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Export Controls Added for Specified Software

The U.S. Bureau of Industry and Security has issued an interim final rule making certain items subject to the Export Administration Regulations and imposing a licence requirement for the export and re-export of those items to all destinations except Canada. This rule is effective as of 6 January and comments on it are due by 6 March.

This rule classifies software specially designed for training a deep convolutional neural network to automate the analysis of geospatial imagery and point clouds under ECCN 0D521 following a determination that such software may provide a significant military or intelligence advantage to the United States or because foreign policy reasons justify export control. As a result, this item is controlled for regional stability Column 1 reasons with a case-by-case licence application review policy. The only licence exception available for this item at this time is for exports, re-exports and transfers (in-country) made by or consigned to a department or agency of the U.S. government (licence exception GOV).

BIS notes that the 0Y521 series of ECCNs is a temporary holding classification that only lasts for one year unless it is extended and the U.S. government submits a proposal for export control to the relevant multi-lateral regime(s). Before this classification expires an 0Y521 item may be reclassified and moved to a different ECCN if appropriate. If the item has not been moved to a more permanent ECCN and the 0Y521 classification expires, the item is designated EAR99, meaning it is subject to the EAR but not specified on the Commerce Control List.

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