ECCN 3A090, 4A090, 3A001.z, 4A003.z, 4A004.z, 4A005.z, 5A002.z,
5A004.z, 5A992.z, 5D002.z, or 5D992.z, except for items designed or
marketed for use in a datacenter and meeting the parameters of 3A090.a.
License Exception NAC authorizes exports, reexports, and transfers (in-
country) to or within any destination specified in Country Groups D:1
or D:4, and transfers (in-country) within Macau or any destination
specified in Country Group D:5, provided your export, reexport, or
transfer (in-country) meets all of the applicable criteria identified
under paragraph (b) of this section. The notification requirements do
not apply for transfers (in-country). License Exception NAC also
permits exports and reexports to Macau or a destination specified in
Country Group D:5, or to an entity headquartered in, or with an
ultimate parent headquartered in, Macau or a destination specified in

Country Group D:5, of these items, provided your export or reexport
meets all of the applicable criteria identified under paragraphs (b)
and (c) of this section, as applicable:
    (1) Written purchase order. The export or reexport is made pursuant
to a written purchase order unless specifically excepted in this
section. Exports or reexports of commercial samples are not subject to
this purchase order requirement, but such transactions are obligated to
comply with paragraph (a)(2) of this section.
    (2) Notification to BIS. Prior to any exports or reexports to Macau
or a destination specified in Country Group D:5, the exporter or
reexporter must notify BIS in accordance with the procedures set forth
in paragraph (c) of this section. For multiple exports or reexports,
the exporter or reexporter need only notify BIS prior to the first
export or reexport. A notification under this paragraph is not required
for transfers (in-country) within Macau or a destination specified in
Country Group D:5. BIS will provide further information on the
notification process in policy guidance.
    (b) Restrictions. License Exception NAC may not be used for
restricted activities under paragraph (b)(1) or (2) of this section.
    (1) Prohibited end uses and end users. No exports, reexports, or
transfers (in-country) may be made under License Exception NAC that are
subject to a license requirement under part 744 or 746 of the EAR,
except for a license required under Sec.  744.23(a)(3) for reexports or
exports to any destination other than those specified in Country Groups
D:1, D:4, or D:5 (excluding any destination also specified in Country
Groups A:5 or A:6) for an entity that is headquartered in, or whose
ultimate parent company is headquartered in, either Macau or a
destination specified in Country Group D:5; and
    (2) `Military end use' or `military end user.' No exports,
reexports, or transfers (in-country) may be made under License
Exception NAC to or for a `military end use,' as defined in Sec.
744.21(f), or `military end user,' as defined in Sec.  744.21(g).
    (c) Prior notification procedures--(1) Procedures. At least twenty-
five calendar days prior to exports or reexports to or within Macau or
a destination specified in Country Group D:5, you must provide prior
notification under License Exception NAC by submitting a completed
application in SNAP-R in accordance with Sec.  748.1 of the EAR. The
following blocks must be completed, as appropriate: Blocks 1, 2, 3, 4,
5 (by marking box 5 ``Other''), 9, 14, 16, 17, 18, 19, 21, 22 (a), (e),
(f), (g), (h), (i), (j), 22(d), 23, 24, and 25 according to the
instructions described in supplement no. 1 to part 748 of the EAR. Box
9 under special purpose must include NAC.
    (2) Action by BIS. If the information provided is complete, BIS
will inform you within twenty-five calendar days of notification if you
may use License Exception NAC. Note that the fact that you have been
advised by BIS that you can use License Exception NAC does not exempt
you from other licensing requirements under the EAR, such as those
based on ``knowledge'' of a prohibited end use or end user as
referenced in general prohibition five (part 736 of the EAR) and set
forth in part 744 of the EAR.
    (3) Status of pending NAC notification requests. You must log into
BIS's System for Tracking Export License Applications (STELA) (https://snapr.bis.doc.gov/stela) for status of your pending NAC notification or
to verify the status in BIS's Simplified Network Applications
Processing Redesign (SNAP-R) System. STELA will provide the date the
NAC notification is registered. STELA will, on the twenty-fifth
calendar day following the date of registration, provide a confirmation
of the fact that you can use License Exception NAC and a NAC
confirmation number to be submitted in AES or provide you with
confirmation if you cannot use License Exception NAC. In addition, BIS
may provide such confirmation by email, telephone, fax, courier
service, or other means.

0
16. Effective November 17, 2023, Sec.  740.16 is amended by revising
paragraphs (a)(2) and (b)(2)(ii) to read as follows:

Sec.  740.16  Additional permissive reexports (APR).

* * * * *
    (a) * * *
    (2) The commodities being reexported are not controlled for NP, CB,
MT, SI, or CC reasons; described in ECCNs 0A919, 3A001.b.2, b.3 (except
those that are being reexported for use in civil telecommunications
applications), or .z, 6A002, or 6A003; or commodities classified under
a 0x5zz ECCN; and
* * * * *
    (b) * * *
    (2) * * *
    (ii) Commodities in 3A001.b.2, b.3 (except those that are being
reexported for use in civil telecommunications applications), or .z;
* * * * *

0
17. Effective November 17, 2023, Sec.  740.17 is amended by revising
the fifth sentence of the introductory text and revising paragraphs
(b)(1), (b)(2)(i)(D), the note to paragraph (b)(2), paragraphs (b)(3)
introductory text (retaining note), (b)(3)(i) introductory text,
(b)(3)(iii)(B), and (b)(3)(iv), the second sentence of paragraph (e)(3)
introductory text, and revising paragraph (f)(1) to read as follows:

Sec.  740.17  Encryption Commodities, Software and Technology (ENC).

    * * * Items described in paragraphs (b)(1) and (b)(3)(i),
(b)(3)(ii) or (b)(3)(iv) of this section that meet the criteria set
forth in Note 3 to Category 5--Part 2 of the Commerce Control List (the
``mass market'' note) are classified under ECCN 5A992 or 5D992
following self-classification or classification by BIS and are no
longer subject to ``EI'' and ``NS'' controls. * * *
* * * * *
    (b) * * *
    (1) Immediate authorization. This paragraph (b)(1) authorizes the
exports, reexports, and transfers (in-country) of the associated
commodities self-classified under ECCNs 5A002.a, z.1, or 5B002, and
equivalent or related software therefor classified under 5D002, except
any such commodities, software, or components described in paragraph
(b)(2) or (3) of this section, subject to submission of a self-
classification report in accordance with Sec.  740.17(e)(3) of the EAR.
Items described in this paragraph (b)(1) that meet the criteria set
forth in Note 3 to Category 5--Part 2 of the Commerce Control List (the
``mass market'' note) are classified as ECCN 5A992 or 5D992 following
self-classification or classification by BIS and are removed from
``EI'' and ``NS'' controls.
    (2) * * *
    (i) * * *
    (D) Quantum cryptography. ECCN 5A002.c, z.3, or 5D002 ``quantum
cryptography'' commodities or software;
* * * * *

    Note to paragraph (b)(2):  Commodities, components, and software
classified under ECCNs 5A002.b, z.2, or 5D002.b or z.5, for the
``cryptographic activation'' of commodities or software specified by
paragraph (b)(2) of this section are also controlled under paragraph
(b)(2) of this section.

