Classify Footnote License For Free

Generally, all items of U.S origin or physically located in the United States, are subject to classification under the EAR. Foreign manufactured goods are exempt from the EAR re-export requirements if they contain less than a "de minimis" level of U.S. content by value.

(ii) a footnote 1 designated entity is a party to any transaction involving the foreign- produced item, e.g., as a ?purchaser,? ?intermediate consignee,? ?ultimate consignee,? or ?end-user.?

(2) Entity List FDP rule: Footnote 4. A foreign-produced item is subject to the EAR if it meets both the product scope in paragraph (e)(2)(i) of this section and the end-user scope in paragraph (e)(2)(ii) of this section.

It includes the names of foreign persons, government organizations, and companies that are subject to specific license requirements for the export of certain items. These specific license requirements are in addition to those requirements outlined within the Export Administration Regulations.

§ 734.15 Release. (b) Any act causing the ?release? of ?technology? or ?software,? through use of ?access information? or otherwise, to yourself or another person requires an authorization to the same extent an authorization would be required to export or reexport such ?technology? or ?software? to that person.

Generally, technologies subject to the Export Administration Regulations (EAR) are those which are in the United States or of U.S. origin, in whole or in part. Most are proprietary.

The Entity List includes restrictions on exports, reexports, or transfers (in-country) to certain persons by reference, meaning that the EAR defines the licensing policy and requirements specific to such persons but does not necessarily include them as individual entries on the Entity List.

2 to Part 734?Guidelines for De Minimis Rules. (a) Calculation of the value of controlled U.S.-origin content in foreign-made items is to be performed for the purposes of § 734.4 of this part, to determine whether the percentage of U.S.-origin content is de minimis.

(1) ?Subject to the EAR? is a term used in the EAR to describe those items and activities over which BIS exercises regulatory jurisdiction under the EAR. Conversely, items and activities that are not subject to the EAR are outside the regulatory jurisdiction of the EAR and are not affected by these regulations.

A footnote 3 designation subjects these entities to the Russia/Belarus-Military End User Foreign Direct Product (FDP) rule, detailed under § 734.9(g). These entities are added with a license requirement for all items subject to the EAR.