Bureau of Industry and Security, Commerce § 770.2

(ii) A report from a reputable source of in- (viii) Evidence that the U.S. and foreign formation on commercial relationships that items meet a published industry, national, or a foreign manufacturer is not linked finan- international standard; cially or administratively with a U.S. com- (ix) A report or eyewitness account, by pany; deposition or otherwise, of the foreign item’s (iii) A list of the components in the U.S. operation; item and foreign item indicating model num- (x) Evidence concerning the foreign manu- bers and their sources; facturers’ corporate reputation; (iv) A schematic of the foreign item identi- (xi) Comparison of the U.S. and foreign end fying its components and their sources; item(s) made from a specific commodity, (v) Evidence that the item is a direct prod- tool(s), device(s), or technical data; or uct of foreign technology (e.g., a patent law (xii) Evidence of the reputation of the for- suit lost by a U.S. producer, a foreign pat- eign item including, if possible, information ent); on maintenance, repair, performance, and (vi) Evidence of indigenous technology, other pertinent factors. production facilities, and the capabilities at those facilities; or SUPPLEMENT NO. 2 TO PART 768—ITEMS (vii) Evidence that the parts and compo- ELIGIBLE FOR EXPEDITED LICENSING nents of the item are of foreign origin or are PROCEDURES [RESERVED] exempt from U.S. licensing requirements by the parts and components provision § 732.4 of the EAR. PART 770—INTERPRETATIONS (3) Sufficient quantity: (i) Evidence that foreign sources have the Sec. item in serial production; 770.1 Introduction. (ii) Evidence that the item or its product is 770.2 Item interpretations. used in civilian applications in foreign coun- 770.3 Interpretations related to exports of tries; technology and software to destinations (iii) Evidence that a foreign country is in Country Group D:1. marketing in the specific country an item of AUTHORITY: 50 U.S.C. app. 2401 et seq.; 50 its indigenous manufacture; U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 3 (iv) Evidence of foreign inventories of the CFR, 2001 Comp., p. 783; Notice of August 7, item; 2014, 79 FR 46959 (August 11, 2014). (v) Evidence of excess capacity in a foreign country’s production facility; § 770.1 Introduction. (vi) Evidence that foreign countries have not targeted the item or are not seeking to In this part, references to the EAR purchase it in the West; are references to 15 CFR chapter VII, (vii) An estimate by a knowledgeable subchapter C. This part provides com- source of the foreign country’s needs; or modity, technology, and software in- (viii) An authoritative analysis of the terpretations. These interpretations worldwide market (i.e., demand, production clarify the scope of controls where such rate for the item for various manufacturers, scope is not readily apparent from the plant capacities, installed tooling, monthly production rates, orders, sales and cumu- Commerce Control List (CCL) (see Sup- lative sales over 5–6 years). plement No. 1 to part 774 of the EAR) (4) Comparable quality: and other provisions of the Export Ad- (i) A sample of the foreign item; ministration Regulations. (ii) Operation or maintenance manuals of the U.S. and foreign items; § 770.2 Item interpretations. (iii) Records or a statement from a user of (a) Interpretation 1: Anti-friction bear- the foreign item; ing or bearing systems and specially de- (iv) A comparative evaluation, preferably in writing, of the U.S. and foreign items by, signed parts. (1) Anti-friction bearings for example, a western producer or purchaser or bearing systems shipped as spares or of the item, a recognized expert, a reputable replacements are classified under Ex- trade publication, or independent laboratory; port Control Classification Number (v) A comparative list identifying, by man- (ECCN) 2A001 (ball, roller, or needle- ufacturers and model numbers, the key per- roller bearings and parts). This applies formance components and the materials used to separate shipments of anti-friction in the item that qualitatively affect the per- bearings or bearing systems and anti- formance of the U.S. and foreign items; (vi) Evidence of the interchangeability of friction bearings or bearing systems U.S. and foreign items; shipped with machinery or equipment (vii) Patent descriptions for the U.S. and for which they are intended to be used foreign items; as spares or replacement parts.

