{"database": "openregs", "table": "cfr_sections", "is_view": false, "human_description_en": "where part_number = 772 sorted by section_id", "rows": [["15:15:3.1.1.1.16.0.1.1", 15, "Commerce and Foreign Trade", "VII", "C", "772", "PART 772\u2014DEFINITIONS OF TERMS", "", "", "", "\u00a7 772.1 Definitions of terms as used in the Export Administration Regulations (EAR).", "BIS", "", "", "[61 FR 12925, Mar. 25, 1996]", "The following are definitions of terms as used in the Export Administration Regulations (EAR). In this part, references to the EAR are references to 15 CFR chapter VII, subchapter C. Those terms in quotation marks refer to terms used on the Commerce Control List (CCL) (supplement no. 1 to part 774 of the EAR). Parenthetical references following the terms in quotation marks (i.e., (Cat 5)) refer to the CCL category in which that term is found. If a term is used in only one Export Control Classification Number (ECCN) on the CCL, then that term will  not  appear in this part, but will be defined in the Related Definitions paragraph in the List of Items Controlled Section of that ECCN.\n\n16/14 nanometer node (16/14 nm node)  is indicated in the Logic Industry \u201cNode Range\u201d figure described in the International Roadmap for Devices and Systems, 2016 edition (\u201cMore Moore\u201d White Paper), available at:  https://irds.ieee.org/images/files/pdf/2016_MM.pdf ).\n\n600 series.  ECCNs in the \u201cxY6zz\u201d format on the Commerce Control List (CCL) that control items on the CCL that were previously controlled on the U.S. Munitions List or that are covered by the Wassenaar Arrangement Munitions List (WAML). The \u201c6\u201d indicates the entry is a munitions entry on the CCL. The \u201cx\u201d represents the CCL category and \u201cY\u201d the CCL product group. The \u201c600 series\u201d constitutes the munitions ECCNs within the larger CCL.\n\n600 Series Major Defense Equipment  or  MDE.  Any item listed in ECCN 9A610.a, 9A619.a, 9A619.b or 9A619.c, having a nonrecurring research and development cost of more than $50,000,000 or a total production cost of more than $200,000,000.\n\nFor the most current list of MDE, see Appendix 1, (Nonrecurring Cost Recoupment Charges for Major Defense Equipment) to DoD 5105.38-M, \u201cSecurity Assistance Management Manual (SAMM),\u201d dated 04/30/2012, available online at  http://www.dsca.osd.mil/samm/ESAMM/Appendix01.htm.\n\nAccess information.  For purposes of \u00a7 734.19(a), information that allows access to encrypted technology or encrypted software in an unencrypted form. Examples include decryption keys, network access codes, and passwords.\n\nAccessories.  These are associated items for any \u201ccomponent,\u201d \u201cend item,\u201d or \u201csystem,\u201d and which are not necessary for their operation, but which enhance their usefulness or effectiveness. For example, for a riding lawnmower, \u201caccessories\u201d and \u201cattachments\u201d will include the bag to capture the cut grass, and a canopy to protect the operator from the sun and rain. For purposes of this definition, \u201caccessories\u201d and \u201cattachments\u201d are the same.\n\nAccuracy.  (Cat 2, 3, 6, 7 and 8)\u2014\u201cAccuracy\u201d is usually measured in terms of inaccuracy. It is defined as the maximum deviation, positive or negative, of an indicated value from an accepted standard or true value.\n\nActive flight control systems.  (Cat 7)\u2014Function to prevent undesirable \u201caircraft\u201d and \u201cmissile\u201d motions or structural loads by autonomously processing outputs from multiple sensors and then providing necessary preventive commands to effect automatic control.\n\nActive pixel.  (Cat 6)\u2014A minimum (single) element of the solid state array that has a photoelectric transfer function when exposed to light (electromagnetic) radiation.\n\nAdaptive control.  (Cat 2)\u2014A control system that adjusts the response from conditions detected during the operation (Ref. ISO 2806-1980).\n\nAdjusted Peak Performance (APP).  (Cat 4) An adjusted peak rate at which \u201cdigital computers\u201d perform 64-bit or larger floating point additions and multiplications. The formula to calculate APP is contained in a technical note at the end of Category 4 of the Commerce Control List.\n\nAdvanced-Node Integrated Circuits (Advanced-Node IC).  For parts 734 and 744 of the EAR, \u201cadvanced-node integrated circuits\u201d include integrated circuits that meet any of the following criteria:\n\n(1) Logic integrated circuits using a non-planar transistor architecture or with a \u201cproduction\u201d 'technology node' of 16/14 nanometers or less;\n\n(2) NOT AND (NAND) memory integrated circuits with 128 layers or more; or\n\n(3) Dynamic random-access memory (DRAM) integrated circuits having:\n\n(i) A memory cell area of less than 0.0026 \u00b5m\n 2 ;\n\n(ii) A memory density greater than 0.20 gigabits per square millimeter; or\n\n(iii) More than 3000 through-silicon vias per die.\n\nFor the purposes of paragraph (1) of this definition, the term technology node refers to the Logic Industry \u201cNode Range\u201d figure described in the International Roadmap for Devices and Systems, 2016 edition (\u201cMore Moore\u201d White Paper), available at: >https://irds.ieee.org/images/files/pdf/2016_MM.pdf.\n\nFor the purposes of paragraph (3) of this definition, the term memory density refers to the capacity of the monolithic die, package, or stack comprising the DRAM integrated circuit measured in gigabits divided by the relevant area. For a monolithic die, the relevant area is the area of the die. For package or stack, the relevant area is the footprint of the package or stack measured in square millimeters. In the case where a stack is contained in a package, use the area of the package. Cell area is defined as Wordline*Bitline (which takes into consideration both transistor and capacitor dimensions).\n\nAdvisory Committee on Export Policy (ACEP).  The ACEP voting members include the Assistant Secretary of Commerce for Export Administration, and Assistant Secretary-level representatives from the Departments of State, Defense, Justice (for encryption exports), Energy, and the Arms Control and Disarmament Agency. The appropriate representatives of the Joint Chiefs of Staff and the Director of the Nonproliferation Center of the Central Intelligence Agency are non-voting members. The Assistant Secretary of Commerce for Export Administration is the Chair. Appropriate acting Assistant Secretary, Deputy Assistant Secretary or equivalent strength of any agency or department may serve in lieu of the Assistant Secretary of the concerned agency or department. Such representatives, regardless of rank, will speak and vote on behalf of their agencies or departments. The ACEP may invite Assistant Secretary-level representatives of other Government agencies or departments (other than those identified above) to participate in the activities of the ACEP when matters of interest to such agencies or departments are under consideration. Decisions are made by majority vote.\n\nAES.  See \u201cAutomated Export System.\u201d\n\nAggregated approximated transistor count  means the sum of the 'approximated transistor counts,' as defined in Note 1 to 3A090.a, of each \u201capplicable advanced logic integrated circuit\u201d die within the final package fabricated using a \u201c16/14 nanometer node\u201d or below, or using a non-planar transistor architecture.\n\nAgricultural commodities.  Agricultural commodities include food (including processed food); feed; fish; shellfish and fish products; beer, wine and spirits; livestock; fiber including cotton, wool and other fibers; tobacco and tobacco products; wood and wood products; seeds; fertilizer and organic fertilizer; reproductive materials such as fertilized eggs, embryos and semen. For the purposes of the EAR, agricultural commodities do not include furniture made from wood; clothing manufactured from plant or animal materials; agricultural equipment (whether hand tools or motorized equipment); pesticides, insecticides, or herbicides; or cosmetics (unless derived entirely from plant materials).\n\nThis definition of agricultural commodities includes fertilizer and organic fertilizer, as listed in section 775 of the 2001 Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act (Act) (Public Law 106-387) and commodities listed in section 102 of the Agricultural Trade Act of 1978 (7 U.S.C. 5602) as incorporated in section 902 of the Act, as well as commodities determined by the Department of Agriculture to fall within the scope of section 102 of the 1978 Agricultural Trade Act.\n\nFor purposes of License Exception AGR (see \u00a7 740.18 of the EAR), agricultural commodities also include vitamins, minerals, food additives and dietary supplements, and bottled water. These items do not fall within the scope of section 102 of the 1978 Agricultural Trade Act, but are treated as agricultural commodities for the purposes of License Exception AGR.\n\nFor purposes of License Exception AGR and export license applications to Iran under the licensing procedures set forth in the appropriate regulations promulgated and administered by Treasury's Office of Foreign Assets Control, agricultural commodities only include those that are classified as EAR99.\n\nAircraft.  (Cat 1, 6, 7, and 9)\u2014A fixed wing, swivelwing, rotary wing (helicopter), tilt rotor or tilt-wing airborne vehicle. (See also \u201ccivil aircraft\u201d.)\n\nAirline.  Any person engaged primarily in the transport of persons or property by aircraft for compensation or hire, pursuant to authorization by the U.S. Government or a foreign government.\n\nAirship.  (Cat 2 and 9) A power-driven airborne vehicle that is kept buoyant by a body of gas (usually helium, formerly hydrogen) which is lighter than air.\n\nAll compensations available.  (Cat 2) means after all feasible measures available to the manufacturer to minimize all systematic positioning errors for the particular machine-tool model or measuring errors for the particular coordinate measuring machine are considered.\n\nAllocated by the ITU.  (Cat 3 and Cat 5 part 1)\u2014The allocation of frequency bands according to the current edition of the ITU Radio Regulations for primary, permitted and secondary services.\n\nAdditional and alternative allocations are not included.\n\nAngle random walk.  (Cat 7) The angular error buildup with time that is due to white noise in angular rate. (IEEE STD 528-2001)\n\nAngular position deviation.  (Cat 2)\u2014The maximum difference between angular position and the actual, very accurately measured angular position after the workpiece mount of the table has been turned out of its initial position. (Reference: VDI/VDE 2617, Draft: \u201cRotary tables on coordinate measuring machines\u201d).\n\n\u201cAPP\u201d  See \u201cAdjusted Peak Performance.\u201d This term may also appear without quotation marks.\n\nApplicable advanced logic integrated circuits  are logic integrated circuits produced using the \u201c16/14 nanometer node\u201d or below, or using a non-planar transistor architecture.\n\nApplicant.  The person who applies for an export or reexport license, and who has the authority of a principal party in interest to determine and control the export or reexport of items. See \u00a7 748.4 of the EAR and definition for \u201cexporter\u201d in this part of the EAR.\n\nAsymmetric algorithm.  (Cat 5) means a cryptographic algorithm using different, mathematically-related keys for encryption and decryption.\n\nA common use of \u201casymmetric algorithms\u201d is key management.\n\nAttachments.  These are associated items for any \u201ccomponent,\u201d \u201cend item,\u201d or \u201csystem,\u201d and which are not necessary for their operation, but which enhance their usefulness or effectiveness. For example, for a riding lawnmower, \u201caccessories\u201d and \u201cattachments\u201d will include the bag to capture the cut grass, and a canopy to protect the operator from the sun and rain. For purposes of this definition, \u201cattachments\u201d and \u201caccessories\u201d are the same.\n\nAustralia Group.  The countries participating in the Australia Group have agreed to adopt harmonized controls on certain dual-use chemicals (i.e., precursor chemicals), biological agents, related manufacturing facilities and equipment, and related technology in order to ensure that exports of these items do not contribute to the proliferation of chemical or biological weapons. Countries participating in the Australia Group as of November 1, 2013, include: Argentina, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, India, Ireland, Italy, Japan, Korea (South), Latvia, Lithuania, Luxembourg, Malta, Mexico, the Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Turkey, Ukraine, the United Kingdom, and the United States. See also \u00a7 742.2 of the EAR.\n\nAustralian airline.  Any citizen of Australia who is authorized by the Australian Government to engage in business as an airline. For purposes of this definition, an Australian citizen is:\n\n(1) A natural person who is a citizen of Australia; or\n\n(2) A partnership of which each member is such an individual; or\n\n(3) An Australian firm incorporated or otherwise organized under the laws of Australia or any Australian state or territory, having a total foreign stock interest not greater than 40 percent, and having the Chairman or Acting Chairman and at least two-thirds of the Directors thereof Australian citizens.\n\n\u201c Authentication \u201d. (Cat 5P2) Verifying the identity of a user, process or device, often as a prerequisite to allowing access to resources in an information system. This includes verifying the origin or content of a message or other information, and all aspects of access control where there is no encryption of files or text except as directly related to the protection of passwords, Personal Identification Numbers (PINs) or similar data to prevent unauthorized access.\n\nAutomated Export System (AES).  AES is a nationwide system operational at all ports and for all methods of transportation through which export shipment data required by multiple agencies is filed electronically to U.S. Customs and Border Protection, using the efficiencies of Electronic Data Interchange (EDI). AES allows the export information to be collected electronically and edited immediately. For more information about AES, visit the Bureau of Census Web site at:  http://www.census.gov/foreign-trade/aes/index.html  or see 15 CFR part 30 the Foreign Trade Regulations\n\nAverage Output Power.  (Cat 6) The average output power is the total \u201claser\u201d output energy, in joules, divided by the period over which a series of consecutive pulses is emitted, in seconds. For a series of uniformly spaced pulses it is equal to the total \u201claser\u201d output energy in a single pulse, in joules, multiplied by the pulse frequency of the \u201claser,\u201d in Hertz.\n\nBank.  Means any of the following:\n\n(a) Bank, savings association, credit union, bank holding company, bank or savings association service corporation, Edge Act corporation, Agreement corporation, or any insured depository institution, which is organized under the laws of the United States or any State and regulated or supervised by a Federal banking agency or a State bank supervisor; or\n\n(b) A company organized under the laws of a foreign country and regulated or supervised by a foreign bank regulatory or supervisory authority which engages in the business of banking, including without limitation, foreign commercial banks, foreign merchant banks and other foreign institutions that engage in banking activities usual in connection with the business of banking in the countries where such foreign institutions are organized or operating; or\n\n(c) An entity engaged in the business of providing clearing or settlement services, that is, or whose members are, regulated or supervised by a Federal banking agency, a State bank supervisor, or a foreign bank regulatory or supervisory authority; or\n\n(d) A branch or affiliate of any of the entities listed in paragraphs (a), (b), or (c) of this definition, regulated or supervised by a Federal banking agency, a State bank supervisor or a foreign bank regulatory or supervisory authority; or\n\n(e) An affiliate of any of the entities listed in paragraph (a), (b), (c), or (d) of this definition, engaged solely in the business of providing data processing services to a bank or financial institution, or a branch of such an affiliate.\n\nBasic gate propagation delay time.  (Cat 3) The propagation delay time value corresponding to the basic gate used in a \u201cmonolithic integrated circuit.\u201d For a \u2018family\u2019 of \u201cmonolithic integrated circuits\u201d, this may be specified either as the propagation delay time per typical gate within the given \u2018family\u2019 or as the typical propagation delay time per gate within the given \u2018family\u2019.\n\n1. \u201cBasic gate propagation delay time\u201d is not to be confused with the input/output delay time of a complex \u201cmonolithic integrated circuit.\u201d\n\n2. \u2018Family\u2019 consists of all integrated circuits to which all of the following are applied as their manufacturing methodology and specifications except their respective functions:\n\na. The common hardware and software architecture;\n\nb. The common design and process technology;  and\n\nc. The common basic characteristics.\n\nBasic Scientific Research.  (GTN)\u2014Experimental or theoretical work undertaken principally to acquire new knowledge of the fundamental principles of phenomena or observable facts, not primarily directed towards a specific practical aim or objective.\n\nBias.  (accelerometer) (Cat 7)\u2014The average over a specified time of accelerometer output measured at specified operating conditions, that has no correlation with input acceleration or rotation. \u201cBias\u201d is expressed in g or in meters per second \n 2  (g or m/s \n 2 ) (IEEE Std 528-2001) (Micro g equals 1\u00d710 \u22126  g).\n\n\u201cBias\u201d. (gyro) (Cat 7) The average over a specified time of gyro output measured at specified operating conditions that has no correlation with input rotation or acceleration. \u201cBias\u201d is typically expressed in degrees per hour (deg/hr). (IEEE Std 528-2001).\n\nBill of Lading.  The contract of carriage and receipt for items, issued by the carrier. It includes an air waybill, but does not include an inland bill of lading or a domestic air waybill covering movement to port only.\n\nBuild-to-Print technology.  (1) This is \u201cproduction\u201d \u201ctechnology\u201d that is sufficient for an inherently capable end user to produce or repair a commodity from engineering drawings without any of the following:\n\n(i) Revealing \u201cdevelopment\u201d \u201ctechnology,\u201d such as design methodology, engineering analysis, detailed process or manufacturing know-how;\n\n(ii) Revealing the production engineering or process improvement aspect of the \u201ctechnology;\u201d or\n\n(iii) Requiring assistance from the provider of the technology to produce or repair the commodity.\n\n(2) Acceptance, test, or inspection criteria pertaining to the commodity at issue is included within the scope of \u201cbuild-to-print technology\u201d only if it is necessary to verify that the commodity is acceptable.\n\nBusiness Unit.  As applied to encryption items, means a unit of a business which, whether or not separately incorporated, has:\n\n(a) A distinct organizational structure which does not overlap with other business units of the same business;\n\n(b) A distinct set of accounts; and\n\n(c) Separate facilities for purchase, sale, delivery, and production of goods and services.\n\nCCL.  See Commerce Control List.\n\nCCL Group.  The Commerce Control List (CCL) is divided into 10 categories. Each category is subdivided into five groups, designated by the letters A through E: (A) Equipment, assemblies and components; (B) Test, inspection and production equipment; (C) Materials; (D) Software; and (E) Technology. See \u00a7 738.2(b) of the EAR.\n\nCamming.  (axial displacement) (Cat 2)\u2014Axial displacement in one revolution of the main spindle measured in a plane perpendicular to the spindle faceplate, at a point next to the circumference of the spindle faceplate (Ref.: ISO 230 Part 1-1986, paragraph 5.63).\n\nCanadian airline.  Any citizen of Canada who is authorized by the Canadian Government to engage in business as an airline. For purposes of this definition, a Canadian citizen is:\n\n(1) A natural person who is a citizen of Canada; or\n\n(2) A partnership of which each member is such an individual; or\n\n(3) A Canadian firm incorporated or otherwise organized under the laws of Canada or any Canadian province or territory, having a total foreign stock interest not greater than 40 percent, and having the Chairman or Acting Chairman and at least two-thirds of the Directors thereof Canadian citizens.\n\nCapable of.  (MTCR context)\u2014See \u201cusable in\u201d.\n\nCategory.  The Commerce Control List (CCL) is divided into ten categories: (0) Nuclear Materials, Facilities and Equipment, and Miscellaneous; (1) Materials, Chemicals, \u201cMicroorganisms\u201d, and Toxins; (2) Materials Processing; (3) Electronics Design, Development and Production; (4) Computers; (5) Telecommunications and Information Security; (6) Sensors; (7) Navigation and Avionics; (8) Marine; (9) Propulsion Systems, Space Vehicles, and Related Equipment. See \u00a7 738.2(a) of the EAR.\n\nChemical laser.  (Cat 6)\u2014A \u201claser\u201d in which the excited species is produced by the output energy from a chemical reaction.\n\nChemical Weapons Convention (CWC).  Means \u201cThe Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction\u201d, opened for signature on January 13, 1993.\n\nCircular Error Probable.  (\u201cCEP\u201d) (Cat 7) In a circular normal distribution, the radius of the circle containing 50% of the individual measurements being made, or the radius of the circle within which there is a 50% probability of being located.\n\nCirculation-controlled, anti-torque or circulation-controlled direction control systems  (Cat 7)\u2014Control systems using air blown over aerodynamic surfaces to increase or control the forces generated by the surfaces.\n\nCivil aircraft.  (Cat 1, 3, 4, 7 and 9) Those \u201caircraft\u201d listed by designation in published airworthiness certification lists by civil aviation authorities of one or more Wassenaar Arrangement Participating States to fly commercial civil internal and external routes or for legitimate civil, private or business use. (see also \u201caircraft\u201d)\n\nCOCOM (Coordinating Committee on Multilateral Export Controls).  A multilateral organization that cooperated in restricting strategic exports to controlled countries. COCOM was officially disbanded on March 31, 1994. COCOM members included: Australia, Belgium, Canada, Denmark, France, Germany, Greece, Italy, Japan, Luxembourg, Netherlands, Norway, Portugal, Spain, Turkey, United Kingdom, and United States.\n\nCommerce Control List (CCL).  A list of items under the export control jurisdiction of the Bureau of Industry and Security, U.S. Department of Commerce. Note that certain additional items described in part 732 of the EAR are also subject to the EAR. The CCL is found in supplement no. 1 to part 774 of the EAR.\n\nCommodity.  Any article, material, or supply except technology and software.\n\nCommunications Channel Controller.  (Cat 4)\u2014The physical interface which controls the flow of synchronous or asynchronous digital information. It is an assembly that can be integrated into computer or telecommunications equipment to provide communications access.\n\nCompensation systems.  (Cat 6) Consist of the primary scalar sensor, one or more reference sensors ( e.g.,  vector \u201cmagnetometers\u201d) together with software that permit reduction of the rigid body rotation noise of the platform.\n\nComplete breech mechanisms.  The mechanism for opening and closing the breech of a breech-loading firearm, especially of a heavy-caliber weapon.\n\nComponent.  This is an item that is useful only when used in conjunction with an \u201cend item.\u201d \u201cComponents\u201d are also commonly referred to as assemblies. For purposes of this definition an assembly and a \u201ccomponent\u201d are the same. There are two types of \u201ccomponents\u201d: \u201cMajor components\u201d and \u201cminor components.\u201d A \u201cmajor component\u201d includes any assembled element which forms a portion of an \u201cend item\u201d without which the \u201cend item\u201d is inoperable. For example, for an automobile, \u201ccomponents\u201d will include the engine, transmission, and battery. If you do not have all those items, the automobile will not function, or function as effectively. A \u201cminor component\u201d includes any assembled element of a \u201cmajor component.\u201d \u201cComponents\u201d consist of \u201cparts.\u201d References in the CCL to \u201ccomponents\u201d include both \u201cmajor components\u201d and \u201cminor components.\u201d\n\nComposite.  (Cat 1, 2, 6, 8, and 9)\u2014A \u201cmatrix\u201d and an additional phase or additional phases consisting of particles, whiskers, fibers or any combination thereof, present for a specific purpose or purposes.\n\n\u201cIII/V compounds\u201d. (Cat 3 and 6) Polycrystalline or binary or complex monocrystalline products consisting of elements of groups IIIA and VA of Mendeleyev's periodic classification table (e.g., gallium arsenide, gallium-aluminum arsenide, indium phosphide).\n\nContouring control.  (Cat 2)\u2014Two or more \u201cnumerically controlled\u201d motions operating in accordance with instructions that specify the next required position and the required feed rates to that position. These feed rates are varied in relation to each other so that a desired contour is generated (Ref. ISO/DIS 2806\u20141980).\n\nControlled country.  Countries designated controlled for national security purposes under authority delegated to the Secretary of Commerce by Executive Order 12214 of May 2, 1980 pursuant to section 5(b) of the EAA. The controlled countries are: Albania, Armenia, Azerbaijan, Belarus, Cambodia, Cuba, the People's Republic of China, Georgia, Iraq, Kazakhstan, Kyrgyzstan, Laos, Macau, Moldova, Mongolia, North Korea, Russia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan, and Vietnam. All of the controlled countries except Cuba are listed in Country Group D:1 of the EAR. Cuba is listed in Country Group E:2. This definition does not apply to part 768 of the EAR (Foreign Availability), which provides a dedicated definition.\n\nCountries supporting international terrorism.  In accordance with \u00a7 6(j) of the Export Administration Act of 1979, as amended (EAA), the Secretary of State has determined that the following countries' governments have repeatedly provided support for acts of international terrorism: Iran, North Korea, and Syria.\n\nCountry Chart.  A chart, found in supplement no. 1 to part 738 of the EAR, that contains certain licensing requirements based on destination and reason for control. In combination with the CCL, the Country Chart indicates when a license is required for any item on the CCL to any country in the world under General Prohibition One (Exports and Reexports in the Form Received), General Prohibition Two (Parts and Components Reexports), and General Prohibition Three (Foreign Produced Direct Product Reexports). See part 736 of the EAR.\n\nCountry Groups.  For export control purposes, foreign countries are separated into five country groups designated by the symbols A, B, C, D, and E. (See supplement no. 1 to part 740 of the EAR for a list of countries in each Country Group.)\n\nCritical temperature.  (Cat 1, 3, 5P1, and 6)\u2014The \u201ccritical temperature\u201d (sometimes referred to as the transition temperature) of a specific \u201csuperconductive\u201d material is the temperature at which the material loses all resistance to the flow of direct electrical current.\n\nCrude oil.  A mixture of hydrocarbons that existed in liquid phase in underground reservoirs, remains liquid at atmospheric pressure (after passing through surface separating facilities), and has not been processed through a crude oil distillation tower. Crude oil includes reconstituted crude petroleum, lease condensate, and liquid hydrocarbons produced from tar sands, gilsonite, and oil shale. Drip gases are also included, but topped crude oil, residual oil, and other finished and unfinished oils are excluded.\n\nCryptanalytic items.  (Cat 5P2) Systems, equipment or components designed or modified to perform 'cryptanalytic functions', software having the characteristics of cryptanalytic hardware or performing 'cryptanalytic functions', or technology for the development, production or use of cryptanalytic commodities or software.\n\n1. 'Cryptanalytic functions' are functions designed to defeat cryptographic mechanisms in order to derive confidential variables or sensitive data, including clear text, passwords or cryptographic keys. These functions may include 'cryptanalysis,' which is the analysis of a cryptographic system or its inputs and outputs to derive confidential variables or sensitive data, including clear text. (ISO 7498-2-1988 (E), paragraph 3.3.18).