 
controls and license review policy set forth in Sec.  742.6(a)(10) and 
(b)(11) of the EAR, and Anti-terrorism (AT) column 1 of the Commerce 
Country Chart in supplement no. 1 to part 738 of the EAR.
    ECCN 3E001 is amended by removing Note 3 and the Technical Note 
that follows it related to Process Design Kits (PDKs). In addition, 
this rule adds a Note 1 to Category 3, Product Group E to inform the 
exporting community that the controls in ECCN 3E001 and new ECCN 3E905 
do not apply to PDKs unless they include libraries implementing 
functions or technologies for items specified by 3A001. The Technical 
Note that defined `PDK' that was formerly in ECCN 3E001 is moved to 
Cat. 3 Product Group E.

3E901 ``Technology'' according to the General Technology Note for the 
``development'' or ``production'' of items controlled by 3A901, 3A904, 
3B903, 3B904, 3C907, 3C908, or 3C909.

    BIS is adding ECCN 3E901 to control ``technology'' for items 
controlled by 3A901, 3A904, 3B903, 3B904, 3C907, 3C908, or 3C909.
    ``Technology'' specified in ECCN 3E901 is controlled for NS and RS 
reasons to all destinations as specified pursuant to the national 
security controls and license review policy set forth in Sec.  
742.4(a)(5) and (b)(10) of the EAR, and regional stability controls and 
license review policy set forth in Sec.  742.6(a)(10) and (b)(11) of 
the EAR, and Anti-terrorism (AT) column 1 of the Commerce Country Chart 
in supplement no. 1 to part 738 of the EAR.

3E905 ``Technology'' according to the General Technology Note for the 
``development'' or ``production'' of integrated circuits or devices, 
using ``Gate all-around Field-Effect Transistor (``GAAFET'') 
structures.

    BIS adds ECCN 3E905 to the CCL to control ``technology'' according 
to the General Technology Note for the ``development'' or 
``production'' of integrated circuits or devices, using GAAFET 
structures. Integrated circuits produced with GAAFET technology are 
more efficient and capable than those produced with earlier 
architectures. It is expected that the scaled and dense microchips 
produced with GAAFET technology will also be more tolerant to the 
effects of radiation. The greater efficiency and lower power 
consumption of GAAFET-produced chips enable faster and more robust 
artificial intelligence and other military and commercial applications.
    ECCN 3E905 focuses on the ``technology'' (``required'') for the 
``development'' and ``production'' of GAAFET structures, while existing 
technology controls in ECCNs 3E001 and 3E002 focus on integrated 
circuits and devices regardless of the transistor structure used, i.e., 
the transistor structure is not a ``required'' element of the 3E001 or 
3E002 controls. The items paragraph includes a note that states that 
``3E905 includes `process recipes','' which are defined in a technical 
note as ``a set of conditions and parameters for a particular process 
step.'' BIS is adding a note to the Related Control paragraph to assist 
industry in applying the controls of this ECCN. The text in Related 
Control Note 1 reads, ``ECCN 3E905 applies to process ``technology'' 
exclusively for the ``development'' or ``production'' of GAAFET 
structures of integrated circuits at a semiconductor wafer production 
facility. ECCN 3E905 does not, for example, control an integrated 
circuit design such as the physical layout file in GDSII format or EDA 
tools, or any other technology used to produce the physical layout file 
for integrated circuit design.'' For these reasons, BIS does not 
believe there is an overlap of controls between ECCN 3E905 and 3E001 or 
3E002. Industry is invited to submit comments on the clarity of the 
control text of this ECCN, as well as the clarification statement BIS 
input in the Related Control paragraph.
    Because ECCN 3E905 was never intended to control GAAFET 
architecture for 3D NAND, i.e., vertical GAAFET architecture, note 2 is 
added to the Related Controls paragraph to state: ``2. ECCN 3E905 does 
not apply to vertical GAAFET architectures, e.g., those used for 3D 
NAND.''
    A license is required to export, reexport, or transfer (in-country) 
``technology'' specified in ECCN 3E905 to all destinations as specified 
pursuant to the national security controls and license review policy 
set forth in Sec.  742.4(a)(5) and (b)(10) of the EAR, and regional 
stability controls and license review policy set forth in Sec.  
742.6(a)(10) and (b)(11) of the EAR, and Anti-terrorism (AT) column 1 
of the Commerce Country Chart in supplement no. 1 to part 738 of the 
EAR.


[[Page 72935]]


4A906 Quantum computers and related ``electronic assemblies'' and 
``components'' therefor.

    The addition of controls in ECCN 4A906 relies on two main criteria: 
first, the number of physical qubits that are connected and fully 
controllable, and second, the average error rate of the Controlled NOT 
(C-NOT) gate. The first is a measure of engineering advances in 
component design and system integration that will enable scaling of 
quantum computers to very large systems. To reach a scale in the 
hundreds to thousands of qubits requires many advances in the design, 
manufacturing, and integration of the main components of the system 
such as the qubit processor, readout, qubit control, etc. The second 
criterion is a measure of the quality of the qubits. The combination of 
both metrics is more indicative of technological advances in the 
development of quantum computers of concern than either criterion on 
its own. For example, very advanced systems that have extremely good 
quality qubits and gates, but a relatively small qubit count, could be 
more scalable than systems with a higher qubit count but lower quality 
qubits and gates and are captured by the thresholds for the C-NOT gate 
error rates. However, this second metric still depends on the number of 
qubits. Systems with a higher number of qubits can tolerate higher 
error rates but still support error rate mitigation or error correction 
techniques. The physical error rate needed to support these operations 
increases (i.e., can tolerate higher error rates) with increased qubit 
count and plateaus around 2,000 qubits at an error rate at 
10-2.
    BIS has determined that a near-term generation of quantum computers 
will support 34 or more `fully controlled', `connected' and `working' 
`physical qubits' at the specified error rates, and that this number of 
qubits and error rate represents a high level of technological 
sophistication warranting national security, regional stability, and 
anti-terrorism controls.
    For these reasons, BIS adds ECCN 4A906 to the CCL to control 
quantum computers and related ``electronic assemblies'' and 
``components'' therefor. Paragraph 4A906.a controls specified quantum 
computers. Paragraph 4A906.b controls qubit devices and qubit circuits, 
containing or supporting arrays of `physical qubits', and ``specially 
designed'' for items specified by 4A906.a. Paragraph 4A906.c controls 
quantum control components and quantum measurement devices, ``specially 
designed'' for items specified by 4A906.a. ECCN 4A906 includes several 
notes that should assist the public in determining the application of 
these controls. The technical notes to ECCN 4A906 include definitions 
for terms such as `physical qubit,' `fully controlled,' `connected,' 
`working,' `C-NOT error,' as well as an explanation of the phrase `` 
`fully controlled', `connected', `working' `physical qubits'.''
    Items specified in ECCN 4A906 are controlled for national security 
reasons to all destinations as specified pursuant to the national 
security controls and license review policy set forth in Sec.  
742.4(a)(5) and (b)(10) of the EAR, and regional stability controls and 
license review policy set forth in Sec.  742.6(a)(10) and (b)(11) of 
the EAR, and Anti-terrorism (AT) column 1 of the Commerce Country Chart 
in supplement no. 1 to part 738 of the EAR.

4D001 ``Software''.

    Paragraph 4D001.a is revised by adding ECCN 4A906 to the exception 
parenthetical for 4D.

4D906 ``Software'' ``specially designed'' or modified for the 
``development'' or ``production'', of commodities controlled by 4A906.b 
or 4A906.c.

    BIS is adding ECCN 4D906 to the CCL to control ``software'' 
``specially designed'' or modified for the ``development'' or 
``production'' of commodities controlled by 4A906.b or 4A906.c.
    ``Software'' specified in ECCN 4D906 is controlled for national 
security reasons to all destinations as specified pursuant to the 
national security controls and license review policy set forth in Sec.  
742.4(a)(5) and (b)(10) of the EAR, and regional stability controls and 
license review policy set forth in Sec.  742.6(a)(10) and (b)(11) of 
the EAR, and Anti-terrorism (AT) column 1 of the Commerce Country Chart 
in supplement no. 1 to part 738 of the EAR.

4E001 ``Technology''.

    Paragraph 4E001.a is amended by adding 4A906 and 4D906 to the 
exception parentheticals of 4A and 4D, respectively.

4E906 ``Technology'' according to the General Technology Note.

    BIS adds ECCN 4E906 to the CCL to control in 4E906.a ``technology'' 
for the ``development'' or ``production'' of items controlled by 
4A906.b, 4A906.c, or 4D906; and to control in 4E906.b ``technology'' 
for the ``use'' of ``software'' controlled by 4D906.
    ``Technology'' specified in ECCN 4E906 is controlled for national 
security reasons to all destinations as specified pursuant to the 
national security controls and license review policy set forth in Sec.  
742.4(a)(5) and (b)(10) of the EAR, and regional stability controls and 
license review policy set forth in Sec.  742.6(a)(10) and (b)(11) of 
the EAR, and Anti-terrorism (AT) column 1 of the Commerce Country Chart 
in supplement no. 1 to part 738 of the EAR.

Export Control Reform Act of 2018

    On August 13, 2018, the President signed into law the John S. 
McCain National Defense Authorization Act for Fiscal Year 2019, which 
included ECRA (codified, as amended, at 50 U.S.C. 4801-4852). ECRA 
provides the legal basis for BIS's principal authorities and serves as 
the authority under which BIS issues this rule.

Rulemaking Requirements

    1. Executive Orders 12866, 13563, and 14094 direct agencies to 
assess all costs and benefits of available regulatory alternatives and, 
if regulation is necessary, to select regulatory approaches that 
maximize net benefits (including potential economic, environmental, 
public health and safety effects and distributive impacts and equity). 
Executive Order 13563 emphasizes the importance of quantifying both 
costs and benefits and of reducing costs, harmonizing rules, and 
promoting flexibility.
    This interim final rule has been designated a ``significant 
regulatory action'' under section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094.
    2. Notwithstanding any other provision of law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.) (PRA), unless that collection of information displays a currently 
valid Office of Management and Budget (OMB) Control Number. Although 
this rule makes important changes to the EAR for items controlled for 
national security reasons, BIS believes that the overall increases in 
burdens and costs associated with the following information collections 
due to this rule are estimated to increase the number of submissions by 
800 which is not expected to exceed the current approved estimates.
     0694-0088 ``Simplified Network Application Processing 
System,'' which carries a burden-hour estimate of 29.6 minutes for a 
manual or electronic submission;
     0694-0137 ``License Exceptions and Exclusions,'' which 
carries a burden-

[[Page 72936]]

hour estimate average of 1.5 hours per submission (Note: submissions 
for License Exceptions are rarely required);
     0694-0096 ``Five Year Records Retention Period,'' which 
carries a burden-hour estimate of less than 1 minute; and
     0607-0152 ``Automated Export System (AES) Program,'' which 
carries a burden-hour estimate of 3 minutes per electronic submission.
    Additional information regarding these collections of information--
including all background materials--can be found at https://www.reginfo.gov/public/do/PRAMain and using the search function to 
enter either the title of the collection or the OMB Control Number.
    3. This rule does not contain policies with federalism implications 
as that term is defined in Executive Order 13132.
    4. Pursuant to section 1762 of ECRA (50 U.S.C. 4821), this action 
is exempt from the Administrative Procedure Act (APA) (5 U.S.C. 553) 
requirements for notice of proposed rulemaking, opportunity for public 
participation and delay in effective date.
    5. Because a notice of proposed rulemaking and an opportunity for 
public comment are not required to be given for this rule by 5 U.S.C. 
553, or by any other law, the analytical requirements of the Regulatory 
Flexibility Act, 5 U.S.C. 601, et seq., are not applicable. 
Accordingly, no regulatory flexibility analysis is required, and none 
has been prepared.

List of Subjects

15 CFR Part 736 and 772

    Exports

15 CFR Part 738

    Administrative practice and procedure, Exports, Reporting and 
recordkeeping requirements.

15 CFR Part 740

    Administrative practice and procedure, Exports, Incorporation by 
reference, Reporting and recordkeeping.

15 CFR Part 742.

    Exports, Terrorism

15 CFR Part 743

    Administrative practice and procedure, Exports, Reporting and 
recordkeeping.

15 CFR Part 774

    Exports, Reporting and recordkeeping requirements.

    Accordingly, parts 736, 738, 740, 742, 743, 772, and 774 of the 
Export Administration Regulations (15 CFR parts 730 through 774) are 
amended as follows:

PART 736--GENERAL PROHIBITIONS

0
1. The authority citation for part 736 continues to read as follows:

    Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50 
U.S.C. 1701 et seq.; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 
950; E.O. 13020, 61 FR 54079, 3 CFR, 1996 Comp., p. 219; E.O. 13026, 
61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 
CFR, 2001 Comp., p. 783; E.O. 13338, 69 FR 26751, 3 CFR, 2004 Comp., 
p. 168; Notice of November 8, 2022, 87 FR 68015, 3 CFR, 2022 Comp., 
p. 563; Notice of May 8, 2023, 88 FR 30211 (May 10, 2023).


0
2. Supplement No. 1 is amended by adding paragraph (f) to read as 
follows:

Supplement No. 1 to Part 736--General Orders

* * * * *
    (f) General Order No. 6. General Order No. 6 of September 6, 
2024.
    (1) GAAFET exports, reexports, and transfers (in-country). This 
General License (GL) authorizes the export, reexport, or transfer 
(in-country) of GAAFET ``technology'' specified in ECCN 3E905 for 
the ``development'' or ``production'' of integrated circuits to end 
users located in a destination specified in Country Group A:5 or A:6 
of supplement no. 1 to part 740 of the EAR when that ``development'' 
or ``production'' began to be performed on or prior to September 6, 
2024.
    (2) GAAFET grandfather clause for deemed exports and deemed 
reexports. This GL authorizes deemed exports or deemed reexports of 
GAAFET ``technology'' specified in ECCN 3E905 (including for future 
advancements or versions of the same ``technology'') to foreign 
person employees or contractors already employed by entities as of 
September 6, 2024 whose most recent country of citizenship or 
permanent residency is a destination specified in Country Group D:1 
or D:5, and who are not prohibited persons under part 744 of the 
EAR, e.g., not listed on the Entity List (supplement no. 4 to part 
744), Unverified List (supplement no. 6 to part 744), Military End-
User List (supplement no. 7 to part 744), or listed on the Denied 
Persons List (https://www.bis.gov). BIS notes that for purposes of 
Sec. Sec.  742.4(a)(5) and 742.6(a)(10), the employee need not be a 
permanent and regular employee as that term is defined in Sec.  
734.20(d), e.g., they may be newly hired.
    (3) Quantum deemed exports and deemed reexports. This GL 
authorizes deemed exports or deemed reexports of quantum 
``technology'' and ``software'' in ECCNs 3D901 (for ``software'' for 
quantum items in ECCNs 3A901.b, 3B904), 3E901 (for ``technology'' 
for quantum items in 3A901, 3A904, 3B904, 3C907, 3C908, 3C909), and 
``technology'' for quantum items in ECCNs 4D906 or 4E906, to foreign 
persons whose most recent country of citizenship or permanent 
residency is a destination specified in Country Group D:1 or D:5 and 
who are not prohibited persons under part 744 of the EAR, e.g., not 
listed on the Entity List (supplement no. 4 to part 744), Unverified 
List (supplement no. 6 to part 744), Military End-User List 
(supplement no. 7 to part 744), or listed on the Denied Persons List 
(https://www.bis.gov). BIS notes that for purposes of Sec. Sec.  
742.4(a)(5) and 742.6(a)(10), the employee need not be a permanent 
and regular employee as that term is defined in Sec.  734.20(d), 
e.g., they may be newly hired.
    (4) Reporting requirements. Exports, reexports, and transfers 
(in-country), including deemed exports and deemed reexports, under 
this GL are subject to annual reporting requirements in accordance 
with Sec.  743.7 of the EAR for GAAFET items in paragraph (f)(1) and 
(f)(2) of this general order and Sec.  743.8 for quantum items in 
paragraph (f)(3) of this general order.
    (5) End-use and end-user restrictions--(i) Restrictions related 
to part 744 of the EAR. The GL under paragraph (f) of this 
supplement does not overcome the license requirements of Sec.  
744.11 or Sec.  744.21 of the EAR when an entity listed in 
supplements no. 4 or 7 to part 744 of the EAR is a party to the 
transaction as described in Sec.  748.5(c) through (f) of the EAR, 
or when there is knowledge of any other prohibited end use or end 
user (other than the provisions of Sec.  744.23 of the EAR).
    (ii) End-user restriction. The GL under paragraph (f)(1) or 
(f)(2) of this supplement cannot be used for the ``development'' or 
``production'' of any item identified under paragraph (d)(2)(i) of 
this supplement where the ``part,'' ``component,'' or ``equipment'' 
is ``developed'' or ``produced'' at the direction of an entity that 
is headquartered in, or whose ultimate parent company is 
headquartered in a destination specified in Country Group D:1 or D:5 
in supplement no. 1 to part 740 of the EAR.
    (6) Recordkeeping requirement. All exports, reexports, transfer 
(in-country), and exports from abroad shipped under the 
authorization of this GL, including deemed exports and deemed 
reexports of ``technology'' and ``software,'' are subject to the 
recordkeeping requirements of part 762 of the EAR.

PART 738--COMMERCE CONTROL LIST OVERVIEW AND THE COUNTRY CHART

0
3. The authority citation for part 738 continues to read as follows:

    Authority:  50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50 
U.S.C. 1701 et seq.; 10 U.S.C. 8720; 10 U.S.C. 8730(e); 22 U.S.C. 
287c; 22 U.S.C. 2151 note; 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 
42 U.S.C. 2139a; 15 U.S.C. 1824; 50 U.S.C. 4305; 22 U.S.C. 7201 et 
seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783.


0
4. Section 738.2 is amended by revising paragraph (d)(1) to read as 
follows:


Sec.  738.2   Commerce Control List (CCL) structure.

* * * * *

[[Page 72937]]

    (d) Entries--(1) Composition of an entry. Within each group, 
individual items are identified by an Export Control Classification 
Number (ECCN). Each number consists of a set of digits and a letter. 
The first digit identifies the general category within which the entry 
falls (e.g., 3A001). The letter immediately following this first digit 
identifies under which of the five groups the item is listed (e.g., 
3A001). The second and third digits differentiate individual entries by 
identifying the type of controls associated with the items contained in 
the entry (e.g., 3A001). Table 1 lists the Reasons for Control 
associated with this second and third digits.

              Table 1 to Paragraph (d)(1) Introductory Text
------------------------------------------------------------------------
   Last 3 digits of an ECCN                Reason for control
------------------------------------------------------------------------
000-099......................  National Security (NS).
100-199......................  Missile Technology (MT).
200-299......................  Nuclear Nonproliferation (NP).
300-399......................  Chemical and Biological (CB).
500-599......................  Firearms, ``Spacecraft,'' and related
                                commodities controlled for NS and other
                                reasons.
600-699......................  Wassenaar Arrangement Munitions List
                                (WAML) or former U.S. Munitions List
                                (USML) controlled for NS and other
                                reasons.
900-979......................  Plurilateral NS and Regional Stability
                                (RS) and other reasons.
980-989......................  Crime Control (CC), Short Supply (SS).
990-999......................  Anti-terrorism (AT), RS, United Nations
                                Sanctions (UN).
------------------------------------------------------------------------

    (i) Reasons for Control are not mutually exclusive and numbers are 
assigned in order of precedence. As an example, if an item is 
controlled for both National Security and Missile Technology reasons, 
the entry's third alphanumeric character will be a ``0''. If the item 
is controlled only for Missile Technology the third alphanumeric 
character will be ``1''.
    (ii) The numbers in either the second or third digit (e.g., 3A001) 
serve to differentiate between multilateral, plurilateral, and 
unilateral entries. For example, an entry with the number ``99'' as the 
second and third digit, identifies the entire entry as controlled for a 
unilateral concern (e.g., 2B991 for anti-terrorism reasons). If the 
second digit is a ``2'' and the third digit is a ``9'', the item is 
controlled for unilateral purposes based on a nuclear proliferation 
concern (e.g., 2A290 is controlled for unilateral purposes based on 
nuclear nonproliferation concerns).
    (iii) The last digit within each entry (e.g., 3A001) is used for 
the sequential numbering of ECCNs to differentiate between entries on 
the CCL.
    (iv) Last two characters in a ``600 series'' ECCN. The last two 
characters of each ``600 series'' ECCN generally track the Wassenaar 
Arrangement Munitions List (WAML) categories for the types of items at 
issue. The WAML ML21 (``software'') and ML22 (``technology'') are, 
however, included in D (``software'') and E (``technology'') CCL 
product groups to remain consistent with the structure of the CCL.
* * * * *

PART 740--LICENSE EXCEPTIONS

0
5. The authority citation for part 740 continues to read as follows:

    Authority:  50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50 
U.S.C. 1701 et seq.; 22 U.S.C. 7201 et seq.; E.O. 13026, 61 FR 
58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 
2001 Comp., p. 783.