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(2) An anti-friction bearing or bear- 2B001.a. ‘‘Numerical control’’ units in- ing system physically incorporated in a clude computers with add-on ‘‘motion segment of a machine or in a complete control boards’’. A computer with add- machine prior to shipment loses its on ‘‘motion control boards’’ for ma- identity as a bearing. In this scenario, chine tools may be controlled under the machine or segment of machinery ECCN 2B001.a even when the computer containing the bearing is the item sub- alone without ‘‘motion control boards’’ ject to export control requirements. is not subject to licensing require- (3) An anti-friction bearing or bear- ments under Category 4 and the ‘‘mo- ing system not incorporated in a seg- tion control boards’’ are not controlled ment of a machine prior to shipment, under ECCN 2B001.b. but shipped as a component of a com- (2) Export documentation requirement. plete unassembled (knocked-down) ma- (i) When preparing a license applica- chine, is considered a component of a tion for a numerical control system, machine. In this scenario, the complete the machine tool and the control unit machine is the item subject to export are classified separately. If either the license requirements. machine tool or the control unit re- (b) Interpretation 2: Classification of quires a license, then the entire unit ‘‘parts’’ of machinery, equipment, or other requires a license. If either a machine items—(1) An assembled machine or unit tool or a control unit is exported sepa- of equipment is being exported. In in- rately from the system, the exported stances where one or more assembled component is classified on the license machines or units of equipment are application without regard to the other being exported, the individual compo- parts of a possible system. nent parts that are physically incor- (ii) When preparing the Electronic porated into the machine or equipment Export Information (EEI) on the Auto- do not require a license. The license or mated Export System (AES), a system general exception under which the being shipped complete (i.e., machine complete machine or unit of equipment and control unit), should be reported is exported will also cover its compo- under the Schedule B number for each nent parts, provided that the parts are machine. When either a control unit or normal and usual components of the a machine is shipped separately, it machine or equipment being exported, should be reported under the Schedule or that the physical incorporation is B number appropriate for the indi- not used as a device to evade the re- vidual item being exported. quirement for a license. (f) Interpretation 6: ‘‘Parts,’’ ‘‘acces- (2) Parts are exported as spares, re- sories,’’ and equipment exported as scrap. placements, for resale, or for stock. In in- ‘‘Parts,’’ ‘‘accessories,’’ or equipment stances where parts are exported as that are being shipped as scrap should spares, replacements, for resale, or for be described on the EEI filing to the stock, a license is required only if the AES in sufficient detail to be identified appropriate entry for the part specifies under the proper ECCN. When commod- that a license is required for the in- ities declared as ‘‘parts,’’ ‘‘acces- tended destination. sories,’’ or equipment are shipped in (c) [Reserved] bulk, or are otherwise not packaged, (d) Interpretation 4: Telecommuni- packed, or sorted in accordance with cations equipment and systems. Control normal trade practices, the Customs equipment for paging systems (broad- Officer may require evidence that the cast radio or selectively signalled re- shipment is not scrap. Such evidence ceiving systems) is defined as circuit may include, but is not