General Prohibition No. 3: Direct Product Rule
§ 736.2(b)(3) of the EAR (as modified on 10/30/15)

 

(A) Non-U.S.-made items produced from U.S. non-“600 series” and non-9x515 technology or software, OR from a non-U.S.-made manufacturing plant or major plant component (made from U.S. non-“600 series” and non-9x515 technology or software) are subject to the EAR and may require a license or license exception for export from abroad if all of the following apply:

(1) The U.S. technology or software requires a written assurance as a supporting document for a license as defined in paragraph (o)(3)(i) of Supplement No. 2 to part 748, or as a precondition for use of License Exception TSR in § 740.6 or the EAR (Generally, this means the US technology/software is controlled for NS reasons);

(2) The non-U.S.-made item is subject to national security (NS) controls as designated in the ECCN on the CCL (Supp. No. 1 to part 774 of the EAR); and

(3) The non-U.S.-made item is destined to a destination listed in Country Group D:1, E:1 or E:2 (Supp. No. 1 to part 740 of the EAR).

 

(B) Non-U.S.-made items produced from U.S. “600 series” or 9x515 technology or software, OR from a non-U.S.-made manufacturing plant or major plant component (made from U.S. “600 series” or 9x515 technology) are subject to the EAR and may require a license or license exception to export from abroad if all of the following apply:

(1) The non-U.S.-made item is produced from “600 series” or 9x515 U.S. technology or software;

(2) The non-U.S.-made item is specified under a “600 series” ECCN or 9x515 of the CCL (Supp. No. 1 to part 774 of the EAR); and

(3) Either or both of the following are true:

(a) For “600 series” non-U.S.-made items, the destination is listed in Country Group D:1, D:3, D:4, D:5, E:1 or E:2 (Supp. No. 1 to part 740 of the EAR); or

(b) For 9x515 non-U.S.-made items, the destination is listed in Country Group D:5, E:1 or E:2 (Supp. No. 1 to part 740 of the EAR).

NOTE: “600 series” or 9x515 non-U.S.-made direct products of U.S technology or software subject to GP3 do not require a license for export from abroad to the new destination unless the new destination would have been prohibited or made subject to a license requirement by part 742, 744, 746, or 764 of the EAR.

NOTE: This guidance does not address items classified as ECCN 0A919. Please see that ECCN entry in the Commerce Control List for guidance.

 

 

 

 

 

   
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