§ 740.26 License Exception Restricted Fabrication “Facility” (RFF).

(a) Scope. License Exception Restricted Fabrication “Facility” (RFF) authorizes the export, reexport, export from abroad, and transfer (in-country) of items not specified in ECCNs 3B001, 3B002, 3B993, 3B994, 3D992, 3D993, 3D994, 3E992, 3E993, or 3E994. Additionally, this license exception does not overcome destination-based license requirements in part 742, end-use based license requirements in other sections of part 744, or license requirements that apply to other entities on the Entity List if other listed entities that are not eligible for this license exception are a party to the transaction.

(b) Definition. A restricted fabrication “facility” is an entity that is on the Entity List in supplement no. 4 to part 744 of the EAR that has a reference to § 740.26 in the license requirement column.

(c) Restrictions. License Exception RFF is subject to the following restrictions.

(1) Items may not be used for the operation, installation, maintenance, repair, overhaul, or refurbishing of items specified in ECCNs 3B001.a.4, c, d, f.1, f.5, k to n, p.2, p.4, r, 3B002.c, 3B993, or 3B994 at a 'restricted fabrication facility'.

(2) The item may not be used to produce “advanced-node integrated circuits.”

(d) Notification requirements. Notifications must be sent to EAR [email protected]. Subject line 'LE RFF Notification pursuant to (d)(1)' for notifications required under (d)(1) and with the subject line 'LE RFF Notification pursuant to (d)(2)' for notifications required under (d)(2) of this section.

(1) 45-Days Prior. 45 days prior to exporting, reexporting, exporting from abroad, or transferring (in-country) items eligible under this license exception, a notification must be sent to BIS that includes the end-user's name and address, description of item(s), purchase price, and anticipated shipping date of shipment.

(2) Within one business day. If you gain “knowledge” that the end use has changed to “advance-node integrated circuit” “production,” you must notify BIS within one business day.

(e) Reporting requirements. Reports must be provided in electronic form. Recommended file formats for electronic submission include spreadsheets, tabular text, or structured text. Submitters may request other reporting arrangements with BIS to better reflect their business models. Reports are to be sent electronically to BIS at the email address: EAR [email protected]. Subject line Attn: LE RFF Installation Reports for paragraph (e)(1) or Attn: LE RFF Annual Confirmation Report for paragraph (e)(2) of this section.

(1) Installation. Within 30 days of installation of semiconductor manufacturing equipment, you must submit a report to BIS that includes the end-user's name and address, description of equipment that was installed, and date of installation. This email should reference previous notifications sent to BIS, including notifications.

(2) Annual end-use confirmation. On February 1 of each year that the exporter, reexporter, or transferor is continuing to provide service or for at least for five years from the date of last service, you must submit a report to BIS that you have confirmed that the installed semiconductor manufacturing equipment is not being used in the production of “advanced-node integrated circuits.”