limited to, bills switching equipment in Category 5 of of sale, orders and correspondence indi- the CCL. cating whether the commodities are (e) Interpretation 5: Numerical control scrap or are being exported for use as systems—(1) Classification of ‘‘Numerical ‘‘parts,’’ ‘‘accessories,’’ or equipment. Control’’ Units. ‘‘Numerical control’’ (g) Interpretation 7: Scrap arms, ammu- units for machine tools, regardless of nition, and implements of war. Arms, their configurations or architectures, ammunition, and implements of war, are controlled by their functional char- as defined in the U.S. Munitions List, acteristics as described in ECCN and are under the jurisdiction of the

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U.S. Department of State (22 CFR parts Trichloroarsine 120 through 130), except for the fol- (3) (C.A.S. #76–93–7) Benzilic acid lowing, which are under the jurisdic- .alpha.,.alpha.-Diphenyl-.alpha.- tion of the Department of Commerce: hydroxyacetic acid (1) Cartridge and shell cases that Diphenylglycolic acid have been rendered useless beyond the .alpha.,.alpha.-Diphenylglycolic acid possibility of restoration to their origi- Diphenylhydroxyacetic acid nal identity by means of excessive .alpha.-Hydroxy-2,2-diphenylacetic heating, flame treatment, mangling, acid crushing, cutting, or by any other 2-Hydroxy-2,2-diphenylacetic acid method are ‘‘scrap’’. .alpha.-Hydroxy-.alpha.- (2) Cartridge and shell cases that phenylbenzeneacetic acid have been sold by the armed services as Hydroxydiphenylacetic acid ‘‘scrap’’, whether or not they have been (4) (C.A.S. #107–07–3) 2-Chloroethanol heated, flame-treated, mangled, 2-Chloro-1-ethanol crushed, cut, or reduced to scrap by Chloroethanol any other method. 2-Chloroethyl alcohol (3) Other commodities that may have Ethene chlorohydrin been on the U.S. Munitions List are Ethylchlorohydrin ‘‘scrap’’, and therefore under the juris- Ethylene chlorhydrin diction of the Department of Com- Ethylene chlorohydrin merce, if they have been rendered use- Glycol chlorohydrin less beyond the possibility of restora- Glycol monochlorohydrin tion to their original identity only by 2-Hydroxyethyl chloride means of mangling, crushing, or cut- (5) (C.A.S. #78–38–6) Diethyl ting. When in doubt as to whether a ethylphosphonate Ethylphosphonic commodity covered by the Munitions acid diethyl ester List has been rendered useless, export- (6) (C.A.S. #15715–41–0) Diethyl ers should consult the Directorate of methylphosphonite Defense Trade Controls, U.S. Depart- Diethoxymethylphosphine ment of State, Washington, DC 20520, Diethyl methanephosphonite or the Exporter Counseling Division, 0,0-Diethyl methylphosphonite Office of Exporter Services, Room Methyldiethoxyphosphine 1099A, U.S. Department of Commerce, Methylphosphonous acid diethyl Washington, DC 20230, before reporting ester a shipment as metal scrap. (7) (C.A.S. #2404–03–7) Diethyl-N, N- (h)—(j) [Reserved] dimethylphosphoro-amidate (k) Interpretation 11: Precursor chemi- N,N-Dimethyl-O,O′-diethyl cals. The following chemicals are con- phosphoramidate trolled by ECCN 1C350. The appropriate Diethyl dimethylphosphoramidate Chemical Abstract Service Registry Dimethylphosphoramidic acid (C.A.S.) number and synonyms (i.e., al- diethyl ester ternative names) are included to help (8) (C.A.S. #762–04–9) Diethyl you determine whether or not your phosphite chemicals are controlled by this entry. Diethoxyphosphine oxide (1) (C.A.S. #1341–49–7) Ammonium hy- Diethyl acid phosphite drogen bifluoride Diethyl hydrogen phosphite Acid ammonium fluoride Diethyo phosphonate Ammonium bifluoride Hydrogen diethyl phosphite Ammonium difluoride (9) (C.A.S. #100–37–8) N, N- Ammonium hydrofluoride Diethylethanolamine Ammonium hydrogen bifluoride N,N-Diethyl-2-aminoethanol Ammonium hydrogen difluoride Diethyl (2-hydroxyethyl) amine Ammonium monohydrogen difluoride N,N-Diethyl-N-(.beta.-hydroxyethyl) (2) (C.A.S. #7784–34–1) Arsenic tri- amine chloride N,N-Diethyl-2-hydroxyethylamine Arsenic (III) chloride Diethylaminoethanol Arsenous chloride 2-(Diethylamino) ethanol Fuming liquid arsenic 2-(Diethylamino)ethyl alcohol

