Pt. 770 15 CFR Ch. VII (1–1–98 Edition)
(xii) Evidence of the reputation of the for- identity as a bearing. In this scenario, eign item including, if possible, information the machine or segment of machinery on maintenance, repair, performance, and containing the bearing is the item sub- other pertinent factors. ject to export control requirements. SUPPLEMENT NO. 2 TO PART 768—ITEMS (3) An anti-friction bearing or bear- ELIGIBLE FOR EXPEDITED LICENSING ing system not incorporated in a seg- PROCEDURES [RESERVED] ment of a machine prior to shipment, but shipped as a component of a com- PART 770—INTERPRETATIONS plete unassembled (knocked-down) ma- chine, is considered a component of a Sec. machine. In this scenario, the complete 770.1 Introduction. machine is the item subject to export 770.2 Commodity interpretations. license requirements. 770.3 Interpretations related to exports of (b) Interpretation 2: Classification of technology and software to destinations ‘‘parts’’ of machinery, equipment, or other in Country Group D:1. items—(1) An assembled machine or unit 770.4 Interpretations related to chemical mixtures—de minimis exceptions exam- of equipment is being exported. In in- ples. stances where one or more assembled machines or units of equipment are AUTHORITY: 50 U.S.C. app. 2401 et seq.; 50 being exported, the individual compo- U.S.C. 1701 et seq.; E.O. 12924, 3 CFR, 1994 Comp., p. 917; Notice of August 15, 1995 (60 FR nent parts that are physically incor- 42767, August 17, 1995). porated into the machine or equipment do not require a license. The license or SOURCE: 61 FR 12920, Mar. 25, 1996, unless otherwise noted. general exception under which the complete machine or unit of equipment § 770.1 Introduction. is exported will also cover its compo- In this part, references to the EAR nent parts, provided that the parts are are references to 15 CFR chapter VII, normal and usual components of the subchapter C. This part provides com- machine or equipment being exported, modity, technology, and software in- or that the physical incorporation is terpretations. These interpretations not used as a device to evade the re- clarify the scope of controls where such quirement for a license. scope is not readily apparent from the (2) Parts are exported as spares, re- Commerce Control List (CCL) (see Sup- placements, for resale, or for stock. In in- plement No. 1 to part 774 of the EAR) stances where parts are exported as and other provisions of the Export Ad- spares, replacements, for resale, or for ministration Regulations. stock, a license is required only if the appropriate entry for the part specifies § 770.2 Commodity interpretations. that a license is required for the in- (a) Interpretation 1: Anti-friction bear- tended destination. ing or bearing systems and specially de- (c) Interpretation 3: Wire or cable cut to signed parts. (1) Anti-friction bearings length. (1) Wire or cable may be in- or bearing systems shipped as spares or cluded as a component of a system or replacements are classified under Ex- piece of equipment, whether or not the port Control Classification Numbers wire or cable is cut to length and (ECCNs) 2A001, 2A002, 2A003, 2A004, whether or not it is fitted with connec- 2A005, and 2A006 (ball, roller, or needle- tors at one or both ends, so long as it roller bearings and parts). This applies is in normal quantity necessary to to separate shipments of anti-friction make the original installation of the bearings or bearing systems and anti- equipment and is necessary to its oper- friction bearings or bearing systems ation. shipped with machinery or equipment (2) Wire or cable exported as replace- for which they are intended to be used ment or spares, or for further manufac- as spares or replacement parts. ture is controlled under the applicable (2) An anti-friction bearing or bear- wire or cable ECCN only. This includes ing system physically incorporated in a wire or cable, whether or not cut to segment of a machine or in a complete length or fitted with connectors at one machine prior to shipment loses its or both ends.
