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(vii) Evidence that the parts and compo- SUPPLEMENT NO. 2 TO PART 768—ITEMS nents of the item are of foreign origin or are ELIGIBLE FOR EXPEDITED LICENSING exempt from U.S. licensing requirements by PROCEDURES [RESERVED] the parts and components provision § 732.4 of the EAR. (3) Sufficient quantity: PART 770—INTERPRETATIONS (i) Evidence that foreign sources have the item in serial production; Sec. (ii) Evidence that the item or its product is 770.1 Introduction. used in civilian applications in foreign coun- 770.2 Item interpretations. tries; 770.3 Interpretations related to exports of (iii) Evidence that a foreign country is technology and software to destinations marketing in the specific country an item of in Country Group D:1. its indigenous manufacture; AUTHORITY: 50 U.S.C. app. 2401 et seq.; 50 (iv) Evidence of foreign inventories of the U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 3 item; CFR, 2001 Comp., p. 783; Notice of August 7, (v) Evidence of excess capacity in a foreign 2015, 80 FR 48233 (August 11, 2015). country’s production facility; (vi) Evidence that foreign countries have § 770.1 Introduction. 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 worldwide market (i.e., demand, production terpretations. These interpretations rate for the item for various manufacturers, clarify the scope of controls where such plant capacities, installed tooling, monthly scope is not readily apparent from the 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; (iv) A comparative evaluation, preferably ing or bearing systems and specially de- 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; friction bearings or bearing systems (vi) Evidence of the interchangeability of 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. (viii) Evidence that the U.S. and foreign (2) An anti-friction bearing or bear- items meet a published industry, national, or ing system physically incorporated in a international standard; segment of a machine or in a complete (ix) A report or eyewitness account, by machine prior to shipment loses its deposition or otherwise, of the foreign item’s identity as a bearing. In this scenario, operation; the machine or segment of machinery (x) Evidence concerning the foreign manu- containing the bearing is the item sub- facturers’ corporate reputation; ject to export control requirements. (xi) Comparison of the U.S. and foreign end (3) An anti-friction bearing or bear- item(s) made from a specific commodity, tool(s), device(s), or technical data; or ing system not incorporated in a seg- (xii) Evidence of the reputation of the for- ment of a machine prior to shipment, eign item including, if possible, information but shipped as a component of a com- on maintenance, repair, performance, and plete unassembled (knocked-down) ma- other pertinent factors. chine, is considered a component of a

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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 2B001.a. ‘‘Numerical control’’ units in- U.S. Department of State (22 CFR parts clude computers with add-on ‘‘motion 120 through 130), except for the fol- control boards’’. A computer with add- lowing, which are under the jurisdic- on ‘‘motion control boards’’ for ma- tion of the Department of Commerce: chine tools may be controlled under (1) Cartridge and shell cases that ECCN 2B001.a even when the computer have been rendered useless beyond the alone without ‘‘motion control boards’’ possibility of restoration to their origi- is not subject to licensing require- nal identity by means of excessive ments under Category 4 and the ‘‘mo- heating, flame treatment, mangling, tion control boards’’ are not controlled crushing, cutting, or by any other under ECCN 2B001.b. method are ‘‘scrap’’. (2) Export documentation requirement. (2) Cartridge and shell cases that (i) When preparing a license applica- have been sold by the armed services as tion for a numerical control system, ‘‘scrap’’, whether or not they have been

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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- dimethylphosphoro-amidate (h)—(j) [Reserved] ′ (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 Dimethylphosphoramidic acid Chemical Abstract Service Registry diethyl ester (C.A.S.) number and synonyms (i.e., al- (8) (C.A.S. #762–04–9) Diethyl ternative names) are included to help phosphite you determine whether or not your Diethoxyphosphine oxide chemicals are controlled by this entry. Diethyl acid phosphite (1) (C.A.S. #1341–49–7) Ammonium hy- Diethyl hydrogen phosphite drogen bifluoride Diethyo phosphonate Acid ammonium fluoride Hydrogen diethyl phosphite Ammonium bifluoride (9) (C.A.S. #100–37–8) N, N- Ammonium difluoride Diethylethanolamine Ammonium hydrofluoride N,N-Diethyl-2-aminoethanol Ammonium hydrogen bifluoride Diethyl (2-hydroxyethyl) amine Ammonium hydrogen difluoride N,N-Diethyl-N-(.beta.-hydroxyethyl) Ammonium monohydrogen difluoride amine (2) (C.A.S. #7784–34–1) Arsenic tri- N,N-Diethyl-2-hydroxyethylamine chloride Diethylaminoethanol Arsenic (III) chloride 2-(Diethylamino) ethanol Arsenous chloride 2-(Diethylamino)ethyl alcohol Fuming liquid arsenic N,N-Diethylmonoethanolamine Trichloroarsine (2-Hydroxyethyl) diethylamine (3) (C.A.S. #76–93–7) Benzilic acid 2-Hydroxytriethylamine .alpha.,.alpha.-Diphenyl-.alpha.- (10) (C.A.S. #5842–07–9) N,N- hydroxyacetic acid Diisopropyl-.beta.-aminoethane thiol Diphenylglycolic acid 2-(Diisopropylamino) ethanethiol .alpha.,.alpha.-Diphenylglycolic acid Diisopropylaminoethanethiol Diphenylhydroxyacetic acid .beta.-Diisopropylaminoethanethiol .alpha.-Hydroxy-2,2-diphenylacetic 2-(bis(1-Methylethyl)amino) acid ethanethiol 2-Hydroxy-2,2-diphenylacetic acid (11) (C.A.S. #4261–68–1) N, N- .alpha.-Hydroxy-.alpha.- Diisopropyl-.2-aminoethyl chloride hy- phenylbenzeneacetic acid drochloride Hydroxydiphenylacetic acid (12) (C.A.S. #96–80–0) N,N-Diisopropyl- (4) (C.A.S. #107–07–3) 2-Chloroethanol .beta.-aminoethanol