\n\n2. Functions specially designed and limited to protect against malicious computer damage or unauthorized system intrusion (e.g., viruses, worms and trojan horses) are not construed to be 'cryptanalytic functions.').\n\nCryptographic activation.  (Cat 5P2) Any technique that specifically activates or enables cryptographic capability of an item, by means of a mechanism implemented by the manufacturer of the item, where this mechanism is uniquely bound to any of the following:\n\n(1) A single instance of the item; or\n\n(2) One customer, for multiple instances of the item.\n\n\u201cCryptographic activation\u201d techniques and mechanisms may be implemented as hardware, \u201csoftware\u201d or \u201ctechnology\u201d.\n\nMechanisms for \u201ccryptographic activation\u201d can, for example, be serial number-based license keys or authentication instruments such as digitally signed certificates.\n\nCryptography  (Cat 5P2)\u2014The discipline that embodies principles, means and methods for the transformation of data in order to hide its information content, prevent its undetected modification or prevent its unauthorized use. \u201cCryptography\u201d is limited to the transformation of information using one or more 'secret parameters' ( e.g.,  crypto variables) and/or associated key management.\n\n1. \u201cCryptography\u201d does not include 'fixed' data compression or coding techniques.\n\n2. \u201cCryptography\u201d includes decryption.\n\n1. 'Secret parameter': A constant or key kept from the knowledge of others or shared only within a group.\n\n2. 'Fixed': The coding or compression algorithm cannot accept externally supplied parameters (e.g., cryptographic or key variables) and cannot be modified by the user.\n\nCustoms officer.  The Customs officers in the U.S. Customs Service and postmasters unless the context indicates otherwise.\n\nCW Laser.  (Cat 6) A CW (Continuous Wave) laser is defined as a laser that produces a nominally constant output energy for greater than 0.25 seconds.\n\nCyber incident response.  (\u00a7 740.22, Cat 4) means the process of exchanging necessary information on a cybersecurity incident with individuals or organizations responsible for conducting or coordinating remediation to address the cybersecurity incident.\n\nData-Based Referenced Navigation (\u201cDBRN\u201d) Systems.  (Cat 7) Systems which use various sources of previously measured geo-mapping data integrated to provide accurate navigation information under dynamic conditions. Data sources include bathymetric maps, stellar maps, gravity maps, magnetic maps or 3-D digital terrain maps.\n\n\u201cData signaling rate.\u201d  (Cat 5) means the rate, as defined in ITU Recommendation 53-36, taking into account that, for non-binary modulation, baud and bit per second are not equal. Bits for coding, checking and synchronization functions are to be included.\n\nWhen determining the \u201cdata signaling rate\u201d, servicing and administrative channels shall be excluded.\n\nIt is the maximum one-way rate, i.e., the maximum rate in either transmission or reception.\n\nDepleted uranium.  (Cat 0) means uranium depleted in the isotope 235 below that occurring in nature.\n\nDesigned or modified.  (MTCR context)\u2014Equipment, parts, components, or \u201csoftware\u201d that, as a result of \u201cdevelopment\u201d, or modification, have specified properties that make them fit for a particular application. \u201cDesigned or modified\u201d equipment, parts, components or \u201csoftware\u201d can be used for other applications. For example, a titanium coated pump designed for a \u201cmissile\u201d may be used with corrosive fluids other than propellants.\n\nDevelopment.  (General Technology Note)\u2014\u201cDevelopment\u201d is related to all stages prior to serial production, such as: design, design research, design analyses, design concepts, assembly and testing of prototypes, pilot production schemes, design data, process of transforming design data into a product, configuration design, integration design, layouts.\n\nDiffusion bonding.  (Cat 1 and 2)\u2014A solid state joining of at least two separate pieces of metals into a single piece with a joint strength equivalent to that of the weakest material, wherein the principal mechanism is interdiffusion of atoms across the interface.\n\nDigital computer.  (Cat 4 and 5)\u2014Equipment that can, in the form of one or more discrete variables, perform all of the following:\n\n(a) Accept data;\n\n(b) Store data or instructions in fixed or alterable (writable) storage devices;\n\n(c) Process data by means of a stored sequence of instructions that is modifiable; and\n\n(d) Provide output of data.\n\nModifications of a stored sequence of instructions include replacement of fixed storage devices, but not a physical change in wiring or interconnections.\n\nDigital transfer rate.  (Cat 5)\u2014The total bit rate of the information that is directly transferred on any type of medium. (See also \u201ctotal digital transfer rate\u201d)\n\nDirect product.  The immediate product (including processes and services) produced directly by the use of technology or software.\n\nDirectorate of Defense Trade Controls (DDTC).  The office at the Department of State, formerly known as the Office of Defense Trade Controls and before that as the Office of Munitions Control, responsible for reviewing applications to export and reexport items on the U.S. Munitions List. (See 22 CFR parts 120 through 130.)\n\nDual use.  Items that have both commercial and military or proliferation applications. While this term is used informally to describe items that are subject to the EAR, purely commercial items and certain munitions items listed on the Wassenaar Arrangement Munitions List (WAML) or the Missile Technology Control Regime Annex are also subject to the EAR (see \u00a7 734.2(a) of the EAR).\n\nDynamic adaptive routing.  (Cat 5)\u2014Automatic rerouting of traffic based on sensing and analysis of current actual network conditions.\n\nThis does not include cases of routing decisions taken on predefined information.\n\nEffective control.  You maintain effective control over an item when you either retain physical possession of the item, or secure the item in such an environment as a hotel safe, a bonded warehouse, or a locked or guarded exhibition facility. Retention of effective control over an item is a condition of certain temporary exports and reexports.\n\nElectronic assembly.  (Cat 4) means a number of electronic components (i.e., \u2018circuit elements\u2019, \u2018discrete components\u2019, integrated circuits, etc.) connected together to perform (a) specific function(s), replaceable as an entity and normally capable of being disassembled.\n\n1. \u2018Circuit element\u2019: a single active or passive functional part of an electronic circuit, such as one diode, one transistor, one resistor, one capacitor, etc.\n\n2. \u2018Discrete component\u2019: a separately packaged \u2018circuit element\u2019 with its own external connections.\n\nEncryption component.  Any encryption commodity or software (except source code), including encryption chips, integrated circuits, application specific encryption toolkits, or executable or linkable modules that alone are incapable of performing complete cryptographic functions, and is designed or intended for use in or the production of another encryption item.\n\nEncryption items.  The phrase encryption items includes all encryption commodities, software, and technology that contain encryption features and are subject to the EAR. This does not include encryption items specifically designed, developed, configured, adapted or modified for military applications (including command, control and intelligence applications) which are controlled by the Department of State on the U.S. Munitions List.\n\nEncryption licensing arrangement.  A license that allows the export of specified products to specified destinations in unlimited quantities. In certain cases, exports are limited to specified end-users for specified end-uses. Generally, reporting of all sales of the specified products is required at six month intervals. This includes sales made under distribution arrangements and distribution and warehousing agreements that were previously issued by the Department of State for encryption items.\n\nEncryption object code.  Computer programs containing an encryption source code that has been compiled into a form of code that can be directly executed by a computer to perform an encryption function.\n\nEncryption software.  Computer programs that provide capability of encryption functions or confidentiality of information or information systems. Such software includes source code, object code, applications software, or system software.\n\nEncryption source code.  A precise set of operating instructions to a computer that, when compiled, allows for the execution of an encryption function on a computer.\n\nEnd-effectors.  (Cat 2) Grippers, 'active tooling units' and any other tooling that is attached to the baseplate on the end of a \u201crobot\u201d manipulator arm.\n\n'Active tooling unit': a device for applying motive power, process energy or sensing to the workpiece.\n\nEnd item.  This is a system, equipment or assembled commodity ready for its intended use. Only ammunition, or fuel or other energy source is required to place it in an operating state. Examples of end items include ships, aircraft, computers, firearms, and milling machines.\n\nEnd-user.  The person abroad that receives and ultimately uses the exported or reexported items. The end-user is not a forwarding agent or intermediary, but may be the purchaser or ultimate consignee.\n\nEnergetic materials.  (Cat 1) Substances or mixtures that react chemically to release energy required for their intended application. \u201cExplosives\u201d, \u201cpyrotechnics\u201d and \u201cpropellants\u201d are subclasses of energetic materials.\n\nEquipment.  This is a combination of parts, components, accessories, attachments, firmware, or software that operate together to perform a function of, as, or for an end item or system. Equipment may be a subset of \u201cend items\u201d based on the characteristics of the equipment. Equipment that meets the definition of an end-item is an end-item. Equipment that does not meet the definition of an end-item is a part, component, accessory, attachment, firmware, or software.\n\nEquivalent Density.  (Cat 6)\u2014The mass of an optic per unit optical area projected onto the optical surface.\n\nEquivalent standards.  (Cat 1)\u2014Comparable national or international standards recognized by one or more Wassenaar Arrangement Participating States and applicable to the relevant entry.\n\nExplosives.  (Cat 1)\u2014see Annex \u201cList of Explosives\u201d located at the end of Category 1 of supplement no. 1 to part 774 \u201cCommerce Control List\u201d.\n\nExport.  See \u00a7 734.13 of the EAR.\n\nExport Administration Act (EAA).  Export Administration Act of 1979, as amended, effective October 1, 1979.\n\nExport Administration Regulations (EAR).  Regulations set forth in parts 730-774, inclusive, of Title 15 of the Code of Federal Regulations.\n\nExport Administration Review Board \u2014The body authorized by Executive Order 12002 as amended by Executive Orders 12755 and 13286. The Export Administration Review Board's role in license application review is in accordance with Executive Order 12981 as amended by Executive Orders 13020, 13026 and 13117.\n\nExport Control Classification Number (ECCN).  The numbers used in supplement no. 1 to part 774 of the EAR and throughout the EAR. The Export Control Classification Number consists of a set of digits and a letter. Reference \u00a7 738.2(c) of the EAR for a complete description of each ECCN's composition.\n\nExport control document.  A license; application for license; any and all documents submitted in accordance with the requirements of the EAR in support of, or in relation to, a license application; application for International Import Certificate; Delivery Verification Certificate or similar evidence of delivery; Electronic Export Information (EEI) on the Automated Export System (AES) presented in connection with shipments to any country; a Dock Receipt or bill of lading issued by any carrier in connection with any export subject to the EAR and any and all documents prepared and submitted by exporters and agents pursuant to the export clearance requirements of part 758 of the EAR; a U.S. exporter's report of request received for information, certification, or other action indicating a restrictive trade practice or boycott imposed by a foreign country against a country friendly to the United States, submitted to the U.S. Department of Commerce in accordance with the provisions of part 760 of the EAR; Customs Form 7512, Transportation Entry and Manifest of Goods, Subject to Customs Inspection and Permit, when used for Transportation and Exportation (T. & E.) or Immediate Exportation (I.E.); and any other document issued by a U.S. Government agency as evidence of the existence of a license for the purpose of loading onto an exporting carrier or otherwise facilitating or effecting an export from the United States or any reexport of any item requiring a license.\n\nExporter.  The person in the United States who has the authority of a principal party in interest to determine and control the sending of items out of the United States.\n\nExporting carrier.  Any instrumentality of water, land, or air transportation by which an export is effected, including any domestic air carrier on which any cargo for export is laden or carried.\n\nExtreme Ultraviolet (EUV).  Extreme Ultraviolet (EUV) means electromagnetic spectrum wavelengths greater than 5 nm and less than 124 nm.\n\nFADEC systems.  See \u201cfull authority digital engine control systems.\u201d\n\nFMU \u2014See \u201cflexible manufacturing unit\u201d\n\nFacilities.  This means a building or outdoor area in which people use an item that is built, installed, produced, or developed for a particular purpose.\n\nFibrous or filamentary materials.  (Cat 1, 2, 8 and 9)\u2014The term \u201cfibrous and filamentary materials\u201d includes:\n\n(a) Continuous monofilaments;\n\n(b) Continuous yarns and rovings;\n\n(c) Tapes, fabrics, random mats and braids;\n\n(d) Chopped fibers, staple fibers and coherent fiber blankets;\n\n(e) Whiskers, either monocrystalline or polycrystalline, of any length;\n\n(f) Aromatic polyimide pulp.\n\nFilm type integrated circuit.  (Cat 3)\u2014An array of \u201ccircuit elements\u201d and metallic interconnections formed by deposition of a thick or thin film on an insulating \u201csubstrate\u201d.\n\n\u201cCircuit element\u201d: a single active or passive functional part of an electronic circuit, such as one diode, one transistor, one resistor, one capacitor, etc.\n\nFinancial Institution.  As applied to encryption items, means any of the following:\n\n(a) A broker, dealer, government securities broker or dealer, self-regulatory organization, investment company or investment adviser, which is regulated or supervised by the Securities and Exchange Commission or a self-regulatory organization that is registered with the Securities and Exchange Commission; or\n\n(b) A broker, dealer, government securities broker or dealer, investment company, investment adviser, or entity that engages in securities activities that, if conducted in the United States, would be described by the definition of the term \u201cself-regulatory organization\u201d in the Securities Exchange Act of 1934, which is organized under the laws of a foreign country and regulated or supervised by a foreign securities authority; or\n\n(c) A U.S. board of trade that is designated as a contract market by the Commodity Futures Trading Commission or a futures commission merchant that is regulated or supervised by the Commodity Futures Trading Commission; or\n\n(d) A U.S. entity engaged primarily in the business of issuing a general purpose charge, debit, or stored value card, or a branch of, or affiliate controlled by, such an entity; or\n\n(e) A branch or affiliate of any of the entities listed in paragraphs (a), (b), or (c) of this definition regulated or supervised by the Securities and Exchange Commission, the Commodity Futures Trading Commission, or a foreign securities authority; or\n\n(f) An affiliate of any of the entities listed in paragraph (a), (b), (c), or (e), of this definition engaged solely in the business of providing data processing services to one or more bank or financial institutions, or a branch of such an affiliate; or\n\n(g) A company organized and regulated under the laws of any of the United States and its branches and affiliates whose primary and predominant business activity is the writing of insurance or the reinsuring of risks; or a company organized and regulated under the laws of a foreign country and its branches and affiliates whose primary and predominant business activity is the writing of insurance or the reinsuring of risks.\n\nFirm.  A corporation, partnership, limited partnership, association, company, trust, or any other kind of organization or body corporate, situated, residing, or doing business in the United States or any foreign country, including any government or agency thereof.\n\nFlexible manufacturing unit.  (FMU), (sometimes also referred to as \u2018flexible manufacturing system\u2019 (FMS) or \u2018flexible manufacturing cell\u2019 (FMC)) (Cat 2)\u2014An entity that includes a combination of at least:\n\n(a) A \u201cdigital computer\u201d including its own \u201cmain storage\u201d and its own \u201crelated equipment\u201d; and\n\n(b) Two or more of the following:\n\n(1) A machine tool described in 2B001.c;\n\n(2) A dimensional inspection machine described in Category 2, or another digitally controlled measuring machine controlled by an entry in Category 2;\n\n(3) A \u201crobot\u201d controlled by an entry in Category 2 or 8;\n\n(4) Digitally controlled equipment controlled by 1B003, 2B003, or 9B001;\n\n(5) \u201cStored program controlled\u201d equipment controlled by 3B001;\n\n(6) Digitally controlled equipment controlled by 1B001;\n\n(7) Digitally controlled electronic equipment controlled by 3A002.\n\nFly-by-light system.  (Cat 7) A primary digital flight control system employing feedback to control the \u201caircraft\u201d during flight, where the commands to the effectors/actuators are optical signals.\n\nFly-by-wire system.  (Cat 7) A primary digital flight control system employing feedback to control the \u201caircraft\u201d during flight, where the commands to the effectors/actuators are electrical signals.\n\nFocal plane array.  (Cat 6 and 8)\u2014A linear or two-dimensional planar layer, or combination of planar layers, of individual detector elements, with or without readout electronics, that work in the focal plane.\n\nThis definition does not include a stack of single detector elements or any two, three, or four element detectors provided time delay and integration is not performed within the element.\n\nFood.  Specific to exports and reexports to North Korea, Syria, Crimea region of Ukraine, and the so-called Donetsk People's Republic and Luhansk People's Republic regions of Ukraine, food means items that are consumed by and provide nutrition to humans and animals, and seeds, with the exception of castor bean seeds, that germinate into items that will be consumed by and provide nutrition to humans and animals. (Food does not include alcoholic beverages.)\n\nForeign government agency.  For the purposes of exemption from support documentation (see \u00a7 748.9 of the EAR), a foreign government agency is defined as follows:\n\n(a) National governmental departments operated by government-paid personnel performing governmental administrative functions; e.g. Finance Ministry, Ministry of Defense, Ministry of Health, etc. (municipal or other local government entities must submit required support documentation); or\n\n(b) National government-owned public service entities; e.g., nationally owned railway, postal, telephone, telegraph, broadcasting, and power systems, etc. The term \u201cforeign government agency\u201d does not include government corporations, quasi-government agencies, and state enterprises engaged in commercial, industrial, and manufacturing activities, such as petroleum refineries, mines, steel mills, retail stores, automobile manufacturing plants, airlines, or steamship lines that operate between two or more countries, etc.\n\nForeign person.  Any natural person who is not a lawful permanent resident of the United States, citizen of the United States, or any other protected individual as defined by 8 U.S.C. 1324b(a)(3). It also means any corporation, business association, partnership, trust, society or any other entity or group that is not incorporated in the United States or organized to do business in the United States, as well as international organizations, foreign governments and any agency or subdivision of a foreign government ( e.g.,  diplomatic mission). \u201cForeign person\u201d is synonymous with \u201cforeign national,\u201d as used in the EAR, and \u201cforeign person\u201d as used in the International Traffic in Arms Regulations (22 CFR 120.16). This definition does not apply to part 760 of the EAR (Restrictive Trade Practices or Boycotts).\n\nForeign policy control.  A control imposed under the EAR for any and all of the following reasons: chemical and biological weapons, nuclear nonproliferation, missile technology, regional stability, crime control, anti-terrorism, United Nations sanctions, and any other reason for control implemented under section 6 of the EAA or other similar authority.\n\nForeign Terrorist Organizations (FTO).  Any organization that is determined by the Secretary of the Treasury to be a foreign terrorist organization under notices or regulations issued by the Office of Foreign Assets Control (see 31 CFR chapter V).\n\nForwarding agent.  The person in the United States who is authorized by a principal party in interest to perform the services required to facilitate the export of the items from the United States. This may include air couriers or carriers. In routed export transactions, the forwarding agent and the exporter may be the same for compliance purposes under the EAR.\n\nFractional bandwidth.  (Cat 3, 5P1, 5P2)\u2014The \u201cinstantaneous bandwidth\u201d divided by the center frequency, expressed as a percentage.\n\nFrequency hopping.  (Cat 5P1, 5P2 and 6)\u2014A form of \u201cspread spectrum\u201d in which the transmission frequency of a single communication channel is made to change by a random or pseudo-random sequence of discrete steps.\n\nFrequency switching time.  (Cat 3) The time ( i.e.,  delay) taken by a signal when switched from an initial specified output frequency, to arrive at or within any of the following:\n\n(1) \u00b1100 Hz of a final specified output frequency of less than 1 GHz;  or\n\n(2) \u00b10.1 part per million of a final specified output frequency equal to or greater than 1 GHz.\n\nFront-end fabricator  is the company that provides front-end fabrication services to produce an integrated circuit, creating circuits on the surface of a wafer through processes such as photolithography, etch, and deposition.\n\nFuel cell.  (Cat 8) An electrochemical device that converts chemical energy directly into Direct Current (DC) electricity by consuming fuel from an external source.\n\nFull Authority Digital Engine Control Systems.  (\u201cFADEC Systems\u201d) (Cat 9) A digital electronic control system for a gas turbine engine that is able to autonomously control the engine throughout its whole operating range from demanded engine start until demanded engine shut down, in both normal and fault conditions.\n\nFundamental research.  See \u00a7 734.8 of the EAR.\n\nFusible.  (Cat 1)\u2014Capable of being cross-linked or polymerized further (cured) by the use of heat, radiation, catalysts, etc., or that can be melted without pyrolysis (charring).\n\nGate-All-Around Field-Effect Transistor (\u201cGAAFET\u201d).  (Cat 3)\u2014A device having a single or multiple semiconductor conduction channel element(s) with a common gate structure that surrounds and controls current in all of the semiconductor conduction channel elements. ( Note:  This definition includes nanosheet or nanowire field-effect and surrounding gate transistors and other \u201cGAAFET\u201d semiconductor channel element structures.)\n\nGDSII (\u201cGraphic Design System II\u201d)  (Cat 3) is a database file format for data exchange of integrated circuit artwork or integrated circuit layout artwork.\n\nGeneral prohibitions.  The 10 prohibitions found in part 736 of the EAR that prohibit certain exports, reexports, and other conduct, subject to the EAR, absent a license, license exception, or determination that no license is required (\u201cNLR\u201d).\n\n\u201cGovernment end user\u201d (as applied to encryption items ). A government end user is any foreign central, regional or local government department, agency, or other entity performing governmental functions; including governmental research institutions, governmental corporations or their separate business units (as defined in part 772 of the EAR) which are engaged in the manufacture or distribution of items or services controlled on the Wassenaar Munitions List, and international governmental organizations. This term does not include: Utilities (including telecommunications companies and Internet service providers); banks and financial institutions; transportation; broadcast or entertainment; educational organizations (except public schools and universities); civil health and medical organizations (including public civilian hospitals); retail or wholesale firms; and manufacturing or industrial entities not engaged in the manufacture or distribution of items or services controlled on the Wassenaar Munitions List.\n\nHard selectors.  (Cat 5P1) Data or set of data, related to an individual ( e.g.,  family name, given name, email, street address, phone number or group affiliations).\n\nHold Without Action (HWA).  License applications may be held without action only in the limited circumstances described in \u00a7 750.4(b) of the EAR. Encryption review requests may be placed on hold without action status as provided in \u00a7 740.17(d)(2) and \u00a7 742.15(b)(2) of the EAR.\n\nHybrid computer.  (Cat 4)\u2014Equipment that can:\n\n(a) Accept data;\n\n(b) Process data, in both analog and digital representation; and\n\n(c) Provide output of data.\n\nHybrid integrated circuit.  (Cat 3)\u2014Any combination of integrated circuit(s), or integrated circuit with \u201ccircuit elements\u201d or \u201cdiscrete components\u201d connected together to perform (a) specific function(s), and having all of the following criteria:\n\n(a) Containing at least one unencapsulated device;\n\n(b) Connected together using typical IC-production methods;\n\n(c) Replaceable as an entity; and\n\n(d) Not normally capable of being disassembled.\n\n1. \u201cCircuit element\u201d: a single active or passive functional part of an electronic circuit, such as one diode, one transistor, one resistor, one capacitor, etc.\n\n2. \u201cDiscrete component\u201d: a separately packaged \u201ccircuit element\u201d with its own external connections.\n\nImage enhancement.  (Cat 4)\u2014The processing of externally derived information-bearing images by algorithms such as time compression, filtering, extraction, selection, correlation, convolution or transformations between domains (e.g., fast Fourier transform or Walsh transform). This does not include algorithms using only linear or rotational transformation of a single image, such as translation, feature extraction, registration or false coloration.\n\nInformation security.  (Cat 5P2, GSIN, GSN)\u2014All the means and functions ensuring the accessibility, confidentiality or integrity of information or communications, excluding the means and functions intended to safeguard against malfunctions. This includes \u201ccryptography\u201d, \u201ccryptographic activation\u201d, \u201ccryptanalysis\u201d, protection against compromising emanations and computer security.\n\n'Cryptanalysis': the analysis of a cryptographic system or its inputs and outputs to derive confidential variables or sensitive data, including clear text. (ISO 7498-2-1988 (E), paragraph 3.3.18)\n\nInstantaneous bandwidth.  (Cat 3 and 5)\u2014The bandwidth over which output power remains constant within 3 dB without adjustment of other operating parameters.\n\nIntent to Deny (ITD) letter.  A letter informing the applicant:\n\n(a) Of the reason for BIS's decision to deny a license application; and\n\n(b) That the application will be denied 45 days from the date of the ITD letter, unless the applicant provides, and BIS accepts, a reason why the application should not be denied for the stated reason. See \u00a7 750.6 of the EAR.\n\nInterleaved Analog-to-Digital Converter (ADC).  (Cat 3) Devices that have multiple ADC units that sample the same analog input at different times such that when the outputs are aggregated, the analog input has been effectively sampled and converted at a higher sampling rate.