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(d) Interpretation 4: Telecommuni- Officer may require evidence that the cations equipment and systems. Control shipment is not scrap. Such evidence equipment for paging systems (broad- may include, but is not limited to, bills cast radio or selectively signalled re- of sale, orders and correspondence indi- ceiving systems) is defined as circuit cating whether the commodities are switching equipment in Category 5 of scrap or are being exported for use as the CCL. parts, accessories, or equipment. (e) Interpretation 5: Numerical control (g) Interpretation 7: Scrap arms, ammu- systems—(1) Classification of ‘‘Numerical nition, and implements of war. Arms, Control’’ Units. ‘‘Numerical control’’ ammunition, and implements of war, units for machine tools, regardless of as defined in the U.S. Munitions List, their configurations or architectures, and are under the jurisdiction of the are controlled by their functional char- U.S. Department of State (22 CFR parts acteristics as described in ECCN 120 through 130), except for the follow- 2B001.a. ‘‘Numerical control’’ units in- ing, which are under the jurisdiction of clude computers with add-on ‘‘motion the Department of Commerce: control boards’’. A computer with add- (1) Cartridge and shell cases that on ‘‘motion control boards’’ for ma- have been rendered useless beyond the chine tools may be controlled under possibility of restoration to their origi- ECCN 2B001.a even when the computer nal identity by means of excessive alone without ‘‘motion control boards’’ heating, flame treatment, mangling, is not subject to licensing require- crushing, cutting, or by any other ments under Category 4 and the ‘‘mo- method are ‘‘scrap’’. tion control boards’’ are not controlled (2) Cartridge and shell cases that under ECCN 2B001.b. have been sold by the armed services as (2) Export documentation requirement. ‘‘scrap’’, whether or not they have been (i) When preparing a license applica- heated, flame-treated, mangled, tion for a numerical control system, crushed, cut, or reduced to scrap by the machine tool and the control unit any other method. are classified separately. If either the machine tool or the control unit re- (3) Other commodities that may have quires a license, then the entire unit been on the U.S. Munitions List are requires a license. If either a machine ‘‘scrap’’, and therefore under the juris- tool or a control unit is exported sepa- diction of the Department of Com- rately from the system, the exported merce, if they have been rendered use- component is classified on the license less beyond the possibility of restora- application without regard to the other tion to their original identity only by parts of a possible system. means of mangling, crushing, or cut- (ii) When preparing the Shipper’s Ex- ting. When in doubt as to whether a port Declaration (SED), a system being commodity covered by the Munitions shipped complete (i.e., machine and List has been rendered useless, export- control unit), should be reported under ers should consult the Office of Defense the Schedule B number for each ma- Trade Controls, U.S. Department of chine. When either a control unit or a State, Washington, DC 20520, or the Ex- machine is shipped separately, it porter Counseling Division, Office of should be reported under the Schedule Exporter Services, Room 1099A, U.S. B number appropriate for the individ- Department of Commerce, Washington, ual item being exported. DC 20230, before reporting a shipment (f) Interpretation 6: Parts, accessories, as metal scrap. and equipment exported as scrap. Parts, (h) Interpretation 8: Military auto- accessories, or equipment that are motive vehicles and parts for such vehi- being shipped as scrap should be de- cles—(1) Military automotive vehicles. (i) scribed on the SED in sufficient detail For purposes of U.S. export controls, to be identified under the proper ECCN. military automotive vehicles ‘‘possess- When commodities declared as parts, ing or built to current military speci- accessories, or equipment are shipped fications differing materially from nor- in bulk, or are otherwise not packaged, mal commercial specifications’’ may packed, or sorted in accordance with include, but are not limited to, the fol- normal trade practices, the Customs lowing characteristics:
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(A) Special fittings for mounting ord- under general exception or submitting nance or military equipment; an application to BXA for a license. (B) Bullet-proof glass; (2) [Reserved] (C) Armor plate; (i) Interpretation 9: Aircraft, parts, ac- (D) Fungus preventive treatment; cessories and components. Aircraft, (E) Twenty-four volt electrical sys- parts, accessories, and components de- tems; fined in Categories VIII and IX of the (F) Shielded electrical system (elec- Munitions List are under the export li- tronic emission suppression); or censing authority of the U.S. Depart- (G) Puncture-proof or run-flat tires. ment of State (22 CFR parts 120 (ii) Automotive vehicles fall into two through 130). All other aircraft, and categories. parts, accessories and components (A) Military automotive vehicles on the therefor, are under the export licensing Munitions List, new and used. Auto- authority of the U.S. Department of motive vehicles in this category are Commerce. The following aircraft, primarily combat (fighting) vehicles, parts, accessories and components are with or without armor and/or arma- under the licensing authority of the ment, ‘‘designed for specific fighting U.S. Department of Commerce: function.’’ These automotive vehicles (1) Any aircraft (except an aircraft are licensed for export by the U.S. De- that has been demilitarized, but includ- partment of State (22 CFR parts 120 ing aircraft specified in paragraph (i)(2) through 130). of this section) that conforms to a Fed- (B) Military automotive vehicles not on eral Aviation Agency type certificate the U.S. Munitions List, new and used. in the normal, utility, acrobatic, trans- Automotive vehicles in this category port, or restricted category, provided are primarily transport vehicles de- such aircraft has not been equipped signed for non-combat military pur- with or modified to include military poses (transporting cargo, personnel equipment, such as gun mounts, tur- and/or equipment, and/or for to wing rets, rocket launchers, or similar other vehicles and equipment over land equipment designed for military com- and roads in close support of fighting bat or military training purposes. vehicles and troops). These automotive (2) Only the following military air- vehicles are licensed for export by the craft, demilitarized (aircraft not spe- U.S. Department of Commerce. cifically equipped, reequipped, or modi- (iii) Parts for military automotive vehi- fied for military operations): cles. Functional parts are defined as (i) Cargo, bearing designations ‘‘C–45 those parts making up the power train through C–118 inclusive,’’ and ‘‘C–121’’; of the vehicles, including the electrical (ii) Trainers, bearing a ‘‘T’’ designa- system, the cooling system, the fuel tion and using piston engines; system, and the control system (brake (iii) Utility, bearing a ‘‘U’’ designa- and steering mechanism), the front and tion and using piston engines; rear axle assemblies including the wheels, the chassis frame, springs and (iv) Liaison, bearing an ‘‘L’’ designa- shock absorbers. Parts specifically de- tion; and signed for military automotive vehi- (v) Observation, bearing an ‘‘O’’ des- cles on the Munitions List are licensed ignation and using piston engines. for export by the U.S. Department of (3) All reciprocating engines. State (22 CFR parts 120 through 130). (4) Other aircraft engines not specifi- (iv) General instructions. Manufactur- cally designed or modified for military ers of non-Munitions List automotive aircraft. vehicles and/or parts will know wheth- (5) Parts, accessories, and compo- er their products meet the conditions nents (including propellers), designed described in this paragraph (h). Mer- exclusively for aircraft and engines de- chant exporters and other parties who scribed in paragraphs (i)(1), (i)(2), (i)(3), are not sure whether their products and (i)(4) of this section. (automotive vehicles and/or parts) (6) General purpose parts, acces- meet these conditions should check sories, and components usable inter- with their suppliers for the required in- changeably on either military or civil formation before making a shipment aircraft.
