1. (a) General prohibition. In addition to the license requirements for items specified on the CCL, you may not export, reexport, or transfer (in-country) without a license any item subject to the EAR meeting the product scope in paragraph (a)(1) of this section when you have “knowledge” at the time of export, reexport, or transfer (in-country) that the item is destined for the end-use described in paragraph (a)(2) of this section.

   1. (1) Product scope. Any of the following items meet the product scope of the prohibition in this section:

      1. (i) An integrated circuit (IC) subject to the EAR and specified in ECCN 3A001, 3A991, 4A994, 5A002, 5A004, or 5A992 when you know the item will be used in an end use described under paragraph (a)(2)(i) or (ii) of this section;
      2. (ii) A computer, “electronic assembly,” or “component” subject to the EAR and specified in ECCN 4A003, 4A004, 4A994, 5A002, 5A004, or 5A992 when you know the item will be used in an end use described under paragraph (a)(2)(i) or (ii) of this section;
      3. (iii) Any items subject to the EAR when you know the items will be used in an end use described in paragraphs (a)(2)(iii)(A) through (C) of this section;
      4. (iv) Any items subject to the EAR and classified in an ECCN in Product Groups B, C, D, or E in Category 3 of the CCL when you know the items will be used in an end use described in paragraph (a)(2)(iv) of this section; or
      5. (v) Any item subject to the EAR when you know the item will be used in an end use described in paragraph (a)(2)(v) of this section.

   2. (2) End-use scope. The following activities meet the end-use scope of the prohibition in this section:

      1. (i) The “development,” “production,” “use,” operation, installation (including on-site installation), maintenance (checking), repair, overhaul, or refurbishing of a “supercomputer” located in or destined to the PRC;
      2. (ii) The incorporation into, or the “development” or “production” of any “component” or “equipment” that will be used in a “supercomputer” located in or destined to the PRC; or

      3. (iii) The “development” or “production,” of integrated circuits at a semiconductor fabrication “facility” located in the PRC that fabricates integrated circuits meeting any of the following criteria:

         1. (A) Logic integrated circuits using a non-planar transistor architecture or with a “production” technology node of 16/14 nanometers or less;
         2. (B) NOT AND (NAND) memory integrated circuits with 128 layers or more; or
         3. (C) Dynamic random-access memory (DRAM) integrated circuits using a “production” technology node of 18 nanometer half-pitch or less; or
      4. (iv) The “development” or “production” of integrated circuits at any semiconductor fabrication “facility” located in the PRC, but you do not know whether such semiconductor fabrication “facility” fabricates integrated circuits that meet any of the criteria in paragraphs (a)(2)(iii)(A) through (C) of this section; or
      5. (v) The “development” or “production” in the PRC of any “parts,” “components,” or “equipment” specified under ECCN 3B001, 3B002, 3B090, 3B611, 3B991, or 3B992.
2. (b) Additional prohibition on persons informed by BIS. BIS may inform persons, either individually by specific notice or through amendment to the EAR published in the Federal Register, that a license is required for a specific export, reexport, or transfer (in-country) of any item subject to the EAR to a certain end-user, because there is an unacceptable risk of use in, or diversion to, the activities specified in paragraph (a)(2) of this section. Specific notice is to be given only by, or at the direction of, the Deputy Assistant Secretary for Export Administration. When such notice is provided orally, it will be followed by a written notice within two working days signed by the Deputy Assistant Secretary for Export Administration or the Deputy Assistant Secretary's designee. However, the absence of any such notification does not excuse persons from compliance with the license requirements of paragraph (a) of this section.
3. (c) License exceptions. No license exceptions may overcome the prohibition described in paragraph (a) of this section.
4. (d) License review standards. There is a presumption of denial for applications to export, reexport, or transfer (in-country) items described in paragraph (a)(1) of this section that are for end uses described in paragraph (a)(2) of this section, except for items controlled under paragraph (a)(2)(iii) of this section for end users in China that are headquartered in the United States or in a Country Group A:5 or A:6 country, which will be considered on a case-by-case basis taking into account factors including technology level, customers and compliance plans.

[87 FR 62201, Oct. 13, 2022]