    (3) Classification request required for specified commodities,
software, and components. Thirty (30) days after a classification
request is submitted to BIS in accordance with paragraph (d) of this
section and subject to the reporting requirements in paragraph (e) of
this section, this paragraph authorizes exports, reexports, and
transfers (in-country) of the items submitted for

classification, as further described in this paragraph (b)(3), to any
end user, provided the item does not perform the functions, or
otherwise meet the specifications, of any item described in paragraph
(b)(2) of this section. Items described in paragraph (b)(3)(ii) or (iv)
of this section that meet the criteria set forth in Note 3 to Category
5--Part 2 of the CCL (the ``mass market'' note) are classified under
ECCN 5A992 or 5D992 following classification by BIS.
* * * * *
    (i) Non-``mass market'' ``components,'' toolsets, and toolkits.
Specified components classified under ECCN 5A002.a, or z.1, and
equivalent or related software classified under ECCN 5D002 that do not
meet the criteria set forth in Note 3 to Category 5--Part 2 of the CCL
(the ``mass market'' note) and are not described by paragraph (b)(2) or
(b)(3)(ii) of this section, as follows:
* * * * *
    (iii) * * *
    (B) Digital forensics and investigative tools. Items specified in
ECCNs: 5A004.b, z.3; 5D002.a.3.b or z.4; or 5D002.c.3.b or z.9 in
supplement no. 1 to part 774 of the EAR.
    (iv) ``Cryptographic activation'' commodities, components, and
software. Commodities, components, and software classified under ECCNs
5A002.b, z.2, or 5D002.b or z.5, where the product or cryptographic
functionality is not otherwise described in paragraph (b)(2) or
(b)(3)(i) of this section.
* * * * *
    (e) * * *
    (3) * * * Specifically, this reporting requirement applies to
``mass market'' encryption components and `executable software' that
meet the criteria of the Cryptography Note--Note 3 to Category 5--Part
2 of the CCL (``mass market'' note) and are classified under ECCN 5A992
or 5D992 following self-classification, as well as to non-``mass
market'' encryption commodities and software that remain classified in
ECCN 5A002, 5B002, or 5D002 following self-classification, provided
these items are not further described by paragraph (b)(2) or (3) of
this section.
* * * * *
    (f) * * *
    (1) ``Cryptanalytic items,'' classified in ECCN 5A004.a, z.1 or
z.2, 5D002.a.3.a, c.3.a, z.3, or z.8, or 5E002;
* * * * *

0
18. Effective November 17, 2023, Sec.  740.19 is amended by revising
paragraphs (b) introductory text and (b)(16) and adding paragraph
(b)(17) to read as follows:

Sec.  740.19  Consumer communications devices (CCD).

* * * * *
    (b) Eligible commodities and software. Commodities and ``software''
in paragraphs (b)(1) through (17) of this section are eligible for
export, reexport, or transfer (in-country) under this section to and
within Cuba, Russia, and Belarus.
* * * * *
    (16) Consumer ``software'' (except ``encryption source code'')
classified under ECCNs 4D994, 5D991 or 5D992.c or designated EAR99 to
be used for equipment described in paragraphs (b)(1) through (17) of
this section; and
    (17) Commodities described under 3A991.p or 4A994.l.
* * * * *

PART 742--CONTROL POLICY--CCL BASED CONTROLS

0
19. 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 8, 2022, 87 FR 68015 (November 10,
2022).

0
20. Effective November 17, 2023, Sec.  742.6 is amended by revising
paragraphs (a)(6) and (b)(10) to read as follows:

Sec.  742.6  Regional stability.

    (a) * * *
    (6) RS requirement that applies to advanced computing and
semiconductor manufacturing items--(i) Exports, reexports, transfers
(in-country) to or within Macau or Country Group D:5. A license is
required for items specified in ECCNs 3B001.a.4, c, d, f.1.b, k to p,
3B002.b and c; and associated software and technology in 3D001 (for
3B001.a.4, c, d, f.1.b, k to p, 3B002.b and c), 3D002 (for 3B001a.4, c,
d, f.1.b, k to p, 3B002.b and c), and 3E001 (for 3B001a.4, c, d, f.1.b,
k to p, 3B002.b and c) being exported, reexported, or transferred (in-
country) to or within Macau or a destination specified in Country Group
D:5 in supplement no. 1 to part 740 of the EAR.
    (ii) Exports from abroad originating in either Macau or a
destination specified in Country Group D:5. A license is also required
for the export from abroad originating in either Macau or a destination
specified in Country Group D:5 to any destination worldwide excluding
any destination also specified in Country Groups A:5 or A:6, of 3E001
(for 3A090) technology developed by an entity headquartered in, or
whose ultimate parent company is headquartered in, either Macau or a
destination specified in Country Group D:5 that is the direct product
of software subject to the EAR and is for the ``production'' of
commodities identified in ECCNs 3A090, 4A090, 3A001.z, 4A003.z,
4A004.z, 4A005.z, 5A002.z, 5A004.z, or 5A992.z, consistent with Sec.
734.9(h)(1)(i)(B)(1) and (h)(2)(ii) of the EAR.
    (iii) Exports, reexports, transfers (in-country) to or within
destinations specified in Country Groups D:1, D:4, and D:5, excluding
destinations also specified in Country Groups A:5 or A:6. A license is
required for items specified in ECCNs 3A001.z; 3A090; 3D001 (for
``software'' for commodities controlled by 3A001.z, 3A090); 3E001 (for
``technology'' for commodities controlled by 3A001.z, 3A090); 4A003.z;
4A004.z; 4A005.z; 4A090; 4D001 (for ``software'' for commodities
controlled by 4A003.z, 4A004.z, and 4A005.z); 4D090 (for ``software''
for commodities controlled by 4A090); 4E001 (for ``technology'' for
commodities controlled by 4A003.z, 4A004.z, 4A005.z, 4A090 or
``software'' specified by 4D001 (for 4A003.z, 4A004.z, and 4A005.z),
4D090 (for ``software'' for commodities controlled by 4A090)); 5A002.z;
5A004.z; 5A992.z; 5D002.z; 5D992.z; 5E002 (for ``technology'' for
commodities controlled by 5A002.z or 5A004.z or ``software'' specified
by 5D002 (for 5A002.z or 5A004.z commodities)); or 5E992 (for
``technology'' for commodities controlled by 5A992.z or ``software''
controlled by 5D992.z) being exported, reexported, or transferred (in-
country) to or within a destination specified in Country Groups D:1,
D:4, and D:5, excluding destinations also specified in Country Groups
A:5 or A:6, in supplement no. 1 to part 740 of the EAR.
    (iv) Deemed exports and reexports. The license requirements in
paragraphs (a)(6)(i) through (iii) of this section do not apply to
deemed exports or deemed reexports.
* * * * *
    (b) * * *
    (10) Advanced computing and semiconductor manufacturing items--(i)
License review policy for paragraphs (a)(6)(i) and (ii) of this
section. License applications for items specified in

paragraphs (a)(6)(i) and (ii) of this section will be reviewed
consistent with license review policies in Sec.  744.23(d) of the EAR,
except applications will be reviewed on a case-by-case basis if no
license would be required under part 744 of the EAR.
    (ii) License review policy for paragraph (a)(6)(iii) of this
section. License applications for items specified in paragraph
(a)(6)(iii) of this section to or within destinations not specified in
Country Group D:5 (except Macau) will be reviewed on a presumption of
approval basis, unless the export, reexport, or transfer (in-country)
is to an entity headquartered in, whose ultimate parent company is
headquartered in, either Macau or a destination specified in Country
Group D:5, in which case license applications will be reviewed under a
presumption of denial. License applications for items to or within
Macau or destinations specified in Country Group D:5 for items
specified in paragraph (a)(6)(iii) will be reviewed under a presumption
of denial.
* * * * *

0
21. Effective November 17, 2023, Sec.  742.15 is amended by revising
the third, fourth, and fifth sentences of paragraph (a)(1) to read as
follows:

Sec.  742.15  Encryption items.

* * * * *
    (a) * * *
    (1) * * * Following classification or self-classification, items
that meet the criteria of Note 3 to Category 5--Part 2 of the Commerce
Control List (the ``mass market'' note), are classified under ECCN
5A992 or 5D992 and are no longer subject to this Section (see Sec.
740.17 of the EAR). Before submitting a license application, please
review License Exception ENC to determine whether this license
exception is available for your item or transaction. For exports,
reexports, or transfers (in-country) of encryption items that are not
eligible for a license exception, you must submit an application to
obtain authorization under a license or an Encryption Licensing
Arrangement.
* * * * *

PART 744--CONTROL POLICY: END-USER AND END-USE BASED

0
22. The authority citation for part 744 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; 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. 13099, 63 FR 45167, 3
CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp.,
p. 783; E.O. 13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 786; Notice
of November 8, 2022, 87 FR 68015, 3 CFR, 2022 Comp., p. 563; Notice
of September 7, 2023, 88 FR 62439 (September 11, 2023).

