Today BIS announced an expansion of the military end-user/end-use rules under § 744.17 of the EAR.Chiefly, this expansion deals with a new combination item/end-use based license requirement for all microprocessors having a processing speed of 5 GFLOPS or more and an arithmetic logic unit with an access width of 32 bit or more, including those incorporating ‘‘information security”, when destined for military end-uses or military end-users in Country Group D:1 countries. This license requirement now also applies to in-country transfers to prohibited military end-users or end-uses as well as the software and technology to develop or produce the microprocessors.
The following ECCNs now have a License Requirement Note referencing these newly expanded controls 3A001, 3A991 (revision of existing note), 3D002, 3D991, 3E001, 3E002, 3E991, 5A002, 5A992, 5D002, 5D992, 5E002 and 5E992.
Pay particular note to the fact that these license requirements for military end-user/end-use apply to microprocessors meeting the speed requirements above classified under any ECCN in Category 5—Part 2 (including Mass Market items), even if NLR or License Exception ENC would otherwise be available.
Source: 79 FR 75044