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N,N-Diethylmonoethanolamine (18) (C.A.S. #124–40–3) Dimethylamine (2-Hydroxyethyl) diethylamine N-Methyl methanamine 2-Hydroxytriethylamine (19) (C.A.S. #506–59–2) Dimethylamine (10) (C.A.S. #5842–07–9) N,N- hydrochloride Diisopropyl-.beta.-aminoethane thiol Dimethylammonium chloride 2-(Diisopropylamino) ethanethiol N-Methyl methanamine hydro- Diisopropylaminoethanethiol chloride .beta.-Diisopropylaminoethanethiol (20) [Reserved] 2-(bis(1-Methylethyl)amino) (21) (C.A.S. #1498–40–4) ethanethiol Ethylphosphonous dichloride (11) (C.A.S. #4261–68–1) N, N- Dichloroethylphosphine Diisopropyl-.2-aminoethyl chloride hy- Ethyl phosphonous dichloride drochloride Ethyldichlorophosphine (12) (C.A.S. #96–80–0) N,N-Diisopropyl- (22) (C.A.S. #430–78–4) .beta.-aminoethanol Ethylphosphonus difluoride N,N-Diisopropyl-2-aminoethanol Ethyldifluorophosphine 2-(Diisopropylamino) ethanol (23) (C.A.S. #1066–50–8) (N,N-Diisopropylamino) ethanol Ethylphosphonyl dichloride 2-(Diisopropylamino) ethyl alcohol Dichloroethylphosphine oxide N,N-Diisopropylethanolamine Ethanephosphonyl chloride (13) (C.A.S. #96–79–7) N,N-Diisopropyl- Ethylphosphinic dichloride .beta.-aminoethyl chloride Ethylphosphonic acid dichloride 2-Chloro-N,N-diisopropylethanamine Ethylphosphonic dichloride 1-Chloro-N,N- (24) [Reserved] diisopropylaminoethane (25) (C.A.S. #7664–39–3) Hydrogen fluo- 2-Chloro-N,N-diisopropylethylamine ride N-(2-chloroethyl)-N-(1-methylethyl)- Anhydrous hydrofluoric acid 2-propanamine Fluorhydric acid N-(2-Chloroethyl) diisopropylamine Fluorine monohydride N,N-Diisopropyl-2-chloroethylamine Hydrofluoric acid gas 1-(Diisopropylamino)-2-cholorethane (26) (C.A.S. #3554–74–3) 3-Hydroxyl-1- 2-(Diisopropylamino)ethyl chloride methylpiperidine Diisopropylaminoethyl chloride 3-Hydroxy-N-methylpiperidine .beta.-Diisopropylaminoethyl chlo- 1-Methyl-3-hydroxypiperidine ride N-Methyl-3-hydroxypiperidine (14) (C.A.S. #108–18–9) 1-Methyl-3-piperidinol Diisopropylamine N-Methyl-3-piperidinol N,N-Diisopropylamine (27) (C.A.S. #76–89–1) Methyl benzilate N-(1-Methylethyl)-2-propanamine Benzilic acid methyl ester (15) (C.A.S. #6163–75–3) Dimethyl .alpha.-Hydroxy-.alpha.- ethylphosphonate phenylbenzeneacetic acid methyl Dimethyl ethanephosphonate ester Ethylphosphonic acid dimethyl ester Methyl .alpha.-phenylmandelate (16) (C.A.S. #756–79–6) Dimethyl Methyl diphenylglycolate methylphosphonate (28)–(31) [Reserved] Dimethoxymethyl phosphine oxide (32) (C.A.S. #10025–87–3) Phosphorus Dimethyl methanephosphonate oxychloride Methanephosphonic acid dimethyl Phosphonyl trichloride ester Phosphoric chloride Methylphosphonic acid dimethyl Phosphoric trichloride ester Phosphoroxychloride (17) (C.A.S. #868–85–9) Dimethyl Phosphoroxytrichloride phosphite Phosphorus chloride oxide Dimethoxyphosphine oxide Phosphorus monoxide trichloride Dimethyl acid phosphite Phosphorus oxide trichloride Dimethyl hydrogen phosphite Phosphorus oxytrichloride Dimethyl phosphonate Phosphorus trichloride oxide Hydrogen dimethyl phosphite Phosphoryl trichloride Methyl phosphate Trichlorophosphine oxide

