AES Broadcast  06/30/2009          Broadcast  #  2009024

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BIS to Add New Edits on ECCNs, Special Comprehensive Licenses, and 
         Certain License Exceptions

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 United States Principal Parties in Interest (USPPIs) and their authorized 
         filing agents (AES filers) are reminded that the AES record containing 
         the Electronic Export Information (EEI) is an export control record 
         under § 758.1(f) of the Export Administration Regulations (EAR). 
         Furthermore, the AES record represents whether the export authorized 
         under the terms and conditions of a license, license exception or no 
         license required is true, accurate and complete.

 Effective October 1, 2009, BIS is tightening up the edits on the EEI 
         to improve statistics and to ensure that AES filers are correctly 
         certifying the use of a license or license exception authorization or no 
         license required designation. AES filers must prepare for these edits, 
         as described below to prevent the return of fatal errors from AES.

 - The export Control Classification Number (ECCN), when reported in AES 
         must be valid 5 - position ECCN as listed on the Commerce Control List. 
         See Supplement 1 to § 774 of the EAR for a complete list of valid ECCNs 
         and their descriptions. www.access.gpo.gov/bis/ear/ear_data.html 

 - The Special Comprehensive License (SCL) number reported in AES under 
         license type C31 must be a BIS approved SCL.

 - License exceptions LVS(C35), GBS(C36), CIV(C37), and TSR(C38) must 
         designate an eligible ECCN and country. See Part 740 (License Exceptions) 
         and Supplement 1 to § 774 (Commerce Control List) 
         www.access.gpo.gov/bis/ear/pdf/740spir.pdf and 
         www.access.gpo.gov/bis/ear/ear_data.html

 - In accordance with the EAR § 740.17, license exception ENC(C50) must 
         only be used with ECCNs 5A002, 5B002, 5D002 and 5E002. 
         www.access.gpo.gov/bis/ear/pdf/740.pdf

 Please note that by using a License Exception, you are certifying that 
         the terms, provisions and conditions for the use of the License Exception 
         described in the EAR have been met. See Part 740 of the EAR.

 If you are unable to resolve fatal errors related to the above and require 
         regulatory guidance from BIS, please contact its Office of Exporter Services 
         at one of the following locations.

 Western Regional Office (949)660-0144
         San Jose, CA Branch (408)291-4212
         Headquarters, Washington, DC (202)482-4811