BIS Modifies & Adds Eligible Destinations for 3 China VEUs
The Bureau of Industry and Security issued a final rule, effective Jan. 16, amending the list of eligible destinations for three Authorization Validated End-User listings at Supplement No. 7 to Part 748 of the Export Administration Regulations, and removing an eligible ECCN for one of the VEUs. The final rule also adds a statement clarifying that language in the VEU supplement doesn’t supersede other EAR requirements. These changes are not because of activities of concern, but instead arise from the companies’ normal course of business or company requests, BIS said.
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Lists of Eligible Destinations Modified for Three VEUs
The rule amends Supplement No. 7 to correct addresses in the list of eligible destinations for the following three VEUs:
- Advanced Micro Devices China, Inc.
- Lam Research Corporation
- SK hynix Semiconductor (China) Ltd. / SK hynix Semiconductor (Wuxi) Ltd.
BIS is also reorganizing Lam’s listing of eligible destinations into two groups to clarify that a different set of eligible ECCNs apply to each group of eligible destinations. In addition, BIS is adding a new eligible destination to the listing for AMD China, as follows:
- AMD Products (China), Co. Ltd.
Eligible ECCN Removed for SK hynix
BIS is also removing an ECCN from the list of eligible items for SK hynix Semiconductor (China) / SK hynix Semiconductor (Wuxi) to conform with changes to the Commerce Control List implemented in July 2012, pursuant to revisions to the Wassenaar List. The removed ECCN is 3B001.d.
New Language Clarifies MT & CC Items Not Eligible for VEU
Finally, BIS is adding language to Supplement No. 7 to Part 748 of the EAR to clarify that the language in the supplement doesn’t supersede requirements elsewhere in the EAR. The new language is as follows: “Nothing in this Supplement shall be deemed to contradict other provisions in the EAR, including but not limited to Section 748.15(c).” BIS said it is adding the provision to remind exporters that items controlled for missile technology and/or crime control reasons are not eligible for export, reexport, or in-country transfer under Authorization VEU.