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Trichlorophosphorus oxide Sodium hydrogen difluoride (33) (C.A.S. #10026–13–8) Phosphorus Sodium hydrogen fluoride pentachloride (44) (C.A.S. #143–33–9) Sodium cyanide Pentachlorophosphorane (45) (C.A.S. #7681–49–4) Sodium fluo- Pentachlorophosphorus ride Phosphoric chloride Sodium monofluoride Phosphorus(V) chloride (46) (C.A.S. #1313–82–2) Sodium sulfide Phosphorus perchloride Disodium monosulfide (34) (C.A.S. #1314–80–3) Phosphorus Disodium sulfide pentasulfide Sodium monosulfide Diphosphorus pentasulfide Sodium sulphide Phosphoric sulfide (47) (C.A.S. #10025–67–9) Sulfur Phosphorus persulfide Monochloride Phosphorus sulfide (48) (C.A.S. #10545–99–0) Sulfur (35) (C.A.S. #7719–12–2) Phosphorus dicholoride trichloride (49) (C.A.S. #111–48–8) Thiodiglycol Phosphorus chloride Bis(2-hydroxyethyl) sulfide Trichlorophosphine Bis(2-hydroxyethyl) thioether (36) C.A.S. #75–97–8) Pinacolone Di(2-hydroxyethyl) sulfide tert-Butyl methyl ketone Diethanol sulfide 2,2-Dimethyl-3-butanone 2,2′-Dithiobis-(ethanol) 3,3-Dimethyl-2-butanone 3-Thiapentane-1,5-diol 2,2-Dimethylbutanone 2,2′-Thiobisethanol 3,3-Dimethylbutanone 2,2′-Thiodiethanol 1,1-Dimethylethyl methyl ketone Thiodiethylene glycol Methyl tert-butyl ketone 2,2′-Thiodiglycol Pinacolin (50) C.A.S. #7719–09–7) Thionyl chlo- Pinacoline ride 1,1,1-Trimethylacetone Sulfinyl chloride (37) (C.A.S. #464–07–3) Pinacolyl alco- Sulfinyl dichloride hol Sulfur chloride oxide tert-Butyl methyl carbinol Sulfur oxychloride 2,2-Dimethyl-3-butanol Sulfurous dichloride 3,3-Dimethyl-2-butanol Sulfurous oxychloride 1-Methyl-2,2-dimethylpropanol Thionyl dichloride (38) (C.A.S. #151–50–8) Potassium cya- (51) (C.A.S. #102–71–6) Triethanol- nide amine (39) (C.A.S. #7789–23–3) Potassium flu- Alkanolamine 244 oride Nitrilotriethanol Potassium monofluoride 2,2′,2″-Nitrilotriethanol (40) (C.A.S. #7789–29–9) Potassium hy- 2,2′,2″-Nitrilotris(ethanol) drogen fluoride TEA Hydrogen potassium difluoride TEA (amino alcohol) Hydrogen potassium fluoride Tri (2-hydroxyethyl) amine Potassium acid fluoride Triethanolamin Potassium bifluoride Tris (.beta.-hydroxyethyl) amine Potassium hydrogen difluoride Tris (2-hydroxyethyl) amine Potassium monohydrogen difluoride Trolamine (41) (C.A.S. #1619–34–7) 3- (52) (C.A.S. #637–39–8) Triethanol- Quinuclidinol amine hydrochloride 1-Azabicyclo(2.2.2)octan-3-ol (53) (C.A.S. #122–52–1) Triethyl 3-Hydroxyquinuclidine phosphite (42) (C.A.S. #3731–38–2) 3- Phosphorous acid triethyl ester Quinuclidinone Triethoxyphosphine 1-Azabicyclo(2.2.2)octan-3-one Tris(ethoxy)phosphine 3-Oxyquinuclidine (54) (C.A.S. #121–45–9) Trimethyl Quinuclidone phosphite (43) (C.A.S.) #1333–83–1) Sodium Phosphorus acid trimethyl ester bifluoride Trimethoxyphosphine

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(l) Interpretation 12: Computers. (1) part 2 are not controlled in Category 5, Digital computers or computer systems part 2. See Note 1 to Category 5, part 2 classified under ECCN 4A003.b or .c, (‘‘Information Security’’) of Supple- that qualify for ‘‘No License Required’’ ment No. 1 to Part 774 (the Commerce (NLR) must be evaluated on the basis Control List) of the EAR. of Adjusted Peak Performance (APP) [61 FR 12920, Mar. 25, 1996] alone, to the exclusion of all other technical parameters. Digital com- EDITORIAL NOTE: For FEDERAL REGISTER ci- puters or computer systems classified tations affecting § 770.2, see the List of CFR Sections Affected, which appears in the under ECCN 4A003.b or .c that qualify Finding Aids section of the printed volume for License Exception APP must be and at www.fdsys.gov. evaluated on the basis of APP, to the exclusion of all other technical param- § 770.3 Interpretations related to ex- eters, except for ECCN 4A003.e (equip- ports of technology and software to ment performing analog-to-digital con- destinations in Country Group D:1. versions exceeding the limits in ECCN (a) Introduction. This section is in- 