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(j) Interpretation 10: Civil aircraft iner- .alpha.-Hydroxy-.alpha.- tial navigation equipment. (1) The De- phenylbenzeneacetic acid partment of Commerce has licensing Hydroxydiphenylacetic acid jurisdiction over exports and reexports (4) (C.A.S. #107–07–3) 2-Chloroethanol to all destinations of inertial naviga- 2-Chloro-1-ethanol tion systems, inertial navigation Chloroethanol equipment, and specially designed com- 2-Chloroethyl alcohol ponents therefor for ‘‘civil aircraft’’. Ethene chlorohydrin (2) The Department of State, retains Ethylchlorohydrin jurisdiction over all software and tech- Ethylene chlorhydrin nology for inertial navigation systems Ethylene chlorohydrin and navigation equipment, and spe- Glycol chlorohydrin cially designed components therefor, Glycol monochlorohydrin for shipborne use, underwater use, 2-Hydroxyethyl chloride ground vehicle use, spaceborne use or (5) (C.A.S. #78–38–6) Diethyl use other than ‘‘civil aircraft’’. ethylphosphonate Ethylphosphonic (k) Interpretation 11: Precursor chemi- acid diethyl ester cals. The following chemicals are con- (6) (C.A.S. #15715–41–0) Diethyl trolled by ECCN 1C350. The appropriate methylphosphonite Chemical Abstract Service Registry Diethoxymethylphosphine (C.A.S.) number and synonyms, (i.e., Diethyl methanephosphonite alternative names) are included to help 0,0-Diethyl methylphosphonite you determine whether your chemicals Methyldiethoxyphosphine are controlled by this entry. These Methylphosphonous acid diethyl chemicals require a license to all coun- ester tries except Argentina, Australia, Aus- (7) (C.A.S. #2404–03–7) Diethyl-N, N- tria, Belgium, Canada, Czech Republic, dimethylphosphoro-amidate Denmark, Finland, France, Germany, N,N-Dimethyl-O,O′-diethyl Greece, Hungary, Iceland, Ireland, phosphoramidate Italy, Japan, Korea (South), Luxem- Diethyl dimethylphosphoramidate bourg, the Netherlands, New Zealand, Dimethylphosphoramidic acid Norway, Poland, Portugal, Romania, diethyl ester Slovakia, Spain, Sweden, Switzerland, (8) (C.A.S. #762–04–9) Diethyl phosphite and the United Kingdom. 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 Trichloroarsine N,N-Diethylmonoethanolamine (3) (C.A.S. #76–93–7) Benzilic acid (2-Hydroxyethyl) diethylamine .alpha.,.alpha.-Diphenyl-.alpha.- 2-Hydroxytriethylamine hydroxyacetic acid (10) (C.A.S. #5842–07–9) N,N-Diisopropyl- Diphenylglycolic acid .beta.-aminoethane thiol .alpha.,.alpha.-Diphenylglycolic acid 2-(Diisopropylamino) ethanethiol Diphenylhydroxyacetic acid Diisopropylaminoethanethiol .alpha.-Hydroxy-2,2-diphenylacetic .beta.-Diisopropylaminoethanethiol acid 2-(bis(1-Methylethyl)amino) 2-Hydroxy-2,2-diphenylacetic acid ethanethiol
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(11) (C.A.S. #4261–68–1) N, N- Methylphosphonous acid 2-(bis(1- Diisopropyl-.2-aminoethyl chloride methylethyl)amino)ethyl ethyl hydrochloride ester (12) (C.A.S. #96–80–0) N,N-Diisopropyl- (21) (C.A.S. #1498–40–4) .beta.-aminoethanol Ethylphosphonous dichloride N,N-Diisopropyl-2-aminoethanol Dichloroethylphosphine 2-(Diisopropylamino) ethanol Ethyl phosphonous dichloride (N,N-Diisopropylamino) ethanol Ethyldichlorophosphine 2-(Diisopropylamino) ethyl alcohol (22) (C.A.S. #430–78–4) Ethylphosphonus N,N-Diisopropylethanolamine difluoride (13) (C.A.S. #96–79–7) N,N-Diisopropyl- Ethyldifluorophosphine .beta.-aminoethyl chloride (23) (C.A.S. #1066–50–8) Ethylphosphonyl 2-Chloro-N,N-diisopropylethanamine dichloride 1-Chloro-N,N- Dichloroethylphosphine oxide diisopropylaminoethane Ethanephosphonyl chloride 2-Chloro-N,N-diisopropylethylamine Ethylphosphinic dichloride N-(2-chloroethyl)-N-(1-methylethyl)- Ethylphosphonic acid dichloride 2-propanamine Ethylphosphonic dichloride # N-(2-Chloroethyl) diisopropylamine (24) (C.A.S. 753–98–0) Ethylphosphonyl N,N-Diisopropyl-2-chloroethylamine difluoride 1-(Diisopropylamino)-2-cholorethane Ethyl difluorophosphite 2-(Diisopropylamino)ethyl chloride Ethyldifluorophosphine oxide Diisopropylaminoethyl chloride Ethylphosphonic difluoride (25) (C.A.S. #7664–39–3) Hydrogen fluo- .beta.