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Federal Register / Vol. 86, No. 190 / Tuesday, October 5, 2021 / Rules and Regulations the date of issuance. See 750.8a of the EAR, which provides that all licenses are subject to revocation, in whole or in part, without notice. See part 764 of the EAR for other sanctions that may result in the event a violation occurs.
3 A BIS license authorizing the release of technology to an entity also authorizes the release of the same technology to the entitys foreign persons who are permanent and regular employees and who are not proscribed persons of the entitys facility or facilities authorized on the license, except to the extent a license condition limits or prohibits the release of the technology to foreign persons of specific countries or country groups.
See 734.20 of the EAR for additional information regarding the release of technology authorized by a BIS
license.

21. Section 750.8 is amended by revising paragraph b to read as follows:

750. 8 Revocation or suspension of licenses.

b Revoked or suspended licenses. If BIS revokes or suspends a license, the licensee must retain all applicable supporting documents and records of shipments in accordance with the recordkeeping provisions of part 762 of the EAR.

22. Section 750.9 is amended by revising paragraph a to read as follows:

750.9

Duplicate licenses.

a Lost, stolen or destroyed. For licensees whom BIS authorized the submission of paper applications, if a license is lost, stolen or destroyed, you, as the licensee, may obtain a duplicate of the license by submitting a letter to the BIS at the address listed in 748.1d2 of the EAR, Attention:
Duplicate License Request. You must certify in your letter:
1 That the original license number issued to name and address of licensee has been lost, stolen or destroyed; and 2 The circumstances under which it was lost, stolen or destroyed.

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PART 770AMENDED
23. The authority citation for 15 CFR
part 770 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.; E.O.
13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783.

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24. Section 770.3 is amended by revising paragraph d1ii to read as follows:

Supplement No. 1 to Part 774The Commerce Control List
770.3 Interpretations related to exports of technology and software to destinations in Country Group D:1.

0D617 Software specially designed for the development, production, operation, or maintenance of commodities controlled by 0A617, equipment controlled by 0B617, or materials controlled by 0C617 see List of Items Controlled.

d
1
ii Answer 1. Export of technology includes release of U.S.-origin data in a foreign country as defined in 734.15 of the EAR. So long as the circumstances described here would not exceed that permitted under the License Exception TSU for operation technology and software, as described in 740.13a of the EAR, this is not a release of technology and a license would not be required.

License Requirements Reason for Control: NS, RS, AT, UN
Country chart see Supp. No. 1 to part 738

Controls

NS applies to entire entry, except 0D617.y.
RS applies to entire entry, except 0D617.y.
RS applies to 0D617.y.

Authority: 50 U.S.C. 48014852; 50 U.S.C.
4601 et seq.; 50 U.S.C. 1701 et seq.; E.O.
13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783.

AT applies to entire entry.
UN applies to entire entry, except 0D617.y.

PART 772AMENDED
25. The authority citation for part 772
continues to read as follows:

26. Section 772.1 is amended by:
a. Adding a definition for direct product in alphabetical order; and b. Revising paragraph a introductory text of the definition of U.S. person.
The addition and revision read as follows:

772.1 Definitions of terms as used in the Export Administration Regulations EAR.

Direct product. The immediate product including processes and services produced directly by the use of technology or software.

U.S. Person. a For purposes of 732.3j, 736.2b7, 740.21e1, 744.6, 744.10, 744.11, 744.12, 744.13, 744.14, and 745.2a1 of the EAR, the term U.S. person includes:

PART 774AMENDED
27. The authority citation for 15 CFR
part 774 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.; 10 U.S.C.
8720; 10 U.S.C. 8730e; 22 U.S.C. 287c, 22
U.S.C. 3201 et seq.; 22 U.S.C. 6004; 42 U.S.C.
2139a; 15 U.S.C. 1824; 50 U.S.C. 4305; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O.
13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001
Comp., p. 783.

28. Supplement No. 1 to Part 774 is amended by revising ECCN 0D617 and ECCN 7A611 to read as follows:

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Fmt 4700

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NS Column 1.

RS Column 1.

China, Russia, or Venezuela see 742.6a7.
AT Column 1.
See 746.1b for UN
controls.

List Based License Exceptions See Part 740
for a description of all license exceptions TSR: N/A
Special Conditions for STA
STA: Paragraph c2 of License Exception STA 740.20c2 of the EAR may not be used for any software in 0D617.
List of Items Controlled Related Controls: 1 Software directly related to articles controlled by USML
Category XIII is subject to the control of USML paragraph XIIIl. 2 See ECCN
0A919 for foreign-made military commodities that incorporate more than a de minimis amount of U.S.-origin 600
series controlled content.
Related Definitions: N/A
Items:
a. Software other than software controlled in paragraph .y of this entry specially designed for the development, production, operation or maintenance of commodities controlled by ECCNs 0A617
except 0A617.y, 0B617, or 0C617.
b. to x. Reserved.
y. Specific software specially designed for the production, development, operation or maintenance of commodities controlled by ECCN 0A617.y.

7A611 Military fire control, laser, imaging, and guidance equipment, as follows see List of Items Controlled.
License Requirements Reason for Control: NS, MT, RS, AT, UN

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