0
23. Effective November 17, 2023, Sec.  744.6 is amended by revising
paragraphs (c)(2)(i) and (ii) and adding paragraphs (c)(3) and (d)(1)
to read as follows:

Sec.  744.6  Restrictions on specific activities of ``U.S. persons.''

* * * * *
    (c) * * *
    (2) * * *
    (i) ``Development'' or ``production'' of ``advanced-node ICs.'' To
or within Macau or a destination specified in Country Group D:5, any
item not subject to the EAR that you know will be used in the
``development'' or ``production'' of integrated circuits at a
``facility'' of an entity headquartered in, or whose ultimate parent
company is headquartered in, either Macau or a destination specified in
Country Group D:5 where ``production'' of ``advanced-node integrated
circuits'' occurs;
    (ii) Category 3 items for ``development'' or ``production'' of
``advanced-node ICs.'' To or within Macau or a destination specified in
Country Group D:5, any item not subject to the EAR and meeting the
parameters of any ECCN in Product Groups B, C, D, or E in Category 3 of
the CCL that you know will be used in the ``development'' or
``production'' of integrated circuits at a ``facility'' of an entity
headquartered in, or whose ultimate parent company is headquartered in,
either Macau or a destination specified in Country Group D:5 where
``production'' of integrated circuits occurs, but you do not know
whether ``production'' of ``advanced-node integrated circuits'' occurs
at such ``facility'';
* * * * *
    (3) Scope of activities of ``U.S. persons'' that require a license
under paragraph (c)(2) of this section. (i) Controlled activities. The
U.S. persons controls in paragraphs (c)(2)(i) through (iii) of this
section apply to persons who:
    (A) Authorize the shipment, transmittal, or transfer (in-country)
of items not subject to the EAR and described in paragraphs (c)(2)(i)
through (iii) of this section;
    (B) Conduct the delivery, by shipment, transmittal, or transfer
(in-country), of items not subject to the EAR described in paragraphs
(c)(2)(i) through (iii) of this section; or
    (C) Service, including maintaining, repairing, overhauling, or
refurbishing items not subject to the EAR described in paragraphs
(c)(2)(i) through (iii) of this section.
    (ii) Due diligence. Appropriate due diligence includes but is not
limited to review of publicly available information, capability of
items to be provided, proprietary market data, and end-use statements.
``U.S. persons'' should conduct due diligence to assess whether the
item is for the ``development'' or ``production'' of ``advanced-node
integrated circuits'' at a ``facility'' of an entity headquartered in,
or whose ultimate parent company is headquartered in, either Macau or a
destination specified in Country Group D:5, consistent with paragraphs
(c)(2)(i) through (iii) of this section. As set forth in paragraph
(c)(2)(ii), for items specified in Category 3B, 3C, 3D, or 3E ECCNs,
license requirements may apply even when the ``U.S. person'' does not
know whether the activity is for the ``development'' or ``production''
of ``advanced-node integrated circuits.'' In addition, some of the
exclusions may require due diligence, such as those in paragraphs
(d)(3) and (5) of this section. ``U.S. persons'' should follow the
``Know Your Customer'' guidance in supplement no. 3 to part 732 of the
EAR. ``U.S. persons'' can also submit Advisory Opinion requests to BIS
pursuant to Sec.  748.3(c) of the EAR for guidance on specific
fabrication facilities. To submit an Advisory Opinion request, email
[email protected].
    (d) * * *
    (1) Exclusion of certain administrative and clerical activities and
information otherwise excluded--(i) Exclusion of certain administrative
and clerical activities. Given the policy objective of these controls,
the ``U.S. persons'' criteria in paragraphs (c)(2)(i) through (iii) of
this section do not extend to ``U.S. persons'' conducting
administrative or clerical activities (e.g., arranging for shipment or
preparing financial documents) or otherwise implementing a decision to
approve a restricted shipment, transmittal, or in-country transfer, or
to activities of ``U.S. persons'' that are not directly related to the
provision or servicing of specific items to the ``development'' or
``production'' of ``advanced-node integrated circuits.''
    (ii) Exclusion of information otherwise excluded under the EAR
under part 734. The exclusion of certain activities specified in
paragraph (c)(3) of this section only applies to paragraph (c)(2) of
this section, and does not, for example, limit the scope of paragraph

(b) of this section or apply to other uses of the term facilitate or
facilitation found elsewhere in the EAR. The scope of paragraph (c)(2)
of this section does not include information or software that would
otherwise be excluded from the EAR based on the exclusion criteria
under part 734, e.g., under Sec.  734.7 (entitled ``Published'') Tand
Sec.  734.8 ``Technology'' or ``software'' that arises during, or
results from, fundamental research.
    (iii) Exclusion of law enforcement and intelligence operations of
the U.S. Government. Given the policy objective of these controls, the
``U.S. persons'' criteria in paragraphs (c)(2)(i) through (iii) of this
section do not extend to ``U.S. persons'' conducting law enforcement
and intelligence operations of the U.S. Government.
* * * * *

0
24. Effective November 17, 2023, Sec.  744.23 is amended by revising
paragraphs (a)(1)(ii) and (a)(2) and adding paragraph (a)(3) to read as
follows:

Sec.  744.23  ``Supercomputer'' and semiconductor manufacturing end
use.

* * * * *
    (a) * * *
    (1) * * *
    (ii) Destination and end-use scope. (A) The ``development,''
``production,'' operation, installation (including on-site
installation), maintenance (checking), repair, overhaul, or
refurbishing of a ``supercomputer'' located in or destined to Macau or
a destination specified in Country Group D:5 of supplement no. 1 to
part 740 of the EAR; or
    (B) The incorporation into, or the ``development'' or
``production'' of any ``component'' or ``equipment'' that will be used
in a ``supercomputer'' located in or destined to Macau or a destination
specified in Country Group D:5.
    (2) ``Advanced-node ICs''--(i) Any item at a ``production''
``facility'' of ``advanced-node ICs.'' Any items subject to the EAR
when you know the items will be used in the ``development'' or
``production'' of ICs destined to a ``facility'' located in Macau or a
destination specified in Country Group D:5 where ``production'' of
``advanced-node ICs'' occurs.
    (ii) Category 3 items to a ``facility'' where the technology node
is unknown. Any item subject to the EAR specified in an ECCN in Product
Groups B, C, D, or E in Category 3 of the CCL when you know the item
will be used in the ``development'' or ``production'' of ICs destined
to a ``facility'' located in Macau or a destination specified in
Country Group D:5 where ``production'' of integrated circuits occurs,
but you do not know whether ``production'' of ``advanced-node ICs''
occurs at such ``facility.''
    (3) Advanced computing items. (i) Any item subject to the EAR and
specified in ECCN 3A001.z, 3A090, 4A003.z, 4A004.z, 4A005.z, 4A090,
5A002.z, 5A004.z, 5A992.z, 5D002.z, or 5D992.z destined to any
destination other than those specified in Country Groups D:1, D:4, or
D:5 (excluding any destination also specified in Country Groups A:5 or
A:6) for an entity that is headquartered in, or whose ultimate parent
company is headquartered in, either Macau or a destination specified in
Country Group D:5 (e.g., a PRC-headquartered cloud or data server
provider located in a destination not otherwise excluded).
    (ii) ECCN 3E001 (for 3A090) ``technology'' when it meets all of the
following:
    (A) The technology is developed by an entity headquartered in, or
whose ultimate parent company is headquartered in, either Macau or a
destination specified in Country Group D:5;
    (B) The ``technology'' is subject to the EAR pursuant to the
foreign direct product rule in Sec.  734.9(h)(1)(i)(B)(1) and
(h)(2)(ii) of the EAR;
    (C) The ``technology'' is for reexport or transfer (in-country)
from or within a destination specified in Country Group D:1, D:4, D:5,
excluding any destination also specified in Country Groups A:5 or A:6,
to any destination worldwide; and
    (D) The ``technology'' is for the ``production'' of commodities or
software specified in ECCN 3A001.z, 3A090, 4A003.z, 4A004.z, 4A005.z,
4A090, 5A002.z, 5A004.z, or 5A992.z.