\n\nIntermediate consignee.  The person that acts as an agent for a principal party in interest for the purpose of effecting delivery of items to the ultimate consignee. The intermediate consignee may be a bank, forwarding agent, or other person who acts as an agent for a principal party in interest.\n\nIntrinsic Magnetic Gradiometer.  (Cat 6)\u2014A single magnetic field gradient sensing element and associated electronics the output of which is a measure of magnetic field gradient. (See also \u201cMagnetic Gradiometer\u201d)\n\nIntrusion software.  (5P2) \u201cSoftware\u201d specially designed or modified to avoid detection by 'monitoring tools', or to defeat 'protective countermeasures', of a computer or network-capable device, and performing any of the following:\n\n(1) The extraction of data or information, from a computer or network-capable device, or the modification of system or user data; or\n\n(2) The modification of the standard execution path of a \u201cprogram\u201d or process in order to allow the execution of externally provided instructions.\n\n\u201cIntrusion software\u201d does not include any of the following: Hypervisors, debuggers or Software Reverse Engineering (SRE) tools; Digital Rights Management (DRM) \u201csoftware\u201d; or \u201cSoftware\u201d designed to be installed by manufacturers, administrators or users, for the purposes of asset tracking or recovery.\n\nNetwork-capable devices include mobile devices and smart meters.\n\n'Monitoring tools': \u201csoftware\u201d or hardware devices, that monitor system behaviors or processes running on a device. This includes antivirus (AV) products, end point security products, Personal Security Products (PSP), Intrusion Detection Systems (IDS), Intrusion Prevention Systems (IPS) or firewalls.\n\n'Protective countermeasures': techniques designed to ensure the safe execution of code, such as Data Execution Prevention (DEP), Address Space Layout Randomization (ASLR) or sandboxing.\n\nIsostatic presses.  (Cat 2)\u2014Equipment capable of pressurizing a closed cavity through various media (gas, liquid, solid particles, etc.) to create equal pressure in all directions within the cavity upon a workpiece or material.\n\nItem.  \u201cItem\u201d means \u201ccommodities, software, and technology.\u201d When the EAR intend to refer specifically to commodities, software, or technology, the text will use the specific reference.\n\nKnow.  See \u201cknowledge.\u201d\n\nKnowledge.  Knowledge of a circumstance (the term may be a variant, such as \u201cknow,\u201d \u201creason to know,\u201d or \u201creason to believe\u201d) includes not only positive knowledge that the circumstance exists or is substantially certain to occur, but also an awareness of a high probability of its existence or future occurrence. Such awareness is inferred from evidence of the conscious disregard of facts known to a person and is also inferred from a person's willful avoidance of facts. This definition does not apply to part 760 of the EAR (Restrictive Trade Practices or Boycotts).\n\nLaser.  (Cat 1, 2, 3, 5P1, 6, 7, 8 and 9)\u2014An item that produces spatially and temporally coherent light through amplification by stimulated emission of radiation. See also: \u201cChemical laser;\u201d \u201cSuper High Power Laser;\u201d and \u201cTransfer laser.\u201d\n\nLaw or regulation relating to export control.  Any statute, proclamation, executive order, regulation, rule, license, or order applicable to any conduct involving an export transaction shall be deemed to be a \u201claw or regulation relating to export control.\u201d\n\nLegible or legibility.  Legible and legibility mean the quality of a letter or numeral that enables the observer to identify it positively and quickly to the exclusion of all other letters or numerals.\n\nLess sensitive government end users (as applied to encryption items and 'cybersecurity items').  The following \u201cgovernment end users\u201d (as defined in this section) are considered \u201cless sensitive\u201d for the purposes of License Exception ENC (\u00a7  740.17 of the EAR) and License Exception ACE (\u00a7  740.22 of the EAR):\n\n(1) Local/state/provincial \u201cgovernment end users\u201d (departments, agencies, and entities), including local/state/provincial executive, legislative, judicial, police, fire, rescue, and public safety agencies.\n\n(2) National/federal/royal \u201cgovernment end users\u201d (departments, agencies, and entities) providing the following civil government functions and services:\n\n(i) Census and statistics services;\n\n(ii) Civil public works infrastructure services (construction, maintenance, repair, regulation, and administration) as follows: Buildings, public transportation, roads and highways, trucking;\n\n(iii) Civil service administration and regulation, including human resources and personnel/labor management;\n\n(iv) Clean water infrastructure services (treatment, supply and testing);\n\n(v) Economic (trade/commerce/investment), business and industrial development, promotion, regulation and administration, excluding the following end users/end uses:\n\n(A) Agencies, departments, boards, and councils for science and technology;\n\n(B) Research, development, and national laboratories (other than as specified in paragraphs (2)(xi) (measurements and standards services) and (2)(xii) (meteorology/weather/atmospheric services) of this definition); and\n\n(C) National telecommunications and information technology agencies, boards, councils, and development authorities (including national information center, and Information Communications Technology (ICT)/telecommunications infrastructure/spectrum planning, policy, regulation, and testing);\n\n(vi) Elections, balloting, and polling services;\n\n(vii) Energy regulation and administration, including oil, gas, and mining sectors;\n\n(viii) Environmental/natural resources regulation, administration, and protection, including wildlife, fisheries, and national parks;\n\n(ix) Food/agriculture regulation and administration;\n\n(x) Labor/community/social services planning, regulation, and administration, including: Housing and urban development, municipality and rural affairs;\n\n(xi) Measurements and standards services;\n\n(xii) Meteorology (weather, atmospheric) services;\n\n(xiii) National archives/museums;\n\n(xiv) Patents;\n\n(xv) Pilgrimage and religious affairs;\n\n(xvi) Postal services;\n\n(xvii) Public and higher education (excluding government research institutions and any agency, institution, or affiliate engaged in the manufacture or distribution of items or services controlled on the Wassenaar Munitions List);\n\n(xviii) Public health and medicine/pharmaceutical regulation and administration;\n\n(xix) Public libraries;\n\n(xx) Sports/culture (includes film, commercial broadcasting, and the arts) promotion, regulation, and administration; and\n\n(xxi) Travel/tourism promotion, regulation, and administration.\n\nLibrary.  (Cat 1) (parametric technical database) A collection of technical information, reference to which may enhance the performance of the relevant systems, equipment or components.\n\nLicense.  Authority issued by the Bureau of Industry and Security authorizing an export, reexport, or other regulated activity. The term \u201clicense\u201d does not include authority represented by a \u201cLicense Exception.\u201d\n\nLicense application; application for license.  License application and similar wording mean an application to BIS requesting the issuance of a license to the applicant.\n\nLicense Exception.  An authorization described in part 740 of the EAR that allows you to export or reexport, under stated conditions, items subject to the EAR that otherwise would require a license. Unless otherwise indicated, these License Exceptions are not applicable to exports under the licensing jurisdiction of agencies other than the Department of Commerce.\n\nLicensee.  The person to whom a license has been issued by BIS. See \u00a7 750.7(c) of the EAR for a complete definition and identification of a licensee's responsibilities.\n\nLighter-than-air vehicles.  (Cat 2 and 9) Balloons and \u201cairships\u201d that rely on hot air or on lighter-than-air gases such as helium or hydrogen for their lift.\n\nLocal area network.  (Cat 4 and 5 Part 1)\u2014A data communication system that:\n\n(a) Allows an arbitrary number of independent 'data devices' to communicate directly with each other; and\n\n(b) Is confined to a geographical area of moderate size ( e.g.,  office building, plant, campus, warehouse).\n\n'Data device' means equipment capable of transmitting or receiving sequences of digital information.\n\nMBTR \u2014See \u201cmaximum bit transfer rate\u201d.\n\nMTCR.  See Missile Technology Control Regime.\n\nMTEC.  See Missile Technology Export Control Group.\n\nMagnetic Gradiometers.  (Cat 6)\u2014Are designed to detect the spatial variation of magnetic fields from sources external to the instrument. They consist of multiple \u201cmagnetometers\u201d and associated electronics the output of which is a measure of magnetic field gradient. (See also \u201cIntrinsic Magnetic Gradiometer\u201d.)\n\nMagnetometers.  (Cat 6)\u2014Are designed to detect magnetic fields from sources external to the instrument. They consist of a single magnetic field sensing element and associated electronics the output of which is a measure of the magnetic field.\n\nMaterial.  This is any list-specified crude or processed matter that is not clearly identifiable as any of the types of items defined in \u00a7 772.1 under the defined terms, \u201cend item,\u201d \u201ccomponent,\u201d \u201caccessories,\u201d \u201cattachments,\u201d \u201cpart,\u201d \u201csoftware,\u201d \u201csystem, \u201cequipment,\u201d or \u201cfacilities.\u201d The exclusion from the definition of material for clearly identifiable items defined in \u00a7 772.1, such as for \u201cparts\u201d and \u201ccomponents,\u201d does not apply to the following ECCNs: 1C233, 1C234, 1C235, 1C236, 1C237, 1C239, 1C350, 1C395, 1C991, 1C992, and 1C995.\n\nMatrix.  (Cat 1, 2, 8, and 9)\u2014A substantially continuous phase that fills the space between particles, whiskers or fibers.\n\nMaximum bit transfer rate.  (MBTR) (Cat 4)\u2014Of solid state storage equipment: the number of data bits per second transferred between the equipment and its controller. Of a disk drive: the internal data transfer rate calculated as follows:\n\n\u201cMBTR\u201d (bits per second) = B \u00d7 R \u00d7 T, where:\n\nB = Maximum number of data bits per track available to read or write in a single revolution;\n\nR = Revolutions per second;\n\nT = Number of tracks that can be used or written simultaneously.\n\nMeasurement uncertainty.  (Cat 2) The characteristic parameter that specifies in what range around the output value the correct value of the measurable variable lies with a confidence level of 95%. It includes the uncorrected systematic deviations, the uncorrected backlash, and the random deviations (Ref.: ISO 10360-2).\n\nMedia access unit.  (Cat 5)\u2014Equipment that contains one or more communication interfaces (\u201cnetwork access controller\u201d, \u201ccommunications channel controller\u201d, modem or computer bus) to connect terminal equipment to a network.\n\nMedical devices.  For purposes of the EAR, medical devices are \u201cdevices\u201d as defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) including medical supplies, instruments, equipment, equipped ambulances, institutional washing machines for sterilization, and vehicles with medical testing equipment. Note that certain component parts and spares to be exported for incorporation into medical devices are on the Commerce Control List. Only items meeting the definition of \u201cmedical device\u201d and that are classified as EAR99 are eligible for export to Iran and under the licensing procedures set forth in the appropriate regulations promulgated and administered by Treasury's Office of Foreign Assets Control.\n\nMedicines.  Medicines means \u201cdrug\u201d as defined in section 201 of the Federal Food, Drug and Cosmetic Act (21 U.S.C. 321). For purposes of the EAR, medicines includes prescription and over the counter medicines for humans and animals. Note that certain medicines, such as vaccines and immunotoxins, are on the Commerce Control List. Only items meeting the definition of \u201cmedicine\u201d and that are classified as EAR99 are eligible for export to Iran and under the licensing procedures set forth in the appropriate regulations promulgated and administered by Treasury's Office of Foreign Assets Control.\n\nMetal embrittlement agents.  (Cat. 0)\u2014Non-lethal weapon substances that alter the crystal structure of metals within a short time span. Metal embrittlement agents severely weaken metals by chemically changing their molecular structure. These agents are compounded in various substances to include adhesives, liquids, aerosols, foams, and lubricants.\n\nMicrocomputer microcircuit.  (Cat 3) means a \u201cmonolithic integrated circuit\u201d or \u201cmultichip integrated circuit\u201d containing an arithmetic logic unit (ALU) capable of executing a series of general purpose instructions from an internal storage, on data contained in the internal storage.\n\nThe \u201cmicroprocessor microcircuit\u201d normally does not contain integral user-accessible storage, although storage present on-the-chip may be used in performing its logic function.\n\nThe internal storage may be augmented by an external storage.\n\nThis definition includes chip sets which are designed to operate together to provide the function of a \u201cmicroprocessor microcircuit.\u201d\n\nMicroorganisms.  (Cat 1 and 2) means bacteria, viruses, mycoplasms, rickettsiae, chlamydiae or fungi, whether natural, enhanced or modified, either in the form of isolated live cultures or as material including living material which has been deliberately inoculated or contaminated with such cultures.\n\nMicroprocessor microcircuit.  (Cat 3)\u2014A \u201cmonolithic integrated circuit\u201d or \u201cmultichip integrated circuit\u201d containing an arithmetic logic unit (ALU) capable of executing a series of general purpose instructions from an external storage.\n\n1: The \u201cmicroprocessor microcircuit\u201d normally does not contain integral user-accessible storage, although storage present on-the-chip may be used in performing its logic function.\n\nN.B. 2: This definition includes chip sets that are designed to operate together to provide the function of a \u201cmicroprocessor microcircuit\u201d.