0
6. Section 740.2 is amended by adding paragraph (a)(22) to read as 
follows:


Sec.  740.2  Restrictions on all License Exceptions.

* * * * *
    (a) * * *
    (22) The item being exported, reexported, or transferred (in-
country) is eligible for Sec.  740.24 and the license exception is 
other than IEC, TMP, RPL, GOV, or TSU, subject to the limitations in 
this paragraph (a)(22). License Exception IEC is available as specified 
in Sec.  740.24. License Exception TMP is restricted to eligibility 
under the provisions of Sec.  740.9(a)(3) and (a)(6); RPL is restricted 
to eligibility under the provisions of Sec.  740.10; GOV is restricted 
to eligibility under the provisions of Sec.  740.11(b); and TSU is 
restricted to eligibility under the provisions of Sec.  740.13(a) and 
(c).
* * * * *

0
7. Part 740 is amended by adding Sec.  740.24 to read as follows:


Sec.  740.24   Implemented Export Control (IEC).

    (a) Scope. License Exception Implemented Export Controls (IEC) 
authorizes exports, reexports, and transfers (in-country) in accordance 
with License Exception IEC Eligible Items and Destinations, see 
paragraphs (b) and (c) of this section.
    (b) Eligible items and destinations. License Exception IEC 
authorizes specified items to be exported, reexported, or transferred 
(in-country) to, among, or within specified destinations, as identified 
for each respective item, in accordance with License Exception IEC 
Eligible Items and Destinations. See paragraph (c) of this section.
    (c) Incorporation by reference. License Exception Implemented 
Export Controls (IEC) Eligible Items and Destinations, last modified 
August 27, 2024, is incorporated by reference into this section with 
the approval of the Director of the Federal Register under 5 U.S.C. 
552(a) and 1 CFR part 51. This material is available for inspection at 
the BIS and at the National Archives and Records Administration (NARA). 
Contact BIS at: BIS Office of National Security Controls, phone: 202-
482-0092; email: [email protected]; website: www.bis.gov. For 
information on the availability of this material at NARA, visit 
www.archives.gov/federal-register/cfr/ibr-locations or email 
[email protected]. The material may be obtained from BIS and is 
available for inspection on the BIS website at https://www.bis.gov/articles/license-exceptions#license-exception-IEC.

PART 742--CONTROL POLICY--CCL BASED CONTROLS

0
8. The authority citation for part 742 continues to read as follows:

    Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50 
U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 
U.S.C. 7201 et seq.; 22 U.S.C. 7210; Sec. 1503, Pub. L. 108-11, 117 
Stat. 559; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 
12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR 
59099, 3 CFR, 1994 Comp., p. 950; E.O. 13026, 61 FR 58767, 3 CFR, 
1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 
783; Presidential Determination 2003-23, 68 FR 26459, 3 CFR, 2004 
Comp., p. 320; Notice of November 1, 2023, 88 FR 75475 (November 3, 
2023).


[[Page 72938]]



0
9. Section 742.4 is amended by adding paragraphs (a)(5) and (b)(10) to 
read as follows:


Sec.  742.4  National security.

    (a) * * *
    (5)(i) Scope. A license is required for national security reasons 
to export or reexport any item subject to the EAR and specified on the 
Commerce Control List (supplement no. 1 to part 774) to any destination 
worldwide when the ECCN includes an NS license requirement that 
references this paragraph (a)(5) in the license requirement table of 
the ECCN.
    (ii) Deemed export and deemed reexport exclusions. The license 
requirements in paragraph (a)(5)(i) of this section do not apply to 
deemed exports or deemed reexports of ``technology'' or ``software'' to 
the extent consistent with paragraphs (a)(5)(ii)(A) and (B) of this 
section.
    (A) Grandfather Exclusion. Except for deemed exports or deemed 
reexports of ``technology'' in ECCN 3E905 to foreign persons whose most 
recent country of citizenship or permanent residency is a destination 
specified in Country Group D:1 or D:5 in supplement no. 1 to part 740 
of the EAR (see GAAFET General License in supplement no. 1 to part 736 
general order no. 4), the license requirements in paragraph (a)(5)(i) 
of this section do not apply to deemed exports or deemed reexports of 
``technology'' or ``software,'' including for future advancements or 
versions of the same ``technology'' or ``software,'' to employees or 
contractors already employed by entities subject to this control as of 
September 6, 2024, and who are not prohibited persons under part 744 of 
the EAR, e.g., not listed on the Entity List (supplement no. 4 to part 
744), Unverified List (supplement no.6 to part 744), Military End-User 
List (supplement no. 7 to part 744) or listed on the Denied Persons 
List (https://www.bis.doc.gov). For purposes of this paragraph 
(a)(5)(ii), the employee need not be a permanent and regular employee 
as that term is defined in Sec.  734.20(d), e.g., they may be newly 
hired.
    (B) Deemed export and deemed reexport exclusion--(i) Limited 
exclusion. There is a limited deemed export or deemed reexport 
exclusion from the license requirements in this paragraph (a)(5)(i) of 
this section for the following ``software'' or ``technology'' ECCNs 
unless for foreign persons whose most recent citizenship or permanent 
residency is a destination specified in Country Group D:1 or D:5: ECCNs 
2D910; 2E910; 3D001 (``software'' for ``EUV'' masks and reticles in 
ECCN 3B001.q); 3D901 (for ``software'' for quantum items in ECCNs 
3A901.b and 3B904 and for scanning electron microscopes (SEM) in ECCN 
3B903); 3D907 ``software'' designed to extract ``GDSII'' or equivalent 
data; 3E001 (``technology'' for ``EUV'' masks and reticles in ECCN 
3B001.q); and 3E901 (for ``technology'' for quantum items in 3A901, 
3A904, 3B904, 3C907, 3C908, and 3C909, and for SEMs in ECCN 3B903); 
3E905 (``technology'' according to the General Technology Note for the 
``development'' or ``production'' of integrated circuits or devices, 
using ``Gate all-around Field-Effect Transistor'' (``GAAFET'') 
structures); and ``technology'' (for quantum items in ECCNs 4D906 or 
4E906).
    (ii) Full exclusion. There is a full deemed export or deemed 
reexport exclusion from the license requirement in this paragraph 
(a)(5)(i) for ``technology'' and ``software'' in ECCNs 3D001, 3D002, 
and 3E001 for anisotropic dry plasma etch equipment and isotropic dry 
etch equipment in 3B001.c.1.a and c.1.c.
    (b) * * *
    (10) License review policy for items specified in paragraph (a)(5). 
License applications to export or reexport items described in paragraph 
(a)(5)(i) of this section to destinations specified in Country Group 
A:1, A:5, and A:6, see supplement no. 1 to part 740 of the EAR, will be 
reviewed with a presumption of approval. License applications to export 
or reexport items described in paragraph (a)(5)(i) of this section to 
destinations specified in Country Groups D:1 or D:5 of supplement no. 1 
to part 740 of the EAR will be reviewed under a presumption of denial. 
License applications to export or reexport items described in paragraph 
(a)(5)(i) of this section to any other destination will be reviewed on 
a case-by-case basis, unless subject to a more restrictive NS policy in 
this section.
* * * * *

0
10. Section 742.6 is amended by adding paragraphs (a)(10) and (b)(11), 
to read as follows:


Sec.  742.6   Regional stability.

    (a) * * *
    (10)(i) Scope. A license is required for regional stability reasons 
to export or reexport any item subject to the EAR and listed on the 
Commerce Control List (supplement no. 1 to part 774) to any destination 
worldwide when the ECCN includes an RS license requirement that 
references this (a)(10) paragraph in the license requirement table.
    (ii) Deemed export and deemed reexport exclusions. The license 
requirements in paragraph (a)(10)(i) of this section do not apply to 
deemed exports or deemed reexports to the extent consistent with 
paragraphs (a)(10)(ii)(A) and (B) of this section.
    (A) Grandfather clause. Except for deemed exports or deemed 
reexports of ``technology'' in ECCN 3E905 to foreign persons whose most 
recent country of citizenship or permanent residency is a destination 
specified in Country Group D:1 or D:5 in supplement no. 1 to part 740 
of the EAR (see GAAFET General License in supplement no. 1 to part 736 
general order no. 4), the license requirements in paragraph (a)(10)(i) 
of this section do not apply to deemed exports or deemed reexports of 
``technology'' or ``software,'' including for future advancements or 
versions of the same ``technology'' or ``software,'' to employees or 
contractors already employed by entities subject to this control as of 
September 6, 2024, and who are not prohibited persons under part 744 of 
the EAR, e.g., not listed on the Entity List (supplement no. 4 to part 
744), Unverified List (supplement no.6 to part 744), Military End-User 
List (supplement no. 7 to part 744) or listed on the Denied Persons 
List (https://www.bis.doc.gov). For purposes of this paragraph 
(a)(10)(ii), the employee need not be a permanent and regular employee 
as that term is defined in Sec.  734.20(d), e.g., they may be newly 
hired.
    (B) Deemed export and deemed reexport exclusion--(1) Limited 
exclusion. There is a limited deemed export or deemed reexport 
exclusion from the license requirements in paragraph (a)(10)(i) of this 
section for the following ``software'' or ``technology'' ECCNs, unless 
for foreign persons whose most recent citizenship or permanent 
residency is a destination specified in Country Group D:1 or D:5: 
2D910; 2E910;3D001 (``software'' for ``EUV'' masks and reticles in ECCN 
3B001. q); 3D901 (for ``software'' for quantum items in ECCNs 3A901.b, 
3B904 and scanning electron microscopes (SEM) in ECCN 3B903); 3D907 
``software'' designed to extract ``GDSII'' or equivalent data; 3E001 
(``technology'' for ``EUV'' masks and reticles in ECCN 3B001.q), 3E901 
(for ``technology for quantum items in 3A901, 3A904, 3B904, 3C907, 
3C908, and 3C909, and for SEMs in ECCN 3B903); 3E905 (``technology'' 
according to the General Technology Note for the ``development'' or 
``production'' of integrated circuits or devices, using ``Gate all-
around Field-Effect Transistor'' (``GAAFET'') structures); and 
``technology'' for quantum items in ECCNs 4D906 or 4E906.

[[Page 72939]]

    (2) Full exclusion. There is a full deemed export and reexport 
exclusion in Sec.  742.6(a)(6)(iv) that conveys to the license 
requirement in this paragraph (a)(10) for ``technology'' and 
``software'' in ECCNs 3D001, 3D002, and 3E001 for anisotropic dry 
plasma etch equipment and isotropic dry etch equipment in 3B001.c.1.a 
and c.1.c.
    (b) * * *
    (11) License review policy for items specified in paragraph 
(a)(10). License applications to export or reexport items described in 
paragraph (a)(10) of this section to destinations specified in Country 
Group A:1, A:5, and A:6, see supplement no. 1 to part 740 of the EAR, 
will be reviewed with a presumption of approval. License applications 
to export or reexport items described in paragraph (a)(10) of this 
section to destinations specified in Country Groups D:1 or D:5 of 
supplement no. 1 to part 740 of the EAR will be reviewed under a 
presumption of denial. License applications to export or reexport items 
described in paragraph (a)(10) of this section to any other destination 
will be reviewed on a case-by-case basis, unless subject to a more 
restrictive RS policy in this section.
* * * * *

PART 743--SPECIAL REPORTING AND NOTIFICATION

0
11. The authority citation for part 743 continues to read as follows:

    Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50 
U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 
783; E.O. 13637, 78 FR 16129, 3 CFR, 2014 Comp., p. 223; 78 FR 
16129.

0
12. Part 743 is amended by adding sections 743.7 and 743.8, to read as 
follows:


Sec.  743.7  Reporting on GAAFET General License.

    (a) Transactions to be reported. (1) Annual Reports. Annual reports 
are required for any export, reexport, or transfer (in-country) of 
``technology'' specified in ECCN 3E905 that is not authorized by an 
individual validated license but is authorized pursuant to the GAAFET 
General License in General Order No. 6 paragraph (f)(1) or (f)(2) in 
supplement no. 1 to part 736 of the EAR.
    (2) Termination reports. Companies that use the GAAFET General 
License for deemed exports and reexports to current employees of 
``technology'' specified in ECCN 3E905 must report to BIS the voluntary 
or involuntary termination of employment of foreign person employees 
whose most recent country of citizenship or permanent residency is a 
destination specified in Country Group D:1 or D:5 within 30 days of 
termination.
    (b) Party responsible for reporting. The entity who exported or 
reexported the items must ensure the reports required by this section 
are submitted to BIS.
    (c) Information to be included in the reports--(1) Annual report 
information. The annual report must include the following:
    (A) Description of the ``technology'';
    (B) All parties, including name and address, involved in the 
collaboration; and
    (C) End item of the ``technology,'' including a description and 
ECCN of the end item (if known).
    (2) Termination report information. The termination report must 
include the following:
    (A) Name of foreign person;
    (B) Name of host company;
    (C) If they are leaving the United States to go to a destination 
specified in Country Group D:1 or D:5 (if known); and
    (D) If they are leaving to change employers within the United 
States.
    (d) Annual reporting requirement. (1) You must submit the first 
report on November 5, 2024 subject to the provisions of this section. 
The report must be labeled with the exporting company's name and 
address at the top of each page and must include all the information 
specified in paragraph (c) of this section. The annual report shall 
cover collaboration occurring during the time between September 6, 2024 
and October 28, 2024. Thereafter, reports are due according to the 
provisions of paragraph (d)(2) of this section.
    (2) Annual reports for the reporting period ending December 31 must 
be received by BIS no later than February 1.
    (e) Where to submit GAAFET General License reports--Report may be 
emailed to [email protected] and must include ``Annual report for 
GAAFET General License'' or ``Termination report for GAAFET General 
License'' in the subject line, whichever is appropriate.
    (f) Contacts. General information concerning the GAAFET General 
License report is available from the Office of National Security 
Controls, Tel. (202) 482-0092, or Email: [email protected].


Sec.  743.8   Reporting on quantum deemed exports and deemed reexports.

    (a) Requirement. A report must be submitted to BIS in accordance 
with this section for the deemed export or deemed reexport under 
General License in General Order no. 6 in paragraph (f)(3) of 
supplement no. 1 to part 736 of the EAR to foreign person employees 
whose most recent country of citizenship or permanent residency is a 
destination specified in Country Group D:1 or D:5 of quantum 
``software'' or ``technology'' specified in the following ECCNs: 3D901 
(for 3A901.b, 3B904), 3E901 (for 3A901, 3A904, 3B904, 3C907, 3C908, 
3C909), 4D906, or 4E906.
    (b) Party responsible for reporting. The entity who released the 
specified ``software'' or ``technology'' must ensure the reports 
required by this section are properly submitted to BIS.
    (c) Information to be included in the reports. The report must 
include the following:
    (1) The name, address and point of contact of the entity that made 
the release;
    (2) Description of the ``software'' or ``technology;''
    (3) Foreign person information, including all the information that 
would be provided in a deemed export license application, see 
guidelines for deemed export license applications under the learn and 
support tab of the BIS website at www.bis.gov;
    (4) End item of the ``technology'' or ``software'' including a 
description and ECCN of the end item (if known); and
    (5) The exporting company's name and address must appear at the top 
of each page.
    (d) Annual reporting requirement. (1) You must submit the first 
report on November 5, 2024 subject to the provisions of this section. 
The report shall cover any releases during the time between September 
6, 2024 and October 28, 2024. Thereafter, reports are due according to 
the provisions of paragraph (d)(2) of this section.
    (2) Reports for the reporting period ending December 31 must be 
received by BIS no later than February 1.
    (e) Termination reporting. When a foreign person, who has had 
access to ``software'' or ``technology'' identified in paragraph (a) of 
this section, leaves your employment or academic institution, you must 
report the name, host company or university, and if known, if they are 
leaving the United States to go be employed in a destination specified 
in Country Group D;1 or D:5 or if they are leaving to change employer 
or university within the United States. This report is due within 30 
days of the foreign person's last day with the host company or 
university.
    (f) Where to submit Quantum General License reports--Report may be 
emailed to [email protected] and must include ``Quantum General 
License Report'' in the subject line.

[[Page 72940]]

    (g) Contacts. General information concerning the ``Quantum General 
License Report'' is available from the Office of National Security 
Controls, Tel. (202) 482-0092, or Email: [email protected].

PART 772--DEFINITIONS OF TERMS

0
13. The authority citation for part 772 continues to read as follows:

    Authority:  50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50 
U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 
783.

0
14. Section 772.1 is amended by adding in alphabetic order the 
definition for ``GDSII'' to read as follows:


Sec.  772.1   Definitions of terms as used in the Export Administration 
Regulations (EAR).

* * * * *
    GDSII (``Graphic Design System II[hairsp]'') (Cat 3) is a database 
file format for data exchange of integrated circuit artwork or 
integrated circuit layout artwork.
* * * * *

PART 774--[AMENDED]

0
15. The authority citation for part 774 continues to read as follows:

    Authority:  50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50 
U.S.C. 1701 et seq.; 10 U.S.C. 8720; 10 U.S.C. 8730(e); 22 U.S.C. 
287c, 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 42 U.S.C. 2139a; 15 
U.S.C. 1824; 50 U.S.C. 4305; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; 
E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 
FR 44025, 3 CFR, 2001 Comp., p. 783.


0
16. Supplement no. 1 to part 774 is amended by:
0
a. Adding ECCNs 2B910, 2D910;
0
b. Revising ECCN 2E003;
0
c. Adding ECCNs 2E903 and 2E910;
0
d. Revising Notes 1 and 2 and a Nota Bene in Category 3, Product Group 
A;
0
e. Revising ECCN 3A001;
0
f. Adding ECCNs 3A901 and 3A904;
0
g. Revising ECCN 3B001;
0
h. Adding ECCNs 3B903 and 3B904;
0
i. Revising ECCN 3C001;
0
j. Adding ECCNs 3C907, 3C908, and 3C909;
0
k. Revising ECCNs 3D001 and 3D002;
0
l. Adding ECCNs 3D901 and 3D907;
0
m. Adding a Note and a Technical Note to Category 3 to Product Group E;
0
n. Revising ECCN 3E001;
0
o. Adding ECCNs 3E901, 3E905 and 4A906;
0
p. Revising ECCNs 4D001;
0
q. Adding ECCN 4D906;
0
r. Revising ECCN 4E001; and
0
s. Adding ECCN 4E906.
    The additions and revision read as follows:

Supplement No. 1 to Part 774--The Commerce Control List

* * * * *
2B910 Additive manufacturing equipment, designed to produce metal or 
metal alloy components, having all of the following (see List of 
Items Controlled), and ``specially designed'' ``components'' 
therefor.

License Requirements

Reason for Control: NS, RS, AT

 
                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)
 
NS applies to entire entry................  Worldwide control. See Sec.
                                              742.4(a)(5) and (b)(10) of
                                             the EAR.
RS applies to entire entry................  Worldwide control. See Sec.
                                              742.6(a)(10) and (b)(11)
                                             of the EAR.
AT applies to entire entry................  AT Column 1.
 

List Based License Exceptions (See Part 740 for a Description of All 
License Exceptions)

LVS: N/A
GBS: N/A
IEC: Yes, see Sec.  740.2(a)(22) and Sec.  740.24 of the EAR.

Special Conditions for STA

STA: License Exception STA may not be used to ship any item in this 
ECCN to any of the destinations listed in Country Group A:5 or A:6 
(See Supplement No.1 to part 740 of the EAR).

