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Interactive EAR

Chapter VII

§ 743.7 Reporting on GAAFET General License.

This version is the current regulation | Last updated: September 23, 2024

(a) Transactions to be reported—(1) Annual Reports. Annual reports are required for any export, reexport, or transfer (in-country) of “technology” specified in ECCN 3E905 that is not authorized by an individual validated license but is authorized pursuant to the GAAFET General License in General Order No. 6 paragraph (f)(1) or (f)(2) in supplement no. 1 to part 736 of the EAR .

(2) Termination reports. Companies that use the GAAFET General License for deemed exports and reexports to current employees of “technology” specified in ECCN 3E905 must report to BIS the voluntary or involuntary termination of employment of foreign person employees whose most recent country of citizenship or permanent residency is a destination specified in Country Group D:1 or D:5 within 30 days of termination.

(b) Party responsible for reporting. The entity who exported or reexported the items must ensure the reports required by this section are submitted to BIS.

(c) Information to be included in the reports—(1) Annual report information. The annual report must include the following:

(A) Description of the “technology” ;

(B) All parties, including name and address, involved in the collaboration; and

(C) End item of the “technology,” including a description and ECCN of the end item (if known).

(2) Termination report information. The termination report must include the following:

(A) Name of foreign person;

(B) Name of host company;

(C) If they are leaving the United States to go to a destination specified in Country Group D:1 or D:5 (if known); and

(D) If they are leaving to change employers within the United States.

(d) Annual reporting requirement. (1) You must submit the first report on November 5, 2024 subject to the provisions of this section. The report must be labeled with the exporting company's name and address at the top of each page and must include all the information specified in paragraph (c) of this section. The annual report shall cover collaboration occurring during the time between September 6, 2024 and October 28, 2024. Thereafter, reports are due according to the provisions of paragraph (d)(2) of this section.

(2) Annual reports for the reporting period ending December 31 must be received by BIS no later than February 1.

(e) Where to submit GAAFET General License reports—Report may be emailed to EAR [email protected] and must include “Annual report for GAAFET General License” or “Termination report for GAAFET General License” in the subject line, whichever is appropriate.

(f) Contacts. General information concerning the GAAFET General License report is available from the Office of National Security Controls, Tel. (202) 482-0092, or Email: EAR [email protected].

[89 FR 72939, Sept. 6, 2024]