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Federal Register / Vol. 86, No. 190 / Tuesday, October 5, 2021 / Rules and Regulations

748.3 Classification requests and advisory opinions.

PART 744AMENDED

11. The authority citation for 15 CFR
part 744 continues to read as follows:

Authority: 50 U.S.C. 48014852; 50 U.S.C.
4601 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C.
3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201
et seq.; 22 U.S.C. 7210; E.O. 12058, 43 FR
20947, 3 CFR, 1978 Comp., p. 179; E.O.
12851, 58 FR 33181, 3 CFR, 1993 Comp., p.
608; E.O. 12938, 59 FR 59099, 3 CFR, 1994
Comp., p. 950; E.O. 13026, 61 FR 58767, 3
CFR, 1996 Comp., p. 228; E.O. 13099, 63 FR
45167, 3 CFR, 1998 Comp., p. 208; E.O.
13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; E.O. 13224, 66 FR 49079, 3 CFR, 2001
Comp., p. 786; Notice of September 18, 2020, 85 FR 59641 September 22, 2020; Notice of November 12, 2020, 85 FR 72897 November 13, 2020.

12. Supplement no. 2 to part 744 is amended by revising paragraph 3viii to read as follows:

Supplement No. 2 to Part 744List of Items Subject to the Military End Use or End User License Requirement of 744.21

3
viii 3E991 Limited to technology according to the General Technology Note for the development, production, or use of digital oscilloscopes and transient recorders using analog-to-digital conversion techniques, capable of storing transients by sequentially sampling single-shot inputs at successive intervals of less than 1 ns greater than 1 giga-sample per second, digitizing to 8 bits or greater resolution and storing 256 or more samples.

Supplement 4 to Part 744 Amended 13. Supplement no. 4 to part 744 is amended in footnote 1 by adding double quotation marks around the terms direct product and Direct product wherever they appear.

PART 748AMENDED

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14. The authority citation for part 748
is revised to read as follows:

c Advisory Opinions. Advisory opinion requests must be made in writing, and may be delivered to BIS by mail, by email, or through the BIS
website. If delivering a request by mail, submit to the address listed in 748.1d2. Both your letter and envelope must be marked Advisory Opinion. If submitting by email, submit to RPD2@bis.doc.gov with the subject title Advisory Opinion. If submitting through the BIS website, see http www.bis.doc.gov.
1 Your submission must contain the following information if you are requesting guidance regarding interpretations of the EAR:

16. Supplement no. 2 to part 748 is amended by revising paragraph o3i to read as follows:

Supplement No. 2 to Part 748Unique Application and Submission Requirements

o
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i Technology controlled for national security reasons. If you are submitting a license application to export, reexport, and transfer in-country technology controlled for national security reasons to a country not listed in Country Group D:1, E:1, or E:2 see Supplement No. 1
to part 740 of the EAR, you must obtain the letter from the ultimate consignee verifying that, unless prior authorization is obtained from BIS, the consignee will not knowingly reexport the technology to any destination, or export the direct product of the technology, directly or indirectly, to a country listed in Country Group D:1, E:1, or E:2 see Supplement No. 2 to part 740 of the EAR. If you are unable to obtain this letter of assurance from your consignee, you must state in your license application why the assurances could not be obtained. BIS
may request a copy of this letter.

Authority: 50 U.S.C. 48014852; 50 U.S.C.
4601 et seq.; 50 U.S.C. 1701 et seq.; E.O.
13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001
Comp., p. 783; Notice of August 6, 2021, 86
FR 43901 August 10, 2021.

Supplement No. 3 to Part 748
Statement by Ultimate Consignee and Purchaser Content Requirements
15. Section 748.3 is amended by revising the introductory text of paragraph c and the introductory text of paragraph c1 to read as follows:

VerDate Sep<11>2014

17:01 Oct 04, 2021

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17. Supplement no. 3 to part 748 is amended by revising paragraph b6 to read as follows:

b
6 Block 6: Ultimate Consignee. Enter the requested information and sign the statement digitally or in ink. For a
PO 00000

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Fmt 4700

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definition of ultimate consignee, see 748.5e of this part.

PART 750AMENDED
18. The authority citation for part 750
is revised to read as follows:

Authority: 50 U.S.C. 48014852; 50 U.S.C.
4601 et seq.; 50 U.S.C. 1701 et seq.; Sec.
1503, Pub. L. 10811, 117 Stat. 559; E.O.
13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001
Comp., p. 783; E.O. 13637, 78 FR 16129, 3
CFR, 2013 Comp., p. 223; Presidential Determination 200323, 68 FR 26459, 3 CFR, 2004 Comp., p. 320.

19. Section 750.1 is revised to read as follows:

750.1

Scope.

In this part, references to the EAR are references to 15 CFR chapter VII, subchapter C. This part describes the Bureau of Industry and Securitys BIS
process for reviewing your application for a license and the applicable processing times for various types of applications. Information related to the issuance, revocation, or suspension of a license and the denial of a license application is provided along with the procedures on obtaining a duplicate or replacement license limited to those which BIS has validated and issued in hardcopy, the transfer of a license, and the shipping tolerances available on licenses. This part also contains instructions on obtaining the status of a pending application.
20. Section 750.7 is amended by revising paragraph a to read as follows:
750.7

Issuance of licenses.

a Scope. 1 Unless limited by a condition set out in a license, the export, reexport, or transfer in-country authorized by a license is for the items, end-uses, and parties described in the license application and any letters of explanation. The applicant must inform the other parties identified on the license, such as the ultimate consignees and end users, of the licenses scope and of the specific conditions applicable to them.
2 BIS grants licenses in reliance on representations the applicant made or submitted in connection with the license application, letters of explanation, and other documents submitted. Any license obtained in which a false or misleading representation was made, or a material fact was falsified or concealed on the license application, letters of explanation, or any document submitted in connection with the license application, shall be deemed void as of
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