List of Items Controlled

Related Controls: For related ``technology'' see ECCN 2E910.
Related Definitions: N/A
Items:

    a. Having at least one of the following consolidation sources:
    a.1. ``Laser'';
    a.2. Electron beam; or
    a.3. Electric arc;
    b. Having a controlled process atmosphere of any of the 
following:
    b.1. Inert gas; or
    b.2. Vacuum (equal to or less than 100 Pa);
    c. Having any of the following `in-process monitoring' equipment 
in a `co-axial configuration' or `paraxial configuration':
    c.1. Imaging camera with a peak response in the wavelength range 
exceeding 380 nm but not exceeding 14,000 nm;
    c.2. Pyrometer designed to measure temperatures greater than 
1,273.15K (1,000 [deg]C); or
    c.3. Radiometer or spectrometer with a peak response in the 
wavelength range exceeding 380 nm but not exceeding 3,000 nm; and
    d. A closed loop control system designed to modify the 
consolidation source parameters, build path, or equipment settings 
during the build cycle in response to feedback from `in-process 
monitoring' equipment specified in 2B010.c.
    Technical Notes: For the purposes of 2B910:
    1. `In-process monitoring', also known as in-situ process 
monitoring, pertains to the observation and measurement of the 
additive manufacturing process including electromagnetic, or 
thermal, emissions from the melt pool.
    2. `Co-axial configuration', also known as on-axis or inline 
configuration, pertains to one or more sensors that are mounted in 
an optical path shared by the ``laser'' consolidation source.
    3. `Paraxial configuration' pertains to one or more sensors that 
are physically mounted onto or integrated into the ``laser'', 
electron beam, or electric arc consolidation source component.
    4. For both `co-axial configuration' and `paraxial 
configuration', the field of view of the sensor(s) is fixed to the 
moving reference frame of the consolidation source and moves in the 
same scan trajectories of the consolidation source throughout the 
build process.
* * * * *
2D910 ``Software'', not specified elsewhere, ``specially designed'' 
or modified for the ``development'' or ``production'' of equipment 
specified in ECCN 2B910.

License Requirements

Reason for Control: NS, RS, AT

 
                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)
 
NS applies to entire entry................  Worldwide control. See Sec.
                                              742.4(a)(5) and (b)(10) of
                                             the EAR.
RS applies to entire entry................  Worldwide control. See Sec.
                                              742.6(a)(10) and (b)(11)
                                             of the EAR.
AT applies to entire entry................  AT Column 1.
 

List Based License Exceptions (See Part 740 for a Description of All 
License Exceptions)

TSR: N/A
IEC: Yes, see Sec.  740.2(a)(22) and Sec.  740.24 of the EAR.

Special Conditions for STA

STA: License Exception STA may not be used to ship any item in this 
ECCN to any of the destinations listed in Country Group A:5 or A:6 
(See Supplement No. 1 to part 740 of the EAR).

List of Items Controlled

Related Controls: N/A
Related Definitions: N/A
Items: The list of items controlled is contained in the ECCN 
heading.
* * * * *
2E003 Other ``technology'', as follows (see List of Items 
Controlled).

License Requirements

Reason for Control: NS, AT

 
                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)
 
NS applies to entire entry................  NS Column 1.
AT applies to entire entry................  AT Column 1.
 

List Based License Exceptions (See Part 740 for a Description of All 
License Exceptions)

TSR: Yes, except 2E003.b, .e and .f

[[Page 72941]]

List of Items Controlled

Related Controls: (1) See 2E001, 2E002, and 2E101 for 
``development'' and ``use'' technology for equipment that are 
designed or modified for densification of carbon-carbon composites, 
structural composite rocket nozzles and reentry vehicle nose tips. 
(2) See 2E903 for ``technology'', not specified elsewhere, for the 
``development'' or ``production'' of coating systems (as defined in 
2E903).
Related Definitions: N/A
Items:

    a. [Reserved]
    b. ``Technology'' for metal-working manufacturing processes, as 
follows:
    b.1. ``Technology'' for the design of tools, dies or fixtures 
``specially designed'' for any of the following processes:
    b.1.a. ``Superplastic forming'';
    b.1.b. ``Diffusion bonding''; or
    b.1.c. 'Direct-acting hydraulic pressing';
    b.2. [Reserved]
    N.B.: For ``technology'' for metal-working manufacturing 
processes for gas turbine engines and components, see 9E003 and USML 
Category XIX.
    Technical Note: For the purposes of 2E003.b.1.c, 'direct-acting 
hydraulic pressing' is a deformation process which uses a fluid-
filled flexible bladder in direct contact with the workpiece.
    c. ``Technology'' for the ``development'' or ``production'' of 
hydraulic stretch-forming machines and dies therefor, for the 
manufacture of airframe structures;
    d. [Reserved]
    e. ``Technology'' for the ``development'' of integration 
``software'' for incorporation of expert systems for advanced 
decision support of shop floor operations into ``numerical control'' 
units;
    f. ``Technology'' for the application of inorganic overlay 
coatings or inorganic surface modification coatings (specified in 
column 3 of the following table) to non-electronic substrates 
(specified in column 2 of the following table), by processes 
specified in column 1 of the following table and defined in the 
Technical Note.
* * * * *
2E903 ``Technology'', not specified elsewhere, for the 
``development'' or ``production'' of `coating systems' having all of 
the following: (see List of Items Controlled).

License Requirements

Reason for Control: NS, RS, AT

 
                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)
 
NS applies to entire entry................  Worldwide control. See Sec.
                                              742.4(a)(5) and (b)(10) of
                                             the EAR.
RS applies to entire entry................  Worldwide control. See Sec.
                                              742.6(a)(10) and (b)(11)
                                             of the EAR.
AT applies to entire entry................  AT Column 1.
 

List Based License Exceptions (See Part 740 for a Description of All 
License Exceptions)

TSR: N/A
IEC: Yes, see Sec.  740.2(a)(22) and Sec.  740.24 of the EAR.

Special Conditions for STA

STA: License Exception STA may not be used to ship any item in this 
ECCN to any of the destinations listed in Country Group A:5 or A:6 
(See Supplement No.1 to part 740 of the EAR).

List of Items Controlled

Related Controls: N/A
Related Definitions: N/A
Items:

    a. Designed to protect ceramic ``matrix'' ``composite'' 
materials specified by ECCN 1C007 from corrosion; and
    b. Designed to operate at temperatures exceeding 1,373.15 K 
(1,100 [deg]C).
    Technical Note: For the purposes of 2E903, `coating systems' 
consist of one or more layers (e.g., bond, interlayer, top coat) of 
material deposited on the substrate.
* * * * *
2E910 ``Technology'', not specified elsewhere, ``specially 
designed'' or modified for the ``development'' or ``production'' of 
equipment specified in ECCN 2B910.

License Requirements

Reason for Control: NS, RS, AT

 
                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)
 
NS applies to entire entry................  Worldwide control. See Sec.
                                              742.4(a)(5) and (b)(10) of
                                             the EAR.
RS applies to entire entry................  Worldwide control. See Sec.
                                              742.6(a)(10) and (b)(11)
                                             of the EAR.
AT applies to entire entry................  AT Column 1.
 

List Based License Exceptions (See Part 740 for a Description of All 
License Exceptions)

TSR: N/A
IEC: Yes, see Sec.  740.2(a)(22) and Sec.  740.24 of the EAR.

Special Conditions for STA

STA: License Exception STA may not be used to ship any item in this 
ECCN to any of the destinations listed in Country Group A:5 or A:6 
(See Supplement No.1 to part 740 of the EAR).

List of Items Controlled

Related Controls: N/A
Related Definitions: N/A
Items: The list of items controlled is contained in the ECCN 
heading.
* * * * *

Category 3--Electronics

A. ``End Items,'' ``Equipment,'' ``Accessories,'' ``Attachments,'' 
``Parts,'' ``Components,'' and ``Systems''

    Note 1: The control status of equipment and ``components'' 
described in 3A001(other than those described in 3A001.a.3 to 
3A001.a.10, 3A001.a.12 to 3A001.a.14, 3A001.b.12, or 3A001.z), 
3A002, 3A901, which are ``specially designed'' for or which have the 
same functional characteristics as other equipment is determined by 
the control status of the other equipment.
    Note 2: The control status of integrated circuits described in 
3A001.a.3 to 3A001.a.9, 3A001.a.12 to 3A001.a.14, 3A001.z or 3A901 
that are unalterably programmed or designed for a specific function 
for other equipment is determined by the control status of the other 
equipment.
    N.B.: When the manufacturer or applicant cannot determine the 
control status of the other equipment, the control status of the 
integrated circuits is determined in 3A001.a.3 to 3A001.a.9, or 
3A001.a.12 to 3A001.a.14, 3A001.z and 3A901.
* * * * *
3A001 Electronic items as follows (see List of Items Controlled).

Reason for Control: NS, RS, MT, NP, AT

 
                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)
 
NS applies to ``Monolithic Microwave        NS Column 1.
 Integrated Circuit'' (``MMIC'')
 amplifiers in 3A001.b.2 and discrete
 microwave transistors in 3A001.b.3,
 except those 3A001.b.2 and b.3 items
 being exported or reexported for use in
 civil telecommunications applications;
 and 3A001.z.1.
NS applies to entire entry................  NS Column 2.
RS applies ``Monolithic Microwave           RS Column 1.
 Integrated Circuit'' (``MMIC'')
 amplifiers in 3A001.b.2 and discrete
 microwave transistors in 3A001.b.3,
 except those 3A001.b.2 and b.3 items
 being exported or reexported for use in
 civil telecommunications applications;
 and 3A001.z.1.
RS applies to 3A001.z.....................  To or within destinations
                                             specified in Country Groups
                                             D:1, D:4, and D:5 of
                                             supplement no. 1 to part
                                             740 of the EAR, excluding
                                             any destination also
                                             specified in Country Groups
                                             A:5 or A:6. See Sec.
                                             742.6(a)(6)(iii) of the
                                             EAR.
MT applies to 3A001.a.1.a when usable in    MT Column 1.
 ``missiles''; and to 3A001.a.5.a when
 ``designed or modified'' for military
 use, hermetically sealed and rated for
 operation in the temperature range from
 below -54 [deg]C to above +125 [deg]C;
 and 3A001.z.2.
NP applies to pulse discharge capacitors    NP Column 1.
 in 3A001.e.2 and superconducting
 solenoidal electromagnets in 3A001.e.3
 that meet or exceed the technical
 parameters in 3A201.a and 3A201.b,
 respectively; and 3A001.z.3.
AT applies to entire entry................  AT Column 1.
 


[[Page 72942]]

Reporting Requirements: See Sec.  743.1 of the EAR for reporting 
requirements for exports under 3A001.b.2 or b.3 under License 
Exceptions, and Validated End-User authorizations.
License Requirements: See Sec.  744.17 of the EAR for additional 
license requirements for microprocessors having a processing speed 
of 5 GFLOPS or more and an arithmetic logic unit with an access 
width of 32 bit or more, including those incorporating ``information 
security'' functionality, and associated ``software'' and 
``technology'' for the ``production'' or ``development'' of such 
microprocessors.

List Based License Exceptions (See Part 740 for a Description of All 
License Exceptions)

LVS: N/A for MT, NP; N/A for ``Monolithic Microwave Integrated 
Circuit'' (``MMIC'') amplifiers in 3A001.b.2, discrete microwave 
transistors in 3A001.b.3, and 3A001.z.1, except those that are being 
exported or reexported for use in civil telecommunications 
applications.

    Yes for:
    $1500: 3A001.c.
    $3000: 3A001.b.1, b.2 (exported or reexported for use in civil 
telecommunications applications), b.3 (exported or reexported for 
use in civil telecommunications applications), b.9, .d, .e, .f, .g, 
and z.1 (exported or reexported for use in civil telecommunications 
applications).
    $5000: 3A001.a (except a.1.a and a.5.a when controlled for MT), 
b.4 to b.7, and b.12.

GBS: Yes for 3A001.a.1.b, a.2 to a.14 (except .a.5.a when controlled 
for MT), b.2 (exported or reexported for use in civil 
telecommunications applications), b.8 (except for ``vacuum 
electronic devices'' exceeding 18 GHz), b.9., b.10, .g, .h, .i, and 
z.1 (exported or reexported for use in civil telecommunications 
applications).
NAC/ACA: Yes, for 3A001.z.

    Note: See Sec.  740.2(a)(9)(ii) of the EAR for license exception 
restrictions for ECCN 3A001.z.

Special Conditions for STA

STA: License Exception STA may not be used to ship any item in 
3A001.b.2 or b.3, except those that are being exported or reexported 
for use in civil telecommunications applications, to any of the 
destinations listed in Country Group A:5 or A:6 (See Supplement No. 
1 to part 740 of the EAR).

List of Items Controlled

Related Controls: (1) See Category XV of the USML for certain 
``space-qualified'' electronics and Category XI of the USML for 
certain ASICs, `transmit/receive modules,' `transmit modules,' or 
`MMICs' ``subject to the ITAR.'' (2) See also 3A090, 3A101, 3A201, 
3A611, 3A901 for cryogenic CMOS integrated circuits and parametric 
signal amplifiers or quantum limited amplifiers not controlled by 
3A001, 3A991, and 9A515.
Related Definitions: `Microcircuit' means a device in which a number 
of passive or active elements are considered as indivisibly 
associated on or within a continuous structure to perform the 
function of a circuit. For the purposes of integrated circuits in 
3A001.a.1, 5 x 10\3\ Gy(Si) = 5 x 10\5\ Rads (Si); 5 x 10\6\ Gy 
(Si)/s = 5 x 10\8\ Rads (Si)/s.
Items:

    a. General purpose integrated circuits, as follows:

    Note 1: Integrated circuits include the following types:
--``Monolithic integrated circuits'';
--``Hybrid integrated circuits'';
--``Multichip integrated circuits'';
--``Film type integrated circuits'', including silicon-on-sapphire 
integrated circuits;
--``Optical integrated circuits'';
--``Three dimensional integrated circuits'';
--``Monolithic Microwave Integrated Circuits'' (``MMICs'').

    a.1. Integrated circuits designed or rated as radiation hardened 
to withstand any of the following:
    a.1.a. A total dose of 5 x 10\3\ Gy (Si), or higher;
    a.1.b. A dose rate upset of 5 x 10\6\ Gy (Si)/s, or higher; or
    a.1.c. A fluence (integrated flux) of neutrons (1 MeV 
equivalent) of 5 x 10\13\ n/cm\2\ or higher on silicon, or its 
equivalent for other materials;
    Note: 3A001.a.1.c does not apply to Metal Insulator 
Semiconductors (MIS).
    a.2. ``Microprocessor microcircuits,'' ``microcomputer 
microcircuits,'' microcontroller microcircuits, storage integrated 
circuits manufactured from a compound semiconductor, analog-to-
digital converters, integrated circuits that contain analog-to-
digital converters and store or process the digitized data, digital-
to-analog converters, electro-optical or ``optical integrated 
circuits'' designed for ``signal processing'', field programmable 
logic devices, custom integrated circuits for which either the 
function is unknown or the control status of the equipment in which 
the integrated circuit will be used in unknown, Fast Fourier 
Transform (FFT) processors, Static Random-Access Memories (SRAMs), 
or `non-volatile memories,' having any of the following:
    Technical Note: For the purposes of 3A001.a.2, `non-volatile 
memories' are memories with data retention over a period of time 
after a power shutdown.
    a.2.a. Rated for operation at an ambient temperature above 398 K 
(+125 [deg]C);
    a.2.b. Rated for operation at an ambient temperature below 218 K 
(-55 [deg]C); or
    a.2.c. Rated for operation over the entire ambient temperature 
range from 218 K (-55 [deg]C) to 398 K (+125 [deg]C);
    N.B.: For cryogenic CMOS integrated circuits not specified by 
3A001.a.2, see 3A901.a.
    Note: 3A001.a.2 does not apply to integrated circuits designed 
for civil automobile or railway train applications.
    a.3. ``Microprocessor microcircuits'', ``microcomputer 
microcircuits'' and microcontroller microcircuits, manufactured from 
a compound semiconductor and operating at a clock frequency 
exceeding 40 MHz;
    Note: 3A001.a.3 includes digital signal processors, digital 
array processors and digital coprocessors.
    a.4. [Reserved]
    a.5. Analog-to-Digital Converter (ADC) and Digital-to-Analog 
Converter (DAC) integrated circuits, as follows:
    a.5.a. ADCs having any of the following:
    a.5.a.1. A resolution of 8 bit or more, but less than 10 bit, 
with a ``sample rate'' greater than 1.3 Giga Samples Per Second 
(GSPS);
    a.5.a.2. A resolution of 10 bit or more, but less than 12 bit, 
with a ``sample rate'' greater than 600 Mega Samples Per Second 
(MSPS);
    a.5.a.3. A resolution of 12 bit or more, but less than 14 bit, 
with a ``sample rate'' greater than 400 MSPS;
    a.5.a.4. A resolution of 14 bit or more, but less than 16 bit, 
with a ``sample rate'' greater than 250 MSPS; or
    a.5.a.5. A resolution of 16 bit or more with a ``sample rate'' 
greater than 65 MSPS;
    N.B.: For integrated circuits that contain analog-to-digital 
converters and store or process the digitized data see 3A001.a.14.
    Technical Notes: For the purposes of 3A001.a.5.a:
    1. A resolution of n bit corresponds to a quantization of 2n 
levels.
    2. The resolution of the ADC is the number of bits of the 
digital output that represents the measured analog input. Effective 
Number of Bits (ENOB) is not used to determine the resolution of the 
ADC.
    3. For ``multiple channel ADCs'', the ``sample rate'' is not 
aggregated and the ``sample rate'' is the maximum rate of any single 
channel.
    4. For ``interleaved ADCs'' or for ``multiple channel ADCs'' 
that are specified to have an interleaved mode of operation, the 
``sample rates'' are aggregated and the ``sample rate'' is the 
maximum combined total rate of all of the interleaved channels.
    a.5.b. Digital-to-Analog Converters (DAC) having any of the 
following:
    a.5.b.1. A resolution of 10-bit or more but less than 12-bit, 
with an `adjusted update rate' of exceeding 3,500 MSPS; or
    a.5.b.2. A resolution of 12-bit or more and having any of the 
following:
    a.5.b.2.a. An `adjusted update rate' exceeding 1,250 MSPS but 
not exceeding 3,500 MSPS, and having any of the following:
    a.5.b.2.a.1. A settling time less than 9 ns to arrive at or 
within 0.024% of full scale from a full scale step; or
    a.5.b.2.a.2. A `Spurious Free Dynamic Range' (SFDR) greater than 
68 dBc (carrier) when synthesizing a full scale analog signal of 100 
MHz or the highest full scale analog signal frequency specified 
below 100 MHz; or
    a.5.b.2.b. An `adjusted update rate' exceeding 3,500 MSPS;
    Technical Notes: For the purposes of 3A001.a.5.b:
    1. `Spurious Free Dynamic Range' (SFDR) is defined as the ratio 
of the RMS value of the carrier frequency (maximum signal component) 
at the input of the DAC to the RMS value of the next largest noise 
or harmonic distortion component at its output.
    2. SFDR is determined directly from the specification table or 
from the characterization plots of SFDR versus frequency.

[[Page 72943]]

    3. A signal is defined to be full scale when its amplitude is 
greater than -3 dBfs (full scale).
    4. `Adjusted update rate' for DACs is:
    a. For conventional (non-interpolating) DACs, the `adjusted 
update rate' is the rate at which the digital signal is converted to 
an analog signal and the output analog values are changed by the 
DAC. For DACs where the interpolation mode may be bypassed 
(interpolation factor of one), the DAC should be considered as a 
conventional (non-interpolating) DAC.
    b. For interpolating DACs (oversampling DACs), the `adjusted 
update rate' is defined as the DAC update rate divided by the 
smallest interpolating factor. For interpolating DACs, the `adjusted 
update rate' may be referred to by different terms including:

 input data rate
 input word rate
 input sample rate
 maximum total input bus rate
 maximum DAC clock rate for DAC clock input

    a.6. Electro-optical and ``optical integrated circuits'', 
designed for ``signal processing'' and having all of the following:
    a.6.a. One or more than one internal ``laser'' diode;
    a.6.b. One or more than one internal light detecting element; 
and
    a.6.c. Optical waveguides;
    a.7. `Field programmable logic devices' having any of the 
following:
    a.7.a. A maximum number of single-ended digital input/outputs of 
greater than 700; or
    a.7.b. An `aggregate one-way peak serial transceiver data rate' 
of 500 Gb/s or greater;
    Note: 3A001.a.7 includes:

--Complex Programmable Logic Devices (CPLDs);
--Field Programmable Gate Arrays (FPGAs);
--Field Programmable Logic Arrays (FPLAs);
--Field Programmable Interconnects (FPICs).