    Note 1 to paragraph (a)(3)(ii):  This paragraph (a)(3)(ii)
includes items subject to the EAR pursuant to the foreign direct
product rule in Sec.  734.9(h)(1)(i)(B)(1) and (h)(2)(ii) of the
EAR.

* * * * *

PART 746--EMBARGOES AND OTHER SPECIAL CONTROLS

0
25. Effective November 17, 2023, the authority citation for part 746 is
revised 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. 287c; Sec 1503, Pub. L. 108-11, 117
Stat. 559; 22 U.S.C. 2151 note; 22 U.S.C. 6004; 22 U.S.C. 7201 et
seq.; 22 U.S.C. 7210; E.O. 12854, 58 FR 36587, 3 CFR, 1993 Comp., p.
614; E.O. 12918, 59 FR 28205, 3 CFR, 1994 Comp., p. 899; E.O. 13222,
66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13338, 69 FR 26751, 3
CFR, 2004 Comp., p 168; Presidential Determination 2003-23, 68 FR
26459, 3 CFR, 2004 Comp., p. 320; Presidential Determination 2007-7,
72 FR 1899, 3 CFR, 2006 Comp., p. 325; Notice of May 810, 2023, 88
FR 30211 (May 10, 2023).

0
26. Effective November 17, 2023, Sec.  746.8 is amended by revising
paragraph (a) introductory text to read as follows:

Sec.  746.8  Sanctions against Russia and Belarus.

    (a) License requirements. For purposes of paragraphs (a)(1) and (2)
of this section, commodities specified under ECCN 5A991, and
commodities and software classified under ECCNs 5A992.c or 5D992.c that
have been `classified in accordance with Sec.  740.17' do not require a
license to or within Russia or Belarus for the following civil end-
users: wholly-owned U.S. subsidiaries, branches, or sales offices;
joint ventures between two or more U.S. companies, including the
wholly-owned subsidiaries, branches, or sales offices of such joint
ventures; joint ventures between U.S. companies and companies
headquartered in countries from Country Group A:5 and A:6 in supplement
no. 1 to part 740 of the EAR, including the wholly-owned subsidiaries,
branches, or sales offices of such joint ventures; wholly-owned
subsidiaries, branches, or sales offices of companies headquartered in
countries from Country Group A:5 and A:6 in supplement no. 1 to part
740; or joint ventures between two or more companies headquartered in
Country Group A:5 and A:6 in supplement no. 1 to part 740, including
the wholly-owned subsidiaries, branches, or sales offices of such joint
ventures.
* * * * *

0
27. Effective November 17, 2023, Sec.  746.10 is amended by revising
paragraph (a) introductory text to read as follows:

Sec.  746.10  `Luxury Goods' Sanctions Against Russia and Belarus and
Russian and Belarusian oligarchs and malign actors.

    (a) License requirements. For purposes of paragraphs (a)(1) and (2)
of this section, commodities specified under ECCN 5A991, and
commodities and software classified under ECCNs 5A992.c or 5D992.c that
have been `classified in accordance with Sec.  740.17' do not require a
license to or within Russia or Belarus for the following civil end-
users: wholly-owned U.S. subsidiaries, branches, or sales offices;
joint ventures between two or more U.S. companies, including the
wholly-owned subsidiaries, branches, or sales offices of such joint
ventures; joint ventures between U.S. companies and companies
headquartered in countries from Country Group A:5 and A:6 in

supplement no. 1 to part 740 of the EAR, including the wholly-owned
subsidiaries, branches, or sales offices of such joint ventures;
wholly-owned subsidiaries, branches, or sales offices of companies
headquartered in countries from Country Group A:5 and A:6 in supplement
no. 1 to part 740; or joint ventures between two or more companies
headquartered in Country Group A:5 and A:6 in supplement no. 1 to part
740, including the wholly-owned subsidiaries, branches, or sales
offices of such joint ventures.
* * * * *

PART 748--APPLICATIONS (CLASSIFICATION, ADVISORY, AND LICENSE) AND
DOCUMENTATION

0
28. Effective November 17, 2023, the authority citation for part 748 is
revised 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. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of
August 14, 2023, 88 FR 55549 (August 16, 2023).

0
29. Effective November 17, 2023, Sec.  748.8 is amended by adding
paragraphs (d), (s), (t), and (z) to read as follows:

Sec.  748.8  Unique application and submission requirements.

* * * * *
    (d) U.S. person support activities that require a license under
Sec.  744.6.
* * * * *
    (s) Exports of firearms and certain shotguns temporarily in the
United States.
    (t) ``600 Series Major Defense Equipment.''
* * * * *
    (z) Semiautomatic firearms controlled under ECCN 0A501.a.

0
30. Effective November 17, 2023, supplement No. 2 to part 748 is
amended by adding paragraph (d) to read as follows:

Supplement No. 2 to Part 748--Unique Application and Submission
Requirements

* * * * *
    (d) ``U.S. person'' support activities that require a license
under Sec.  744.6 of the EAR. Use SNAP-R for submitting a license
application for ``U.S. person'' activities. Applicants should use
the reexport designation on the SNAP-R form and include in the
``Additional Information'' section of the license application that a
license is required for the transaction under Sec.  744.6 of the
EAR. In the special purpose field, specify the specific activities
the ``U.S. person'' is engaged. The applicant should provide, as
relevant: the ECCN of the technology or item or, if unknown, use the
EAR99 designation (regardless of whether the items being dealt with
are subject to the EAR); and a complete explanation of the activity
in supplemental documentation.
* * * * *

0
31. Effective November 17, 2023, supplement no. 7 to part 748 is
amended by revising the heading and the entries for ``Advanced Micro
Devices China, Inc'' and ``Shanghai Huahong Grace Semiconductor
Manufacturing Corporation'' under ``China (People's Republic of)'' to
read as follows:

Supplement No. 7 to Part 748--Authorization Validated End-User (VEU):
List of Validated End-Users, Respective Items Eligible for Export,
Reexport and Transfer (In-Country), and Eligible Destinations

