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CSMS # 61882672 - Update to AES to Revise the Name License Code C68 (NAC) (NO notification required)
On October 25, 2023, the Department of Commerce, Bureau of Industry and Security (BIS) published an interim final rule “Export Controls on Semiconductor Manufacturing Items” (SME IFR) and “Implementation of Additional Export Controls: Certain Advanced Computing Items; Supercomputer and Semiconductor End Use; Updates and Corrections” (AC/S IFR).
On April 4, 2024, BIS published a rule “Implementation of Additional Export Controls: Certain Advanced Computing Items; Supercomputer and Semiconductor End Use; Updates and Corrections; and Export Controls on Semiconductor Manufacturing Items; Corrections and Clarifications,” to correct inadvertent errors in those rules and make additional clarifications for the rule. (See: https://www.federalregister.gov/documents/2024/04/04/2024-07004/implementation-of-additional-export-controls-certain-advanced-computing-items-supercomputer-and).
This rule revises the header of § 740.8 to reference License Exception ACA in addition to License Exception NAC. BIS has separated License Exception NAC into two separate license exceptions that will reside in the same section of the EAR § 740.8: Notified Advanced Computing (NAC) will authorize exports and reexports of specified items to Macau and destinations in Country Group D:5 and entities headquartered in, or with an ultimate parent headquartered in, Macau or a destination specified in Country Group D:5, wherever located, that require a notification to BIS, while Advanced Computing Authorized (ACA) will authorize exports, reexports, and transfers (in-country) of specified items to destinations in Country Group D:1 or D:4 (except Macau and destinations specified in Country Group D:5) that do not require a notification to BIS. License Exception ACA will also authorize transfers (in-country) to Macau and destinations in Country Group D:5, and entities headquartered in, or with an ultimate parent headquartered in, Macau or a destination specified in Country Group D:5, that do not require a notification to BIS.
Update to License Code C68 (NAC) (NO notification required)
An update has been made to AES to revise the name of License Code C68 to Advanced Computing Authorized (ACA) (NO notification required)
The full terms of License Exception ACA are described in § 740.8.
AES filers must adhere to the following new reporting when using C68 (ACA) (No notification required) to prevent the return of fatal errors from AES:
- Report License Code: C68 Advanced Computing Authorized (ACA) (NO notification required), if no advanced notification was required.
- Report License Number: Report “ACA” in the license number block.
- Allowable ECCNs: 3A090, 4A090, 3A001, 4A003, 4A004, 4A005, 5A002, 5A004, 5A992, 5D002, or 5D992.
- Allowable countries: Destinations specified in Country Groups D:1, D:4, and D:5.
- “.z” must be entered as the first characters to appear in the Commodity Description block for 3A001.z, 4A003.z, 4A004.z, 4A005.z, 5A002.z, 5A004.z, 5A992.z, 5D002.z, or 5D992.z.
- Allowable Export Information Codes: All except UG
- Allowable Modes of Transportation: All except ‘70’ (Fixed Transport)
Please note that all license exceptions are also subject to the restrictions in § 740.2 and part 746 of the EAR, which would remove eligibility for embargoed and sanctioned countries (e.g., Belarus, Cuba, Russia, Iran, and Syria).
A complete list of all the AES License Codes and reporting instructions for these types can be found at: https://www.cbp.gov/document/guidance/aestir-appendix-f-license-and-license-exemption-type-codes.
For questions regarding these upcoming AES changes, please contact the Bureau of Industry and Security at one of the phone numbers below:
- Outreach and Educational Services Division (located in Washington, DC) (202) 482-4811
- Office of Technology Evaluation (located in Washington, DC): (202) 482-4933
- Western Regional Office (located in Irvine, CA) (949) 660–0144
- Northern California branch (located in San Jose, CA) (408) 998-8806
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