    N.B.: For integrated circuits having field programmable logic 
devices that are combined with an analog-to-digital converter, see 
3A001.a.14.
    Technical Notes: For the purposes of 3A001.a.7:
    1. Maximum number of digital input/outputs in 3A001.a.7.a is 
also referred to as maximum user input/outputs or maximum available 
input/outputs, whether the integrated circuit is packaged or bare 
die.
    2. `Aggregate one-way peak serial transceiver data rate' is the 
product of the peak serial one-way transceiver data rate times the 
number of transceivers on the FPGA.
    a.8. [Reserved]
    a.9. [Reserved];
    a.10. Custom integrated circuits for which the function is 
unknown, or the control status of the equipment in which the 
integrated circuits will be used is unknown to the manufacturer, 
having any of the following:
    a.10.a. More than 1,500 terminals;
    a.10.b. A typical ``basic gate propagation delay time'' of less 
than 0.02 ns; or
    a.10.c. An operating frequency exceeding 3 GHz;
    a.11. Digital integrated circuits, other than those described in 
3A001.a.3 to 3A001.a.10 and 3A001.a.12, based upon any compound 
semiconductor and having any of the following:
    a.11.a. An equivalent gate count of more than 3,000 (2 input 
gates); or
    a.11.b. A toggle frequency exceeding 1.2 GHz;
    a.12. Fast Fourier Transform (FFT) processors having a rated 
execution time for an N-point complex FFT of less than (N 
log2 N)/20,480 ms, where N is the number of points;
    Technical Note: For the purposes of 3A001.a.12, when N is equal 
to 1,024 points, the formula in 3A001.a.12 gives an execution time 
of 500 ms.
    a.13. Direct Digital Synthesizer (DDS) integrated circuits 
having any of the following:
    a.13.a. A Digital-to-Analog Converter (DAC) clock frequency of 
3.5 GHz or more and a DAC resolution of 10 bit or more, but less 
than 12 bit; or
    a.13.b. A DAC clock frequency of 1.25 GHz or more and a DAC 
resolution of 12 bit or more;
    Technical Note: For the purposes of 3A001.a.13, the DAC clock 
frequency may be specified as the master clock frequency or the 
input clock frequency.
    a.14. Integrated circuits that perform or are programmable to 
perform all of the following:
    a.14.a. Analog-to-digital conversions meeting any of the 
following:
    a.14.a.1. A resolution of 8 bit or more, but less than 10 bit, 
with a ``sample rate'' greater than 1.3 Giga Samples Per Second 
(GSPS);
    a.14.a.2. A resolution of 10 bit or more, but less than 12 bit, 
with a ``sample rate'' greater than 1.0 GSPS;
    a.14.a.3. A resolution of 12 bit or more, but less than 14 bit, 
with a ``sample rate'' greater than 1.0 GSPS;
    a.14.a.4. A resolution of 14 bit or more, but less than 16 bit, 
with a ``sample rate'' greater than 400 Mega Samples Per Second 
(MSPS); or
    a.14.a.5. A resolution of 16 bit or more with a ``sample rate'' 
greater than 180 MSPS; and
    a.14.b. Any of the following:
    a.14.b.1. Storage of digitized data; or
    a.14.b.2. Processing of digitized data;
    N.B. 1: For analog-to-digital converter integrated circuits see 
3A001.a.5.a.
    N.B. 2: For field programmable logic devices see 3A001.a.7.
    Technical Notes: For the purposes of 3A001.a.14:
    1. A resolution of n bit corresponds to a quantization of 2n 
levels.
    2. The resolution of the ADC is the number of bits of the 
digital output of the ADC that represents the measured analog input. 
Effective Number of Bits (ENOB) is not used to determine the 
resolution of the ADC.
    3. For integrated circuits with non- interleaving ``multiple 
channel ADCs'', the ``sample rate'' is not aggregated and the 
``sample rate'' is the maximum rate of any single channel.
    4. For integrated circuits with ``interleaved ADCs'' or with 
``multiple channel ADCs'' that are specified to have an interleaved 
mode of operation, the ``sample rates'' are aggregated and the 
``sample rate'' is the maximum combined total rate of all of the 
interleaved channels.
    b. Microwave or millimeter wave items, as follows:
    Technical Note: For the purposes of 3A001.b, the parameter peak 
saturated power output may also be referred to on product data 
sheets as output power, saturated power output, maximum power 
output, peak power output, or peak envelope power output.
    N.B.: For parametric signal amplifiers or Quantum-limited 
amplifiers (QLAs) not specified by 3A001.b, see ECCN 3A901.b.
    b.1. ``Vacuum electronic devices'' and cathodes, as follows:
    Note 1: 3A001.b.1 does not control ``vacuum electronic devices'' 
designed or rated for operation in any frequency band and having all 
of the following:
    a. Does not exceed 31.8 GHz; and
    b. Is ``allocated by the ITU'' for radio-communications 
services, but not for radio-determination.
    Note 2: 3A001.b.1 does not control non-``space-qualified'' 
``vacuum electronic devices'' having all the following:
    a. An average output power equal to or less than 50 W; and
    b. Designed or rated for operation in any frequency band and 
having all of the following:
    1. Exceeds 31.8 GHz but does not exceed 43.5 GHz; and
    2. Is ``allocated by the ITU'' for radio-communications 
services, but not for radio-determination.
    b.1.a. Traveling-wave ``vacuum electronic devices,'' pulsed or 
continuous wave, as follows:
    b.1.a.1. Devices operating at frequencies exceeding 31.8 GHz;
    b.1.a.2. Devices having a cathode heater with a turn on time to 
rated RF power of less than 3 seconds;
    b.1.a.3. Coupled cavity devices, or derivatives thereof, with a 
``fractional bandwidth'' of more than 7% or a peak power exceeding 
2.5 kW;
    b.1.a.4. Devices based on helix, folded waveguide, or serpentine 
waveguide circuits, or derivatives thereof, having any of the 
following:
    b.1.a.4.a. An ``instantaneous bandwidth'' of more than one 
octave, and average power (expressed in kW) times frequency 
(expressed in GHz) of more than 0.5;
    b.1.a.4.b. An ``instantaneous bandwidth'' of one octave or less, 
and average power (expressed in kW) times frequency (expressed in 
GHz) of more than 1;
    b.1.a.4.c. Being ``space-qualified''; or
    b.1.a.4.d. Having a gridded electron gun;
    b.1.a.5. Devices with a ``fractional bandwidth'' greater than or 
equal to 10%, with any of the following:
    b.1.a.5.a. An annular electron beam;
    b.1.a.5.b. A non-axisymmetric electron beam; or
    b.1.a.5.c. Multiple electron beams;
    b.1.b. Crossed-field amplifier ``vacuum electronic devices'' 
with a gain of more than 17 dB;
    b.1.c. Thermionic cathodes, designed for ``vacuum electronic 
devices,'' producing an

[[Page 72944]]

emission current density at rated operating conditions exceeding 5 
A/cm\2\ or a pulsed (non-continuous) current density at rated 
operating conditions exceeding 10 A/cm\2\;
    b.1.d. ``Vacuum electronic devices'' with the capability to 
operate in a `dual mode.'
    Technical Note: For the purposes of 3A001.b.1.d, `dual mode' 
means the ``vacuum electronic device'' beam current can be 
intentionally changed between continuous-wave and pulsed mode 
operation by use of a grid and produces a peak pulse output power 
greater than the continuous-wave output power.
    b.2. ``Monolithic Microwave Integrated Circuit'' 
(``MMIC[hairsp]'') amplifiers that any of the following:
    N.B.: For ``MMIC'' amplifiers that have an integrated phase 
shifter see 3A001.b.12.
    b.2.a. Rated for operation at frequencies exceeding 2.7 GHz up 
to and including 6.8 GHz with a ``fractional bandwidth'' greater 
than 15%, and having any of the following:
    b.2.a.1. A peak saturated power output greater than 75 W (48.75 
dBm) at any frequency exceeding 2.7 GHz up to and including 2.9 GHz;
    b.2.a.2. A peak saturated power output greater than 55 W (47.4 
dBm) at any frequency exceeding 2.9 GHz up to and including 3.2 GHz;
    b.2.a.3. A peak saturated power output greater than 40 W (46 
dBm) at any frequency exceeding 3.2 GHz up to and including 3.7 GHz; 
or
    b.2.a.4. A peak saturated power output greater than 20 W (43 
dBm) at any frequency exceeding 3.7 GHz up to and including 6.8 GHz;
    b.2.b. Rated for operation at frequencies exceeding 6.8 GHz up 
to and including 16 GHz with a ``fractional bandwidth'' greater than 
10%, and having any of the following:
    b.2.b.1. A peak saturated power output greater than 10 W (40 
dBm) at any frequency exceeding 6.8 GHz up to and including 8.5 GHz; 
or
    b.2.b.2. A peak saturated power output greater than 5 W (37 dBm) 
at any frequency exceeding 8.5 GHz up to and including 16 GHz;
    b.2.c. Rated for operation with a peak saturated power output 
greater than 3 W (34.77 dBm) at any frequency exceeding 16 GHz up to 
and including 31.8 GHz, and with a ``fractional bandwidth'' of 
greater than 10%;
    b.2.d. Rated for operation with a peak saturated power output 
greater than 0.1 nW (-70 dBm) at any frequency exceeding 31.8 GHz up 
to and including 37 GHz;
    b.2.e. Rated for operation with a peak saturated power output 
greater than 1 W (30 dBm) at any frequency exceeding 37 GHz up to 
and including 43.5 GHz, and with a ``fractional bandwidth'' of 
greater than 10%;
    b.2.f. Rated for operation with a peak saturated power output 
greater than 31.62 mW (15 dBm) at any frequency exceeding 43.5 GHz 
up to and including 75 GHz, and with a ``fractional bandwidth'' of 
greater than 10%;
    b.2.g. Rated for operation with a peak saturated power output 
greater than 10 mW (10 dBm) at any frequency exceeding 75 GHz up to 
and including 90 GHz, and with a ``fractional bandwidth'' of greater 
than 5%; or
    b.2.h. Rated for operation with a peak saturated power output 
greater than 0.1 nW (-70 dBm) at any frequency exceeding 90 GHz;
    Note 1: [Reserved]
    Note 2: The control status of the ``MMIC'' whose rated operating 
frequency includes frequencies listed in more than one frequency 
range, as defined by 3A001.b.2.a through 3A001.b.2.h, is determined 
by the lowest peak saturated power output control threshold.
    Note 3: Notes 1 and 2 following the Category 3 heading for 
product group A. Systems, Equipment, and Components mean that 
3A001.b.2 does not control ``MMICs'' if they are ``specially 
designed'' for other applications, e.g., telecommunications, radar, 
automobiles.
    b.3. Discrete microwave transistors that are any of the 
following:
    b.3.a. Rated for operation at frequencies exceeding 2.7 GHz up 
to and including 6.8 GHz and having any of the following:
    b.3.a.1. A peak saturated power output greater than 400 W (56 
dBm) at any frequency exceeding 2.7 GHz up to and including 2.9 GHz;
    b.3.a.2. A peak saturated power output greater than 205 W (53.12 
dBm) at any frequency exceeding 2.9 GHz up to and including 3.2 GHz;
    b.3.a.3. A peak saturated power output greater than 115 W (50.61 
dBm) at any frequency exceeding 3.2 GHz up to and including 3.7 GHz; 
or
    b.3.a.4. A peak saturated power output greater than 60 W (47.78 
dBm) at any frequency exceeding 3.7 GHz up to and including 6.8 GHz;
    b.3.b. Rated for operation at frequencies exceeding 6.8 GHz up 
to and including 31.8 GHz and having any of the following:
    b.3.b.1. A peak saturated power output greater than 50 W (47 
dBm) at any frequency exceeding 6.8 GHz up to and including 8.5 GHz;
    b.3.b.2. A peak saturated power output greater than 15 W (41.76 
dBm) at any frequency exceeding 8.5 GHz up to and including 12 GHz;
    b.3.b.3. A peak saturated power output greater than 40 W (46 
dBm) at any frequency exceeding 12 GHz up to and including 16 GHz; 
or
    b.3.b.4. A peak saturated power output greater than 7 W (38.45 
dBm) at any frequency exceeding 16 GHz up to and including 31.8 GHz;
    b.3.c. Rated for operation with a peak saturated power output 
greater than 0.5 W (27 dBm) at any frequency exceeding 31.8 GHz up 
to and including 37 GHz;
    b.3.d. Rated for operation with a peak saturated power output 
greater than 1 W (30 dBm) at any frequency exceeding 37 GHz up to 
and including 43.5 GHz;
    b.3.e. Rated for operation with a peak saturated power output 
greater than 0.1 nW (-70 dBm) at any frequency exceeding 43.5 GHz; 
or
    b.3.f. Other than those specified by 3A001.b.3.a to 3A001.b.3.e 
and rated for operation with a peak saturated power output greater 
than 5 W (37.0 dBm) at all frequencies exceeding 8.5 GHz up to and 
including 31.8 GHz;
    Note 1: The control status of a transistor in 3A001.b.3.a 
through 3A001.b.3.e, whose rated operating frequency includes 
frequencies listed in more than one frequency range, as defined by 
3A001.b.3.a through 3A001.b.3.e, is determined by the lowest peak 
saturated power output control threshold.
    Note 2: 3A001.b.3 includes bare dice, dice mounted on carriers, 
or dice mounted in packages. Some discrete transistors may also be 
referred to as power amplifiers, but the status of these discrete 
transistors is determined by 3A001.b.3.
    b.4. Microwave solid state amplifiers and microwave assemblies/
modules containing microwave solid state amplifiers, that are any of 
the following:
    b.4.a. Rated for operation at frequencies exceeding 2.7 GHz up 
to and including 6.8 GHz with a ``fractional bandwidth'' greater 
than 15%, and having any of the following:
    b.4.a.1. A peak saturated power output greater than 500 W (57 
dBm) at any frequency exceeding 2.7 GHz up to and including 2.9 GHz;
    b.4.a.2. A peak saturated power output greater than 270 W (54.3 
dBm) at any frequency exceeding 2.9 GHz up to and including 3.2 GHz;
    b.4.a.3. A peak saturated power output greater than 200 W (53 
dBm) at any frequency exceeding 3.2 GHz up to and including 3.7 GHz; 
or
    b.4.a.4. A peak saturated power output greater than 90 W (49.54 
dBm) at any frequency exceeding 3.7 GHz up to and including 6.8 GHz;
    b.4.b. Rated for operation at frequencies exceeding 6.8 GHz up 
to and including 31.8 GHz with a ``fractional bandwidth'' greater 
than 10%, and having any of the following:
    b.4.b.1. A peak saturated power output greater than 70 W (48.45 
dBm) at any frequency exceeding 6.8 GHz up to and including 8.5 GHz;
    b.4.b.2. A peak saturated power output greater than 50 W (47 
dBm) at any frequency exceeding 8.5 GHz up to and including 12 GHz;
    b.4.b.3. A peak saturated power output greater than 30 W (44.77 
dBm) at any frequency exceeding 12 GHz up to and including 16 GHz; 
or
    b.4.b.4. A peak saturated power output greater than 20 W (43 
dBm) at any frequency exceeding 16 GHz up to and including 31.8 GHz;
    b.4.c. Rated for operation with a peak saturated power output 
greater than 0.5 W (27 dBm) at any frequency exceeding 31.8 GHz up 
to and including 37 GHz;
    b.4.d. Rated for operation with a peak saturated power output 
greater than 2 W (33 dBm) at any frequency exceeding 37 GHz up to 
and including 43.5 GHz, and with a ``fractional bandwidth'' of 
greater than 10%;
    b.4.e. Rated for operation at frequencies exceeding 43.5 GHz and 
having any of the following:
    b.4.e.1. A peak saturated power output greater than 0.2 W (23 
dBm) at any frequency exceeding 43.5 GHz up to and including 75 GHz, 
and with a ``fractional bandwidth'' of greater than 10%;
    b.4.e.2. A peak saturated power output greater than 20 mW (13 
dBm) at any

[[Page 72945]]

frequency exceeding 75 GHz up to and including 90 GHz, and with a 
``fractional bandwidth'' of greater than 5%; or
    b.4.e.3. A peak saturated power output greater than 0.1 nW (-70 
dBm) at any frequency exceeding 90 GHz; or
    b.4.f. [Reserved]
    N.B.:
    1. For ``MMIC'' amplifiers see 3A001.b.2.
    2. For `transmit/receive modules' and `transmit modules' see 
3A001.b.12.
    3. For converters and harmonic mixers, designed to extend the 
operating or frequency range of signal analyzers, signal generators, 
network analyzers or microwave test receivers, see 3A001.b.7.
    Note 1: [Reserved]
    Note 2: The control status of an item whose rated operating 
frequency includes frequencies listed in more than one frequency 
range, as defined by 3A001.b.4.a through 3A001.b.4.e, is determined 
by the lowest peak saturated power output control threshold.
    b.5. Electronically or magnetically tunable band-pass or band-
stop filters, having more than 5 tunable resonators capable of 
tuning across a 1.5:1 frequency band (fmax/
fmin) in less than 10 ms and having any of the following:
    b.5.a. A band-pass bandwidth of more than 0.5% of center 
frequency; or
    b.5.b. A band-stop bandwidth of less than 0.5% of center 
frequency;
    b.6. [Reserved]
    b.7. Converters and harmonic mixers, that are any of the 
following:
    b.7.a. Designed to extend the frequency range of ``signal 
analyzers'' beyond 90 GHz;
    b.7.b. Designed to extend the operating range of signal 
generators as follows:
    b.7.b.1. Beyond 90 GHz;
    b.7.b.2. To an output power greater than 100 mW (20 dBm) 
anywhere within the frequency range exceeding 43.5 GHz but not 
exceeding 90 GHz;
    b.7.c. Designed to extend the operating range of network 
analyzers as follows:
    b.7.c.1. Beyond 110 GHz;
    b.7.c.2. To an output power greater than 31.62 mW (15 dBm) 
anywhere within the frequency range exceeding 43.5 GHz but not 
exceeding 90 GHz;
    b.7.c.3. To an output power greater than 1 mW (0 dBm) anywhere 
within the frequency range exceeding 90 GHz but not exceeding 110 
GHz; or
    b.7.d. Designed to extend the frequency range of microwave test 
receivers beyond 110 GHz;
    b.8. Microwave power amplifiers containing ``vacuum electronic 
devices'' controlled by 3A001.b.1 and having all of the following:
    b.8.a. Operating frequencies above 3 GHz;
    b.8.b. An average output power to mass ratio exceeding 80 W/kg; 
and
    b.8.c. A volume of less than 400 cm\3\;
    Note: 3A001.b.8 does not control equipment designed or rated for 
operation in any frequency band which is ``allocated by the ITU'' 
for radio-communications services, but not for radio-determination.
    b.9. Microwave Power Modules (MPM) consisting of, at least, a 
traveling-wave ``vacuum electronic device,'' a ``Monolithic 
Microwave Integrated Circuit'' (``MMIC'') and an integrated 
electronic power conditioner and having all of the following:
    b.9.a. A `turn-on time' from off to fully operational in less 
than 10 seconds;
    b.9.b. A volume less than the maximum rated power in Watts 
multiplied by 10 cm\3\/W; and
    b.9.c. An ``instantaneous bandwidth'' greater than 1 octave 
(fmax > 2fmin) and having any of the 
following:
    b.9.c.1. For frequencies equal to or less than 18 GHz, an RF 
output power greater than 100 W; or
    b.9.c.2. A frequency greater than 18 GHz;
    Technical Notes: For the purposes of 3A001.b.9:
    1. To calculate the volume in 3A001.b.9.b, the following example 
is provided: for a maximum rated power of 20 W, the volume would be: 
20 W x 10 cm\3\/W = 200 cm\3\.
    2. The `turn-on time' in 3A001.b.9.a refers to the time from 
fully-off to fully operational, i.e., it includes the warm-up time 
of the MPM.
    b.10. Oscillators or oscillator assemblies, specified to operate 
with a single sideband (SSB) phase noise, in dBc/Hz, less (better) 
than - (126 + 20log10F - 20log10f) anywhere 
within the range of 10 Hz <= F <= 10 kHz;
    Technical Note: For the purposes of 3A001.b.10, F is the offset 
from the operating frequency in Hz and f is the operating frequency 
in MHz.
    b.11. `Frequency synthesizer' ``electronic assemblies'' having a 
``frequency switching time'' as specified by any of the following:
    b.11.a. Less than 143 ps;
    b.11.b. Less than 100 [micro]s for any frequency change 
exceeding 2.2 GHz within the synthesized frequency range exceeding 
4.8 GHz but not exceeding 31.8 GHz;
    b.11.c. [Reserved]
    b.11.d. Less than 500 [micro]s for any frequency change 
exceeding 550 MHz within the synthesized frequency range exceeding 
31.8 GHz but not exceeding 37 GHz;
    b.11.e. Less than 100 [micro]s for any frequency change 
exceeding 2.2 GHz within the synthesized frequency range exceeding 
37 GHz but not exceeding 75 GHz;
    b.11.f. Less than 100 [micro]s for any frequency change 
exceeding 5.0 GHz within the synthesized frequency range exceeding 
75 GHz but not exceeding 90 GHz; or
    b.11.g. Less than 1 ms within the synthesized frequency range 
exceeding 90 GHz;
    Technical Note: For the purposes of 3A001.b.11, a `frequency 
synthesizer' is any kind of frequency source, regardless of the 
actual technique used, providing a multiplicity of simultaneous or 
alternative output frequencies, from one or more outputs, controlled 
by, derived from or disciplined by a lesser number of standard (or 
master) frequencies.
    N.B.: For general purpose ``signal analyzers'', signal 
generators, network analyzers and microwave test receivers, see 
3A002.c, 3A002.d, 3A002.e and 3A002.f, respectively.
    b.12. `Transmit/receive modules,' `transmit/receive MMICs,' 
`transmit modules,' and `transmit MMICs,' rated for operation at 
frequencies above 2.7 GHz and having all of the following:
    b.12.a. A peak saturated power output (in watts), 
Psat, greater than 505.62 divided by the maximum 
operating frequency (in GHz) squared [Psat>505.62 
W*GHz\2\/fGHz\2\] for any channel;
    b.12.b. A ``fractional bandwidth'' of 5% or greater for any 
channel;
    b.12.c. Any planar side with length d (in cm) equal to or less 
than 15 divided by the lowest operating frequency in GHz [d <= 
15cm*GHz*N/fGHz] where N is the number of transmit or 
transmit/receive channels; and
    b.12.d. An electronically variable phase shifter per channel;
    Technical Notes: For the purposes of 3A001.b.12:
    1. A `transmit/receive module' is a multifunction ``electronic 
assembly'' that provides bi-directional amplitude and phase control 
for transmission and reception of signals.
    2. A `transmit module' is an ``electronic assembly'' that 
provides amplitude and phase control for transmission of signals.
    3. A `transmit/receive MMIC' is a multifunction ``MMIC[hairsp]'' 
that provides bi-directional amplitude and phase control for 
transmission and reception of signals.
    4. A `transmit MMIC' is a ``MMIC[hairsp]'' that provides 
amplitude and phase control for transmission of signals.
    5. 2.7 GHz should be used as the lowest operating frequency 
(fGHz) in the formula in 3A001.b.12.c for transmit/
receive or transmit modules that have a rated operation range 
extending downward to 2.7 GHz and below [d<=15cm*GHz*N/2.7 GHz].
    6. 3A001.b.12 applies to `transmit/receive modules' or `transmit 
modules' with or without a heat sink. The value of d in 3A001.b.12.c 
does not include any portion of the `transmit/receive module' or 
`transmit module' that functions as a heat sink.
    7. `Transmit/receive modules' or `transmit modules,' `transmit/
receive MMICs' or `transmit MMICs' may or may not have N integrated 
radiating antenna elements where N is the number of transmit or 
transmit/receive channels.
    c. Acoustic wave devices as follows and ``specially designed'' 
``components'' therefor:
    c.1. Surface acoustic wave and surface skimming (shallow bulk) 
acoustic wave devices, having any of the following:
    c.1.a. A carrier frequency exceeding 6 GHz;
    c.1.b. A carrier frequency exceeding 1 GHz, but not exceeding 6 
GHz and having any of the following:
    c.1.b.1. A `frequency side-lobe rejection' exceeding 65 dB;
    c.1.b.2. A product of the maximum delay time and the bandwidth 
(time in [micro]s and bandwidth in MHz) of more than 100;
    c.1.b.3. A bandwidth greater than 250 MHz; or
    c.1.b.4. A dispersive delay of more than 10 [micro]s; or
    c.1.c. A carrier frequency of 1 GHz or less and having any of 
the following:
    c.1.c.1. A product of the maximum delay time and the bandwidth 
(time in [mu]s and bandwidth in MHz) of more than 100;
    c.1.c.2. A dispersive delay of more than 10 [mu]s; or
    c.1.c.3. A `frequency side-lobe rejection' exceeding 65 dB and a 
bandwidth greater than 100 MHz;