----------------------------------------------------------------------------------------------------------------
                                                  Eligible items (by
         Country            Validated end-user           ECCN)         Eligible destination    Federal Register
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
China (People's Republic   Advanced Micro        3D002, 3D003, 3E001   Advanced Micro        75 FR 25763, 5/10/
 of).                       Devices China, Inc.   (limited to           Devices (Shanghai)    10.
                                                  ``technology'' for    Co., Ltd.,           76 FR 2802, 1/18/
                                                  items classified      Buildings 33 (Unit    11.
                                                  under 3C002 and       1), 46, 47, 48 &     78 FR 3319, 1/16/
                                                  3C004 and             49, River Front       13.
                                                  ``technology'' for    Harbor, Zhangjiang   81 FR 40785, 6/23/
                                                  use during the        Hi-Tech Park, No.     16.
                                                  International         1387 Zhang Dong      88 FR [INSERT PAGE
                                                  Technology Roadmap    Road, Pudong          NUMBER], 10/25/23.
                                                  for Semiconductors    District, Shanghai,
                                                  (ITRS) process for    China 201203.
                                                  items classified     AMD Technology
                                                  under ECCNs 3B001     Development
                                                  and 3B002), 3E002     (Beijing) Co.,
                                                  (limited to           Ltd., North and
                                                  ``technology'' for    South Buildings,
                                                  use during the ITRS   RaycomInfotech,
                                                  process for items     Park Tower C, No. 2
                                                  classified under      Science Institute
                                                  ECCNs 3B001 and       South Rd., Zhong
                                                  3B002), 3E003.e       Guan Cun, Haidian
                                                  (limited to the       District, Beijing,
                                                  ``development'' and   China 100190.
                                                  ``production'' of
                                                  integrated circuits
                                                  for commercial
                                                  applications),
                                                  4D001 and 4E001
                                                  (limited to the
                                                  ``development'' of
                                                  products under ECCN
                                                  4A003.b through .g).
                                                                       AMD Products (China)  ...................
                                                                        Co. Ltd., North and
                                                                        South Buildings,
                                                                        RaycomInfotech Park
                                                                        Tower C, No. 2
                                                                        Science Institute
                                                                        South Rd., Zhong
                                                                        Guan Cun, Haidian
                                                                        District, Beijing,
                                                                        China 100190.
                                                                 * * * * * *
                           Shanghai Huahong      1C350.c.4,            Shanghai Huahong      78 FR 32981, 6/3/
                            Grace Semiconductor   1C350.d.14, 2B230,    Grace Semiconductor   13. 88 FR [INSERT
                            Manufacturing         2B350.d.2,            Manufacturing         PAGE NUMBER], 10/
                            Corporation.          2B350.g.3,            Corporation--HFab     25/23.
                                                  2B350.i.4,            2, 668 Guoshoujing
                                                  3B001.a.1, 3B001.b,   Road, Zhangjiang Hi-
                                                  3B001.e, 3B001.f,     Tech Park, Shanghai
                                                  3B001.h, 3C002,       201203 China.
                                                  3C004, 5B002, and    Shanghai Huahong
                                                  5E002 (controlled     Grace Semiconductor
                                                  by ECCNs 5A002.a      Manufacturing
                                                  through .e, 5A004.a   Corporation--HFab
                                                  through .b, or        1, 1188 Chuanqiao
                                                  5A992.c that have     Road, Pudong,
                                                  been successfully     Shanghai 201206
                                                  reviewed under the    China.
                                                  encryption review
                                                  process specified
                                                  in Sections
                                                  740.17(b)(2) or
                                                  740.17(b)(3) of the
                                                  EAR).

                                                                       Shanghai Huahong      ...................
                                                                        Grace Semiconductor
                                                                        Manufacturing
                                                                        Corporation--GFab1,
                                                                        1399 Zuchongzhi
                                                                        Road, Zhangjiang Hi-
                                                                        Tech Park, Shanghai
                                                                        201203 China.
                                                                 * * * * * *
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

PART 758--EXPORT CLEARANCE REQUIREMENTS

0
32. The authority citation for part 758 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
33. Effective November 17, 2023, Sec.  758.1 is amended by adding
paragraph (g)(5) to read as follows:

Sec.  758.1   The Electronic Export Information (EEI) Filing to the
Automated Export System (AES).

* * * * *
    (g) * * *
    (5) Exports of .z items that meet or exceed the performance
parameters of ECCN 3A090 or 4A090. This paragraph (g)(5) imposes a
requirement for identifying .z items by ``items'' level classification
in the EEI filing in AES. For any export of .z items controlled under
ECCNs 3A001, 4A003, 4A004, 4A005, 5A002, 5A004, 5A992, 5D002, or 5D992
in addition to any other required data for the associated EEI filing,
you must include the items paragraph classification (i.e., .z), when
applicable, as the first text to appear in the Commodity description
block in the EEI filing in AES.
* * * * *

0
34. Effective November 17, 2023, Sec.  758.6 is amended by revising
paragraph (a)(2) to read as follows:

Sec.  758.6  Destination control statement and other information
furnished to consignees.

    (a) * * *
    (2) The ECCN(s) for any 3A001.z, 3A090, 4A003.z, 4A004.z, 4A005.z,
4A090, 5A002.z, 5A004.z, 5A992.z, 9x515 or ``600 series'' ``items''
being shipped (i.e., exported in tangible form). For the seven ECCNs
with a .z paragraph, the requirement to include the classification only
applies to commodities classified under the .z paragraphs. If the
commodity is classified under any other paragraph in one of those seven
ECCNs, then the requirement under this paragraph is not applicable. For
ECCN 3A090, identify the commodity as either 3A090.a or .b.
* * * * *

PART 772--DEFINITIONS OF TERMS

0
35. 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
36. Effective November 17, 2023, Sec.  772.1 is amended by revising the
last sentence in note 1 to the definition for ``specially designed'' to
read as follows:

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

* * * * *
    Specially designed. * * *
    NOTE 1: * * * For purposes of ``specially designed,'' ECCNs
0B505.c, 0B999, 0D999, 1B999, 1C992, 1C995, 1C997, 1C999, 3A991, 4A994,
5A992 (except for .z), 5D992 (except for .z), 6A998 (except for .b),
and 9A991 are treated as ECCNs controlled exclusively for AT reasons.
* * * * *

PART 774--THE COMMERCE CONTROL LIST

0
37. 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
38. Effective November 17, 2023, supplement no. 1 to part 774 is
amended by:
0
a. Revising ECCNs 3A001, 3A090, 3A991, 3D001, 3E001;
0
b. Revising Note 3 to Category 4--Computers;
0
c. Revising ECCNs 4A003, 4A004, 4A005, 4A090, 4A994, 4D001, and 4E001;
0
d. Revising Technical Note paragraph 2 in the TECHNICAL NOTE ON
``ADJUSTED PEAK PERFORMANCE'' (``APP'') at the end Category 4--
Computers;
0
e. Revising the Note 3. to Category 5--Telecommunications and
``Information Security'' Part 1--Telecommunications introductory text;
0
f. Revising ECCN 5E001;
0
g. Revising Note 3 and the N/B. to Note 3 (Cryptography Note) to
Category 5--Telecommunications and ``Information Security'' Part 2--
``Information Security''; and
0
h. Revising ECCNs 5A002, 5A992, 5A004, 5B002, 5D002, 5D992, 5E002,
5E992, 9A004, and 9A515.
    The revisions read as follows:

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

* * * * *
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.
NS applies to entire entry, except 3A001.z  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.
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 and .z when       MT Column 1.
 usable in ``missiles''; and to
 3A001.a.5.a and .z 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.
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.
AT applies to entire entry................  AT Column 1.

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 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)

LVS: N/A for MT, NP or 3A001.z; N/A for ``Monolithic Microwave
Integrated Circuit'' (``MMIC'') amplifiers in 3A001.b.2 and discrete
microwave transistors in 3A001.b.3, 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, and
.g.
    $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, and .h, and
.i.
NAC: Yes, for 3A001.z; N/A for all other 3A001 commodities.

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,' or `transmit modules'
``subject to the ITAR'' (see 22 CFR parts 120 through 130). (2) See
also 3A090 (including Note 4 to 3A090), 3A101, 3A201, 3A611, 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);
    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 2\n\
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.
    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. Neural network integrated circuits;
    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 [mu]s.
    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 2\n\
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 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.
    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 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'')
amplifiers that are 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 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 ms 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 [mu]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 [mu]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 [mu]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'' that
provides bi-directional amplitude and phase control for transmission
and reception of signals.
    4. A `transmit MMIC' is a ``MMIC'' 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 ms 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 [micro]s and bandwidth in MHz) of more than 100;
    c.1.c.2. A dispersive delay of more than 10 [micro]s; or
    c.1.c.3. A `frequency side-lobe rejection' exceeding 65 dB and a
bandwidth greater than 100 MHz;
    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.
    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.
* * * * *
3A090 Integrated circuits as follows (see List of Items Controlled).

License Requirements

Reason for Control: RS, AT

                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)

RS applies to entire entry................  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.
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
NAC: Yes, for 3A090.a, if the item is not designed or marketed for
use in datacenters and has a `total processing performance' of 4800
or more; yes, for 3A090.b, if the item is designed or marketed for
use in datacenters.