\n\nMicroprogram.  (Cat 4 and 5)\u2014A sequence of elementary instructions, maintained in a special storage, the execution of which is initiated by the introduction of its reference instruction into an instruction register.\n\nMilitary commodity.  As used in \u00a7 734.4(a)(5), supplement no. 1 to part 738 (footnote No. 3), \u00a7\u00a7 740.2(a)(11), 740.16(a)(2), 740.16(b)(2), 742.6(a)(3), 744.9(a)(2), 744.9(b), ECCN 0A919 and ( Related Controls ) in \u201c600 series\u201d ECCNs, \u201cmilitary commodity\u201d or \u201cmilitary commodities\u201d means an article, material, or supply that is described on the U.S. Munitions List (22 CFR Part 121) or on the Munitions List that is published by the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies, but does not include software, technology and any item listed in any ECCN for which the last three numerals are 018 or any item in the \u201c600 series.\u201d\n\nMissile Technology Control Regime (MTCR).  The United States and other nations in this multilateral control regime have agreed to guidelines for restricting the export and reexport of dual-use items that may contribute to the development of missiles. The MTCR Annex lists missile-related equipment and technology controlled either by the Department of Commerce's Bureau of Industry and Security\u2014Export Administration Regulations (15 CFR Parts 730 through 799) or by the Department of State's Directorate of Defense Trade Controls\u2014International Traffic in Arms Regulations (22 CFR Parts 120 through 130).\n\nMissile Technology Export Control Group (MTEC).  Chaired by the Department of State, the MTEC primarily reviews applications involving items controlled for Missile Technology (MT) reasons. The MTEC also reviews applications involving items not controlled for MT reasons, but destined for a country and/or end-use/end-user of concern.\n\n\u201c Missiles\u201d.  (All) Rocket systems (including ballistic missiles, space launch vehicles, and sounding rockets) and unmanned aerial vehicle systems (including cruise missiles, target drones, and reconnaissance drones) \u201ccapable of\u201d delivering at least 500 kilograms payload to a range of at least 300 kilometers. See \u00a7 746.3 for definition of a \u201cballistic missile\u201d to be exported or reexported to Iraq or transferred within Iraq.\n\n\u201c MMIC \u201d. (Cat 3 and 5) See \u201cMonolithic Microwave Integrated Circuit\u201d\n\nModel Weights.  See ECCN 4E091 (supplement no. 1 to part 774).\n\nMonolithic integrated circuit.  (Cat 3)\u2014A combination of passive or active \u201ccircuit elements\u201d or both that:\n\n(a) Are formed by means of diffusion processes, implantation processes or deposition processes in or on a single semiconducting piece of material, a so-called \u2018chip\u2019;\n\n(b) Can be considered as indivisibly associated; and\n\n(c) Perform the function(s) of a circuit.\n\n\u201cCircuit element\u201d: a single active or passive functional part of an electronic circuit, such as one diode, one transistor, one resistor, one capacitor, etc.\n\n\u201c Monolithic Microwave Integrated Circuit \u201d (\u201c MMIC \u201d) (Cat 3, 5P1 and 9) is a \u201cmonolithic integrated circuit\u201d that operates at microwave or millimeter wave frequencies.\n\nMonospectral imaging sensors.  (Cat 6) are capable of acquisition of imaging data from one discrete spectral band.\n\nMore sensitive government end users (as applied to encryption items and 'cybersecurity items').  The following national/federal/royal (departments, agencies, and entities) \u201cgovernment end users\u201d (as defined in this section) providing the following government functions and services, are considered \u201cmore sensitive\u201d for the purposes of License Exception ENC (\u00a7  740.17 of the EAR) and License Exception ACE (\u00a7  740.22 of the EAR):\n\n(1) Agencies, departments, boards, and councils for science and technology (including research, development, and state/national laboratories, but not including measurements and standards);\n\n(2) Currency and monetary authorities (including departments and offices of the national/federal/royal reserve);\n\n(3) Executive agents of state (including offices of president/vice president/prime minister, royal courts, national security councils, cabinet/council of ministers/supreme councils/executive councils, crown princes and other deputies of the rulers, departments and offices of political/constitutional/mainland affairs);\n\n(4) Legislative bodies responsible for the enactment of laws;\n\n(5) Import/export control, customs and immigration agencies, and entities;\n\n(6) Intelligence agencies and entities;\n\n(7) Judiciary (including supreme courts and other national/federal/regional/royal high courts and tribunals);\n\n(8) Maritime, port, railway, and airport authorities;\n\n(9) Military and armed services (including national guard, coast guard, security bureaus, and paramilitary);\n\n(10) Ministries, departments, and garrisons of defense (including defense technology agencies);\n\n(11) Ministries and departments of finance and taxation (including national/federal/royal budget and revenue authorities);\n\n(12) Ministries and departments of foreign affairs/foreign relations/consulates/embassies;\n\n(13) Ministries of interior, internal/home/mainland affairs, and homeland security;\n\n(14) State/national telecommunications and information technology agencies, boards, councils, and development authorities (including national information/critical infrastructure data centers, and Information and Communications Technology (ICT)/telecommunications infrastructure/spectrum planning, policy, regulation, and testing);\n\n(15) Police, investigation and other law enforcement agencies, and entities (including digital crime/cybercrime/computer forensics, counter narcotics/counter terrorism/counter proliferation agencies);\n\n(16) Prisons; and\n\n(17) Public safety agencies and entities (including national/federal/royal agencies and departments of civil defense, emergency management, and first responders).\n\nMotion control board.  (Cat 2)\u2014An electronic \u201cassembly\u201d specially designed to provide a computer system with the capability to coordinate simultaneously the motion of axes of machine tools for \u201ccontouring control\u201d.\n\nMultichip integrated circuit.  (Cat 3)\u2014Two or more \u201cmonolithic integrated circuits\u201d bonded to a common \u201csubstrate\u201d.\n\nMulti-data-stream processing.  (Cat 4)\u2014The \u201cmicroprogram\u201d or equipment architecture technique that permits simultaneous processing of two or more data sequences under the control of one or more instruction sequences by means such as:\n\n(a) Single Instruction Multiple Data (SIMD) architectures such as vector or array processors;\n\n(b) Multiple Single Instruction Multiple Data (MSIMD) architectures;\n\n(c) Multiple Instruction Multiple Data (MIMD) architectures, including those that are tightly coupled, closely coupled or loosely coupled; or\n\n(d) Structured arrays of processing elements, including systolic arrays.\n\nMultiple channel Analog-to-Digital Converter (ADC).  (Cat 3) Devices that integrate more than one ADC, designed so that each ADC has a separate analog input.\n\nMultispectral Imaging Sensors.  (Cat 6)\u2014Are capable of simultaneous or serial acquisition of imaging data from two or more discrete spectral bands. Sensors having more than twenty discrete spectral bands are sometimes referred to as hyperspectral imaging sensors.\n\nN.E.S.  N.E.S or n.e.s. is an abbreviation meaning \u201cnot elsewhere specified\u201d.\n\nNATO (North Atlantic Treaty Organization).  A strategic defensive organization that consists of the following member nations: Albania, Belgium, Bulgaria, Canada, Croatia, Czech Republic, Denmark, Estonia, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Lithuania, Luxembourg, the Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Turkey, the United Kingdom, and the United States.\n\nNLR.  NLR (\u201cno license required\u201d) is a symbol entered on the Electronic Export Information filing on the Automated Export System certifying that no license is required.\n\nNSG.  See Nuclear Suppliers Group.\n\nNatural uranium.  (Cat 0) means uranium containing the mixtures of isotopes occurring in nature.\n\nNet value.  The actual selling price, less shipping charges or current market price, whichever is the larger, to the same type of purchaser in the United States.\n\nNetwork Access Controller.  (Cat 4)\u2014A physical interface to a distributed switching network. It uses a common medium which operates throughout at the same \u201cdigital transfer rate\u201d using arbitration (e.g., token or carrier sense) for transmission. Independently from any other, it selects data packets or data groups (e.g., IEEE 802) addressed to it. It is an assembly that can be integrated into computer or telecommunications equipment to provide communications access.\n\nNon-standard cryptography.  Means any implementation of \u201ccryptography\u201d involving the incorporation or use of proprietary or unpublished cryptographic functionality, including encryption algorithms or protocols that have not been adopted or approved by a duly recognized international standards body (e.g., IEEE, IETF, ISO, ITU, ETSI, 3GPP, TIA, and GSMA) and have not otherwise been published.\n\nNuclear reactor.  (Cat 0 and 2) includes the items within or attached directly to the reactor vessel, the equipment which controls the level of power in the core, and the components which normally contain, come into direct contact with or control the primary coolant of the reactor core.\n\nNuclear Suppliers Group (NSG).  The United States and other nations in this multilateral control regime have agreed to guidelines for restricting the export or reexport of items with nuclear applications. Members include: Argentina, Australia, Austria, Belarus, Belgium, Brazil, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Kazakhstan, Latvia, Lithuania, Luxembourg, Malta, Mexico, the Netherlands, New Zealand, Norway, People's Republic of China, Poland, Portugal, Republic of Korea, Romania, Russia, Serbia, Slovak Republic, Slovenia, South Africa, Spain, Sweden, Switzerland, Turkey, Ukraine, the United Kingdom, and the United States. See also \u00a7 742.3 of the EAR.\n\nNumerical control.  (Cat 2)\u2014The automatic control of a process performed by a device that makes use of numeric data usually introduced as the operation is in progress (Ref. ISO 2382).\n\n\u201cObject code\u201d.  (or object language) (GSN)\u2014An equipment executable form of a convenient expression of one or more processes (\u201csource code\u201d (or source language)) that has been compiled by a programming system. (See also \u201csource code\u201d)\n\nOffice of Foreign Assets Control (FAC) or (OFAC).  The office at the Department of the Treasury responsible for blocking assets of foreign countries subject to economic sanctions, controlling participation by U.S. persons, including foreign subsidiaries, in transactions with specific countries or nationals of such countries, and administering embargoes on certain countries or areas of countries. (See 31 CFR parts 500 through 590.)\n\nOpen cryptographic interface.  A mechanism which is designed to allow a customer or other party to insert cryptographic functionality without the intervention, help or assistance of the manufacturer or its agents, e.g., manufacturer's signing of cryptographic code or proprietary interfaces. If the cryptographic interface implements a fixed set of cryptographic algorithms, key lengths or key exchange management systems, that cannot be changed, it will not be considered an \u201copen\u201d cryptographic interface. All general application programming interfaces (e.g., those that accept either a cryptographic or non-cryptographic interface but do not themselves maintain any cryptographic functionality) will not be considered \u201copen\u201d cryptographic interfaces.\n\nOperate autonomously.  (Cat 8)\u2014Fully submerged, without snorkel, all systems working and cruising at minimum speed at which the submersible can safely control its depth dynamically by using its depth planes only, with no need for a support vessel or support base on the surface, sea-bed or shore, and containing a propulsion system for submerged or surface use.\n\nOperating Committee (OC).  The OC voting members include representatives of appropriate agencies in the Departments of Commerce, State, Defense, Justice (for encryption exports), and Energy and the Arms Control and Disarmament Agency. The appropriate representatives of the Joint Chiefs of Staff and the Director of the Nonproliferation Center of the Central Intelligence Agency are non-voting members. The Department of Commerce representative, appointed by the Secretary, is the Chair of the OC and serves as the Executive Secretary of the Advisory Committee on Export Policy. The OC may invite representatives of other Government agencies or departments (other than those identified in this definition) to participate in the activities of the OC when matters of interest to such agencies or departments are under consideration.\n\nOperations, Administration or Maintenance  (\u201cOAM\u201d). (Cat 5P2) Means performing one or more of the following tasks:\n\n(a) Establishing or managing any of the following:\n\n(1) Accounts or privileges of users or administrators;\n\n(2) Settings of an item; or\n\n(3) Authentication data in support of the tasks described in paragraphs (a)(1) or (2) of this definition;\n\n(b) Monitoring or managing the operating condition or performance of an item; or\n\n(c) Managing logs or audit data in support of any of the tasks described in paragraphs (a) or (b) of this definition.\n\n\u201cOAM\u201d does not include any of the following tasks or their associated key management functions:\n\na. Provisioning or upgrading any cryptographic functionality that is not directly related to establishing or managing authentication data in support of the tasks described in paragraphs (a)(1) or (2) of this definition; or\n\nb. Performing any cryptographic functionality on the forwarding or data plane of an item.\n\nOptical integrated circuit.  (Cat 3)\u2014A \u201cmonolithic integrated circuit\u201d or a \u201chybrid integrated circuit\u201d, containing one or more parts designed to function as photosensor or photoemitter or to perform (an) optical or (an) electro-optical function(s).\n\nOptical switching.  (Cat 5)\u2014The routing of or switching of signals in optical form without conversion to electrical signals.\n\nOrder Party.  