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Supplement No. 2 to Part 743 Authorized Integrated Circuit Designer Know Your Customer (KYC) Vetting Form

This supplement contains a questionnaire that must be completed as part of the reporting requirements for authorized integrated circuit designers in § 743.9 of the EAR. The questions in the form are KYC best practices that are especially critical in this context where there is a risk of companies seeking advanced foundry services in circumvention of controls on advanced computing items.

Supplement No. 1 to Part 743—Wassenaar Arrangement Participating States

Argentina Australia Austria Belgium Bulgaria Canada Croatia Czech Republic Denmark Estonia Finland France Germany Greece Hungary India Ireland Italy Japan Latvia Lithuania Luxembourg Malta Mexico Netherlands New Zealand Norway Poland Portugal Romania Russia Slovakia Slovenia South Africa South Korea Spain Sweden Switzerland Turkey Ukraine United Kingdom United States [63 FR 55020, Oct. 14, 1998, as amended at 70 FR 41102, July 15, 2005; 71 FR 52964; Sept. 7, 2006; 77 FR 39369, July 2, 2012; 83 FR 38021, Aug. 3, 2018]

§ 743.9 Reporting requirements for “front-end fabricators” producing “applicable advanced logic integrated circuits” for authorized integrated circuit designers.

(a) Requirement. “Front-end fabricators” producing any integrated circuit specified under ECCN 3A090.a or presumed to be specified under ECCN 3A090.a by Note 1 to 3A090 for any authorized integrated circuit designer must submit reports to BIS in accordance with this section. Reports need not, however, include information about exports, reexports, or in-country transfers to an entity that is both an approved integrated circuit designer listed in supplement no.

§ 743.8 Reporting on quantum deemed exports and deemed reexports.

(a) Requirement. A report must be submitted to BIS in accordance with this section for the deemed export or deemed reexport under General License in General Order no. 6 in paragraph (f)(3) of supplement no. 1 to part 736 of the EAR to foreign person employees whose most recent country of citizenship or permanent residency is a destination specified in Country Group D:1 or D:5 of quantum “software” or “technology” specified in the following ECCNs: 3D901 (for 3A901.b, 3B904), 3E901 (for 3A901, 3A904, 3B904, 3C907, 3C908, 3C909), 4D906, or 4E906. (b) Party responsible for reporting.

§ 743.7 Reporting on GAAFET General License.

(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.

§ 743.6 Prior notifications to Congress of exports of certain semiautomatic firearms.

(a) General requirement. Applications to export semi-automatic firearms controlled by ECCNs 0A506 or 0A507 will be notified to Congress as provided in this section before licenses for such items are issued, except as specified in paragraphs (a)(1) and (2) of this section. (1) Exports of semi-automatic firearms controlled by ECCNs 0A506 or 0A507 to personnel and agencies of the U.S.

§ 743.5 Prior notifications to Congress of Exports of “600 Series Major Defense Equipment.”

(a) General requirement. Applications to export items on the Commerce Control List that are “600 Series Major Defense Equipment” will be notified to Congress as provided in this section before licenses for such items are issued. (1) Exports of “600 Series Major Defense Equipment” to U.S. Government end users under License Exception GOV (§ 740.11(b) of the EAR) do not require such notification. (2) Exports of “600 Series Major Defense Equipment” that have been or will be described in a notification filed by the U.S.

§ 743.3 Thermal imaging camera reporting.

(a) General requirement. Exports of thermal imaging cameras must be reported to BIS as provided in this section. (b) Transactions to be reported. Exports that are not authorized by an individually validated license of more than 100 thermal imaging cameras in a monocular, biocular, or binocular configuration controlled by ECCN 6A003.b.4.b to a destination in Country Group A:1 (see supplement no. 1 to part 740 of the EAR), except Australia, Canada, or the United Kingdom, must be reported to BIS. (c) Party responsible for reporting.

§ 743.2 High performance computers: Post shipment verification reporting.

(a) Scope. This section outlines special post-shipment reporting requirements for exports of certain computers to destinations in Computer Tier 3, see § 740.7(d) for a list of these destinations. Post-shipment reports must be submitted in accordance with the provisions of this section, and all relevant records of such exports must be kept in accordance with part 762 of the EAR. (b) Requirement.
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