List of Items Controlled

Related Controls: (1) See ECCNs 3D001, 3E001, 5D002.z, and 5D992.z
for associated technology and software controls. (2) See ECCNs
3A001.z, 5A002.z, 5A004.z, and 5A992.z.
Related Definitions: N/A
Items:

    a. Integrated circuits having one or more digital processing
units having either of the following:
    a.1. a `total processing performance' of 4800 or more, or
    a.2. a `total processing performance' of 1600 or more and a
`performance density' of 5.92 or more.
    b. Integrated circuits having one or more digital processing
units having either of the following:
    b.1. a `total processing performance' of 2400 or more and less
than 4800 and a `performance density' of 1.6 or more and less than
5.92, or
    b.2. a `total processing performance' of 1600 or more and a
`performance density' of 3.2 or more and less than 5.92.
    Note 1 to 3A090: Integrated circuits specified by 3A090 include
graphical processing units (GPUs), tensor processing units (TPUs),
neural processors, in-memory processors, vision processors, text
processors, co-processors/accelerators, adaptive processors, field-
programmable logic devices (FPLDs), and application-specific
integrated circuits (ASICs). Examples of integrated circuits are in
the Note to 3A001.a.
    Note 2 to 3A090: 3A090 does not apply to items that are not
designed or marketed for use in datacenters and do not have a `total
processing performance' of 4800 or more. For integrated circuits
that are not designed or marketed for use in datacenters and that
have a `total processing performance' of 4800 or more, see license
exception NAC.
    Note 3 to 3A090: For ICs that are excluded from ECCN 3A090 under
Note 2 or 3 to 3A090, those ICs are also not applicable for
classifications made under ECCNs 3A001.z, 4A003.z, 4A004.z, 4A005.z,
4A090, 5A002.z, 5A004.z, 5A992.z, 5D002.z, or 5D992.z because those
other CCL classifications are based on the incorporation of an IC
that meets the control parameters under ECCN 3A090 or otherwise
meets or exceeds the control parameters or ECCNs 3A090 or 4A090 .
See the Related Controls paragraphs of 3A001.z, 4A003.z, 4A004.z,
4A005.z, 4A090, 5A002.z, 5A004.z, 5A992.z, 5D002.z, or 5D992.z,
which reference back to Note 4 to 3A090.
    Technical Notes:
    1. `Total processing performance' (`TPP') is 2 x `MacTOPS' x
`bit length of the operation', aggregated over all processing units
on the integrated circuit.
    a. For purposes of 3A090, `MacTOPS' is the theoretical peak
number of Tera (10\12\) operations per second for multiply-
accumulate computation (D = A x B + C).
    b. The 2 in the `TPP' formula is based on industry convention of
counting one multiply-accumulate computation, D = A x B + C, as 2
operations for purpose of datasheets. Therefore, 2 x MacTOPS may
correspond to the reported TOPS or FLOPS on a datasheet.
    c. For purposes of 3A090, `bit length of the operation' for a
multiply-accumulate computation is the largest bit-length of the
inputs to the multiply operation.
    d. Aggregate the TPPs for each processing unit on the integrated
circuit to arrive at a total. `TPP' = TPP1 + TPP2 + . . . . + TPPn
(where n is the number or processing units on the integrated
circuit).
    2. The rate of `MacTOPS' is to be calculated at its maximum
value theoretically possible. The rate of `MacTOPS' is assumed to be
the highest value the manufacturer claims in annual or brochure for
the integrated circuit. For example, the `TPP' threshold of 4800 can
be met with 600 tera integer operations (or 2 x 300 `MacTOPS') at 8
bits or 300 tera FLOPS (or 2 x 150 `MacTOPS') at 16 bits. If the IC
is designed for MAC computation with multiple bit lengths that
achieve different `TPP' values, the highest `TPP' value should be
evaluated against parameters in 3A090.
    3. For integrated circuits specified by 3A090 that provide
processing of both sparse and dense matrices, the `TPP' values are
the values for processing of dense matrices (e.g., without
sparsity).
    4. `Performance density' is `TPP' divided by `applicable die
area'. For purposes of 3A090, `applicable die area' is measured in
millimeters squared and includes all die area of logic dies
manufactured with a process node that uses a non-planar transistor
architecture.
* * * * *
3A991 Electronic devices, and ``components'' not controlled by
3A001.

License Requirements

Reason for Control: AT

                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)

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)

LVS: N/A
GBS: N/A

List of Items Controlled

Related Controls: (1) For associated ``software'' for commodities in
this ECCN, see 3D991 and for associated ``technology for commodities
in this ECCN, see 3E991. (2) See also ECCNs 5A002.z, 5A004.z, and
5A992.z.
Related Definitions: N/A
Items:

