REVISION BIS LICENSE TYPE C65 – (TGL) Temporary General License
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 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 amended the existing Temporary General License (TGL) in supplement number 1 to part 736, paragraph (d), General Order number 4 of the Export Administration Regulations (EAR). General Order number 4 is amended to add newly added semiconductor manufacturing equipment (SME) ECCNs to this authorization in paragraph (d)(1)(i) and add 3A090.c under certain conditions to this authorization in paragraph (d)(2)(ii).
Revised License Code C65 (TGL)
An update has been made to AES to revise License Code C65 “Temporary General License” (TGL), which authorizes certain exports, reexports, in-country transfers, and exports from abroad destined to or within China or Macau by companies not headquartered in Country Groups D:1 or D:5 or E (see supplement no. 1 to part 740 of the EAR) to continue or engage in integration, assembly (mounting), inspection, testing, quality assurance, and distribution of items covered by ECCN 3A090.a or .b, 4A090, and associated software and technology in ECCN 3D001 (for 3A090.a or .b), 3E001 (for 3A090.a or .b), 4D090, or 4E001; or any item that is a computer, integrated circuit, “electronic assembly” or “component” and associated software and technology, specified elsewhere on Commerce Control List (supplement no. 1 to part 774), which meets or exceeds the performance parameters of ECCN 3A090.a or .b or 4A090.
Under the new interim final rule, ECCNs added to the “Less Restricted SME “parts,” “components”, or “equipment” paragraph (d)(1)(i) include 3B001.c.4, 3B993.b.1, c.2, c.3, d.4, f.2, f.3, o.2, q.1, q.2, 3B994, 3D993.a (for commodities specified in paragraph (d)(1)(i)(B)), 3D993.b through .d, 3D994, 3E993.a (for commodities specified in paragraph (d)(1)(i)(B)), 3E993.b, and 3E994.
Additionally, paragraph (d)(2)(ii) pertaining to advanced computing items is revised by adding 3A090.c when destined to or within Macau or a destination in Country Group D:5. A new paragraph, (d)(2)(ii)(B), is added to add an additional ultimate end use for 3A090.c, 3D001 (for 3A090.c), 3E001 (for 3A090.c).
The full terms of this Temporary General License are described in General Order No. 4 of in paragraph (d) in supplement no. 1 to part 736 of the EAR. See paragraph (d)(3) for item-based changes to validity dates.
AES filers must adhere to the following new reporting when using C65 (TGL) to prevent the return of fatal errors from AES:
- AES filers must adhere to the following new reporting when using C65 (TGL) to prevent the return of fatal errors from AES.
- Report License Code: C65 Temporary General License (TGL)
- Allowable ECCNs until December 31, 2025 under General Order #4 (d)(1)(i)(A): ECCNs 3A001.z; 3A090.a and 3A090.b; 3D001 (for “software” for commodities controlled by 3A001.z, 3A090.a and 3A090.b); 3E001 (for “technology” for commodities controlled by 3A001.z, 3A090.a and .b); 4A003.z; 4A004.z; 4A005.z; 4A090; 4D001 (for “software” for commodities controlled by 4A003.z, 4A004.z, and 4A005.z); 4D090; 4E001 (for “technology” for commodities controlled by 4A003.z, 4A004.z, 4A005.z, 4A090 or “software” specified by 4D001 (for 4A003.z, 4A004.z, and 4A005.z); 4D090; 5A002.z; 5A004.z; 5A992.z; 5D002.z; 5D992.z; 5E002 (for “technology” for commodities controlled by 5A002.z or 5A004.z or “software” specified by 5D002 (for 5A002.z or 5A004.z commodities)); or 5E992 (for “technology” for commodities controlled by 5A992.z or “software” controlled by 5D992.z) of the Commerce Control List (CCL).
- Allowable ECCNs until December 31, 2026 under General order #4 (d)(1): ECCN 3A991, 3B001.c.4, 3B992, 3B993.b.1, c.2, c.3, d.4, f.2, f.3, o.2, q.1, q.2, 3B994, 3D991, a (for commodities specified in this paragraph), 3D993.b through d, 3D994, 3E993.a (for commodities specified in this paragraph), 3E991, 3E993.b, or 3E994.
- Allowable ECCNs until December 31, 2026 under General Order #4 (d)(2)(i)(B): 3A090.c, 3D001 (for 3A090.c), and 3E001 (for 3A090.c)
- 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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