3A001.a.5.a). Assemblies performing tended to provide you additional guid- analog-to-digital conversions are eval- ance on how to determine whether uated under Category 3—Electronics, your technology or software would be ECCN 3A001.a.5.a. eligible for a License Exception, may (2) Related equipment classified be exported under NLR, or require a li- under ECCN 4A003.e or .g may be ex- cense, for export to Country Group D:1. ported or reexported under License Ex- (b) Scope of licenses. The export of ceptions GBS or CIV. When related technology and software under a li- equipment is exported or reexported as cense is authorized only to the extent part of a computer system, NLR or Li- specifically indicated on the face of the cense Exception APP is available for license. The only technology and soft- the computer system and the related ware related to equipment exports that equipment, as appropriate. may be exported without a license is (m) Interpretation 13: Encryption com- technology described in §§ 734.7 through modities and software controlled for EI 734.11 of the EAR; operating technology reasons. Encryption commodities and and software described in § 740.13(a) of software controlled for EI reasons the EAR; sales technology described in under ECCNs 5A002 and 5D002 may be § 740.13(b) of the EAR; and software up- pre-loaded on a laptop, handheld device dates described in § 740.13(c) of the or other computer or equipment and EAR. exported under the tools of trade provi- (c) Commingled technology and soft- sion of License Exception TMP or the ware. (1) U.S.-origin technology does personal use exemption under License not lose its U.S.-origin when it is Exception BAG, subject to the terms redrawn, used, consulted, or otherwise and conditions of such License Excep- commingled abroad in any respect with tions. This provision replaces the per- other technology of any other origin. sonal use exemption of the Inter- Therefore, any subsequent or similar national Traffic and Arms Regulations technical data prepared or engineered (ITAR) that existed for such software abroad for the design, construction, op- prior to December 30, 1996. Neither Li- eration, or maintenance of any plant or cense Exception TMP nor License Ex- equipment, or part thereof, which is ception BAG contains a reporting re- based on or utilizes any U.S.-origin quirement. Like other ‘‘information se- technology, is subject to the EAR in curity’’ ‘‘software’’, components, the same manner as the original U.S.- ‘‘electronic assemblies’’ or modules, origin technology, including license re- the control status of encryption com- quirements, unless the commingled modities and software is determined in technology is not subject to the EAR Category 5, part 2 even if they are bun- by reason of the de minimis exclusions dled, commingled or incorporated in a described in § 734.4 of the EAR. computer or other equipment. How- (2) U.S.-origin software that is incor- ever, commodities and software spe- porated into or commingled with for- cially designed for medical end-use eign-origin software does not lose its that incorporate an item in Category 5, U.S.-origin. Such commingled software

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is subject to the EAR is the same man- provided for a fee, and is scheduled to ner as the original U.S.