    a. ``Microprocessor microcircuits'', ``microcomputer
microcircuits'', and microcontroller microcircuits having any of the
following:
    a.1. A performance speed of 5 GFLOPS or more and an arithmetic
logic unit with an access width of 32 bit or more;
    a.2. A clock frequency rate exceeding 25 MHz; or
    a.3. More than one data or instruction bus or serial
communication port that provides a direct external interconnection
between parallel ``microprocessor microcircuits'' with a transfer
rate of 2.5 Mbyte/s;
    b. Storage integrated circuits, as follows:
    b.1. Electrical erasable programmable read-only memories
(EEPROMs) with a storage capacity;
    b.1.a. Exceeding 16 Mbits per package for flash memory types; or
    b.1.b. Exceeding either of the following limits for all other
EEPROM types:
    b.1.b.1. Exceeding 1 Mbit per package; or
    b.1.b.2. Exceeding 256 kbit per package and a maximum access
time of less than 80 ns;
    b.2. Static random access memories (SRAMs) with a storage
capacity:
    b.2.a. Exceeding 1 Mbit per package; or
    b.2.b. Exceeding 256 kbit per package and a maximum access time
of less than 25 ns;
    c. Analog-to-digital converters having any of the following:
    c.1. A resolution of 8 bit or more, but less than 12 bit, with
an output rate greater than 200 million words per second;
    c.2. A resolution of 12 bit with an output rate greater than 105
million words per second;
    c.3. A resolution of more than 12 bit but equal to or less than
14 bit with an output rate greater than 10 million words per second;
or
    c.4. A resolution of more than 14 bit with an output rate
greater than 2.5 million words per second;
    d. Field programmable logic devices having a maximum number of
single-ended digital input/outputs between 200 and 700;
    e. Fast Fourier Transform (FFT) processors having a rated
execution time for a 1,024 point complex FFT of less than 1 ms;
    f. Custom integrated circuits for which either 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:
    f.1. More than 144 terminals; or
    f.2. A typical ``basic propagation delay time'' of less than 0.4
ns;
    g. Traveling-wave ``vacuum electronic devices,'' pulsed or
continuous wave, as follows:
    g.1. Coupled cavity devices, or derivatives thereof;
    g.2. Helix devices based on helix, folded waveguide, or
serpentine waveguide circuits, or derivatives thereof, with any of
the following:
    g.2.a. An ``instantaneous bandwidth'' of half an octave or more;
and
    g.2.b. The product of the rated average output power (expressed
in kW) and the maximum operating frequency (expressed in GHz) of
more than 0.2;
    g.2.c. An ``instantaneous bandwidth'' of less than half an
octave; and
    g.2.d. The product of the rated average output power (expressed
in kW) and the maximum operating frequency (expressed in GHz) of
more than 0.4;
    h. Flexible waveguides designed for use at frequencies exceeding
40 GHz;
    i. Surface acoustic wave and surface skimming (shallow bulk)
acoustic wave devices (i.e., ``signal processing'' devices employing
elastic waves in materials), having either of the following:
    i.1. A carrier frequency exceeding 1 GHz; or
    i.2. A carrier frequency of 1 GHz or less; and
    i.2.a. A frequency side-lobe rejection exceeding 55 Db;
    i.2.b. A product of the maximum delay time and bandwidth (time
in microseconds and bandwidth in MHz) of more than 100; or
    i.2.c. A dispersive delay of more than 10 microseconds;
    j. Cells as follows:
    j.1. Primary cells having an energy density of 550 Wh/kg or less
at 293 K (20 [deg]C);
    j.2. Secondary cells having an energy density of 350 Wh/kg or
less at 293 K (20 [deg]C);
    Note: 3A991.j does not control batteries, including single cell
batteries.
    Technical Notes:
    1. For the purposes of 3A991.j energy density (Wh/kg) is
calculated from the nominal voltage multiplied by the nominal
capacity in ampere-hours 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 3A991.j, a `cell' is defined as an
electrochemical device, which has positive and negative electrodes,
and electrolyte, and is a source of electrical energy. It is the
basic building block of a battery.
    3. For the purposes of 3A991.j.1, a `primary cell' is a `cell'
that is not designed to be charged by any other source.
    4. For the purposes of 3A991.j.2, a `secondary cell' is a `cell'
that is designed to be charged by an external electrical source.
    k. ``Superconductive'' electromagnets or solenoids ``specially
designed'' to be fully charged or discharged in less than one
minute, having all of the following:
    Note: 3A991.k does not control ``superconductive''
electromagnets or solenoids designed for Magnetic Resonance Imaging
(MRI) medical equipment.
    k.1. Maximum energy delivered during the discharge divided by
the duration of the discharge of more than 500 kJ per minute;
    k.2. Inner diameter of the current carrying windings of more
than 250 mm; and
    k.3. Rated for a magnetic induction of more than 8T or ``overall
current density'' in the winding of more than 300 A/mm\2\;
    l. Circuits or systems for electromagnetic energy storage,
containing ``components'' manufactured from ``superconductive''
materials ``specially designed'' for operation at temperatures below
the ``critical temperature'' of at least one of their
``superconductive'' constituents, having all of the following:
    l.1. Resonant operating frequencies exceeding 1 MHz;
    l.2. A stored energy density of 1 MJ/M\3\ or more; and
    l.3. A discharge time of less than 1 ms;
    m. Hydrogen/hydrogen-isotope thyratrons of ceramic-metal
construction and rate for a peak current of 500 A or more;
    n. Digital integrated circuits based on any compound
semiconductor having an equivalent gate count of more than 300 (2
input gates);
    o. Solar cells, cell-interconnect-coverglass (CIC) assemblies,
solar panels, and solar arrays, which are ``space qualified'' and
not controlled by 3A001.e.4;
    p. Integrated circuits, n.e.s., having any of the following:
    p.1. A processing performance of 8 TOPS or more; or
    p.2. An aggregate bidirectional transfer rate over all inputs
and outputs of 150 Gbyte/s or more to or from integrated circuits
other than volatile memories.
    Technical Notes: For the purposes of 3A991.p:
    1. This ECCN includes but is not limited to central processing
units (CPU), graphics processing units (GPU), tensor processing
units (TPU), neural processors, in-memory processors, vision
processors, text processors, co-processors/accelerators, adaptive
processors, and field-programmable logic devices (FPLDs).
    2. TOPS is Tera Operations Per Second or 10\12\ Operations per
Second.
    3. For purposes of 3A991.p, TOPS is 2 x `MacTOPS' aggregated
over all processing units on the integrated circuit.
    a. For purposes of 3A991.p, `MacTOPS' is the theoretical peak
number of Tera (10[supcaret]12) operations per second for multiply-
accumulate computation (D = A x B + C).

    b. The 2 in the formula is based on industry convention of
counting one multiply-accumulate computation, D = A x B + C, as 2
operations for purpose of datasheets. Therefore, 2 x `MacTOPS' may
correspond to the reported TOPS or FLOPS on a datasheet.
* * * * *
3D001 ``Software'' ``specially designed'' for the ``development'' or
``production'' of commodities controlled by 3A001.b to 3A002.h,
3A090, or 3B (except 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 commodities  NS Column 1.
 controlled by 3A001.b to 3A001.h, 3A002,
 and 3B (except 3B001.a.4, c, d, f.1.b, k
 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, k     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 3A001.z, 3A090, 3B001.a.4, c, d,
f.1.b, k to p, and 3B002.b and c.

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 3A001.z, 3A090, 3A002.g.1,
3B001.a.4, a.2, c, d, f.1.b, k to p, or 3B002.b and c 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:

    The list of items controlled is contained in the ECCN heading.
* * * * *
3E001 ``Technology'' according to the General Technology Note for
the ``development'' or ``production'' of commodities controlled by
3A (except 3A980, 3A981, 3A991, 3A992, or 3A999), 3B (except 3B991
or 3B992) or 3C (except 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 (except
 3A001.z), 3A002, 3A003, 3B001 (except
 3B001 a.4, c, d, f.1.b, k to p), 3B002
 (except 3B002.b and c), or 3C001 to 3C006.
NS applies to ``technology'' for 3B001      To or within Macau or a
 a.4, c, d, f.1.b, k 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 (except
 for 3A001.z) or 3A101 for MT Reasons.
NP applies to ``technology'' for            NP Column 1.
 commodities controlled by 3A001 (except
 3A001.z), 3A201, or 3A225 to 3A234 for NP
 reasons.
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, k 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.
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; (d)
discrete microwave transistors in 3A001.b.3; and (e) commodities
described in 3A001.z, 3A090, 3B001.a.4, c, d, f.1.b, k to p, 3B002.b
and c.

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 3A001.z, 3A090, 3B001.a.4, c, d, f.1.b, k to p, 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 [mu]m; and
    (b) Incorporating multi-layer structures with three or fewer
metal layers.
    Note 3: 3E001 does 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 Note 3, 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').
* * * * *
CATEGORY 4--COMPUTERS
* * * * *
    Note 3: Commodities and ``software'' in ECCNs 4A005 and 4D004
that are also controlled in ECCNs 5A002.a, 5A002.z.1, 5A002.z.6,
5A004.a, 5A004.b, 5A004.z, 5D002.c.1, 5D002.c.3, 5D002.z.6,
5D002.z.8, or 5D002.z.9, remain controlled in Category 5--Part 2 by
those entries. Category 5--Part 2 does not apply to elements of
source code that implement functionality controlled by these
Category 4 ECCNs, or to any item subject to the EAR where Encryption
Item (EI) functionality is absent, removed or otherwise non-
existent.
* * * * *
4A003 ``Digital computers'', ``electronic assemblies'', and related
equipment therefor, as follows (see List of Items Controlled) and
``specially designed'' ``components'' therefor.

License Requirements

Reason for Control: NS, RS, CC, AT

                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)

NS applies to 4A003.b and .c..............  NS Column 1.
NS applies to 4A003.g.....................  NS Column 2.
RS applies to 4A003.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.
CC applies to ``digital computers'' for     CC Column 1.
 computerized finger-print equipment.
AT applies to entire entry (refer to 4A994  AT Column 1.
 for controls on ``digital computers''
 with a APP >0.0128 but <=70 WT).

Note: For all destinations, except those countries in Country Group
E:1 or E:2 of Supplement No. 1 to part 740 of the EAR, no license is
required (NLR) for computers with an ``Adjusted Peak Performance''
(``APP'') not exceeding 70 Weighted TeraFLOPS (WT) and for
``electronic assemblies'' described in 4A003.c that are not capable
of exceeding an ``Adjusted Peak Performance'' (``APP'') exceeding 70
Weighted TeraFLOPS (WT) in aggregation, except certain transfers as
set forth in Sec.  746.3 (Iraq).

Reporting Requirements

Special Post Shipment Verification reporting and recordkeeping
requirements for exports of computers to destinations in Computer
Tier 3 may be found in Sec.  743.2 of the EAR.