[[Page 72946]]

    Technical Note: For the purposes of 3A001.c.1, `frequency side-
lobe rejection' is the maximum rejection value specified in data 
sheet.
    c.2. Bulk (volume) acoustic wave devices that permit the direct 
processing of signals at frequencies exceeding 6 GHz;
    c.3. Acoustic-optic ``signal processing'' devices employing 
interaction between acoustic waves (bulk wave or surface wave) and 
light waves that permit the direct processing of signals or images, 
including spectral analysis, correlation or convolution;
    Note: 3A001.c does not control acoustic wave devices that are 
limited to a single band pass, low pass, high pass or notch 
filtering, or resonating function.
    d. Electronic devices and circuits containing ``components,'' 
manufactured from ``superconductive'' materials, ``specially 
designed'' for operation at temperatures below the ``critical 
temperature'' of at least one of the ``superconductive'' 
constituents and having any of the following:
    d.1. Current switching for digital circuits using 
``superconductive'' gates with a product of delay time per gate (in 
seconds) and power dissipation per gate (in watts) of less than 
10-14 J; or
    d.2. Frequency selection at all frequencies using resonant 
circuits with Q-values exceeding 10,000;
    e. High energy devices as follows:
    e.1. `Cells' as follows:
    e.1.a `Primary cells' having any of the following at 20 [deg]C:
    e.1.a.1. `Energy density' exceeding 550 Wh/kg and a `continuous 
power density' exceeding 50 W/kg; or
    e.1.a.2. `Energy density' exceeding 50 Wh/kg and a `continuous 
power density' exceeding 350 W/kg;
    e.1.b. `Secondary cells' having an `energy density' exceeding 
350 Wh/kg at 20 [deg]C;
    Technical Notes:
    1. For the purposes of 3A001.e.1, `energy density' (Wh/kg) is 
calculated from the nominal voltage multiplied by the nominal 
capacity in ampere-hours (Ah) divided by the mass in kilograms. If 
the nominal capacity is not stated, energy density is calculated 
from the nominal voltage squared then multiplied by the discharge 
duration in hours divided by the discharge load in Ohms and the mass 
in kilograms.
    2. For the purposes of 3A001.e.1, a `cell' is defined as an 
electrochemical device, which has positive and negative electrodes, 
an electrolyte, and is a source of electrical energy. It is the 
basic building block of a battery.
    3. For the purposes of 3A001.e.1.a, a `primary cell' is a `cell' 
that is not designed to be charged by any other source.
    4. For the purposes of 3A001.e.1.b, a `secondary cell' is a 
`cell' that is designed to be charged by an external electrical 
source.
    5. For the purposes of 3A001.e.1.a, `continuous power density' 
(W/kg) is calculated from the nominal voltage multiplied by the 
specified maximum continuous discharge current in ampere (A) divided 
by the mass in kilograms. `Continuous power density' is also 
referred to as specific power.
    Note: 3A001.e does not control batteries, including single-cell 
batteries.
    e.2. High energy storage capacitors as follows:
    e.2.a. Capacitors with a repetition rate of less than 10 Hz 
(single shot capacitors) and having all of the following:
    e.2.a.1. A voltage rating equal to or more than 5 kV;
    e.2.a.2. An energy density equal to or more than 250 J/kg; and
    e.2.a.3. A total energy equal to or more than 25 kJ;
    e.2.b. Capacitors with a repetition rate of 10 Hz or more 
(repetition rated capacitors) and having all of the following:
    e.2.b.1. A voltage rating equal to or more than 5 kV;
    e.2.b.2. An energy density equal to or more than 50 J/kg;
    e.2.b.3. A total energy equal to or more than 100 J; and
    e.2.b.4. A charge/discharge cycle life equal to or more than 
10,000;
    e.3. ``Superconductive'' electromagnets and solenoids, 
``specially designed'' to be fully charged or discharged in less 
than one second and having all of the following:
    Note: 3A001.e.3 does not control ``superconductive'' 
electromagnets or solenoids ``specially designed'' for Magnetic 
Resonance Imaging (MRI) medical equipment.
    e.3.a. Energy delivered during the discharge exceeding 10 kJ in 
the first second;
    e.3.b. Inner diameter of the current carrying windings of more 
than 250 mm; and
    e.3.c. Rated for a magnetic induction of more than 8 T or 
``overall current density'' in the winding of more than 300 A/mm\2\;
    e.4. Solar cells, cell-interconnect-coverglass (CIC) assemblies, 
solar panels, and solar arrays, which are ``space-qualified,'' 
having a minimum average efficiency exceeding 20% at an operating 
temperature of 301 K (28 [deg]C) under simulated `AM0' illumination 
with an irradiance of 1,367 Watts per square meter (W/m\2\);
    Technical Note: For the purposes of 3A001.e.4, `AM0', or `Air 
Mass Zero', refers to the spectral irradiance of sun light in the 
earth's outer atmosphere when the distance between the earth and sun 
is one astronomical unit (AU).
    f. Rotary input type absolute position encoders having an 
``accuracy'' equal to or less (better) than 1.0 second of arc and 
``specially designed'' encoder rings, discs or scales therefor;
    g. Solid-state pulsed power switching thyristor devices and 
`thyristor modules', using either electrically, optically, or 
electron radiation controlled switch methods and having any of the 
following:
    g.1. A maximum turn-on current rate of rise (di/dt) greater than 
30,000 A/[micro]s and off-state voltage greater than 1,100 V; or
    g.2. A maximum turn-on current rate of rise (di/dt) greater than 
2,000 A/[micro]s and having all of the following:
    g.2.a. An off-state peak voltage equal to or greater than 3,000 
V; and
    g.2.b. A peak (surge) current equal to or greater than 3,000 A;
    Note 1: 3A001.g. includes:

--Silicon Controlled Rectifiers (SCRs)
--Electrical Triggering Thyristors (ETTs)
--Light Triggering Thyristors (LTTs)
--Integrated Gate Commutated Thyristors (IGCTs)
--Gate Turn-off Thyristors (GTOs)
--MOS Controlled Thyristors (MCTs)
--Solidtrons

    Note 2: 3A001.g does not control thyristor devices and 
`thyristor modules' incorporated into equipment designed for civil 
railway or ``civil aircraft'' applications.
    Technical Note: For the purposes of 3A001.g, a `thyristor 
module' contains one or more thyristor devices.
    h. Solid-state power semiconductor switches, diodes, or 
`modules', having all of the following:
    h.1. Rated for a maximum operating junction temperature greater 
than 488 K (215 [deg]C);
    h.2. Repetitive peak off-state voltage (blocking voltage) 
exceeding 300 V; and
    h.3. Continuous current greater than 1 A.
    Technical Note: For the purposes of 3A001.h, `modules' contain 
one or more solid-state power semiconductor switches or diodes.
    Note 1: Repetitive peak off-state voltage in 3A001.h includes 
drain to source voltage, collector to emitter voltage, repetitive 
peak reverse voltage and peak repetitive off-state blocking voltage.
    Note 2: 3A001.h includes:

--Junction Field Effect Transistors (JFETs)
--Vertical Junction Field Effect Transistors (VJFETs)
--Metal Oxide Semiconductor Field Effect Transistors (MOSFETs)
--Double Diffused Metal Oxide Semiconductor Field Effect Transistor 
(DMOSFET)
--Insulated Gate Bipolar Transistor (IGBT)
--High Electron Mobility Transistors (HEMTs)
--Bipolar Junction Transistors (BJTs)
--Thyristors and Silicon Controlled Rectifiers (SCRs)
--Gate Turn-Off Thyristors (GTOs)
--Emitter Turn-Off Thyristors (ETOs)
--PiN Diodes
--Schottky Diodes

    Note 3: 3A001.h does not apply to switches, diodes, or 
`modules', incorporated into equipment designed for civil 
automobile, civil railway, or ``civil aircraft'' applications.
    i. Intensity, amplitude, or phase electro-optic modulators, 
designed for analog signals and having any of the following:
    i.1. A maximum operating frequency of more than 10 GHz but less 
than 20 GHz, an optical insertion loss equal to or less than 3 dB 
and having any of the following:
    i.1.a. A `half-wave voltage' (`V[pi]') less than 2.7 V when 
measured at a frequency of 1 GHz or below; or
    i.1.b. A `V[pi]' of less than 4 V when measured at a frequency 
of more than 1 GHz; or
    i.2. A maximum operating frequency equal to or greater than 20 
GHz, an optical insertion loss equal to or less than 3 dB and having 
any of the following:
    i.2.a. A `V[pi]' less than 3.3 V when measured at a frequency of 
1 GHz or below; or
    i.2.b. A `V[pi]' less than 5 V when measured at a frequency of 
more than 1 GHz.

[[Page 72947]]

    Note: 3A001.i includes electro-optic modulators having optical 
input and output connectors (e.g., fiber-optic pigtails).
    Technical Note: For the purposes of 3A001.i, a `half-wave 
voltage' (`V[pi]') is the applied voltage necessary to make a phase 
change of 180 degrees in the wavelength of light propagating through 
the optical modulator.
    j. through y. [Reserved]
    z. Any commodity described in 3A001 that meets or exceeds the 
performance parameters in 3A090, as follows:
    z.1. ``Monolithic Microwave Integrated Circuit'' (``MMIC'') 
amplifiers described in 3A001.b.2 and discrete microwave transistors 
in 3A001.b.3 that also meet or exceed the performance parameters in 
ECCN 3A090, except those 3A001.b.2 and b.3 items being exported or 
reexported for use in civil telecommunications applications;
    z.2. Commodities that are described in 3A001.a.1.a when usable 
in ``missiles'' that also meet or exceed the performance parameters 
in ECCN 3A090; and to 3A001.a.5.a when ``designed or modified'' for 
military use, hermetically sealed and rated for operation in the 
temperature range from below -54 [deg]C to above +125 [deg]C and 
that also meet or exceed the performance parameters in ECCN 3A090;
    z.3. Pulse discharge capacitors described in 3A001.e.2 and 
superconducting solenoidal electromagnets in 3A001.e.3 that meet or 
exceed the technical parameters in 3A201.a and 3A201.b, respectively 
and that also meet or exceed the performance parameters in ECCN 
3A090;
    or
    z.4. All other commodities specified in this ECCN that meet or 
exceed the performance parameters of ECCN 3A090.
* * * * *
3A901 Electronic items, not specified by ECCN 3A001, as follows (see 
List of Items Controlled).

Reason for Control: NS, RS, AT

 
                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)
 
NS applies to entire entry................  Worldwide control. See Sec.
                                              742.4(a)(5) and (b)(10) of
                                             the EAR.
RS applies to entire entry................  Worldwide control. See Sec.
                                              742.6(a)(10) and (b)(11)
                                             of the EAR.
AT applies to entire entry................  AT Column 1.
 

List Based License Exceptions (See Part 740 for a Description of All 
License Exceptions)

LVS: N/A
GBS: N/A
IEC: Yes, see Sec.  740.2(a)(22) and Sec.  740.24 of the EAR.

Special Conditions for STA

STA: License Exception STA may not be used to ship any item in this 
ECCN to any of the destinations listed in Country Group A:5 or A:6 
(See Supplement No.1 to part 740 of the EAR).

List of Items Controlled

Related Controls: For related ``software'' see ECCN 3D901 and for 
``technology'' see ECCN 3E901.
Related Definitions: N/A
Items:

    a. Complementary Metal Oxide Semiconductor (CMOS) integrated 
circuits, not specified by 3A001.a.2, designed to operate at an 
ambient temperature equal to or less (better) than 4.5 K (-268.65 
[deg]C).
    Technical Note: For the purposes of 3A901.a, CMOS integrated 
circuits are also referred to as cryogenic CMOS or cryo-CMOS.
    b. Parametric signal amplifiers having all of the following:
    b.1. Designed for operation at an ambient temperature below 1 K 
(-272.15 [deg]C);
    b.2. Designed for operation at any frequency from 2 GHz up to 
and including 15 GHz; and
    b.3. A noise figure less (better) than 0.015 dB at any frequency 
from 2 GHz up to and including 15 GHz at 1 K (-272.15 [deg]C).
    Note: For the purposes of 3A901.b, parametric signal amplifiers 
include Travelling Wave Parametric Amplifiers (TWPAs).
    Technical Note: For the purposes of 3A901.b, parametric signal 
amplifiers may also be referred to as Quantum-limited amplifiers 
(QLAs).
* * * * *
3A904 Cryogenic cooling systems and components, as follows (see List 
of Items Controlled).

License Requirements

Reason for Control: NS, RS, AT

 
                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)
 
NS applies to entire entry................  Worldwide control. See Sec.
                                              742.4(a)(5) and (b)(10) of
                                             the EAR.
RS applies to the entire entry............  Worldwide control. See Sec.
                                              742.6(a)(10) and (b)(11)
                                             of the EAR.
AT applies to entire entry................  AT Column 1.
 

List Based License Exceptions (See Part 740 for a Description of All 
License Exceptions)

LVS: N/A
GBS: N/A
IEC: Yes, see Sec.  740.2(a)(22) and Sec.  740.24 of the EAR.

Special Conditions for STA

STA: License Exception STA may not be used to ship any item in this 
ECCN to any of the destinations listed in Country Group A:5 or A:6 
(See Supplement No. 1 to part 740 of the EAR).

List of Items Controlled

    Related Controls: See ECCN 3E901 for related technology controls 
for the ``development'' or ``production'' of this ECCN.
    Related Definitions: N/A
    Items:

    a. Systems rated to provide a cooling power greater than or 
equal to 600 [mu]W at or below a temperature of 0.1 K (-273.05 
[deg]C) for a period of greater than 48 hours;
    b. Two-stage pulse tube cryocoolers rated to maintain a 
temperature below 4 K (-269.15 [deg]C) and provide a cooling power 
greater than or equal to 1.5 W at or below a temperature of 4.2 K (-
268.95 [deg]C).
* * * * *
3B001 Equipment for the manufacturing of semiconductor devices, 
materials, or related equipment, as follows (see List of Items 
Controlled) and ``specially designed'' ``components'' and 
``accessories'' therefor.

License Requirements

Reason for Control: NS, RS, AT

 
                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)
 
NS applies to 3B001.c.1.a, 3B001.c.1.c,     Worldwide control. See Sec.
 and 3B001.q.                                 742.4(a)(5) and (b)(10) of
                                             the EAR.
RS applies to 3B001.c.1.a, 3B001.c.1.c,     Worldwide control. See Sec.
 and 3B001.q.                                 742.6(a)(10) and (b)(11)
                                             of the EAR.
NS applies to 3B001.a.1 to a.3, b, e,       NS Column 2
 f.1.a, f.2 to f.4, g to i.
NS applies to 3B001.a.4, c, d, f.1.b, j to  To or within Macau or a
 p.                                          destination specified in
                                             Country Group D:5 of
                                             supplement no. 1 to part
                                             740 of the EAR. See Sec.
                                             742.4(a)(4) of the EAR.
RS applies to 3B001.a.4, c, d, f.1.b, j to  To or within Macau or a
 p.                                          destination specified in
                                             Country Group D:5 of
                                             supplement no. 1 to part
                                             740 of the EAR. See Sec.
                                             742.6(a)(6) of the EAR.
AT applies to entire entry................  AT Column 1.
 

List Based License Exceptions (See Part 740 for a Description of All 
License Exceptions)

LVS: $500, except semiconductor manufacturing equipment specified in 
3B001.a.4, c, d, f.1.b, j to p.
GBS: Yes, except a.3 (molecular beam epitaxial growth equipment 
using gas sources), c.1.a (Equipment designed or modified for 
isotropic dry etching), c.1.c (Equipment designed or modified for 
anisotropic dry etching), .e (automatic loading multi-chamber 
central wafer handling systems only if connected to equipment 
controlled by 3B001.a.3, or .f), .f (lithography equipment) and .q 
(``EUV'' masks and reticles designed for integrated circuits, not 
specified by 3B001.g, and having a mask ``substrate blank'' 
specified by 3B001.j).
IEC: Yes for 3B001.c.1.a, c.1.c, and .q, see Sec.  740.2(a)(22) and 
Sec.  740.24 of the EAR.

