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Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Rules and Regulations TSR set forth in part 740 License Exceptions to state that they are not available for Sudan. Additionally, it amends part 740 to remove references to Sudan from three license exceptions. As detailed below, these license exceptions had authorized exports and reexports of certain CCL items to Sudan notwithstanding the imposition of AT
controls and the countrys related placement in Country Group E:1.
B. Highlights of Key Changes
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1. Changes to the Applicable De Minimis Level for Controlled U.S.Origin Content The EAR apply to foreign-made items located outside the United States that contain more than a de minimis amount of controlled U.S.-origin content by value. For most items, the de minimis level is 10 percent if the destination of the foreign-made item is in Country Group E:1 and 25 percent if the destination is in any other Country Group. The removal of Sudan from Country Group E:1 raises the de minimis level to 25 percent for most items destined for Sudan. Additionally, this 25 percent de minimis level will apply to certain foreign-made encryption items destined for Sudan that meet the criteria specified in 734.4b1 of the EAR. Foreign-made items destined for Sudan that incorporate U.S.-origin 9x515 or 600 series paragraphs a.
through .x content will continue to be subject to the EAR regardless of the level of U.S.-origin content, i.e., there is no de minimis level for such items when they are destined for Sudan.
2. Applicable Controls and Related Licensing Policies Sudan will be subject to licensing requirements that apply to the export and reexport of items on the multilateral export control regime lists the Wassenaar Arrangement, the Nuclear Suppliers Group, the Australia Group and the Missile Technology Control Regime and sensitive items controlled unilaterally for Crime Control CC or Regional Stability RS reasons. These license requirements are set forth in part 742 of the EAR and are reflected in the relevant columns of the Country Chart in Supplement No. 1 to part 738 of the EAR. See Xs reflecting the applicability of various multilateral and unilateral controls on Sudan. Other categories of items that are controlled for reasons not included on the Country Chart e.g., encryption EI and Chemical Weapons CW will also require a license for export or reexport to Sudan. End User and End-Use-based controls set forth in part 744 of the EAR

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will also continue to apply. BIS will review license applications for exports or reexports to Sudan on a case-by-case basis pursuant to applicable licensing policies set forth in parts 742 and 744, or elsewhere in the EAR. Exporters should also be aware that the United States continues to maintain an arms embargo on Sudan, as implemented in Country Group D:5, which also implements the United Nations arms embargo, imposed in 2004, that applies to certain items controlled for United Nations UN reasons that are destined for the Darfur region in Sudan, as implemented in 746.1 of the EAR.
3. Changes to License Exceptions Consistent with the removal of AT
controls on Sudan and the related removal of the country from Country Group E:1, BIS is amending four license exceptions that make specific reference to Sudan or to Sudanese nationals.
Through revising three of these license exceptions to reflect policy changes that occurred following Sudans designation as a SSOT, BIS had authorized certain categories of transactions that were destined for Sudan notwithstanding the imposition of AT controls and the countrys related placement in Country Group E:1. BIS also removes restrictions on releases to Sudanese nationals of technology and source code pertaining to computers from a fourth license exception.
License Exception Computers APP
Sudan is removed from 740.7, paragraph b2ii, which restricts technology and source code from release to nationals of Country Groups E:1 and E:2. The country is added to paragraph d1 Computer Tier 3 destinations, which will permit the release of technology and source code to Sudanese nationals up to the prescribed limit.
License Exception Temporary Imports, Exports, Reexports, and Transfers InCountry TMP
Paragraph a2 of 740.9, which referred to tools of the trade as identified in 740.19b as exempted from paragraph a1 restrictions on Country Group E:1 when destined for Sudan, is no longer applicable and is deleted.
License Exception Additional Permissive Reexports APR
Paragraph i of 740.16, which authorized certain exports and reexports of Anti-Terrorism controlled items to Sudan, is no longer applicable and is deleted.

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License Exception Consumer Communications Devices CCD
Section 740.19 Consumer Communications Devices no longer requires any reference to Sudan, as the eligible commodities and software specified therein may now be exported and reexported barring end-use or enduser restrictions to Sudan, including to the Sudanese Government. In light of the U.S. Governments unblocking of the Government of Sudan effective October 2017, the license exceptions reference to restrictions on the Government of Sudan is inapplicable.
This rule consequently removes the reference to Sudan in paragraph a, and in the introductory text to paragraph b, which identified Sudan as an eligible destination for this license exception. It also removes paragraph ciii, which identified the Government of Sudan as an ineligible end-user for the license exception. Additionally, this rule removes altogether paragraph b18, which permitted the export and reexport of items controlled under Export Control Classification Number 7A994 to Sudan only.
4. Availability of Other License Exceptions As an E:1 country, Sudan was eligible for only a limited number of license exceptions. Many license exceptions contain restrictions that apply to countries in Country Group E:1 or to nationals of such countries. As a consequence of Sudans removal from Country Group E:1, Sudan and/or Sudanese nationals are newly eligible for several license exceptions. No changes are required to the text of these license exceptions, as they do not refer specifically to Sudan or to Sudanese nationals. Additionally, as noted above, Sudans addition to Country Group B by this rule makes the country potentially available for a broader range of license exceptions. However, BIS has determined that exports and reexports to Sudan are not eligible for License Exceptions GBS and TSR. This rule makes conforming changes in part 740
consistent with that policy. Specifically, amendments in 740.4 and 740.6
clearly set forth that License Exceptions GBS and TSR, respectively, are unavailable for Sudan. As with all license exceptions, a specific transaction must meet all enumerated criteria, and persons should ensure that the restrictions set forth in 740.2
Restrictions on all license exceptions do not apply. In particular, persons should be aware of limitations on the availability of license exceptions for exports and reexports to Sudan of items
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