-origin soft- take place in part in the customer’s fa- ware, including license requirements, cility and in part in the U.S. Can we unless the commingled software is not now proceed with this training at both subject to the EAR by reason of the de locations under a License Exception? minimis exclusions described in § 734.4 of (ii) Answer 2. (A) Provided that this is the EAR. your normal training, and involves (d) Certain License Exception. The fol- technology contained in your manuals lowing questions and answers are in- and standard instructions for the ex- tended to further clarify the scope of ported equipment, and meets the other technology and software eligible for a requirements of License Exception License Exception. TSU for operation technology and soft- (1)(i) Question 1. (A) Our engineers, in ware described in § 740.13(a), the train- installing or repairing equipment, use ing may be provided within the limits techniques (experience as well as pro- of those provisions of License Excep- prietary knowledge of the internal tion TSU. The location of the training componentry or specifications of the is not significant, as the export occurs equipment) that exceed what is pro- at the time and place of the actual vided in the standard manuals or in- transfer or imparting of the technology structions (including training) given to to the customer’s engineers. the customer. In some cases, it is also (B) Any training beyond that covered a condition of the license that such in- under the provisions of License Excep- formation provided to the customer be tion TSU for operation technology and constrained to the minimum necessary software described in § 740.13(a), but for normal installation, maintenance specifically represented in your license and operation situations. application as required for this cus- (B) Can we send an engineer (with tomer installation, and in fact author- knowledge and experience) to the cus- ized on the face of the license or a sepa- tomer site to perform the installation rate technology license, may not be un- or repair, under the provisions of Li- dertaken while the license is suspended cense Exception TSU for operation or revoked. technology and software described in [61 FR 12920, Mar. 25, 1996, as amended at 61 § 740.13(a) of the EAR, if it is under- FR 64286, Dec. 4, 1996; 62 FR 25470, May 9, stood that he is restricted by our nor- 1997; 65 FR 14860, Mar. 20, 2000] mal business practices to performing the work without imparting the knowl- PART 772—DEFINITIONS OF TERMS edge or technology to the customer personnel? AUTHORITY: 50 U.S.C. app. 2401 et seq.; 50 (ii) Answer 1. Export of technology U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 3 includes release of U.S.-origin data in a CFR, 2001 Comp., p. 783; Notice of August 7, foreign country, and ‘‘release’’ includes 2014, 79 FR 46959 (August 11, 2014). ‘‘application to situations abroad of SOURCE: 61 FR 12925, Mar. 25, 1996, unless personal knowledge or technical expe- otherwise noted. rience acquired in the United States.’’ As the release of technology in the cir- § 772.1 Definitions of terms as used in cumstances described here would ex- the Export Administration Regula- ceed that permitted under the License tions (EAR). Exception TSU for operation tech- The following are definitions of nology and software described in terms as used in the Export Adminis- § 740.13(a) of the EAR, a license would tration Regulations (EAR). In this be required even though the technician part, references to the EAR are ref- could apply the data without disclosing erences to 15 CFR chapter VII, sub- it to the customer. chapter C. Those terms in quotation (2)(i) Question 2. We plan, according marks refer to terms used on the Com- to our normal business practices, to merce Control List (CCL) (Supplement train customer engineers to maintain No. 1 to part 774 of the EAR). Par- equipment that we have exported under enthetical references following the a license, License Exception, or NLR. terms in quotation marks (i.e., (Cat 5)) The training is contractual in nature, refer to the CCL category in which

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