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

LVS: $5000; N/A for 4A003.b, .c, and .z.
GBS: Yes, for 4A003.g and ``specially designed'' ``parts'' and
``components'' therefor, exported separately or as part of a system.
APP: Yes, for computers controlled by 4A003.b, and ``electronic
assemblies'' controlled by 4A003.c, to the exclusion of other
technical parameters. See Sec.  740.7 of the EAR.
NAC: Yes, for 4A003.z; N/A for all other 4A003 commodities.
Note to List Based License Exceptions: Related equipment specified
under ECCN 4A003.g, z.2, or z.4 are eligible for License Exception
GBS if all the following conditions are met:

[squf] 1. The related equipment is exported, reexported, or
transferred (in-country) as part of a computer system,
[squf] 2. The computer system is either designated as NLR or
eligible for License Exception APP, and
[squf] 3. The related equipment is eligible for License Exception
APP.

List of Items Controlled

Related Controls: (1) See also ECCNs 4A090, 4A994 and 4A980. (2) See
also Note 4 to ECCN 3A090.
Related Definitions: N/A
Items:

    Note 1: 4A003 includes the following:

--`Vector processors' (as defined in Note 7 of the ``Technical Note
on ``Adjusted Peak Performance'' (``APP'')'');
--Array processors;
--Digital signal processors;
--Logic processors;
--Equipment designed for ``image enhancement.''

    Note 2: The control status of the ``digital computers'' and
related equipment described in 4A003 is determined by the control
status of other equipment or systems provided:
    a. The ``digital computers'' or related equipment are essential
for the operation of the other equipment or systems;
    b. The ``digital computers'' or related equipment are not a
``principal element'' of the other equipment or systems; and
    N.B. 1: The control status of ``signal processing'' or ``image
enhancement'' equipment ``specially designed'' for other equipment
with functions limited to those required for the other equipment is
determined by the control status of the other equipment even if it
exceeds the ``principal element'' criterion.
    N.B. 2: For the control status of ``digital computers'' or
related equipment for telecommunications equipment, see Category 5,
Part 1 (Telecommunications).
    c. The ``technology'' for the ``digital computers'' and related
equipment is determined by 4E.
    a. [Reserved]
    b. ``Digital computers'' having an ``Adjusted Peak Performance''
(``APP'') exceeding 70 Weighted TeraFLOPS (WT);
    c. ``Electronic assemblies'' ``specially designed'' or modified
to be capable of enhancing performance by aggregation of processors
so that the ``APP'' of the aggregation exceeds the limit in
4A003.b.;
    Note 1: 4A003.c applies only to ``electronic assemblies'' and
programmable interconnections not exceeding the limit in 4A003.b
when shipped as unintegrated ``electronic assemblies.''
    Note 2: 4A003.c does not control ``electronic assemblies''
``specially designed'' for a product or family of products whose
maximum configuration does not exceed the limit of 4A003.b.
    d. to f. [Reserved]
    N.B.: For ``electronic assemblies,'' modules or equipment,
performing analog-to-digital conversions, see 3A002.h.

    g. Equipment ``specially designed'' for aggregating the
performance of ``digital computers'' by providing external
interconnections which allow communications at unidirectonal data
rates exceeding 2.0 Gbyte/s per link.
    Note: 4A003.g does not control internal interconnection
equipment (e.g., backplanes, buses) passive interconnection
equipment, ``network access controllers'' or ``communication channel
controllers''.
    h. through y. [Reserved]
    z. Commodities specified in 4A003 that also meet or exceed the
performance parameters in 4A090.

4A004 Computers as follows (see List of Items Controlled) and
``specially designed'' related equipment, ``electronic assemblies''
and ``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 (except          NS Column 2.
 4A004.z).
RS applies to 4A004.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.
AT applies to entire entry................  AT Column 1.

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

LVS: $5000; N/A 4A004.z
GBS: N/A
NAC: Yes, for 4A004.z; N/A for all other 4A004 commodities.

List of Items Controlled

Related Controls: (1) See also ECCN 4A090. (2) See also Note 4 to
ECCN 3A090.
Related Definitions: N/A
Items:

    a. `Systolic array computers';
    b. `Neural computers';
    c. `Optical computers'.
    Technical Notes:
    1. For the purposes of 4A004.a, `systolic array computers' are
computers where the flow and modification of the data is dynamically
controllable at the logic gate level by the user.
    2. For the purposes of 4A004.b, `neural computers' are
computational devices designed or modified to mimic the behaviour of
a neuron or a collection of neurons, i.e., computational devices
which are distinguished by their hardware capability to modulate the
weights and numbers of the interconnections of a multiplicity of
computational components based on previous data.
    3. For the purposes of 4A004.c, `optical computers' are
computers designed or modified to use light to represent data and
whose computational logic elements are based on directly coupled
optical devices.
    d. through y. [Reserved]
    z. Commodities that are described in 4A004 and that also meet or
exceed the performance parameters in 4A090.

4A005 ``Systems,'' ``equipment,'' and ``components'' therefor,
``specially designed'' or modified for the generation, command and
control, or delivery of ``intrusion software'' (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 (except          NS Column 1.
 4A005.z).
RS applies to items controlled by 4A005.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.
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)

LVS: N/A
GBS: N/A
APP: N/A
ACE: Yes, except to Country Group E:1 or E:2 and for 4A005.z. See
Sec.  740.22 of the EAR for eligibility criteria.
NAC: Yes, for 4A005.z; N/A for all other 4A005 commodities.

Special Conditions for STA

STA: License Exception STA may not be used to ship items specified
by ECCN 4A005.

List of Items Controlled

Related Controls: (1) Defense articles described in USML Category
XI(b), and software directly related to a defense article, are
``subject to the ITAR''; see Sec.  120.33(a)(4). (2) See also ECCNs
4A090. (3) See also Note 4 to ECCN 3A090.
Related Definitions: N/A
Items:

    The list of items controlled is contained in the ECCN heading,
except for the commodities controlled under 4A005.z.
    a. through y. [Reserved]
    z. Commodities that are specified in 4A005 that also meet or
exceed the performance parameters in 4A090.

4A090 Computers as follows (see List of Items Controlled) and
related equipment, ``electronic assemblies,'' and ``components''
therefor.

License Requirements

Reason for Control: RS, AT

                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)

RS applies to entire entry................  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.
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
NAC: Yes, for 4A090, if the item incorporates a 3A090.a IC that is
not designed or marketed for use in datacenters and has a `total
processing performance' of 4800 or more, or if the 4A090 item
incorporates a 3A090.b IC, if the item is designed or marketed for
use in datacenters.

List of Items Controlled

Related Controls: (1) For associated ``software'' for commodities in
this ECCN, see 4D090, 5D002.z, and 5D992.z and for associated
``technology'' for commodities in this ECCN, see 4E001. (2) Also
ECCNs 4A003.z, 4A004.z, 4A005.z, 5A002.z, 5A004.z, and 5A992.z. (3)
See also Note 4 to ECCN 3A090.
Related Definitions: N/A
Items:

    a. Computers, ``electronic assemblies,'' and ``components''
containing integrated circuits, any of which meets or exceeds the
limit in 3A090.a.
    Technical Note: For purposes of 4A090.a, computers include
``digital computers,'' ``hybrid computers,'' and analog computers.
    b. [Reserved]
* * * * *
4A994 Computers, ``electronic assemblies'' and related equipment,
not controlled by 4A001 or 4A003, and ``specially designed''
``parts'' and ``components'' therefor (see List of Items
Controlled).

License Requirements

Reason for Control: AT

                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)

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

List of Items Controlled

Related Controls: (1) For associated ``software'' for commodities in
this ECCN, see 4D994 and for associated ``technology'' for
commodities in this ECCN, see 4E992. (2) See also ECCNs 4A003.z,
4A004.z, 4A005.z, 5A002.z, 5A004.z, and 5A992.z.
Related Definitions: N/A
Items:

    Note 1: The control status of the ``digital computers'' and
related equipment described in 4A994 is determined by the control
status of other equipment or systems provided:
    a. The ``digital computers'' or related equipment are essential