The Commerce Control List
Part 774—page 1
Export Administration Regulations
Bureau of Industry and Security April 13, 2012
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Table of Contents
§ 774.1 INTRODUCTION ......................... 1 §774.2 [RESERVED] ................................. 1 SUPPLEMENT NO. 1 TO PART 774 – THE COMMERCE 1 SUPPLEMENT NO. 2 TO PART 774 - GENERAL TECHNOLOGY AND
SOFTWARE NOTES ................................. 1 SUPPLEMENT NO. 3 TO PART 774 – STATEMENTS OF UNDERSTANDING . 1 SUPPLEMENT NO. 4 TO PART 774
[RESERVED] ............................................. 1 SUPPLEMENT NO. 5 TO PART 774 - ITEMS CLASSIFIED UNDER ECCNS 0A521, 0B521, 0C521, 0D521 AND 0E521 (1)
§ 774.1 INTRODUCTION
(a) In this part, references to the EAR are references to 15 CFR chapter VII, subchapter C. The Bureau of Industry and Security (BIS) maintains the Commerce Control List (CCL) that describes items (i.e., commodities, software, and technology) subject to the jurisdiction of the EAR. The CCL does not include tho items exclusively controlled for export by another department or agency of the U.S. Government. In instances where other agencies administer
controls over related items, entries in the CCL will contain a reference to the controls. Tho items subject to the EAR but not specified on the CCL are identified by the designator “EAR99.” See §734.2(a) of the EAR for items that are “subject to the EAR.” You should consult part 738 of the EAR for an explanation of the organization of the CCL and its relationship to the Country Chart.
(b) Items that warrant control on the CCL, but for which a classification has yet to be determined, are temporarily classified under one of the 0Y521 ECCNs (i.e., 0A521, 0B521, 0C521, 0D521 or 0E521), according to their respective product group, pursuant to § 742.6(a)(7) of the EAR, while a determination is made as to whether classification under a revid or new ECCN, or an EAR99 designation, is appropriate. The technical description and list of such items appear in Supplement No. 5 to part 774 – Items Classified Under ECCNs 0A521, 0B521, 0C521, 0D521 and 0E521. Items that the U.S. Government determines are more appropriately captured under the United States Muni
tions List (USML) Category XXI (Miscellaneous Articles) or other USML control, as part of the 0Y521 review process will be controlled as such.
(c) The CCL is contained in Supplement No. 1 to this part, and Supplement No. 2 to this part contains the General Technology and Software Notes relevant to entries contained in the CCL.
§774.2 [RESERVED]
SUPPLEMENT NO. 1 TO PART 774 – THE COMMERCE CONTROL LIST
The Commerce Control List is in a parate file.
Export Administration Regulations Bureau of Industry and Security April 13, 2012
SUPPLEMENT NO. 2 TO PART 774 - GENERAL TECHNOLOGY AND SOFTWARE
NOTES
1. General Technology Note. The export of "technology" that is "required" for the "devel-opment", "production", or "u" of items on the Commerce Control List is controlled according to the provisions in each Category.
"Technology" "required" for the "development", "production", or "u" of a controlled product remains controlled even when applicable to a product controlled at a lower level.
Licen Exception TSU is available for "tech-nology" that is the minimum necessary for the installation, operation, maintenance (checking), and repair of tho products that are eligible for Licen Exceptions or that are exported under a licen.
N.B.: This does not allow relea under a Licen Exception of the repair "technology" controlled by 1E002.e, 1E002.f, 8E002.a, or 8E002.b.
N.B.: The 'minimum necessary' excludes "development" or "production" technology and permits "u" technology only to the extent "required" to ensure safe and efficient u of the product. Individual ECCNs may further restrict export of "minimum necessary" information. 2.General Software Note. Licen Exception TSU (“mass market” software) is available to all destinations, except countries in Country Group E:1 of Supplement No. 1 to part 740 of the EAR, for relea of software that is generally available to the public by being:
a. Sold from stock at retail lling points, without restriction, by means of:
1. Over the counter transactions;
2. Mail order transactions;
domino 歌词3. Electronic transactions; or
4. Telephone call transactions; and
b. Designed for installation by the ur without further substantial support by the supplier.
Note:The General Software Note does not apply to "software" controlled by Category 5 - part 2 ("Information Security"). For "software" controlled by Category 5, part 2, e Supplement No. 1 to part 774, Category 5, part 2, Note 3 –Cryptography Note.
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Export Administration Regulations Bureau of Industry and Security April 13, 2012
SUPPLEMENT NO. 3 TO PART 774 – STATEMENTS OF UNDERSTANDING
(a) Statement of Understanding - medical
equipment.
Commodities that are ‘specially designed for medical end-u’ that ‘incorporate’ commodities or soft
ware on the Commerce Control List (Sup-plement No. 1 to part 774 of the EAR) that do not have a reason for control of Nuclear Nonproliferation (NP), Missile Technology (MT), or Chemical & Biological Weapons (CB) are designated by the number EAR99 (i.e., are not elwhere specified on the Commerce Control List).
Notes to paragraph a:propertyname
(1) ‘Specially designed for medical end-u’ means designed for medical treatment or the practice of medicine (does not include medical rearch).
(2) Commodities or software are considered ‘incorporated’ if the commodity or soft ware is: Esntial to the functioning of the medical equipment; customarily included in the sale of the medical equipment; and exported or reexported with the medical equipment.
(3) Except for such software that is made publicly available consistent with § 734.3(b)(3) of the EAR, commodities and software ‘specially designed for medical end-u’ remain subject to the EAR.
(4) See also § 770.2(b) interpretation 2, for other types of equipment that incorporate items on the Commerce Control List that are subject to the EAR. (5) For computers ud with medical equipment, e also ECCN 4A003 note 2 regarding the "principal element" rule.
(6) For commodities and software specially de-signed for medical end-u that incorporate an encryption or other "information curity" item subject to the EAR, e also Note 1 to Category 5, Part II of the Commerce Control List.
(b) Statement of Understanding - Source Code.
For the purpo of national curity controlled items, “source code” items are controlled either by “software” or by “software” and “technology” controls, except when such “source code” items are explicitly decontrolled.
(c) Category 5 - Part 2 - Note 4 Statement of
Understanding.
All items previously described by Notes (b), (c) and (h) to 5A002 are now described by Note 4 to Category 5 - Part 2. Note (h) to 5A002 prior to June 25, 2010 stated that the following was not controlled by 5A002:
Equipment specially designed for the rvicing of portable or mobile radiotelephones and similar client wireless devices that meet all the provisions of the Cryptography Note (Note 3 in Category 5, P
art 2), where the rvicing equipment meets all of the following:
(1) The cryptographic functionality of the r-vicing equipment cannot easily be changed by the ur of the equipment;
(2) The rvicing equipment is designed for installation without further substantial support by the supplier; and
Export Administration Regulations Bureau of Industry and Security April 13, 2012
(3) The rvicing equipment cannot change
本拉登简历the cryptographic functionality of the device
being rviced.
武汉室内设计培训(d) Statement of Understanding—Ud Goods.
The specifications in the Commerce Control List
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apply equally to new or ud goods. In the ca
of ud goods, an evaluation by the Bureau of
Industry and Security may be carried out in
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order to asss whether the goods are capable of
留学英语培训meeting the relevant specifications.
Export Administration Regulations Bureau of Industry and Security April 13, 2012