Special Conditions for STA

STA: License Exception STA may not be used to ship 3B001.c.1.a, 
c.1.c, or .q to any of the destinations listed in Country Group A:5 
or A:6 (See Supplement No.1 to part 740 of the EAR).

List of Items Controlled

Related Controls: See also 3B903 and 3B991
Related Definitions: N/A
Items:

    a. Equipment designed for epitaxial growth as follows:

[[Page 72948]]

    a.1. Equipment designed or modified to produce a layer of any 
material other than silicon with a thickness uniform to less than 
 2.5% across a distance of 75 mm or more;
    Note: 3B001.a.1 includes atomic layer epitaxy (ALE) equipment.
    a.2. Metal Organic Chemical Vapor Deposition (MOCVD) reactors 
designed for compound semiconductor epitaxial growth of material 
having two or more of the following elements: aluminum, gallium, 
indium, arsenic, phosphorus, antimony, or nitrogen;
    a.3. Molecular beam epitaxial growth equipment using gas or 
solid sources;
    a.4. Equipment designed for silicon (Si), carbon doped silicon, 
silicon germanium (SiGe), or carbon doped SiGe epitaxial growth, and 
having all of the following:
    a.4.a. Multiple chambers and maintaining high vacuum (equal to 
or less than 0.01 Pa) or inert environment (water and oxygen partial 
pressure less than 0.01 Pa) between process steps;
    a.4.b. At least one preclean chamber designed to provide a 
surface preparation means to clean the surface of the wafer; and
    a.4.c. An epitaxial deposition operating temperature of 685 
[deg]C or below;
    b. Semiconductor wafer fabrication equipment designed for ion 
implantation and having any of the following:
    b.1. [Reserved]
    b.2. Being designed and optimized to operate at a beam energy of 
20 keV or more and a beam current of 10 mA or more for hydrogen, 
deuterium, or helium implant;
    b.3. Direct write capability;
    b.4. A beam energy of 65 keV or more and a beam current of 45 mA 
or more for high energy oxygen implant into a heated semiconductor 
material ``substrate''; or
    b.5. Being designed and optimized to operate at beam energy of 
20 keV or more and a beam current of 10mA or more for silicon 
implant into a semiconductor material ``substrate'' heated to 600 
[deg]C or greater;
    c. Etch equipment.
    c.1. Equipment designed for dry etching as follows:
    c.1.a. Equipment designed or modified for isotropic dry etching, 
having a largest `silicon germanium-to-silicon (SiGe:Si) etch 
selectivity' of greater than or equal to 100:1; or
    c.1.b. Equipment designed or modified for anisotropic etching of 
dielectric materials and enabling the fabrication of high aspect 
ratio features with aspect ratio greater than 30:1 and a lateral 
dimension on the top surface of less than 100 nm, and having all of 
the following:
    c.1.b.1. Radio Frequency (RF) power source(s) with at least one 
pulsed RF output; and
    c.1.b.2. One or more fast gas switching valve(s) with switching 
time less than 300 milliseconds; or
    c.1.c. Equipment designed or modified for anisotropic dry 
etching, having all of the following;
    c.1.c.1. Radio Frequency (RF) power source(s) with at least one 
pulsed RF output;
    c.1.c.2. One or more fast gas switching valve(s) with switching 
time less than 300 milliseconds; and
    c.1.c.3. Electrostatic chuck with twenty or more individually 
controllable variable temperature elements;
    c.2. Equipment designed for wet chemical processing and having a 
largest `silicon germanium-to-silicon (SiGe:Si) etch selectivity' of 
greater than or equal to 100:1;
    Note 1:  3B001.c includes etching by `radicals', ions, 
sequential reactions, or non-sequential reaction.
    Note 2: 3B001.c.1.c includes etching using RF pulse excited 
plasma, pulsed duty cycle excited plasma, pulsed voltage on 
electrodes modified plasma, cyclic injection and purging of gases 
combined with a plasma, plasma atomic layer etching, or plasma 
quasi-atomic layer etching.
    Technical Notes:
    1. For the purposes of 3B001.c, `silicon germanium-to-silicon 
(SiGe:Si) etch selectivity' is measured for a Ge concentration of 
greater than or equal to 30% (Si0.70Ge0.30).
    2. For the purposes of 3B001.c Note 1 and 3B001.d.14, `radical' 
is defined as an atom, molecule, or ion that has an unpaired 
electron in an open electron shell configuration.
    d. Semiconductor manufacturing deposition equipment, as follows:
    d.1. Equipment designed for cobalt (Co) electroplating or cobalt 
electroless-plating deposition processes;
    Note: 3B001.d.1 controls semiconductor wafer processing 
equipment.
    d.2. Equipment designed for:
    d.2.a. Chemical vapor deposition of cobalt (Co) fill metal; or
    d.2.b. Selective bottom-up chemical vapor deposition of tungsten 
(W) fill metal;
    d.3. Equipment designed to fabricate a metal contact by 
multistep processing within a single chamber by performing all of 
the following:
    d.3.a. Deposition of a tungsten layer, using an organometallic 
compound, while maintaining the wafer substrate temperature greater 
than 100 [deg]C and less than 500 [deg]C; and
    d.3.b. A plasma process using hydrogen (H2), 
including hydrogen and nitrogen (H2 + N2) or 
ammonia (NH3);
    d.4. Equipment or systems designed for multistep processing in 
multiple chambers or stations and maintaining high vacuum (equal to 
or less than 0.01 Pa) or inert environment between process steps, as 
follows:
    d.4.a. Equipment designed to fabricate a metal contact by 
performing the following processes:
    d.4.a.1. Surface treatment plasma process using hydrogen 
(H2), including hydrogen and nitrogen (H2 + 
N2) or ammonia (NH3), while maintaining the 
wafer substrate at a temperature greater than 100 [deg]C and less 
than 500 [deg]C;
    d.4.a.2. Surface treatment plasma process using oxygen 
(O2) or ozone (O3), while maintaining the 
wafer substrate at a temperature greater than 40 [deg]C and less 
than 500 [deg]C; and
    d.4.a.3. Deposition of a tungsten layer while maintaining the 
wafer substrate temperature greater than 100 [deg]C and less than 
500 [deg]C;
    d.4.b. Equipment designed to fabricate a metal contact by 
performing the following processes:
    d.4.b.1 Surface treatment process using a remote plasma 
generator and an ion filter; and
    d.4.b.2. Deposition of a cobalt (Co) layer selectively onto 
copper (Cu) using an organometallic compound;
    Note: This control does not apply to equipment that is non-
selective.
    d.4.c. Equipment designed to fabricate a metal contact by 
performing all the following processes:
    d.4.c.1. Deposition of a titanium nitride (TiN) or tungsten 
carbide (WC) layer, using an organometallic compound, while 
maintaining the wafer substrate at a temperature greater than 20 
[deg]C and less than 500 [deg]C;
    d.4.c.2. Deposition of a cobalt (Co) layer using a physical 
sputter deposition technique and having a process pressure greater 
than 133.3 mPa and less than 13.33 Pa, while maintaining the wafer 
substrate at a temperature below 500 [deg]C; and
    d.4.c.3. Deposition of a cobalt (Co) layer using an 
organometallic compound and having a process pressure greater than 
133.3 Pa and less than 13.33 kPa, while maintaining the wafer 
substrate at a temperature greater than 20 [deg]C and less than 500 
[deg]C;
    d.4.d. Equipment designed to fabricate copper (Cu) interconnects 
by performing all of the following processes:
    d.4.d.1. Deposition of a cobalt (Co) or ruthenium (Ru) layer 
using an organometallic compound and having a process pressure 
greater than 133.3 Pa and less than 13.33 kPa, while maintaining the 
wafer substrate at a temperature greater than 20 [deg]C and less 
than 500 [deg]C; and
    d.4.d.2. Deposition of a copper layer using a physical vapor 
deposition technique and having a process pressure greater than 
133.3 mPa and less than 13.33 Pa, while maintaining the wafer 
substrate at a temperature below 500 [deg]C;
    d.5. Equipment designed for plasma enhanced chemical vapor 
deposition of carbon hard masks more than 100 nm thick and with 
stress less than 450 MPa;
    d.6. Atomic Layer Deposition (ALD) equipment designed for area 
selective deposition of a barrier or liner using an organometallic 
compound;
    Note: 3B001.d.6 includes equipment capable of area selective 
deposition of a barrier layer to enable fill metal contact to an 
underlying electrical conductor without a barrier layer at the fill 
metal via interface to an underlying electrical conductor.
    d.7. Equipment designed for Atomic Layer Deposition (ALD) of 
tungsten (W) to fill an entire interconnect or in a channel less 
than 40 nm wide, while maintaining the wafer substrate at a 
temperature less than 500 [deg]C.
    d.8 Equipment designed for Atomic Layer Deposition (ALD) of 
`work function metal' having all of the following:
    d.8.a. More than one metal source of which one is designed for 
an aluminum (Al) precursor;
    d.8.b. Precursor vessel designed and enabled to operate at a 
temperature greater than 30 [deg]C; and
    d.8.c. Designed for depositing a `work function metal' having 
all of the following:

[[Page 72949]]

    d.8.c.1. Deposition of titanium-aluminum carbide (TiAlC); and
    d.8.c.2. Enabling a work function greater than 4.0eV;
    Technical Note: For the purposes of 3B001.d.8, `work function 
metal' is a material that controls the threshold voltage of a 
transistor.
    d.9. Spatial Atomic Layer Deposition (ALD) equipment having a 
wafer support platform that rotates around an axis having any of the 
following:
    d.9.a. A spatial plasma enhanced atomic layer deposition mode of 
operation;
    d.9.b. A plasma source; or
    d.9.c. A plasma shield or means to confine the plasma to the 
plasma exposure process region;
    d.10. Equipment designed for Atomic Layer Deposition (ALD) or 
Chemical Vapor Deposition (CVD) of plasma enhanced of low fluorine 
tungsten (FW) (fluorine (F) concentration less than 10\19\ atoms/
cm\3\) films;
    d.11. Equipment designed to deposit a metal layer, in a vacuum 
(equal to or less than 0.01 Pa) or inert gas environment, and having 
all of the following:
    d.11.a. A Chemical Vapor Deposition (CVD) or cyclic deposition 
process for depositing a tungsten nitride (WN) layer, while 
maintaining the wafer substrate at a temperature greater than 20 
[deg]C and less than 500 [deg]C; and
    d.11.b. A Chemical Vapor Deposition (CVD) or cyclic deposition 
process for depositing a tungsten (W) layer having a process 
pressure greater than 133.3 Pa and less than 53.33 kPa, while 
maintaining the wafer substrate at a temperature greater than 20 
[deg]C and less than 500 [deg]C.
    d.12. Equipment designed for depositing a metal layer, in a 
vacuum (equal to or less than 0.01 Pa) or inert gas environment, and 
having any of the following:
    d.12.a. Selective tungsten (W) growth without a barrier; or
    d.12.b. Selective molybdenum (Mo) growth without a barrier;
    d.13. Equipment designed for depositing a ruthenium layer (Ru) 
using an organometallic compound, while maintaining the wafer 
substrate at a temperature greater than 20 [deg]C and less than 500 
[deg]C;
    d.14. Equipment designed for deposition assisted by remotely 
generated `radicals', enabling the fabrication of a silicon (Si) and 
carbon (C) containing film, and having all of the following 
properties of the deposited film:
    d.14.a. A dielectric constant (k) of less than 5.3;
    d.14.b. An aspect ratio greater than 5:1 in features with 
lateral openings of less than 70 nm; and
    d.14.c. A feature-to-feature pitch of less than 100 nm;
    d.15. Equipment designed for void free plasma enhanced 
deposition of a low-k dielectric layer in gaps between metal lines 
less than 25 nm and having an aspect ratio greater than or equal to 
1:1 with a less than 3.3 dielectric constant;
    d.16. Equipment designed for deposition of a film, containing 
silicon and carbon, and having a dielectric constant (k) of less 
than 5.3, into lateral openings having widths of less than 70 nm and 
aspect ratios greater than 5:1 (depth: width) and a feature-to-
feature pitch of less than 100 nm, while maintaining the wafer 
substrate at a temperature greater than 400 [deg]C and less than 650 
[deg]C, and having all of the following:
    d.16.a. Boat designed to hold multiple vertically stacked 
wafers;
    d.16.b. Two or more vertical injectors; and
    d.16.c. A silicon source and propene are introduced to a 
different injector than a nitrogen source or an oxygen source;
    e. Automatic loading multi-chamber central wafer handling 
systems having all of the following:
    e.1. Interfaces for wafer input and output, to which more than 
two functionally different `semiconductor process tools' controlled 
by 3B001.a.1, 3B001.a.2, 3B001.a.3 or 3B001.b are designed to be 
connected; and
    e.2. Designed to form an integrated system in a vacuum 
environment for `sequential multiple wafer processing';
    Note: 3B001.e does not control automatic robotic wafer handling 
systems ``specially designed'' for parallel wafer processing..
    Technical Notes:
    1. For the purposes of 3B001.e, `semiconductor process tools' 
refers to modular tools that provide physical processes for 
semiconductor production that are functionally different, such as 
deposition, implant or thermal processing.
    2. For the purposes of 3B001.e, `sequential multiple wafer 
processing' means the capability to process each wafer in different 
`semiconductor process tools', such as by transferring each wafer 
from one tool to a second tool and on to a third tool with the 
automatic loading multi-chamber central wafer handling systems.
    f. Lithography equipment as follows:
    f.1. Align and expose step and repeat (direct step on wafer) or 
step and scan (scanner) equipment for wafer processing using photo-
optical or X-ray methods and having any of the following:
    f.1.a. A light source wavelength shorter than 193 nm; or
    f.1.b. A light source wavelength equal to or longer than 193 nm 
and having all of the following:
    f.1.b.1. The capability to produce a pattern with a ``Minimum 
Resolvable Feature size'' (MRF) of 45 nm or less; and
    f.1.b.2. Having any of the following:
    f.1.b.2.a. A maximum `dedicated chuck overlay' value of less 
than or equal to 1.50 nm; or
    f.1.b.2.b. A maximum `dedicated chuck overlay' value greater 
than 1.50 nm but less than or equal to 2.40 nm;
    Technical Notes: For the purposes of 3B001.f.1.b:.
    1. The `Minimum Resolvable Feature size' (MRF), i.e., 
resolution, is calculated by the following formula:
[GRAPHIC] [TIFF OMITTED] TR06SE24.000

where, for the purposes of 3.B.1.f.1.b, the K factor = 0.25 `MRF' is 
also known as resolution.
    2. `Dedicated chuck overlay' is the alignment accuracy of a new 
pattern to an existing pattern printed on a wafer by the same 
lithographic system. `Dedicated chuck overlay' is also known as 
single machine overlay.
    f.2. Imprint lithography equipment capable of production 
features of 45 nm or less;
    Note: 3B001.f.2 includes:

--Micro contact printing tools
--Hot embossing tools
--3Nano-imprint lithography tools
--.3Step and flash imprint lithography (S-FIL) tools

    f.3. Equipment ``specially designed'' for mask making having all 
of the following:
    f.3.a. A deflected focused electron beam, ion beam or ``laser'' 
beam; and
    f.3.b. Having any of the following:
    f.3.b.1. A Full-Width Half-Maximum (FWHM) spot size smaller than 
65 nm and an image placement less than 17 nm (mean + 3 sigma); or
    f.3.b.2. [Reserved]
    f.3.b.3. A second-layer overlay error of less than 23 nm (mean + 
3 sigma) on the mask;
    f.4. Equipment designed for device processing using direct 
writing methods, having all of the following:
    f.4.a. A deflected focused electron beam; and
    f.4.b. Having any of the following:
    f.4.b.1. A minimum beam size equal to or smaller than 15 nm; or
    f.4.b.2. An overlay error less than 27 nm (mean + 3 sigma);
    g. Masks and reticles, designed for integrated circuits 
controlled by 3A001;
    h. Multi-layer masks with a phase shift layer not specified by 
3B001.g and designed

[[Page 72950]]

to be used by lithography equipment having a light source wavelength 
less than 245 nm;
    Note: 3B001.h does not control multi-layer masks with a phase 
shift layer designed for the fabrication of memory devices not 
controlled by 3A001.
    N.B.: For masks and reticles, ``specially designed'' for optical 
sensors, see 6B002.
    i. Imprint lithography templates designed for integrated 
circuits by 3A001;
    j. Mask ``substrate blanks'' with multilayer reflector structure 
consisting of molybdenum and silicon, and having all of the 
following:
    j.1. ``Specially designed'' for ``Extreme Ultraviolet'' 
(``EUV'') lithography; and
    j.2. Compliant with SEMI Standard P37;
    k. Equipment designed for ion beam deposition or physical vapor 
deposition of a multi-layer reflector for ``EUV'' masks;
    l. ``EUV'' pellicles;
    m. Equipment for manufacturing ``EUV'' pellicles;
    n. Equipment designed for coating, depositing, baking, or 
developing photoresist formulated for ``EUV'' lithography;
    o. Annealing equipment, operating in a vacuum (equal to or less 
than 0.01 Pa) environment, performing any of the following:
    o.1. Reflow of copper (Cu) to minimize or eliminate voids or 
seams in copper (Cu) metal interconnects; or
    o.2. Reflow of cobalt (Co) or tungsten (W) fill metal to 
minimize or eliminate voids or seams;
    p. Removal and cleaning equipment as follows:
    p.1. Equipment designed for removing polymeric residue and 
copper oxide (CuO) film and enabling deposition of copper (Cu) metal 
in a vacuum (equal to or less than 0.01 Pa) environment;
    p.2. Single wafer wet cleaning equipment with surface 
modification drying; or
    p.3. Equipment designed for dry surface oxide removal preclean 
or dry surface decontamination.
    Note to 3B001.p.1 and p.3: These controls do not apply to 
deposition equipment.
    q. ``EUV'' masks and ``EUV'' reticles, designed for integrated 
circuits, not specified by 3B001.g, and having a mask ``substrate 
blank'' specified by 3B001.j;
    Technical Notes: For the purposes of 3B001.q, masks or reticles 
with a mounted pellicle are considered masks and reticles.
* * * * *
3B903 Scanning Electron Microscope (SEM) equipment designed for 
imaging semiconductor devices or integrated circuits, having all of 
the following (See List of Items Controlled).

License Requirements

Reason for Control: NS, RS, AT

 
                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)
 
NS applies to entire entry................  Worldwide control. See Sec.
                                              742.4(a)(5) and (b)(10) of
                                             the EAR.
RS applies to the entire entry............  Worldwide control. See Sec.
                                              742.6(a)(10) and (b)(11)
                                             of the EAR.
AT applies to entire entry................  AT Column 1.
 

List Based License Exceptions (See Part 740 for a Description of All 
License Exceptions)

LVS: N/A
GBS: N/A
IEC: Yes, see Sec.  740.2(a)(22) and Sec.  740.24 of the EAR.

Special Conditions for STA

STA: License Exception STA may not be used to ship any item in this 
ECCN to any of the destinations listed in Country Group A:5 or A:6 
(See Supplement No. 1 to part 740 of the EAR).

List of Items Controlled

Related Controls: See ECCNs 3D901 for related ``development'' or 
``production'' ``software'', ECCN 3E901 for related ``development'' 
and ``production'' ``technology''.
Related Definition: N/A
Items:

    a. Stage placement accuracy less (better) than 30 nm;
    b. Stage positioning measurement performed using laser 
interferometry;
    c. Position calibration within a field-of-view (FOV) based on 
laser interferometer length-scale measurement;
    d. Collection and storage of images having more than 2 x 10\8\ 
pixels;
    e. FOV overlap of less than 5 percent in vertical and horizontal 
directions;
    f. Stitching overlap of FOV less than 50 nm; and
    g. Accelerating voltage more than 21 kV.
    Note 1: 3B903 includes SEM equipment designed for chip design 
recovery.
    Note 2: 3B903 does not apply to SEM equipment designed to accept 
a Semiconductor Equipment and Materials International (SEMI) 
standard wafer carrier, such as a 200 mm or larger Front Opening 
Unified Pod (FOUP).

3B904 Cryogenic wafer probing ``equipment'', having all of the 
following (see List of Items Controlled).

License Requirements

Reason for Control: NS, RS, AT

 
                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)
 
NS applies to entire entry................  Worldwide control. See Sec.
                                              742.4(a)(5) and (b)(10) of
                                             the EAR.
RS applies to the entire entry............  Worldwide control. See Sec.
                                              742.6(a)(10) and (b)(11)
                                             of the EAR.
AT applies to entire entry................  AT Column 1.
 

