Automated Export System (AES) Connectivity

What it is

: We have enhanced the functionality of the AES Declarations module by surfacing a specific error message directly within the

AES Replies

tab. Now, when a transmission from an unauthorized filer is attempted, the message "FILER/TRANSMITTER NOT AUTHORIZED TO SEND" will be prominently displayed. This update ensures clarity on the status of AES Declarations for our users.

Benefit to you

: This improvement ensures that you are immediately aware of authorization issues, preventing any ambiguity during your filing process. By making this error message visible in the

AES Replies

tab, we help you quickly identify and rectify any issues with filer permissions, thereby streamlining your workflow and enhancing overall efficiency.

What it is

: We have updated the severity level of Response Message 15A to “Compliance Alert” from “Informational”. This change aligns with the new requirements from Federal Register Notice 85 FR 60479, which expands the Foreign Trade Zone Identifier from 7 to 9-characters. Please be aware that this severity may upgrade to "Fatal" in the future.

Benefit to you

: This update ensures that your AES Export Declaration filings remain compliant with the latest regulations. It provides a clear directive on necessary actions to address declaration rejection messages.

What it is

: We have updated the requirements for the License Type Code OPA. This change affects how shipments that are subject to PGA data requirements must submit a PGA Record set. Notably, BIS/DOS/OFAC/NRC/DOE licenses cannot be used with license type OPA. For detailed information, please refer to the License Code: OPA, described as Other Partnership Agency License. The required reporting for

Exp Lic#/ CFR Citation/AuthorizationSymbol/KCP#

should now include 'OPA'.

Benefit to you

: These updates ensure your AES Export Declaration filings remain compliant with the latest regulations. Adhering to these updated requirements will help avoid potential legal issues and streamline your export processes.

What it is

: We have updated the license code C65 in our AES application to enhance compliance with export regulations. Specifically, ECCN 3A991 has been removed, and ECCN 3B991 has been added as a valid ECCN for this license type. To support this change, validations within the AES application have been revised to only allow transmissions that comply with the new ECCN requirements.

Benefit to you

: This update ensures that your AES Export Declaration transmissions remain compliant with the latest export control regulations, reducing the risk of errors and potential legal issues. This change will streamline your export processes, making them more secure and efficient.

What it is

: We have updated the message displayed when response code 26C is received to "USPPI ADDRESS STATE CODE INCORRECT". This change is in alignment with the AESTIR requirements.

Benefit to you

: This update ensures that your AES Export Declaration filings remain in compliance with the latest regulations. It provides clear guidance on resolving declaration rejection messages, improving the efficiency of your filing process.

What it is

: An update has been made to AES to create new License Codes C71 “High Bandwidth Memory” (HBM), which authorizes certain export, reexport, and in-country transfer of items specified in ECCN 3A090.c. The full terms of License Exception HBM are described in § 740.25.

AES filers must adhere to the following new reporting when using C71 (HBM) to prevent the return of fatal errors from AES:

Report License Code: C71 Restricted Fabrication Facility (HBM)

Allowable ECCNs:
3A090.c
Allowable countries:
All Countries
Allowable Export Information Codes:
All except UG
Allowable Modes of Transportation:
All except ‘70’ (Fixed Transport)

Benefit to you

: This enhancement ensures that your AES Export Declaration filings remain compliant with the latest export regulations, simplifying legal adherence and reducing the risk of filing errors.

What it is

: An update has been made to AES to create new License Codes C72 “Restricted Fabrication Facility” (RFF), which authorizes certain export, reexport, and in-country transfer of items not specified in ECCNs 3B001, 3B002, 3B993, 3B994, 3D992, 3D993, 3D994, 3E992, 3E993, or 3E994 to specific entities on the Entity list. License Exception RFF overcomes license requirements in the license requirements column of a specific entity when § 740.26 is referenced in that Entity List entry (Supplement No. 4 to Part 744 of the Export Administrations Regulations (EAR), 15 C.F.R. parts 730 – 774). Transactions under RFF must meet all the applicable criteria identified under paragraph (a) and must comply with the restrictions set forth in paragraph (b) of this section.

The full terms of License Exception RFF are described in § 740.26.

AES filers must adhere to the following new reporting when using C72 (RFF) to prevent the return of fatal errors from AES:

Report License Code
: C72 Restricted Fabrication Facility (RFF)
Allowable ECCNs
: All except 3B001, 3B002, 3B993, 3B994, 3D992, 3D993, 3D994, 3E992, 3E993, or 3E994.
Allowable countries
: All[1]
Allowable Export Information Codes
: All except UG
Allowable Modes of Transportation
: All except ‘70’ (Fixed Transport)

Benefit to you

: This update simplifies your AES Export Declaration filings, ensuring they remain compliant with the latest regulatory requirements.

