15 C.F.R. § 742.6
(a) License requirements. The following controls are maintained in support of U.S. foreign policy to maintain regional stability:
(2) Special RS Column 1 license requirements applicable to certain thermal imaging cameras.
(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) Certain semiconductor manufacturing equipment and associated software and technology—(1) Scope. A license is required for exports, reexports, and transfers (in-country) to or within either Macau or a destination specified in Country Group D:5 in supplement no. 1 to part 740 of the EAR of items specified in 3B001.a.4, c, d, f.1, f.5, k to n, p.2, p.4, r, 3B002.c, 3D992, or 3E992.
(2) Exclusions. The license requirements in this paragraph (a)(6)(i)(A) do not apply to any of the following:
(i) Deemed exports or deemed reexports.
(ii) An item subject to the EAR pursuant to §§ 734.4(a)(8) or 734.9(k) if the item is reexported or exported from abroad by an entity located in a country specified in supplement. no. 4 to this part, and the entity is not headquartered or have an ultimate parent company headquartered in Country Group D:5 or Macau.
(iii) An item subject to the EAR pursuant to §§ 734.4(a)(8) or 734.9(k) if the item is reexported or exported from abroad by an entity located in a country that has implemented equivalent controls for items specified in paragraph (a)(6)(i)(A)(1) of this section, and the entity is not headquartered or have an ultimate parent company headquartered in Country Group D:5 or Macau. For the purposes of this paragraph, 'equivalent' means the item is listed on the country's export control list and the country applies the same license review policy. To receive assistance in determining countries with equivalent controls, you may submit an advisory opinion request in accordance with § 748.3(c) of the EAR.
(10)
(ii) Deemed export and deemed reexport exclusions. The license requirements in paragraph (a)(10)(i) of this section do not apply to deemed exports or deemed reexports to the extent consistent with paragraphs (a)(10)(ii)(A) and (B) of this section.
(B) Deemed export and deemed reexport exclusion—(1) Limited exclusion. There is a limited deemed export or deemed reexport exclusion from the license requirements in paragraph (a)(10)(i) of this section for the following “software” or “technology” ECCNs, unless for foreign persons whose most recent citizenship or permanent residency is a destination specified in Country Group D:1 or D:5: 2D910; 2E910;3D001 (“software” for “EUV” masks and reticles in ECCN 3B001. q); 3D901 (for “software” for quantum items in ECCNs 3A901.b, 3B904 and scanning electron microscopes (SEM) in ECCN 3B903); 3D907 “software” designed to extract “GDSII” or equivalent data; 3E001 (“technology” for “EUV” masks and reticles in ECCN 3B001.q), 3E901 (for “technology for quantum items in 3A901, 3A904, 3B904, 3C907, 3C908, and 3C909, and for SEMs in ECCN 3B903); 3E905 (“technology” according to the General Technology Note for the “development” or “production” of integrated circuits or devices, using “Gate all-around Field-Effect Transistor” (“GAAFET”) structures); and “technology” for quantum items in ECCNs 4D906 or 4E906.
(2) Full exclusion. There is a full deemed export and reexport exclusion in § 742.6(a)(6)(iv) that conveys to the license requirement in this paragraph (a)(10) for “technology” and “software” in ECCNs 3D001, 3D002, and 3E001 for anisotropic dry plasma etch equipment and isotropic dry etch equipment in 3B001.c.1.a and c.1.c.
(b) Licensing policy—(1) Licensing policy for RS Column 1 items.
(i) Applications for exports and reexports of ECCN 0A501, 0A502, 0A504, 0A505, 0A506, 0A507, 0A508, 0A509, 0B501, 0B505, 0D501, 0D505, 0E501, 0E504, and 0E505 items, 9x515, and “600 series” items will be reviewed under the following policies:
(2) Licensing policy for RS Column 2 items.
(5) Spacecraft for launch.
(iii) License review policy for paragraph (a)(6)(iii) of this section.
(B) License applications will be reviewed under a presumption of denial for the export, reexport, or transfer (in-country) of items specified in paragraph (a)(6)(iii) of this section to or within destinations in Country Group D:5 or Macau, or to an entity headquartered in or whose ultimate parent company is headquartered in a destination in Country Group D:5 or Macau, unless either of the following apply, in which case they will be subject to a case-by-case license review policy if either of the following apply:
(1) The commodity meets the parameters of 3A090.a and is not designed or marketed for use in a datacenter; or
(2) The commodity meets the parameters of 3A090.b and is designed or marketed for use in a datacenter.
(c)
(d) U.S. controls. Although the United States seeks cooperation from like-minded countries in maintaining regional stability controls, at this time these controls are maintained only by the United States.
Editorial Note:For Federal Register citations affecting § 742.6, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.
[61 FR 12786, Mar. 25, 1996]