List Based License Exceptions (See Part 740 for a Description of All 
License Exceptions)

LVS: N/A
GBS: N/A
IEC: Yes, see Sec.  740.2(a)(22) and Sec.  740.24 of the EAR.

Special Conditions for STA

STA: License Exception STA may not be used to ship any item in this 
ECCN to any of the destinations listed in Country Group A:5 or A:6 
(See Supplement No. 1 to part 740 of the EAR).

List of Items Controlled

Related Controls: See ECCN 3E901 for related technology controls for 
the ``development'' or ``production'' of this ECCN.
Related Definitions: N/A
Items:

    a. Designed to test devices at temperatures less than or equal 
to 4.5 K (-268.65 [deg]C); and
    b. Designed to accommodate wafer diameters greater than or equal 
to 100 mm.

* * * * *
3C001 Hetero-epitaxial materials consisting of a ``substrate'' 
having stacked epitaxially grown multiple layers of any of the 
following (see List of Items Controlled).

License Requirements

Reason for Control: NS, AT

 
                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)
 
NS applies to entire entry................  NS Column 2.
AT applies to entire entry................  AT Column 1.
 

List Based License Exceptions (See Part 740 for a Description of All 
License Exceptions)

LVS: $3,000
GBS: N/A

List of Items Controlled

Related Controls: (1) This entry does not control equipment or 
material whose functionality has been unalterably disabled. (2) See 
also ECCNs 3C907 (Epitaxial materials), 3C908 (Fluorides, hydrides, 
chlorides, of silicon or germanium), and 3C909 (Silicon, silicon 
oxides, germanium or germanium oxides).
Related Definitions: N/A
Items:

    a. Silicon (Si);
    b. Germanium (Ge);
    c. Silicon Carbide (SiC); or
    d. ``III/V compounds'' of gallium or indium.
    Note: 3C001.d does not apply to a ``substrate'' having one or 
more P-type epitaxial layers of GaN, InGaN, AlGaN, InAlN, InAlGaN, 
GaP, GaAs, AlGaAs, InP, InGaP, AlInP or InGaAlP, independent of the 
sequence of the elements, except if the P-type epitaxial layer is 
between N-type layers.
    e. Gallium Oxide (Ga2O3); or
    f. Diamond.
    N.B.: For materials having layers of isotopically enriched 
Silicon or Germanium isotopes, see 3C907.
* * * * *
3C907 Epitaxial materials consisting of a ``substrate'' having at 
least one epitaxially grown layer of any of the following (see List 
of Items Controlled).

License Requirements

Reason for Control: NS, RS, AT

 
                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)
 
NS applies to entire entry................  Worldwide control. See Sec.
                                              742.4(a)(5) and (b)(10) of
                                             the EAR.

[[Page 72951]]

 
RS applies to the entire entry............  Worldwide control. See Sec.
                                              742.6(a)(10) and (b)(11)
                                             of the EAR.
AT applies to entire entry................  AT Column 1.
 

List Based License Exceptions (See Part 740 for a Description of All 
License Exceptions)

LVS: N/A
GBS: N/A
IEC: Yes, see Sec.  740.2(a)(22) and Sec.  740.24 of the EAR.

Special Conditions for STA

STA: License Exception STA may not be used to ship any item in this 
ECCN to any of the destinations listed in Country Group A:5 or A:6 
(See Supplement No.1 to part 740 of the EAR).

List of Items Controlled

Related Controls: See ECCN 3E901 for related technology controls for 
the ``development'' or ``production'' of this ECCN.
Related Definitions: N/A
Items:
    a. Silicon having an isotopic impurity less than 0.08% of 
silicon isotopes other than silicon-28 or silicon-30; or
    b. Germanium having an isotopic impurity less than 0.08% of 
germanium isotopes other than germanium-70, germanium-72, germanium-
74, or germanium-76.

3C908 Fluorides, hydrides, chlorides, of silicon or germanium, 
containing any of the following (see List of Items Controlled).

License Requirements

Reason for Control: NS, RS, AT

 
                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)
 
NS applies to entire entry................  Worldwide control. See Sec.
                                              742.4(a)(5) and (b)(10) of
                                             the EAR.
RS applies to entire entry................  Worldwide control. See Sec.
                                              742.6(a)(10) and (b)(11)
                                             of the EAR.
RS applies to the entire entry............  Worldwide control. See Sec.
                                              742.6(a)(10) and (b)(11)
                                             of the EAR.
 

List Based License Exceptions (See Part 740 for a Description of All 
License Exceptions)

LVS: N/A
GBS: N/A
IEC: Yes, see Sec.  740.2(a)(22) and Sec.  740.24 of the EAR.

Special Conditions for STA

STA: License Exception STA may not be used to ship any item in this 
ECCN to any of the destinations listed in Country Group A:5 or A:6 
(See Supplement No.1 to part 740 of the EAR).

List of Items Controlled

Related Controls: See ECCN 3E901 for related technology controls for 
the ``development'' or ``production'' of this ECCN.
Related Definitions: N/A
Items:
    a. Silicon having an isotopic impurity less than 0.08% of 
silicon isotopes other than silicon-28 or silicon-30; or
    b. Germanium having an isotopic impurity less than 0.08% of 
germanium isotopes other than germanium-70, germanium-72, germanium-
74, or germanium-76.

3C909 Silicon, silicon oxides, germanium or germanium oxides, 
containing any of the following (see List of Items Controlled).

License Requirements

Reason for Control: NS, RS, AT

 
                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)
 
NS applies to entire entry................  Worldwide control. See Sec.
                                              742.4(a)(5) and (b)(10) of
                                             the EAR.
RS applies to the entire entry............  Worldwide control. See Sec.
                                              742.6(a)(10) and (b)(11)
                                             of the EAR.
AT applies to entire entry................  AT Column 1.
 

List Based License Exceptions (See Part 740 for a Description of All 
License Exceptions)

LVS: N/A
GBS: N/A
IEC: Yes, see Sec.  740.2(a)(22) and Sec.  740.24 of the EAR.

Special Conditions for STA

STA: License Exception STA may not be used to ship any item in this 
ECCN to any of the destinations listed in Country Group A:5 or A:6 
(See Supplement No.1 to part 740 of the EAR).

List of Items Controlled

Related Controls See ECCN 3E901 for related technology controls for 
the ``development'' or ``production'' of this ECCN.
Related Definitions: N/A
Items:
    a. Silicon having an isotopic impurity less than 0.08% of 
silicon isotopes other than silicon-28 or silicon-30; or
    b. Germanium having an isotopic impurity less than 0.08% of 
germanium isotopes other than germanium-70, germanium-72, germanium-
74, or germanium-76.
    Note: 3C909 includes ``substrates'', lumps, ingots, boules and 
preforms.
    N.B.: For materials having layers of isotopically enriched 
silicon (Si) or germanium (Ge) isotopes, see 3C907.
* * * * *
3D001 ``Software'' ``specially designed'' for the ``development'' or 
``production'' of commodities controlled by 3A001.b to 3A002.h, 
3A090, or 3B (except 3B903, 3B904, 3B991 and 3B992).

License Requirements

Reason for Control: NS, RS, AT

 
                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)
 
NS applies to ``software'' for equipment    Worldwide control.See Sec.
 controlled by 3B001.c.1.a, 3B001.c.1.c,     742.4(a)(5) and (b)(10) of
 and 3B001.q.                                the EAR.
RS applies to ``software'' for equipment    Worldwide control.See Sec.
 controlled by 3B001.c.1.a, 3B001.c.1.c,     742.6(a)(10) and (b)(11) of
 and 3B001.q.                                the EAR.
NS applies to ``software'' for commodities  NS Column 1.
 controlled by 3A001.b to 3A001.h,
 3A001.z, and 3B (except 3B001.a.4, c, d,
 f.1.b, j to p, 3B002.b and c).
NS applies to ``software'' for commodities  To or within destinations
 controlled by 3B001.a.4, c, d, f.1.b, j     specified in Country Group
 to p, 3B002.b and c.                        D:5 of supplement no. 1 to
                                             part 740 of the EAR or
                                             Macau. See Sec.
                                             742.4(a)(4) of the EAR.
RS applies to ``software'' for commodities  To or within destinations
 controlled by 3A001.z and 3A090.            specified in Country Groups
                                             D:1, D:4, and D:5 of
                                             supplement no. 1 to part
                                             740 of the EAR, excluding
                                             any destination also
                                             specified in Country Groups
                                             A:5 or A:6. See Sec.
                                             742.6(a)(6)(iii) of the
                                             EAR.
AT applies to entire entry................  AT Column 1.
 

Reporting Requirements

    See Sec.  743.1 of the EAR for reporting requirements for 
exports under License Exceptions, Special Comprehensive Licenses, 
and Validated End-User authorizations.

List Based License Exceptions (See Part 740 for a Description of All 
License Exceptions)

TSR: Yes, except for ``software'' ``specially designed'' for the 
``development'' or ``production'' of Traveling Wave Tube Amplifiers 
described in 3A001.b.8 having operating frequencies exceeding 18 
GHz; or commodities specified in 3A090, 3B001.a.4, c, d, f.1.b, j to 
p, and 3B002.b and c.

    Note: See Sec.  740.2(a)(9)(ii) of the EAR for license exception 
restrictions for ECCN 3D001 ``software'' for commodities controlled 
by 3A001.z and 3A090.

IEC: Yes, for ``software'' for equipment controlled by 3B001.c.1.a, 
3B001.c.1.c, and 3B001.q, see Sec.  740.2(a)(22) and Sec.  740.24 of 
the EAR.

Special Conditions for STA

STA: License Exception STA may not be used to ship or transmit 
``software'' ``specially designed'' for the ``development'' or 
``production'' of equipment specified by 3B001.c.1.a, c.1.b, or .q 
to any of the destinations listed in Country Group A:5 or A:6 (See 
Supplement No.1 to part 740 of the EAR); and 3A090, 3A002.g.1, 
3B001.a.4, a.2, c, d, f.1.b, j to p, or 3B002.b and c to any of the 
destinations listed in Country Group A:6.

List of Items Controlled

Related Controls: N/A
Related Definitions: N/A
Items: The list of items controlled is contained in the ECCN 
heading.


[[Page 72952]]


3D002 ``Software'' ``specially designed'' for the ``use'' of 
equipment controlled by 3B001.a to .f and .j to .p, or 3B002.

License Requirements

Reason for Control: NS, RS, AT

 
                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)
 
NS applies to entire entry, except          NS Column 1.
 ``software'' for 3B001.a.4 c, d, f.1.b, j
 to p, 3B002.b and c.
NS applies to ``software'' for equipment    Worldwide control. See Sec.
 controlled by 3B001.c.1.a or c.1.c.          742.4(a)(5) and (b)(10) of
                                             the EAR.
RS applies to ``software'' for equipment    Worldwide control. See Sec.
 controlled by 3B001.c.1.a or c.1.c.          742.6(a)(10) and (b)(11)
                                             of the EAR.
NS applies to ``software'' for 3B001.a.4,   To or within Macau or a
 c, d, f.1.b,j to p, 3B002.b and c.          destination specified in
                                             Country Group D:5 of
                                             supplement no. 1 to part
                                             740 of the EAR. See Sec.
                                             742.4(a)(4) of the EAR.
RS applies to ``software'' for 3B001.a.4,   To or within Macau or a
 c, d, f.1.b, j to p, 3B002.b and c.         destination specified in
                                             Country Group D:5 of
                                             supplement no. 1 to part
                                             740 of the EAR. See Sec.
                                             742.6(a)(6) of the EAR.
AT applies to entire entry................  AT Column 1.
 

    License Requirements Note: See Sec.  744.17 of the EAR for 
additional license requirements for microprocessors having a 
processing speed of 5 GFLOPS or more and an arithmetic logic unit 
with an access width of 32 bit or more, including those 
incorporating ``information security'' functionality, and associated 
``software'' and ``technology'' for the ``production'' or 
``development'' of such microprocessors.

List Based License Exceptions (See Part 740 for a Description of All 
License Exceptions)

TSR: Yes, except N/A for RS.
IEC: Yes, for ``software'' for equipment controlled by 3B001.c.1.a 
and 3B001.c.1.c, see Sec.  740.2(a)(22) and Sec.  740.24 of the EAR.

Special Conditions for STA

STA: License Exception STA may not be used to ship or transmit 
``software'' ``specially designed'' for the ``use'' of equipment 
specified by 3B001.c.1.a or c.1.b to any of the destinations listed 
in Country Group A:5 or A:6 (See Supplement No.1 to part 740 of the 
EAR)

List of Items Controlled

Related Controls: Also see 3D991.
Related Definitions: N/A
Items: The list of items controlled is contained in the ECCN 
heading.
* * * * *
3D901 ``Software'', not specified elsewhere, ``specially designed'' 
or modified for the ``development'' or ``production'' of items 
specified in ECCN 3A901.b, 3B903, or 3B904.

License Requirements

Reason for Control: NS, RS, AT

 
                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)
 
NS applies to entire entry................  Worldwide control. See Sec.
                                              742.4(a)(5) and (b)(10) of
                                             the EAR.
RS applies to entire entry................  Worldwide control. See Sec.
                                              742.6(a)(10) and (b)(11)
                                             of the EAR.
AT applies to entire entry................  AT Column 1.
 

Special Reporting: Deemed exports and deemed reexports of 
``software'' specified in this ECCN for commodities in ECCNs 
3A901.b, and 3B904 are subject to reporting requirements in 
accordance with Sec.  743.8 of the EAR.

List Based License Exceptions (See Part 740 for a Description of All 
License Exceptions)

TSR: N/A
IEC: Yes, see Sec.  740.2(a)(22) and Sec.  740.24 of the EAR.

Special Conditions for STA

STA: License Exception STA may not be used to ship any item in this 
ECCN to any of the destinations listed in Country Group A:5 or A:6 
(See Supplement No.1 to part 740 of the EAR).

List of Items Controlled

Related Controls: N/A
Related Definitions: N/A
Items: The list of items controlled is contained in the ECCN 
heading.
* * * * *
3D907 ``Software'' designed to extract ``GDSII'' or equivalent 
standard layout data and perform layer-to-layer alignment from SEM 
images, and generate multi-layer ``GDSII'' data or the circuit 
netlist.

License Requirements

 Reason for Control: NS, RS, AT

 
                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)
 
NS applies to entire entry................  Worldwide control. See Sec.
                                              742.4(a)(5) and (b)(10) of
                                             the EAR.
RS applies to the entire entry............  Worldwide control. See Sec.
                                              742.6(a)(10) and (b)(11)
                                             of the EAR.
AT applies to entire entry................  AT Column 1.
 

List Based License Exceptions (See Part 740 for a Description of All 
License Exceptions)

TSR: N/A
IEC: Yes, see Sec.  740.2(a)(22) and Sec.  740.24 of the EAR.

Special Conditions for STA

STA: License Exception STA may not be used to ship any item in this 
ECCN to any of the destinations listed in Country Group A:5 or A:6 
(See Supplement No.1 to part 740 of the EAR).

List of Items Controlled

Related Controls: An example of an equivalent standard to ``GDSII'' 
would be Open Artwork System Interchange Standard (OASIS).
Related Definitions: N/A
Items: The list of items controlled is contained in the ECCN 
heading.
* * * * *

E. ``Technology''

    Note 1 to Cat 3 Product Group E: 3E001 and 3E905 do not apply to 
`Process Design Kits' (`PDKs') unless they include libraries 
implementing functions or technologies for items specified by 3A001.
    Technical Note: For the purposes of 3E001 and 3E905, a `Process 
Design Kit' (`PDK') is a software tool provided by a semiconductor 
manufacturer to ensure that the required design practices and rules 
are taken into account in order to successfully produce a specific 
integrated circuit design in a specific semiconductor process, in 
accordance with technological and manufacturing constraints (each 
semiconductor manufacturing process has its particular `PDK').
3E001 ``Technology'' according to the General Technology Note for 
the ``development'' or ``production'' of commodities controlled by 
3A (except 3A901, 3A904, 3A980, 3A981, 3A991, 3A992, or 3A999), 3B 
(except 3B903, 3B904, 3B991 or 3B992) or 3C (except 3C907, 3C908, 
3C909, or 3C992).

License Requirements

Reason for Control: NS, MT, NP, RS, AT

 
                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)
 
NS applies to ``technology'' for            NS Column 1.
 commodities controlled by 3A001, 3A002,
 3A003, 3B001 (except 3B001 a.4, c, d,
 f.1.b, j to p), 3B002 (except 3B002.b and
 c), or 3C001 to 3C006.
NS applies to ``technology'' for equipment  Worldwide control. See Sec.
 controlled by 3B001.c.1.a, 3B001.c.1.c,      742.4(a)(5) and (b)(10) of
 and 3B001.q.                                the EAR.
RS applies to ``technology'' for equipment  Worldwide control. See Sec.
 controlled by 3B001.c.1.a, 3B001.c.1.c,      742.6(a)(10) and (b)(11)
 and 3B001.q.                                of the EAR.
NS applies to ``technology'' for 3B001      To or within Macau or a
 a.4, c, d, f.1.b, j to p, 3B002.b and c.    destination specified in
                                             Country Group D:5 of
                                             supplement no. 1 to part
                                             740 of the EAR. See Sec.
                                             742.4(a)(4) of the EAR.
MT applies to ``technology'' for            MT Column 1.
 commodities controlled by 3A001 or 3A101
 for MT Reasons.
NP applies to ``technology'' for            NP Column 1.
 commodities controlled by 3A001, 3A201,
 or 3A225 to 3A234 for NP reasons.

[[Page 72953]]

 
RS applies to ``technology'' for            Worldwide (See Sec.
 commodities controlled in 3A090, when       742.6(a)(6)(ii).
 exported from Macau or a destination
 specified in Country Group D:5.
RS applies to ``technology'' for            To or within destinations
 commodities controlled by 3A001.z, 3A090.   specified in Country Groups
                                             D:1, D:4, and D:5 of
                                             supplement no. 1 to part
                                             740 of the EAR, excluding
                                             any destination also
                                             specified in Country Groups
                                             A:5 or A:6. See Sec.
                                             742.6(a)(6)(iii) of the
                                             EAR.
RS applies to ``technology'' for            To or within destinations
 commodities controlled by 3B001.a.4, c,     specified in Country Group
 d, f.1.b, j to p, 3B002.b and c.            D:5 of supplement no. 1 to
                                             part 740 of the EAR or
                                             Macau. See Sec.
                                             742.6(a)(6)(i) of the EAR.
RS applies to ``technology'' for            RS Column 2.
 commodities controlled by 3A001.a.15 or
 b.13, 3A004, 3B003, 3C007, 3C008, or
 3C009.
AT applies to entire entry................  AT Column 1.
 

    License Requirements Note: See Sec.  744.17 of the EAR for 
additional license requirements for microprocessors having a 
processing speed of 5 GFLOPS or more and an arithmetic logic unit 
with an access width of 32 bit or more, including those 
incorporating ``information security'' functionality, and associated 
``software'' and ``technology'' for the ``production'' or 
``development'' of such microprocessors.

Reporting Requirements

    See Sec.  743.1 of the EAR for reporting requirements for 
exports under License Exceptions, Special Comprehensive Licenses, 
and Validated End-User authorizations.

List Based License Exceptions (See Part 740 for a Description of All 
License Exceptions)

TSR: Yes, except N/A for MT, and ``technology'' for the 
``development'' or ``production'' of: (a) vacuum electronic device 
amplifiers described in 3A001.b.8, having operating frequencies 
exceeding 19 GHz; (b) solar cells, coverglass-interconnect-cells or 
covered-interconnect-cells (CIC) ``assemblies'', solar arrays and/or 
solar panels described in 3A001.e.4; (c) ``Monolithic Microwave 
Integrated Circuit'' (``MMIC'') amplifiers in 3A001.b.2; and (d) 
discrete microwave transistors in 3A001.b.3; (e) commodities 
described in 3A090, 3B001.a.4, c, d, f.1.b, j to p, 3B002.b and c.
    Note: See Sec.  740.2(a)(9)(ii) of the EAR for license exception 
restrictions for ECCN 3E001 ``technology'' for commodities 
controlled by 3A001.z, 3A090.
IEC: Yes, for ``technology'' for equipment controlled by 
3B001.c.1.a, 3B001.c.1.c, and 3B001.q, see Sec.  740.2(a)(22) and 
Sec.  740.24 of the EAR.

