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Advisory Opinions

BIS has selected certain advisory opinions that may be of general interest to the public. BIS will add future advisory opinions to this list as appropriate. Some of these advisory opinions have been redacted to avoid releasing identifying information that is protected under the provisions of Section 1761(h) of the Export Control Reform Act of 2018.

Section 748.3 provides instructions to submit an advisory opinion to BIS. If submitting by email, submit to [email protected] with the subject title “Advisory Opinion."

DateIssue Examined
09/25/23Export guidance and BIS interpretation of “gene” related to ECCN 1C353
06/09/23Additional deemed export authorization not required for release of licensed technology and software to permanent and regular employees (as defined in 734.20(d)(2)) in the United States.
05/03/23Non-proprietary system description shared in standards development
08/19/19General Advisory Opinion Concerning Prohibited Activities in the Standards Setting or Development Context When a Listed Entity Is Involved
11/24/14Cloud-based Storefronts
03/25/14Scope of the General Technology Note
12/13/13Application of “specially designed” to multipurpose die, standard packages, and integrated circuits comprised thereof
10/31/13Deemed Reexport Guidance
08/05/13Artwork to Cuba
02/21/13Application of ECCNs 9A00l .a and 9A003.a to Aero Auxiliary Power Units (APUs)
02/23/13EAR licensing requirements for deemed reexports to third-country national and certain dual nation
01/18/13Interpretation of the Note to ECCN 9A001.a
10/25/11Guidance for Preparing Commodity Classification (“CCATS”) Requests for Information Pertaining to the Development or Production of Carbon Fiber Organic Matrix Composite Items
01/11/11Cloud Computing and Deemed Exports
12/27/10Advisory Opinion Regarding Technology for the Development or Production of Carbon Fiber/Organic Resin Items
09/14/09Second Incorporation Rule
09/11/09Downloads of encrypted software reviewed and classified as "-mass market-"
07/01/09Interpretation of ECCN 1A007: This interpretation has been superseded by the December 11, 2009 publication of a rule that removed the license requirement note in 1A007
02/10/09Transfers of Licenses
01/13/09Application of EAR to Grid and Cloud Computing Services
01/12/09Software or technology related to Avionics Displays that employ techniques used to make two dimensional (2D) image appear as a three dimensional (3D)
11/10/08Licensing Requirement Note to ECCN 2B350
10/14/08Classification of computer preloaded with TSU-eligible encryption software
03/21/08Clarifications on current technical parameters under ECCN 1C210:
ECCN 1C210 Content
Thermoset Resin
03/21/08Clarification on current technical parameter under ECCN 3A233
11/19/07Condition on permanent employees access to controlled technology/technical data
(Note: this guidance supersedes that provided by BIS in agency interpretation dated 2/24/06)
09/13/07Reminder of Wassenaar Arrangement's Munitions List Controls
08/02/07Application of the Foreign Direct Product Rule to Exports of Encryption Technology
06/05/06Exports and Reexports to Non-U.S. Embassies Located in Third Countries
07/19/06License Exception Contradictions
05/04/06Bullet-proof windshield glass
01/11/06Nexus between export and deemed export requirements under the EAR and the foreign filing requirements under the USPTO regulations.
12/06/04Public sale of US equipment to a foreign national and the "deemed export" rule
08/26/04Involvement of a US-person in a foreign company
05/27/04Availability of License Exception RPL
05/24/04Classification of an item incorporated into a larger system
12/01/03Foreign distributor as a "-sales representative-" under License Exception TMP
10/03/03Availability of License Exceptions APR and RPL for foreign made products
07/14/03Reexports to Iran
05/15/03Clarification of ECCN 5E001.b.3
05/06/03Remotely sensed imagery