The person in the United States who conducted the direct negotiations or correspondence with the foreign purchaser or ultimate consignee and who, as a result of these negotiations, received the order from the foreign purchaser or ultimate consignee.\n\nOrganization for the Prohibition of Chemical Weapons (OPCW).  Means the international organization, located in The Hague, Netherlands, that administers the Chemical Weapons Convention.\n\nOther party authorized to receive license.  The person authorized by the applicant to receive the license. If a person and address is listed in Block 15 of the application, the Bureau of Industry and Security will send the license to that person instead of the applicant. Designation of another party to receive the license does not alter the responsibilities of the applicant, licensee or exporter.\n\nOutsourced Semiconductor Assembly and Test (OSAT)  is a company that provides third-party manufacturing and testing services to semiconductor businesses. OSAT companies are responsible for assembling, packaging, and testing integrated circuits and other semiconductor devices.\n\nOverall current density.  (Cat 3)\u2014The total number of ampere-turns in the coil (i.e., the sum of the number of turns multiplied by the maximum current carried by each turn) divided by the total cross-section of the coil (comprising the superconducting filaments, the metallic matrix in which the superconducting filaments are embedded, the encapsulating material, any cooling channels, etc.).\n\nPart.  This is any single unassembled element of a \u201ccomponent,\u201d \u201caccessory,\u201d or \u201cattachment\u201d which is not normally subject to disassembly without the destruction or the impairment of design use. Examples include threaded fasteners (e.g., screws, bolts, nuts, nut plates, studs, inserts), other fasteners (e.g., clips, rivets, pins), common hardware (e.g., washers, spacers, insulators, grommets, bushings), springs and wire.\n\nPart program.  (Cat. 2)\u2014An ordered set of instructions that is in a language and in a format required to cause operations to be effected under automatic control and that is either written in the form of a machine program on an input medium or prepared as input data for processing in a computer to obtain a machine program (Ref. ISO 2806-1980).\n\nPayload. (MTCR context) \u2014The total mass that can be carried or delivered by the specified rocket system or unmanned aerial vehicle (UAV) system that is not used to maintain flight.\n\nThe particular equipment, subsystems, or components to be included in the \u201cpayload\u201d depends on the type and configuration of the vehicle under construction.\n\na. Ballistic Missiles\n\n1. \u201cPayload\u201d for systems with separating re-entry vehicles (RVs) includes:\n\ni. The RVs, including:\n\nA. Dedicated guidance, navigation, and control equipment;\n\nB. Dedicated countermeasures equipment;\n\nii. Munitions of any type (e.g., explosive or non-explosive);\n\niii. Supporting structures and deployment mechanisms for the munitions (e.g., hardware used to attach to, or separate the RV from, the bus/post-boost vehicle) that can be removed without violating the structural integrity of the vehicle;\n\niv. Mechanisms and devices for safing, arming, fuzing, or firing;\n\nv. Any other countermeasures equipment (e.g., decoys, jammers, or chaff dispensers) that separate from the RV bus/post-boost vehicle;\n\nvi. The bus/post-boost vehicle or attitude control/velocity trim module not including systems/subsystems essential to the operation of other stages.\n\n2. \u201cPayload\u201d for systems with non-separating re-entry vehicles includes:\n\ni. Munitions of any type (e.g., explosive or non-explosive);\n\nii. Supporting structures and deployment mechanisms for the munitions that can be removed without violating the structural integrity of the vehicle;\n\niii. Mechanisms and devices for safing, arming, fuzing or firing;\n\niv. Any countermeasures equipment (e.g., decoys, jammers, or chaff dispensers) that can be removed without violating the structural integrity of the vehicle.\n\nb. Space Launch Vehicles\u2014\u201cPayload\u201d includes:\n\n1. Spacecraft (single or multiple), including satellites;\n\n2. Spacecraft-to-launch vehicle adapters including, if applicable, apogee/perigee kick motors or similar maneuvering systems and separation systems;\n\nc. Sounding Rockets\u2014\u201cPayload\u201d includes:\n\n1. Equipment required for a mission, such as data gathering, recording or transmitting devices for mission-specific data;\n\n2. Recovery equipment (e.g., parachutes) that can be removed without violating the structural integrity of the vehicle.\n\nd. Cruise Missiles\u2014\u201cPayload\u201d includes:\n\n1. Munitions of any type (e.g., explosive or non-explosive);\n\n2. Supporting structures and mechanisms for the munitions that can be removed without violating the structural integrity of the vehicle;\n\n3. Mechanisms and devices for safing, arming, fuzing or firing;\n\n4. Countermeasures equipment (e.g., decoys, jammers or chaff dispensers) that can be removed without violating the structural integrity of the vehicle;\n\n5. Signature alteration equipment that can be removed without violating the structural integrity of the vehicle;\n\ne. Other UAVs\u2014\u201cPayload\u201d includes:\n\n1. Munitions of any type (e.g., explosive or non-explosive);\n\n2. Mechanisms and devices for safing, arming, fuzing or firing;\n\n3. Countermeasures equipment (e.g., decoys, jammers or chaff dispensers) that can be removed without violating the structural integrity of the vehicle;\n\n4. Signature alteration equipment that can be removed without violating the structural integrity of the vehicle;\n\n5. Equipment required for a mission such as data gathering, recording or transmitting devices for mission-specific data and supporting structures that can be removed without violating the structural integrity of the vehicle;\n\n6. Recovery equipment (e.g., parachutes) that can be removed without violating the structural integrity of the vehicle;\n\n7. Munitions supporting structures and deployment mechanisms that can be removed without violating the structural integrity of the vehicle.\n\nPeak power.  (Cat 6)\u2014The highest power attained in the \u201cpulse duration.\u201d\n\nPerson.  A natural person, including a citizen or national of the United States or of any foreign country; any firm; any government, government agency, government department, or government commission; any labor union; any fraternal or social organization; and any other association or organization whether or not organized for profit. This definition does not apply to part 760 of the EAR (Restrictive Trade Practices or Boycotts).\n\nPersonal area network (Cat 5 Part 2) \u2014A data communication system having all of the following characteristics:\n\n(1) Allows an arbitrary number of independent or interconnected 'data devices' to communicate directly with each other; and\n\n(2) Is confined to the communication between devices within the immediate physical vicinity of an individual person or device controller ( e.g.,  single room, office, or automobile).\n\n1. 'Data device' means equipment capable of transmitting or receiving sequences of digital information.\n\n2. The \u201clocal area network\u201d extends beyond the geographical area of the \u201cpersonal area network\u201d.\n\nPort of export.  The port where the cargo to be shipped abroad is laden aboard the exporting carrier. It includes, in the case of an export by mail, the place of mailing.\n\nPrincipal element.  (Cat 4)\u2014An element is a \u201cprincipal element\u201d when its replacement value is more than 35% of the total value of the system of which it is an element. Element value is the price paid for the element by the manufacturer of the system, or by the system integrator. Total value is the normal international selling price to unrelated parties at the point of manufacture or consolidation of shipment.\n\nPrincipal parties in interest.  Those persons in a transaction that receive the primary benefit, monetary or otherwise, of the transaction. Generally, the principals in a transaction are the seller and the buyer. In most cases, the forwarding or other agent is not a principal party in interest.\n\nProduction.  (General Technology Note) (All Categories)\u2014Means all production stages, such as: product engineering, manufacture, integration, assembly (mounting), inspection, testing, quality assurance.\n\nProduction equipment.  (MTCR context)\u2014Tooling, templates, jigs, mandrels, moulds, dies, fixtures, alignment mechanisms, test equipment, other machinery and components therefor, limited to those specially designed or modified for \u201cdevelopment\u201d or for one or more phases of \u201cproduction\u201d.\n\nProduction Facilities.  (MTCR Context only). (Cat 7 and 9)\u2014Means \u201cproduction equipment\u201d and specially designed \u201csoftware\u201d therefor integrated into installations for \u201cdevelopment\u201d or for one or more phases of \u201cproduction\u201d.\n\nProgram.  (Cat 1, 4, 6, and 7)\u2014A sequence of instructions to carry out a process in, or convertible into, a form executable by an electronic computer.\n\nProof test.  (Cat 5)\u2014On-line or off-line production screen testing that dynamically applies a prescribed tensile stress over a 0.5 to 3 m length of fiber at a running rate of 2 to 5 m/s while passing between capstans approximately 150 mm in diameter. The ambient temperature is a nominal 293 K (20 \u00b0C) and relative humidity 40%.\n\nEquivalent national standards for executing the \u201cproof test\u201d may be used.\n\nProscribed person.  A person who is prohibited from receiving the items at issue or participating in a transaction that is subject to the EAR without authorization under the EAR, such as persons on the Entity List or denied persons.\n\nPublicly available encryption software.  See \u00a7 742.15(b) of the EAR.\n\nPublished.  See \u00a7 734.7 of the EAR.\n\nPulse compression.  (Cat 6)\u2014The coding and processing of a radar signal pulse of long time duration to one of short time duration, while maintaining the benefits of high pulse energy.\n\nPulse duration.  (Cat 6)\u2014Duration of a \u201claser\u201d pulse is the time between the half-power points on the leading edge and trailing edge of an individual pulse.\n\nPulsed Laser.  (Cat 6)\u2014A pulsed \u201claser\u201d is defined as having a \u201cpulse duration\u201d that is less than or equal to 0.25 seconds.\n\nPurchaser.  The person abroad who has entered into a transaction to purchase an item for delivery to the ultimate consignee. In most cases, the purchaser is not a bank, forwarding agent, or intermediary. The purchaser and ultimate consignee may be the same entity.\n\nPyrotechnic(s).  (Cat 1) Mixtures of solid or liquid fuels and oxidizers which, when ignited, undergo an energetic chemical reaction at a controlled rate intended to produce specific time delays, or quantities of heat, noise, smoke, visible light or infrared radiation. Pyrophorics are a subclass of pyrotechnics, which contain no oxidizers but ignite spontaneously on contact with air.\n\nQuantum cryptography.  (Cat 5P2) A family of techniques for the establishment of a shared key for \u201ccryptography\u201d by measuring the quantum-mechanical properties of a physical system (including those physical properties explicitly governed by quantum optics, quantum field theory, or quantum electrodynamics).\n\nRWA.  See Return Without Action.\n\nRadar frequency agility.  (Cat 6)\u2014Any technique that changes, in a pseudo-random sequence, the carrier frequency of a pulsed radar transmitter between pulses or between groups of pulses by an amount equal to or larger than the pulse bandwidth.\n\nRadar spread spectrum.  (Cat 6)\u2014Any modulation technique for spreading energy originating from a signal with a relatively narrow frequency band, over a much wider band of frequencies, by using random or pseudo-random coding.\n\nRadiant sensitivity  (Cat 6)\u2014Radiant sensitivity (mA/W) = 0.807 \u00d7 (wavelength in nm) \u00d7 'Quantum Efficiency (QE)'.\n\n'QE' is usually expressed as a percentage; however, for the purposes of this formula 'QE' is expressed as a decimal number less than one, e.g., 78% is 0.78.\n\nRange.  (Cat 8)\u2014Half the maximum distance a submersible vehicle can cover.\n\nRange. (MTCR context) \u2014The maximum distance that the specified rocket system or unmanned aerial vehicle (UAV) system is capable of traveling in the mode of stable flight as measured by the projection of its trajectory over the surface of the Earth.\n\na. The maximum capability based on the design characteristics of the system, when fully loaded with fuel or propellant, will be taken into consideration in determining \u201crange\u201d.\n\nb. The \u201crange\u201d for both rocket systems and UAV systems will be determined independently of any external factors such as operational restrictions, limitations imposed by telemetry, data links or other external constraints.\n\nc. For rocket systems, the \u201crange\u201d will be determined using the trajectory that maximizes \u201crange\u201d, assuming ICAO standard atmosphere with zero wind.\n\nd. For UAV systems, the \u201crange\u201d will be determined for a one-way distance using the most fuel-efficient flight profile (e.g. cruise speed and altitude), assuming ICAO standard atmosphere with zero wind.\n\nReadable or readability.  Readable and readability mean the quality of a group of letters or numerals being recognized as complete words or numbers.\n\n\u201cReal-time Processing \u201d. (Cat 2, 4, and 6) The processing of data by a computer system providing a required level of service, as a function of available resources, within a guaranteed response time, regardless of the load of the system, when stimulated by an external event.\n\nReasons for Control.  Reasons for Control are: Anti-Terrorism (AT), Chemical & Biological Weapons (CB), Chemical Weapons Convention (CW), Crime Control (CC), Encryption Items (EI), Firearms Convention (FC), Missile Technology (MT), National Security (NS), Nuclear Nonproliferation (NP), Regional Stability (RS), Short Supply (SS), Significant Items (SI), Surreptitious Listening (SL) and United Nations sanctions (UN). Items controlled within a particular ECCN may be controlled for more than one reason.\n\nRecoverable commodities and software.  