-Diisopropylaminoethyl chlo- ride ride Anhydrous hydrofluoric acid (14) (C.A.S. #108–18–9) Diisopropylamine Fluorhydric acid N,N-Diisopropylamine Fluorine monohydride N-(1-Methylethyl)-2-propanamine Hydrofluoric acid gas (15) (C.A.S. #6163–75–3) Dimethyl (26) (C.A.S. #3554–74–3) 3-Hydroxyl-1- ethylphosphonate methylpiperidine Dimethyl ethanephosphonate 3-Hydroxy-N-methylpiperidine Ethylphosphonic acid dimethyl ester 1-Methyl-3-hydroxypiperidine # (16) (C.A.S. 756–79–6) Dimethyl N-Methyl-3-hydroxypiperidine methylphosphonate 1-Methyl-3-piperidinol Dimethoxymethyl phosphine oxide N-Methyl-3-piperidinol Dimethyl methanephosphonate (27) (C.A.S. #76–89–1) Methyl benzilate Methanephosphonic acid dimethyl Benzilic acid methyl ester ester .alpha.-Hydroxy-.alpha.- Methylphosphonic acid dimethyl phenylbenzeneacetic acid methyl ester ester (17) (C.A.S. #868–85–9) Dimethyl Methyl .alpha.-phenylmandelate phosphite Methyl diphenylglycolate Dimethoxyphosphine oxide (28) (C.A.S. #676–83–5) Dimethyl acid phosphite Methylphosphonous dichloride Dimethyl hydrogen phosphite Dichloromethylphosphine Dimethyl phosphonate Methyldichlorophosphine Hydrogen dimethyl phosphite Methylphosphorus dichloride Methyl phosphate (29) (C.A.S. #753–59–3) (18) (C.A.S. #124–40–3) Dimethylamine Methylphosphonous diflouride N-Methyl methanamine Difluoromethylphosphine (19) (C.A.S. #506–59–2) Dimethylamine Methyldifluorophosphine hydrochloride (30) (C.A.S. #676–97–1) Dimethylammonium chloride Methylphosphonyl dichloride N-Methyl methanamine hydro- Dichloromethylphosphine oxide chloride Methanephosphonodichloridic acid (20) (C.A.S. #57856–11–8) O-Ethyl-2- Methanephosphonyl chloride diisoprophylaminoethyl Methylphosphonic acid dichloride methylphosphonite (QL) Methylphosphonic dichloride
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Methylphosphonodichloridic acid Potassium monofluoride Methylphosphonyl chloride (40) (C.A.S. #7789–29–9) Potassium hy- (31) (C.A.S. #676–99–3) drogen fluoride Methylphosphonyl difluoride Hydrogen potassium difluoride Difluoromethylphosphine oxide Hydrogen potassium fluoride Methyl difluorophosphite Potassium acid fluoride Methylphosphonic difluoride Potassium bifluoride (32) (C.A.S. #10025–87–3) Phosphorus Potassium hydrogen difluoride oxychloride Potassium monohydrogen difluoride Phosphonyl trichloride (41) (C.A.S. #1619–34–7) 3-Quinuclidinol Phosphoric chloride 1-Azabicyclo(2.2.2)octan-3-ol Phosphoric trichloride 3-Hydroxyquinuclidine Phosphoroxychloride (42) (C.A.S. #3731–38–2) 3-Quinuclidinone Phosphoroxytrichloride 1-Azabicyclo(2.2.2)octan-3-one Phosphorus chloride oxide 3-Oxyquinuclidine Phosphorus monoxide trichloride Quinuclidone Phosphorus oxide trichloride (43) (C.A.S.) #1333–83–1) Sodium Phosphorus oxytrichloride bifluoride Phosphorus trichloride oxide Sodium hydrogen difluoride Phosphoryl trichloride Sodium hydrogen fluoride Trichlorophosphine oxide (44) (C.A.S. #143–33–9) Sodium cyanide Trichlorophosphorus oxide (45) (C.A.S. #7681–49–4) Sodium fluoride (33) (C.A.S. #10026–13–8) Phosphorus Sodium monofluoride pentachloride (46) (C.A.S. #1313–82–2) Sodium sulfide Pentachlorophosphorane Disodium monosulfide Pentachlorophosphorus Disodium sulfide Phosphoric chloride Sodium monosulfide Phosphorus(V) chloride Sodium sulphide Phosphorus perchloride (47) (C.A.S. #10025–67–9) Sulfur (34) (C.A.S. #1314–80–3) Phosphorus Monochloride pentasulfide (48) (C.A.S. #10545–99–0) Sulfur Diphosphorus pentasulfide dicholoride Phosphoric sulfide (49) (C.A.S. #111–48–8) Thiodiglycol Phosphorus persulfide Bis(2-hydroxyethyl) sulfide Phosphorus sulfide Bis(2-hydroxyethyl) thioether (35) (C.A.S. #7719–12–2) Phosphorus tri- Di(2-hydroxyethyl) sulfide chloride Diethanol sulfide Phosphorus chloride 2,2′-Dithiobis-(ethanol) Trichlorophosphine 3-Thiapentane-1,5-diol (36) C.A.S. #75–97–8) Pinacolone 2,2′-Thiobisethanol tert-Butyl methyl ketone 2,2′-Thiodiethanol 2,2-Dimethyl-3-butanone Thiodiethylene glycol 3,3-Dimethyl-2-butanone 2,2′-Thiodiglycol 2,2-Dimethylbutanone (50) C.A.S. #7719–09–7) Thionyl chloride 3,3-Dimethylbutanone Sulfinyl chloride 1,1-Dimethylethyl methyl ketone Sulfinyl dichloride Methyl tert-butyl ketone Sulfur chloride oxide Pinacolin Sulfur oxychloride Pinacoline Sulfurous dichloride 1,1,1-Trimethylacetone Sulfurous oxychloride (37) (C.A.S. #464–07–3) Pinacolyl alcohol Thionyl dichloride tert-Butyl methyl carbinol (51) (C.A.S. #102–71–6) Triethanolamine 2,2-Dimethyl-3-butanol Alkanolamine 244 3,3-Dimethyl-2-butanol Nitrilotriethanol 1-Methyl-2,2-dimethylpropanol 2,2′,2″-Nitrilotriethanol (38) (C.A.S. #151–50–8) Potassium cya- 2,2′,2″-Nitrilotris(ethanol) nide TEA (39) (C.A.S. #7789–23–3) Potassium fluo- TEA (amino alcohol) ride Tri (2-hydroxyethyl) amine
