NEW BIS LICENSE TYPE C71 – (HBM) High Bandwidth Memory
December 5, 2024
On Monday, December 2, 2024, the Department of Commerce, Bureau of Industry and Security (BIS) put on public inspection at the Office of the Federal Register an interim final rule (https://www.govinfo.gov/content/pkg/FR-2024-12-05/pdf/2024-28270.pdf) with an effective date of Monday, December 2, 2024 and a compliance date of December 31 for most provisions. The IFR is expected to publish in the Federal Register on Thursday, December 5, 2024. Among other actions, this interim final rule established new controls on high-bandwidth memory units under ECCN 3A090.c, and also creates a License Exception High Bandwidth Memory (HBM) in § 740.25 of the Export Administrations Regulations (EAR), 15 C.F.R. parts 730 – 774, which can be used for certain less advanced HBM units. This license exception, as specified under § 740.25, authorizes the export, reexport, or transfer (in-country) of items specified in ECCN 3A090.c on the Commerce Control List if all terms and conditions within paragraphs (a) through (e) are met.
(in-country) If the 3A090.c items are destined for packaging at any packaging site either (i) headquartered outside of Country Group A:5 or A:6 of supplement no. 1 to part 740, or (ii) having an ultimate parent headquartered in Macau or a location specified in Country Group D:5 of supplement no. 1 to part 740, then the finished, co-packaged products must be sent back to the exporter, reexporter, or transferor for export, reexport, or transfer (in-country) to the purchaser. This allows the exporter, reexporter, or transferor to confirm that no diversion to unauthorized end-users has occurred.
For other packaging sites that face lower diversion risk, it is possible to claim License Exception HBM without needing to send the co-packaged products back to the exporter, reexporter, or transferor, if certain conditions are met (for example, the co-packaged products must not exceed the technical thresholds in ECCN 3A090.
License Exception HBM under paragraph (b) specifies that the exporter, reexporter, or transferor must be headquartered in the United States or a destination specified in Country Group A:5 of supplement no. 1 to part 740, without an ultimate parent headquartered in Macau or a destination specified in Country Group D:5 of supplement no. 1 to part 740. No other exporter, reexporter, or transferor may use License Exception HBM.
3A090.c items exported, reexported, or transferred to or within Macau or a destination specified in Country Group D:5 of supplement no. 1 to part 740 must be directly purchased by the end user. 3A090.c items must be shipped directly to the packaging site, which is included to prevent diversion.
New License Code C71 (HBM)
An update has been made to AES to create new License Codes C71 “High Bandwidth Memory” (HBM) which authorizes certain export, reexport, and transfer (in-country) of items specified in ECCN 3A090.c. (in-country)
The full terms of License Exception HBM are described in § 740.25.
AES filers must adhere to the following new reporting when using C71 (HBM) to prevent the return of fatal errors from AES:
- Report License Code: C71 Restricted Fabrication Facility (HBM)
- Allowable ECCNs: 3A090.c
- Allowable countries: All Countries
- Allowable Export Information Codes: All except UG
- Allowable Modes of Transportation: All except ‘70’ (Fixed Transport)
A complete list of all of the AES License Codes and reporting instructions for these types can be found at https://www.cbp.gov/document/guidance/aestir-appendix-f-license-and-license-exemption-type-codes
For questions regarding these upcoming AES changes, please contact the Bureau of Industry and Security at one of the phone numbers below.
Outreach and Educational Services Division (located in Washington, DC) (202) 482-4811
Office of Technology Evaluation (located in Washington, DC): (202) 482-4933
Western Regional Office (located in Irvine, CA) (949) 660–0144
Northern California branch (located in San Jose, CA) (408) 998-8806
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