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CSMS # 62182885 - NEW BIS LICENSE TYPE C70 – IMPLEMENTED EXPORT CONTROL (IEC)

On Thursday, September 5, 2024, the Department of Commerce, Bureau of Industry and Security (BIS) published an interim final rule with an effective date of September 6, 2024 - https://public-inspection.federalregister.gov/2024-19633.pdf

This interim final rule establishes new controls on advanced technologies consistent with international partners and creates the new License Exception “Implemented Export Control” (IEC) that authorizes exports of certain items to destinations in the circumstances described in the rule. As a result of this rule, the following change will be made to the Automated Export System (AES) in order for exporters and authorized agents to successfully report electronic export information in the AES.

The Addition of Export Control Classification Numbers (ECCN)

ECCNs 2B910, 2D910, 2E903, 2E910, 3A901, 3A904, 3B903, 3B904, 3C907, 3C908, 3C909, 3D002, 3D901, 3D907, 3E901, 3E905, 4A906, 4D906, and 4E906 will be added to the AES ECCN reference table.

Note: By using any of the License Exceptions or “No License Required” (NLR), you are certifying that the terms, provisions, and conditions described in the Export Administration Regulations (EAR) have been met.

A New License Code has been added to the AES

An update has been made to AES to create a new License Code C70 Implemented Export Control (IEC) that authorizes exports, reexports and transfers (in-country) to and by countries that have implemented equivalent technical controls for these newly added items. License Exception IEC allows the export, reexport and transfer (in- country) of these items to Canada, France, Germany, Italy, Japan, Spain, and the United Kingdom as described in part 740 of the EAR.

AES filers must adhere to the following new reporting when using C70 (IEC) to prevent the return of fatal errors from AES.

• Report License Code: C70 Implemented Export Control (IEC)
• The following ECCNs are eligible: 2B910, 2D910, 2E903, 2E910, 3A901, 3A904, 3B001, 3B903, 3B904, 3C907, 3C908, 3C909, 3D001, 3D002, 3D901, 3D907, 3E001, 3E901, 3E905, 4A906, 4D906, and 4E906 to the extent permitted under part 740 of the EAR and the respective ECCN entry.
• Allowable Countries: Australia, Canada, France, Germany, Italy, Japan, Spain, and the United Kingdom as described in part 740 of the EAR
• Allowable Export Information Codes: All except UG
• Allowable Modes of Transportation: All except ‘70’ (Fixed Transport)

Please refer to §740.24 Implemented Export Control (IEC) and §740.2 of the EAR for additional restrictions for this license exception.

A complete list of all 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

Western Regional Office (located in Irvine, CA): (949) 660–0144

Northern California branch (located in San Jose, CA): (408) 998-8806

Office of Technology Evaluation (located in Washington, DC): (202) 482-4933