What it is

: A new license type code (C75) has been introduced, and support for this license type code has been added to the AES product. Information regarding this license type code can be found below:

An update has been made to AES to support the new License Code C75 – “Low Processing Performance” (LPP). This license exception authorizes certain exports and reexports (but not in-country transfers) of specified items listed in § 740.29(b) of the EAR. It allows limited quantities of advanced ICs (i.e., quantities well below those necessary to train the most advanced AI models) to be shipped globally to ultimate consignees in destinations other than Macau or those listed in Country Group D:5.

The threshold for the LPP exception is set at 26,900,000 Total Processing Performance (TPPs) of ECCN 3A090.a, 4A090.a, and corresponding .z items per end user, per calendar year. This license exception is not available for exports or reexports made through distributors, nor for in-country transfers. Ultimate consignees must notify BIS when they reach the annual TPP allocation limit.

The full terms of License Exception LPP are described in § 740.29.

AES filers must adhere to the following new reporting requirements when using C75 (LPP) to avoid fatal errors:

Report License Code:
C75 Low Processing Performance (LPP)
Allowable ECCNs:
3A001.z.1.a, z.2.a, z.3.a, z.4.a; 3A090.a; 4A003.z.1.a, z.2.a; 4A004.z.1; 4A005.z.1; 4A090.a; 5A002.z; 5A004.z.1.a, z.2.a; 5A992.z.1
Allowable countries:
All countries except Macau and those listed in Country Group D:5
Allowable Export Information Codes:
All except UG
Allowable Modes of Transportation:
All except ‘70’ (Fixed Transport)

Benefit to you

: These updates keep your AES Export Declaration filings in compliance with the latest regulations.

What it is

: Two new license type codes (C76 and C77) have been introduced, and support for these license type codes has been added to the AES product. Information regarding these license type codes is provided below:

Support has been added in AES for the new License Code C76 – Universal Validated End User (UVEU). This code provides data centers that own their advanced computing capacity with a single authorization, allowing a UVEU to build data centers worldwide, except in Macau or destinations specified in Country Group D:5, provided that the UVEU maintains its status by following the guidelines in Supplement No. 10 to Part 748. The UVEU is responsible for ensuring compliance with applicable AI TPP geographic allocations.

To receive UVEU status, a data center that owns its advanced computing capacity must certify that it will follow the guidelines outlined in Supplement No. 10 to Part 748 and complete an intensive application process. If the owner of the advanced computing capacity cannot directly certify all application information requested in § 748.15, it must include in its VEU application to BIS the identities of other entities involved in the data center operations.

The full terms of License Exception UVEU are described in § 748.15.

AES filers must adhere to the following new reporting requirements when using C76 (UVEU) to avoid fatal errors:

Report License Code:
C76 Universal Validated End User (UVEU)
Allowable ECCNs:
See Supplement No. 7 to Part 748 for specific end users and ECCNs.
Allowable countries:
All countries except D:5 and Macau
Allowable Export Information Codes:
All except UG
Allowable Modes of Transportation:
All except ‘70’ (Fixed Transport)

Support has also been added in AES for the new License Code C77 – National Validated End User (NVEU). This code is available to all entities headquartered in or located in a destination in Country Groups A, B, or D:1–D:4, except Macau or destinations specified in Country Group D:5, as described in revised § 748.15(b)(2).

New paragraph (a)(2)(iii) of § 748.15 describes the requirements to obtain NVEU status. To receive NVEU Authorization, a data center operator that owns its advanced computing capacity must apply to BIS and complete an intensive application process, which will be subject to interagency review. Information required for a VEU application is described in Supplement No. 8 to Part 748 (as revised by this rule), including updated requirements in paragraph (B)(2) to provide information about business activities and corporate relationships with government or military organizations in Macau and destinations specified in Country Group D:5 (e.g., direct sales to or contracts with such entities).

Approved NVEU applicants will be listed in the EAR as NVEUs in Supplement No. 7 to Part 748. This listing notifies exporters and reexporters that the NVEU location can receive exports and reexports under this authorization. The NVEU may choose to list either a corporate address or a physical address for the new data center location. NVEUs will be subject to the cumulative TPP allocations identified above.

The full terms of License Exception NVEU are described in § 748.15.

AES filers must adhere to the following new reporting requirements when using C77 (NVEU) to avoid fatal errors:

Report License Code:
C77 National Validated End User (NVEU)
Allowable ECCNs:
All except 600 series and ECCNs with a reason for control: Missile Technology and/or Crime Control
Allowable countries:
All countries except D:5 and Macau
Allowable Export Information Codes:
All except UG
Allowable Modes of Transportation:
All except ‘70’ (Fixed Transport)

Benefit to you

: These enhancements ensure that your AES Export Declaration filings remain compliant with the latest international trade regulations. By facilitating new reporting codes, we help you avoid errors and streamline your export processes, ensuring efficient a and compliant trade operations.