Special Conditions for STA

STA: License Exception STA may not be used to ship or transmit 
``technology'' according to the General Technology Note for the 
``development'' or ``production'' of equipment specified by ECCNs 
3A002.g.1 or 3B001.a.2 to any of the destinations listed in Country 
Group A:6 (See Supplement No.1 to part 740 of the EAR). License 
Exception STA may not be used to ship or transmit ``technology'' 
according to the General Technology Note for the ``development'' or 
``production'' of components specified by ECCN 3A001.b.2, b.3, 
commodities specified in 3A090, 3B001.a.4, c, d, f.1.b, j to q, or 
3B002.b and c, to any of the destinations listed in Country Group 
A:5 or A:6 (See Supplement No.1 to part 740 of the EAR).

List of Items Controlled

Related Controls: (1) ``Technology'' according to the General 
Technology Note for the ``development'' or ``production'' of certain 
``space-qualified'' atomic frequency standards described in Category 
XV(e)(9), MMICs described in Category XV(e)(14), and oscillators 
described in Category XV(e)(15) of the USML are ``subject to the 
ITAR'' (see 22 CFR parts 120 through 130). See also 3E101, 3E201 and 
9E515. (2) ``Technology'' for ``development'' or ``production'' of 
``Microwave Monolithic Integrated Circuits'' (``MMIC'') amplifiers 
in 3A001.b.2 is controlled in this ECCN 3E001; 5E001.d refers only 
to that additional ``technology'' ``required'' for 
telecommunications.
Related Definition: N/A
Items: The list of items controlled is contained in the ECCN 
heading.
    Note 1: 3E001 does not control ``technology'' for equipment or 
``components'' controlled by 3A003.
    Note 2: 3E001 does not control ``technology'' for integrated 
circuits controlled by 3A001.a.3 to a.14 or .z, having all of the 
following:
    (a) Using ``technology'' at or above 0.130 [micro]m; and
    (b) Incorporating multi-layer structures with three or fewer 
metal layers.
* * * * *
3E901 ``Technology'' according to the General Technology Note for 
the ``development'' or ``production'' of items controlled by ECCN 
3A901, 3A904, 3B903, 3B904, 3C907, 3C908, or 3C909.

License Requirements

Reason for Control: NS, RS, AT

 
                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)
 
NS applies to entire entry................  Worldwide control. See Sec.
                                              742.4(a)(5) and (b)(10) of
                                             the EAR.
RS applies to the entire entry............  Worldwide control. See Sec.
                                              742.6(a)(10) and (b)(11)
                                             of the EAR.
AT applies to entire entry................  AT Column 1.
 

Special Reporting: Deemed exports and deemed reexports of 
``technology'' specified in this ECCN are subject to reporting 
requirements in accordance with Sec.  743.8 of the EAR.

List Based License Exceptions (See Part 740 for a Description of All 
License Exceptions)

TSR: N/A
IEC: Yes, see Sec.  740.2(a)(22) and Sec.  740.24 of the EAR.

Special Conditions for STA

STA: License Exception STA may not be used to ship any item in this 
ECCN to any of the destinations listed in Country Group A:5 or A:6 
(See Supplement No.1 to part 740 of the EAR).

List of Items Controlled

Related Controls: N/A
Related Definitions: N/A
Items:
    The list of items controlled is contained in the ECCN heading.

3E905 ``Technology'' according to the General Technology Note for 
the ``development'' or ``production'' of integrated circuits or 
devices, using ``Gate all-around Field-Effect Transistor'' 
(``GAAFET'') structures.

License Requirements

Reason for Control: NS, RS, AT

 
                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)
 
NS applies to entire entry................  Worldwide control. See Sec.
                                              742.4(a)(5) and (b)(10) of
                                             the EAR.
RS applies to the entire entry............  Worldwide control. See Sec.
                                              742.6(a)(10) and (b)(11)
                                             of the EAR.
AT applies to entire entry................  AT Column 1.
 

List Based License Exceptions (See Part 740 for a Description of All 
License Exceptions)

TSR: N/A
IEC: Yes, see Sec.  740.2(a)(22) and Sec.  740.24 of the EAR.

Special Conditions for STA

STA: License Exception STA may not be used to ship any item in this 
ECCN to any of the destinations listed in Country Group A:5 or A:6 
(See Supplement No.1 to part 740 of the EAR).
    Note: See General Order No. 6 in supplement no. 1 to part 736 
for additional authorization that may apply for exports, reexports, 
or transfers (in-country) of this item.

List of Items Controlled

Related Controls: 1. ECCN 3E905 applies to process ``technology'' 
exclusively for the ``development'' or ``production'' of GAAFET 
structures of integrated circuits at a semiconductor wafer 
production facility. ECCN 3E905 does not, for example, control an 
integrated circuit design such as the physical layout file in 
``GDSII'' format or EDA tools, or any other technology used to 
produce the physical layout file for integrated circuit design. 2. 
ECCN 3E905 does not apply to vertical GAAFET architectures, e.g., 
those used for 3D NAND.
Related Definitions: N/A
Items: The list of items controlled is contained in the ECCN 
heading.
    Note 1: 3E905 includes `process recipes'.

[[Page 72954]]

    Note 2: 3E905. does not apply for tool qualification or 
maintenance.
    Technical Note: For the purposes of Note 1 to 3E905, a `process 
recipe' is a set of conditions and parameters for a particular 
process step.
4A906 Quantum computers and related ``electronic assemblies,'' and 
``components'' therefor, as follows (see List of Items Controlled).

License Requirements

Reason for Control: NS, RS, AT

 
                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)
 
NS applies to entire entry................  Worldwide control. See Sec.
                                              742.4(a)(5) and (b)(10) of
                                             the EAR.
RS applies to the entire entry............  Worldwide control. See Sec.
                                              742.6(a)(10) and (b)(11)
                                             of the EAR.
AT applies to entire entry................  AT Column 1.
 

List Based License Exceptions (See Part 740 for a Description of All 
License Exceptions)

LVS: N/A
GBS: N/A
IEC: Yes, see Sec.  740.2(a)(22) and Sec.  740.24 of the EAR.

Special Conditions for STA

STA: License Exception STA may not be used to ship any item in this 
ECCN to any of the destinations listed in Country Group A:5 or A:6 
(See Supplement No.1 to part 740 of the EAR).

List of Items Controlled

Related Controls: See ECCN 4D906 for related ``software'' controls 
for the ``development'' or ``production'' of this ECCN. See ECCN 
4E906 for related ``technology'' controls for the ``development'' or 
``production'' of this ECCN.
Related Definitions: N/A
Items:

    a. Quantum computers, as follows:
    a.1. Quantum computers supporting 34 or more, but fewer than 
100, `fully controlled', `connected' and `working' `physical 
qubits', and having a `C-NOT error' of less than or equal to 
10-4;
    a.2. Quantum computers supporting 100 or more, but fewer than 
200, `fully controlled', `connected' and `working' `physical 
qubits', and having a `C-NOT error' of less than or equal to 
10-3;
    a.3. Quantum computers supporting 200 or more, but fewer than 
350, `fully controlled', `connected' and `working' `physical 
qubits', and having a `C-NOT error' of less than or equal to 2 x 
10-3;
    a.4. Quantum computers supporting 350 or more, but fewer than 
500, `fully controlled', `connected' and `working' `physical 
qubits', and having a `C-NOT error' of less than or equal to 3 x 
10-3;
    a.5. Quantum computers supporting 500 or more, but fewer than 
700, `fully controlled', `connected' and `working' `physical 
qubits', and having a `C-NOT error' of less than or equal to 4 x 
10-3;
    a.6. Quantum computers supporting 700 or more, but fewer than 
1,100, `fully controlled', `connected' and `working' `physical 
qubits', and having a `C-NOT error' of less than or equal to 5 x 
10-3;
    a.7. Quantum computers supporting 1,100 or more, but fewer than 
2,000, `fully controlled', `connected' and `working' `physical 
qubits', and having a `C-NOT error' of less than or equal to 6 x 
10-3;
    a.8. Quantum computers supporting 2,000 or more `fully 
controlled', `connected' and `working' `physical qubits';
    b. Qubit devices and qubit circuits, containing or supporting 
arrays of `physical qubits', and ``specially designed'' for items 
specified by 4A906.a;
    c. Quantum control components and quantum measurement devices, 
``specially designed'' for items specified by 4A906.a;
    Note 1: 4A906 applies to circuit model (or gate-based) and one-
way (or measurement-based) quantum computers. This entry does not 
apply to adiabatic (or annealing) quantum computers.
    Note 2: Items specified by 4A906 may not necessarily physically 
contain any qubits. For example, quantum computers based on photonic 
schemes do not permanently contain a physical item that can be 
identified as a qubit. Instead, the photonic qubits are generated 
while the computer is operating and then later discarded.
    Note 3: Items specified by 4A906.b include semiconductor, 
superconducting, and photonic qubit chips and chip arrays; surface 
ion trap arrays; other qubit confinement technologies; and coherent 
interconnects between such items.
    Note 4: 4A906.c applies to items designed for calibrating, 
initializing, manipulating or measuring the resident qubits of a 
quantum computer.
    Technical Notes: For the purposes of 4A906:
    1. A `physical qubit' is a two-level quantum system used to 
represent the elementary unit of quantum logic by means of 
manipulations and measurements that are not error corrected. 
`Physical qubits' are distinguished from logical qubits, in that 
logical qubits are error-corrected qubits comprised of many 
`physical qubits'.
    2. `Fully controlled' means the `physical qubit' can be 
calibrated, initialized, gated, and read out, as necessary.
    3. `Connected' means that two-qubit gate operations can be 
performed between any arbitrary pair of the available `working' 
`physical qubits'. This does not necessarily entail all-to-all 
connectivity.
    4. `Working' means that the `physical qubit' performs universal 
quantum computational work according to the system specifications 
for qubit operational fidelity.
    5. Supporting 34 or more `fully controlled', `connected', 
`working' `physical qubits' refers to the capability of a quantum 
computer to confine, control, measure and process the quantum 
information embodied in 34 or more `physical qubits'.
    6. `C-NOT error' is the average physical gate error for the 
nearest-neighbor two-`physical qubit' Controlled-NOT (C-NOT) gates.
* * * * *
4D001 ``Software'' as follows (see List of Items Controlled).

License Requirements

Reason for Control: NS, RS, CC, AT

 
                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)
 
NS applies to entire entry................  NS Column 1.
RS applies to ``software'' for commodities  To or within destinations
 controlled by 4A003.z, 4A004.z, and         specified in Country Groups
 4A005.z.                                    D:1, D:4, and D:5 of
                                             supplement no. 1 to part
                                             740 of the EAR, excluding
                                             any destination also
                                             specified in Country Groups
                                             A:5 or A:6. See Sec.
                                             742.6(a)(6)(iii) of the
                                             EAR.
CC applies to ``software'' for              CC Column 1.
 computerized finger-print equipment
 controlled by 4A003 for CC reasons.
AT applies to entire entry................  AT Column 1.
 

Reporting Requirements

    See Sec.  743.1 of the EAR for reporting requirements for 
exports under License Exceptions, and Validated End-User 
authorizations.

List Based License Exceptions (See Part 740 for a Description of All 
License Exceptions)

TSR: Yes, except for ``software'' for the ``development'' or 
``production'' of the following:

    (1) Commodities with an ``Adjusted Peak Performance'' (``APP'') 
exceeding 29 WT; or
    (2) Commodities controlled by 4A005 or ``software'' controlled 
by 4D004.

APP: Yes to specific countries (see Sec.  740.7 of the EAR for 
eligibility criteria).
ACE: Yes for 4D001.a (for the ``development'', ``production'' or 
``use'' of equipment or ``software'' specified in ECCN 4A005 or 
4D004), except to Country Group E:1 or E:2. See Sec.  740.22 of the 
EAR for eligibility criteria.
    Note: See Sec.  740.2(a)(9)(ii) for license exception 
restrictions for ``software'' for commodities controlled by 4A003.z, 
4A004.z, and 4A005.z.

Special Conditions for STA

STA: License Exception STA may not be used to ship or transmit 
``software'' ``specially designed'' or modified for the 
``development'' or ``production'' of equipment specified by ECCN 
4A001.a.2 or for the ``development'' or ``production'' of ``digital 
computers'' having an `Adjusted Peak Performance' (`APP') exceeding 
29 Weighted TeraFLOPS (WT) to any of the destinations listed in 
Country Group A:6 (See Supplement No.1 to part 740 of the EAR); and 
may not be used to ship or transmit ``software'' specified in 
4D001.a ``specially designed'' for the ``development'' or 
``production'' of equipment specified by ECCN 4A005 to any of the 
destinations listed in Country Group A:5 or A:6.

List of Items Controlled

Related Controls: N/A
Related Definitions: N/A
Items:


[[Page 72955]]


    a. ``Software'' ``specially designed'' or modified for the 
``development'' or ``production'', of equipment or ``software'' 
controlled by 4A001, 4A003, 4A004, 4A005 or 4D (except 4D090, 4D906, 
4D980, 4D993 or 4D994).
    b. ``Software'', other than that controlled by 4D001.a, 
``specially designed'' or modified for the ``development'' or 
``production'' of equipment as follows:
    b.1. ``Digital computers'' having an ``Adjusted Peak 
Performance'' (``APP'') exceeding 24 Weighted TeraFLOPS (WT);
    b.2. ``Electronic assemblies'' ``specially designed'' or 
modified for enhancing performance by aggregation of processors so 
that the ``APP'' of the aggregation exceeds the limit in 4D001.b.1.
* * * * *
4D906 ``Software'' ``specially designed'' or modified for the 
``development'' or ``production'' of commodities controlled by 
4A906.b or 4A906.c.

License Requirements

Reason for Control: NS, RS, AT

 
                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)
 
NS applies to entire entry................  Worldwide control. See Sec.
                                              742.4(a)(5) and (b)(10) of
                                             the EAR.
RS applies to the entire entry............  Worldwide control. See Sec.
                                              742.6(a)(10) and (b)(11)
                                             of the EAR.
AT applies to entire entry................  AT Column 1.
 

Special Reporting: Deemed exports and deemed reexports of 
``software'' specified in this ECCN are subject to reporting 
requirements in accordance with Sec.  743.8 of the EAR.

List Based License Exceptions (See Part 740 for a Description of All 
License Exceptions)

TSR: N/A
IEC: Yes, see Sec.  740.2(a)(22) and Sec.  740.24 of the EAR.

Special Conditions for STA

STA: License Exception STA may not be used to ship any item in this 
ECCN to any of the destinations listed in Country Group A:5 or A:6 
(See Supplement No.1 to part 740 of the EAR).

List of Items Controlled

Related Controls: See ECCN 4E906 for related ``technology'' controls 
for the ``development'' or ``production'' of this ECCN.
Related Definitions: N/A
Items: The list of items controlled is contained in the ECCN 
heading.
* * * * *
4E001 ``Technology'' as follows (see List of Items Controlled).

License Requirements

Reason for Control: NS, MT, RS, CC, AT

 
                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)
 
NS applies to entire entry, except for      NS Column 1.
 ``technology'' for 4A090 or ``software''
 specified by 4D090.
MT applies to ``technology'' for items      MT Column 1.
 controlled by 4A001.a and 4A101 for MT
 reasons.
RS applies to ``technology'' for            To or within destinations
 commodities controlled by 4A003.z,          specified in Country Groups
 4A004.z, 4A005.z, 4A090 or ``software''     D:1, D:4, and D:5 of
 specified by 4D001 (for 4A003.z, 4A004.z,   supplement no. 1 to part
 and 4A005.z), 4D090.                        740 of the EAR, excluding
                                             any destination also
                                             specified in Country Groups
                                             A:5 or A:6. See Sec.
                                             742.6(a)(6)(iii) of the
                                             EAR.
CC applies to ``software'' for              CC Column 1.
 computerized finger-print equipment
 controlled by 4A003 for CC reasons.
AT applies to entire entry................  AT Column 1.
 

Reporting Requirements

    See Sec.  743.1 of the EAR for reporting requirements for 
exports under License Exceptions, and Validated End-User 
authorizations.

List Based License Exceptions (See Part 740 for a description of all 
license exceptions)

TSR: Yes, except for the following:

    (1) ``Technology'' for the ``development'' or ``production'' of 
commodities with an ``Adjusted Peak Performance'' (``APP'') 
exceeding 70 WT or for the ``development'' or ``production'' of 
commodities controlled by 4A005 or ``software'' controlled by 4D004; 
or
    (2) ``Technology'' for the ``development'' of ``intrusion 
software''.

APP: Yes, to specific countries (see Sec.  740.7 of the EAR for 
eligibility criteria).
ACE: Yes for 4E001.a (for the ``development'', ``production'' or 
``use'' of equipment or ``software'' specified in ECCN 4A005 or 
4D004); and for 4E001.c, except to Country Group E:1 or E:2. See 
Sec.  740.22 of the EAR for eligibility criteria.

    Note: See Sec.  740.2(a)(9)(ii) of the EAR for license exception 
restrictions for technology for .z paragraphs under ECCNs 4A003, 
4A004, 4A005 or 4A090, or ``software'' specified by 4D001 (for 
4A003.z, 4A004.z, 4A005.z, and 4A090).

Special Conditions for STA

STA: License Exception STA may not be used to ship or transmit 
``technology'' according to the General Technology Note for the 
``development'' or ``production'' of any of the following equipment 
or ``software'': a. Equipment specified by ECCN 4A001.a.2; b. 
``Digital computers'' having an 'Adjusted Peak Performance' ('APP') 
exceeding 70 Weighted TeraFLOPS (WT); or c. ``software'' specified 
in the License Exception STA paragraph found in the License 
Exception section of ECCN 4D001 to any of the destinations listed in 
Country Group A:6 (See Supplement No. 1 to part 740 of the EAR).

List of Items Controlled

Related Controls: N/A
Related Definitions: N/A
Items:

    a. ``Technology'' according to the General Technology Note, for 
the ``development'', ``production'', or ``use'' of equipment or 
``software'' controlled by 4A (except 4A906, 4A980 or 4A994 and 
``use'' of equipment controlled under 4A090) or 4D (except 4D906, 
4D980, 4D993, 4D994 and ``use'' of software controlled under 4D090).
    b. ``Technology'' according to the General Technology Note, 
other than that controlled by 4E001.a, for the ``development'' or 
``production'' of equipment as follows:
    b.1. ``Digital computers'' having an ``Adjusted Peak 
Performance'' (``APP'') exceeding 24 Weighted TeraFLOPS (WT);
    b.2. ``Electronic assemblies'' ``specially designed'' or 
modified for enhancing performance by aggregation of processors so 
that the ``APP'' of the aggregation exceeds the limit in 4E001.b.1.
    c. ``Technology'' for the ``development'' of ``intrusion 
software.''
    Note 1: 4E001.a and .c do not apply to ``vulnerability 
disclosure'' or ``cyber incident response''.
    Note 2: Note 1 does not diminish national authorities' rights to 
ascertain compliance with 4E001.a and .c.
* * * * *
4E906 ``Technology'' according to the General Technology Note as 
follows (see List of Items Controlled).

License Requirements

Reason for Control: NS, RS, AT

 
                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)
 
NS applies to entire entry................  Worldwide control. See Sec.
                                              742.4(a)(5) and (b)(10) of
                                             the EAR.
RS applies to the entire entry............  Worldwide control. See Sec.
                                              742.6(a)(10) and (b)(11)
                                             of the EAR.
AT applies to entire entry................  AT Column 1.
 

    Special Reporting: Deemed exports and deemed reexports of 
``technology'' specified in this ECCN are subject to reporting 
requirements in accordance with Sec.  743.8 of the EAR.

List Based License Exceptions (See Part 740 for a description of all 
license exceptions)

TSR: N/A
IEC: Yes, see Sec.  740.2(a)(22) and Sec.  740.24 of the EAR.

Special Conditions for STA

STA: License Exception STA may not be used to ship any item in this 
ECCN to any of the destinations listed in Country Group A:5 or A:6 
(See Supplement No.1 to part 740 of the EAR).

[[Page 72956]]

List of Items Controlled

Related Controls: N/A
Related Definitions: N/A
Items:
    a. ``Technology'' for the ``development'' or ``production'' of 
items controlled by 4A906.b, 4A906.c, or 4D906;
    b. ``Technology'' for ``use'' of ``software'' controlled by 
4D906.
* * * * *

Thea D. Rozman Kendler,
Assistant Secretary for Export Administration.
[FR Doc. 2024-19633 Filed 9-5-24; 8:45 am]
BILLING CODE 3510-33-P