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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 .alpha.-Hydroxy-.alpha.- (15) (C.A.S. #6163–75–3) Dimethyl phenylbenzeneacetic acid methyl ethylphosphonate ester Dimethyl ethanephosphonate Methyl .alpha.-phenylmandelate Ethylphosphonic acid dimethyl ester Methyl diphenylglycolate (16) (C.A.S. #756–79–6) Dimethyl (28)–(31) [Reserved] methylphosphonate (32) (C.A.S. #10025–87–3) Phosphorus Dimethoxymethyl phosphine oxide oxychloride Dimethyl methanephosphonate Phosphonyl trichloride Methanephosphonic acid dimethyl Phosphoric chloride ester Phosphoric trichloride Methylphosphonic acid dimethyl Phosphoroxychloride ester Phosphoroxytrichloride (17) (C.A.S. #868–85–9) Dimethyl Phosphorus chloride oxide phosphite Phosphorus monoxide trichloride Dimethoxyphosphine oxide Phosphorus oxide trichloride Dimethyl acid phosphite Phosphorus oxytrichloride Dimethyl hydrogen phosphite Phosphorus trichloride oxide Dimethyl phosphonate Phosphoryl trichloride Hydrogen dimethyl phosphite Trichlorophosphine oxide Methyl phosphate Trichlorophosphorus oxide (18) (C.A.S. #124–40–3) Dimethylamine (33) (C.A.S. #10026–13–8) Phosphorus N-Methyl methanamine pentachloride (19) (C.A.S. #506–59–2) Dimethylamine Pentachlorophosphorane hydrochloride Pentachlorophosphorus Dimethylammonium chloride Phosphoric chloride N-Methyl methanamine hydro- Phosphorus(V) chloride chloride Phosphorus perchloride (20) [Reserved] (34) (C.A.S. #1314–80–3) Phosphorus (21) (C.A.S. #1498–40–4) pentasulfide Ethylphosphonous dichloride Diphosphorus pentasulfide Dichloroethylphosphine Phosphoric sulfide Ethyl phosphonous dichloride Phosphorus persulfide Ethyldichlorophosphine Phosphorus sulfide (22) (C.A.S. #430–78–4) (35) (C.A.S. #7719–12–2) Phosphorus Ethylphosphonus difluoride trichloride

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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 Sodium hydrogen difluoride (l) Interpretation 12: Computers. (1) Sodium hydrogen fluoride Digital computers or computer systems (44) (C.A.S. #143–33–9) Sodium cyanide classified under ECCN 4A003.b or .c, (45) (C.A.S. #7681–49–4) Sodium fluo- that qualify for ‘‘No License Required’’ ride (NLR) must be evaluated on the basis Sodium monofluoride of Adjusted Peak Performance (APP) (46) (C.A.S. #1313–82–2) Sodium sulfide alone, to the exclusion of all other Disodium monosulfide technical parameters. Digital com- Disodium sulfide puters or computer systems classified Sodium monosulfide under ECCN 4A003.b or .c that qualify Sodium sulphide for License Exception APP must be (47) (C.A.S. #10025–67–9) Sulfur evaluated on the basis of APP, to the Monochloride exclusion of all other technical param- (48) (C.A.S. #10545–99–0) Sulfur eters, except for ECCN 4A003.e (equip- dicholoride ment performing analog-to-digital con- (49) (C.A.S. #111–48–8) Thiodiglycol versions exceeding the limits in ECCN

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

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(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? (ii) Answer 1. Export of technology AUTHORITY: 50 U.S.C. app. 2401 et seq.; 50 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 2015, 80 FR 48233 (August 11, 2015). ‘‘application to situations abroad of personal knowledge or technical expe- SOURCE: 61 FR 12925, Mar. 25, 1996, unless 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 provided for a fee, and is scheduled to that term is found. If a term is used in take place in part in the customer’s fa- only one Export Control Classification cility and in part in the U.S. Can we Number (ECCN) on the CCL, then that now proceed with this training at both term will not appear in this part, but locations under a License Exception? will be defined in the Related Defini- (ii) Answer 2. (A) Provided that this is tions paragraph in the List of Items your normal training, and involves Controlled Section of that ECCN. technology contained in your manuals 600 series. ECCNs in the ‘‘xY6zz’’ for- and standard instructions for the ex- mat on the Commerce Control List ported equipment, and meets the other (CCL) that control items on the CCL requirements of License Exception that were previously controlled on the TSU for operation technology and soft- U.S. Munitions List or that are covered

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