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Triethanolamin § 770.3 Interpretations related to ex- Tris (.beta.-hydroxyethyl) amine ports of technology and software to Tris (2-hydroxyethyl) amine destinations in Country Group D:1. Trolamine (a) Introduction. This section is in- (52) (C.A.S. #637–39–8) Triethanolamine tended to provide you additional guid- hydrochloride ance on how to determine whether (53) (C.A.S. #122–52–1) Triethyl your technology or software would be phosphite eligible for a License Exception, may Phosphorous acid triethyl ester be exported under NLR, or require a li- Triethoxyphosphine cense, for export to Country Group D:1. Tris(ethoxy)phosphine (b) Scope of licenses. The export of (54) (C.A.S. #121–45–9) Trimethyl technology and software under a li- phosphite cense is authorized only to the extent specifically indicated on the face of the Phosphorus acid trimethyl ester license. The only technology and soft- Trimethoxyphosphine ware related to equipment exports that (l) Interpretation 12: Computers. (1) may be exported without a license is Digital computers or computer systems technology described in §§ 734.7 through classified under ECCN 4A003.a, .b, or .c, 734.11 of the EAR; operating technology that qualify for ‘‘No License Required’’ and software described in § 740.8(a) of (NLR) must be evaluated on the basis the EAR; sales technology described in of CTP alone, to the exclusion of all § 740.8(b) of the EAR; and software up- other technical parameters. Computers dates described in § 740.8(c) of the EAR. controlled in this entry for MT reasons (c) Commingled technology and soft- are not eligible for License Exception ware. (1) U.S.-origin technology does CTP regardles of the CTP of the com- not lose its U.S.-origin when it is puter. Digital computers or computer redrawn, used, consulted, or otherwise systems classified under ECCN 4A003.a, commingled abroad in any respect with .b, or .c that qualify for License Excep- other technology of any other origin. tion CTP must be evaluated on the Therefore, any subsequent or similar basis of CTP, to the exclusion of all technical data prepared or engineered other technical parameters, except for abroad for the design, construction, op- parameters of Missile Technology con- eration, or maintenance of any plant or cern, or ECCN 4A003.e (equipment per- equipment, or part thereof, which is forming analog-to-digital conversions based on or utilizes any U.S.-origin exceeding the limits in ECCN technology, is subject to the EAR in 3A001.a.5.a). This License Exception the same manner as the original U.S.- does not authorize the export or reex- origin technology, including license re- port of computers controlled for MT quirements, unless the commingled purposes regardless of the CTP. Assem- technology is not subject to the EAR blies performing analog-to-digital con- by reason of the de minimis exclusions versions are evaluated under Category described in § 734.4 of the EAR. 3—Electronics, ECCN 3A001.a.5.a. (2) U.S.-origin software that is incor- (2) Related equipment classified porated into or commingled with for- eign-origin software does not lose its under ECCN 4A003.d, .e, .f, or .g may be U.S.-origin. Such commingled software exported or reexported under License is subject to the EAR is the same man- Exceptions GBS or CIV. When related ner as the original U.S.-origin soft- equipment is exported or reexported as ware, including license requirements, part of a computer system, NLR or Li- unless the commingled software is not cense Exception CTP is available for subject to the EAR by reason of the de the computer system and the related minimis exclusions described in § 734.4 of equipment, as appropriate. the EAR. [61 FR 12920, Mar. 25, 1996, as amended at 61 (d) Certain License Exception. The fol- FR 67450, Dec. 23, 1996; 62 FR 6686, Feb. 12, lowing questions and answers are in- 1997; 62 FR 25469, 25470, May 9, 1997] tended to further clarify the scope of
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