As applied to encryption items, means any of the following:\n\n(a) A stored data product containing a recovery feature that, when activated, allows recovery of the plaintext of encrypted data without the assistance of the end-user; or\n\n(b) A product or system designed such that a network administrator or other authorized persons who are removed from the end-user can provide law enforcement access to plaintext without the knowledge or assistance of the end-user. This includes, for example, products or systems where plaintext exists and is accessible at intermediate points in a network or infrastructure system, enterprise-controlled recovery systems, and products which permit recovery of plaintext at the server where a system administrator controls or can provide recovery of plaintext across an enterprise.\n\n\u201cPlaintext\u201d indicates that data that is initially received by or presented to the recoverable product before encryption takes place.\n\nReexport.  See \u00a7 734.14 of the EAR.\n\nRelease.  See \u00a7 734.15 of the EAR.\n\nRepeatability.  (Cat 7)\u2014The closeness of agreement among repeated measurements of the same variable under the same operating conditions when changes in conditions or non-operating periods occur between measurements. (Reference: IEEE STD 528-2001 (one sigma standard deviation))\n\nRepeatability.  (MTCR Context only) (Cat 7)\u2014According to IEEE Standard for Inertial Sensor Terminology 528-2001 in the Definitions section paragraph 2.214 titled repeatability (gyro, accelerometer) as follows: \u201cThe closeness of agreement among repeated measurements of the same variable under the same operating conditions when changes in conditions or non-operating periods occur between measurements.\u201d\n\nReplacement license.  An authorization by the Bureau of Industry and Security revising the information, conditions, or riders stated on a license issued by BIS. See \u00a7 750.7 of the EAR.\n\nRequired.  (General Technology Note) \u2014As applied to \u201ctechnology\u201d or \u201csoftware,\u201d refers to only that portion of \u201ctechnology\u201d or \u201csoftware\u201d which is peculiarly responsible for achieving or exceeding the controlled performance levels, characteristics or functions. Such \u201crequired\u201d \u201ctechnology\u201d or \u201csoftware\u201d may be shared by different products. For example, assume product \u201cX\u201d is controlled on the CCL if it operates at or above 400 MHz and is not controlled if it operates below 400 MHz. If production technologies \u201cA,\u201d \u201cB,\u201d and \u201cC\u201d allow production at no more than 399 MHz, then technologies \u201cA,\u201d \u201cB,\u201d and \u201cC\u201d are not \u201crequired\u201d to produce the controlled product \u201cX\u201d. If technologies \u201cA,\u201d \u201cB,\u201d \u201cC,\u201d \u201cD,\u201d and \u201cE\u201d are used together, a manufacturer can produce product \u201cX\u201d that operates at or above 400 MHz. In this example, technologies \u201cD\u201d and \u201cE\u201d are peculiarly responsible for making the controlled product and are thus \u201crequired\u201d technology under the General Technology Note. (See the General Technology Note.)\n\nThe ITAR and the EAR often divide within each set of regulations or between each set of regulations:\n\n(a) Controls on parts, components, accessories, attachments, and software; and\n\n(b) Controls on the end items, systems, equipment, or other items into which those parts, components, accessories, attachments, and software are to be installed or incorporated.\n\nThe references to \u201ccharacteristics\u201d and \u201cfunctions\u201d are not limited to entries on the CCL that use specific technical parameters to describe the scope of what is controlled. The \u201ccharacteristics\u201d and \u201cfunctions\u201d of an item listed are, absent a specific regulatory definition, a standard dictionary's definition of the item. For example, ECCN 9A610.a controls military aircraft specially designed for a military use that are not enumerated in USML paragraph VIII(a). No performance level is identified in the entry, but the control characteristic of the aircraft is that it is specially designed \u201cfor military use.\u201d Thus, any technology, regardless of significance, peculiar to making an aircraft \u201cfor military use\u201d as opposed to, for example, an aircraft controlled under ECCN 9A991.a, would be technical data \u201crequired\u201d for an aircraft specially designed for military use thus controlled under ECCN 9E610.\n\nUnclassified technology not specifically enumerated on the USML is \u201csubject to the EAR\u201d if it is \u201c required\u201d  for the \u201cdevelopment,\u201d \u201cproduction,\u201d \u201cuse,\u201d operation, installation, maintenance, repair, overhaul, or refurbishing (or other terms specified in ECCNs on the CCL that control \u201ctechnology\u201d) of a commodity or software that is subject to the EAR. Thus, for example, if unclassified technology not specifically enumerated on the USML is \u201crequired\u201d for the development or production of a 9A610.x aircraft component that is to be integrated or installed in a USML VIII(a) aircraft, then the \u201ctechnology\u201d is controlled under ECCN 9E610, not USML VIII(i). Conversely, technical data directly related to, for example, the development or production of a component subject to the ITAR does not become subject to the EAR merely because it is developed or produced with equipment subject to the EAR.\n\nReturn Without Action (RWA).  An application may be RWA'd for one of the following reasons:\n\n(a) The applicant has requested the application be returned;\n\n(b) A License Exception applies;\n\n(c) The items are not under Department of Commerce jurisdiction;\n\n(d) Required documentation has not been submitted with the application; or\n\n(e) The applicant cannot be reached after several attempts to request additional information necessary for processing of the application.\n\nRobot.  (Cat 2 and 8)\u2014A manipulation mechanism, which may be of the continuous path or of the point-to-point variety, may use \u201csensors\u201d, and has all the following characteristics:\n\n(a) Is multifunctional;\n\n(b) Is capable of positioning or orienting material, parts, tools or special devices through variable movements in a three dimensional space;\n\n(c) Incorporates three or more closed or open loop servo-devices that may include stepping motors; and\n\n(d) Has \u201cuser-accessible programmability\u201d by means of teach/playback method or by means of an electronic computer that may be a programmable logic controller, i.e., without mechanical intervention.\n\nThis definition does not include the following devices:\n\n(a) Manipulation mechanisms that are only manually/teleoperator controllable;\n\n(b) Fixed sequence manipulation mechanisms that are automated moving devices, operating according to mechanically fixed programmed motions. The program is mechanically limited by fixed stops, such as pins or cams. The sequence of motions and the selection of paths or angles are not variable or changeable by mechanical, electronic or electrical means;\n\n(c) Mechanically controlled variable sequence manipulation mechanisms that are automated moving devices, operating according to mechanically fixed programmed motions. The program is mechanically limited by fixed, but adjustable stops, such as pins or cams. The sequence of motions and the selection of paths or angles are variable within the fixed program pattern. Variations or modifications of the program pattern (e.g., changes of pins or exchanges of cams) in one or more motion axes are accomplished only through mechanical operations;\n\n(d) Non-servo-controlled variable sequence manipulation mechanisms that are automated moving devices, operating according to mechanically fixed programmed motions. The program is variable, but the sequence proceeds only by the binary signal from mechanically fixed electrical binary devices or adjustable stops;\n\n(e) Stacker cranes defined as Cartesian coordinate manipulator systems manufactured as an integral part of a vertical array of storage bins and designed to access the contents of those bins for storage or retrieval.\n\nRouted export transaction.  A transaction where the foreign principal party in interest authorizes a U.S. forwarding or other agent to facilitate export of items from the United States.\n\nRun-out.  (out-of-true running) (Cat 2)\u2014Radial displacement in one revolution of the main spindle measured in a plane perpendicular to the spindle axis at a point on the external or internal revolving surface to be tested (Ref.: ISO 230 Part 1-1986, paragraph 5.61).\n\nSHPL.  (Cat 6) is equivalent to \u201cSuper High Power Laser\u201d, see definition for \u201csuper high power laser.\u201d\n\nSNEC.  See Subgroup on Nuclear Export Coordination.\n\nSample rate.  (Cat 3) For an Analog-to-Digital Converter (ADC) the maximum number of samples that are measured at the analog input over a period of one second, except for oversampling ADCs. For oversampling ADCs the \u201csample rate\u201d is taken to be its output word rate. \u201cSample rate\u201d may also be referred to as sampling rate, usually specified in Mega Samples Per Second (MSPS) or Giga Samples Per Second (GSPS), or conversion rate, usually specified in Hertz (Hz).\n\nSatellite navigation system  (Cat 5P2, 7)\u2014A system consisting of ground stations, a constellation of satellites, and receivers, that enables receiver locations to be calculated on the basis of signals received from the satellites. It includes Global Navigation Satellite Systems (GNSS) and Regional Navigation Satellite Systems (RNSS).\n\nScale factor.  (gyro or accelerometer) (Cat 7)\u2014The ratio of change in output to a change in the input intended to be measured. Scale factor is generally evaluated as the slope of the straight line that can be fitted by the method of least squares to input-output data obtained by varying the input cyclically over the input range.\n\nSchedule B numbers.  The commodity numbers appearing in the current edition of the Bureau of the Census publication, Schedule B Statistical Classification of Domestic and Foreign Commodities Exported from the United States. (See part 758 of the EAR for information on use of Schedule B numbers.)\n\nShield.  Chaired by the Department of State, the Shield primarily reviews applications involving items controlled for Chemical and Biological Weapons (CBW) reasons. The Shield also reviews applications involving items not controlled for CBW reasons, but destined for a country and/or end-use/end-user of concern. See \u00a7 750.4 of the EAR.\n\nSignal analyzers.  (Cat 3)\u2014Apparatus capable of measuring and displaying basic properties of the single-frequency components of multi-frequency signals.\n\nSignal processing.  (Cat 3, 4, 5, and 6)\u2014The processing of externally derived information-bearing signals by algorithms such as time compression, filtering, extraction, selection, correlation, convolution or transformations between domains (e.g., fast Fourier transform or Walsh transform).\n\nSingle shipment.  All items moving at the same time from one exporter to one consignee or intermediate consignee on the same exporting carrier, even if these items will be forwarded to one or more ultimate consignees. Items being transported in this manner shall be treated as a single shipment even if the items represent more than one order or are in separate containers.\n\nSoftware.  (Cat: all)\u2014A collection of one or more \u201cprograms\u201d or \u201cmicroprograms\u201d fixed in any tangible medium of expression.\n\nSource code (or source language).  (Cat 1, 4, 5P2, 6, 7, and 9)\u2014A convenient expression of one or more processes that may be turned by a programming system into equipment executable form (\u201cobject code\u201d (or object language)).\n\n\u201cSpace-qualified\u201d.  (Cat 3, 6, and 7) Designed, manufactured, or qualified through successful testing, for operation at altitudes greater than 100 km above the surface of the Earth.\n\nA determination that a specific item is \u201cspace-qualified\u201d by virtue of testing does not mean that other items in the same production run or model series are \u201cspace-qualified\u201d if not individually tested.\n\nThe terms 'designed' and 'manufactured' in this definition are synonymous with \u201cspecially designed.\u201d Thus, for example, an item that is \u201cspecially designed\u201d for a spacecraft is deemed to be 'designed' or 'manufactured' for operation at altitudes greater than 100 km and an item that is not \u201cspecially designed\u201d for a spacecraft is not deemed to have been so 'designed' or 'manufactured.'\n\nSpacecraft.  (Cat 9)\u2014Active and passive satellites and space probes.\n\nSpacecraft bus.  (Cat 9) Equipment that provides the support infrastructure of the \u201cspacecraft\u201d and location for the \u201cspacecraft payload\u201d.\n\nSpacecraft payload.  (Cat 9) Equipment, attached to the \u201cspacecraft bus\u201d, designed to perform a mission in space ( e.g.,  communications, observation, science).\n\nSpecially Designated National (SDN).  Any person who is determined by the Secretary of the Treasury to be a specially designated national for any reason under regulations issued by the Office of Foreign Assets Control (see 31 CFR parts 500 through 590).\n\nSpecially Designated Terrorist (SDT).  Any person who is determined by the Secretary of the Treasury to be a specially designated terrorist under notices or regulations issued by the Office of Foreign Assets Control (see 31 CFR chapter V).\n\nSpecially designed.  When applying this definition, follow this sequential analysis set forth below. (For additional guidance on the order of review of \u201cspecially designed,\u201d including how the review of the term relates to the larger CCL, see supplement no. 4 to Part 774 of the EAR\u2014Commerce Control List Order of Review.)\n\n(a) Except for items described in (b), an \u201citem\u201d is \u201cspecially designed\u201d if it:\n\n(1) As a result of \u201cdevelopment\u201d has properties peculiarly responsible for achieving or exceeding the performance levels, characteristics, or functions in the relevant ECCN or U.S. Munitions List (USML) paragraph;  or\n\n(2) Is a \u201cpart,\u201d \u201ccomponent,\u201d \u201caccessory,\u201d \u201cattachment,\u201d or \u201csoftware\u201d for use in or with a commodity or defense article \u2018enumerated\u2019 or otherwise described on the CCL or the USML.\n\n(b) A \u201cpart,\u201d \u201ccomponent,\u201d \u201caccessory,\u201d \u201cattachment,\u201d or \u201csoftware\u201d that would be  controlled  by paragraph (a) is not \u201cspecially designed\u201d if it:\n\n(1) Has been identified to be in an ECCN paragraph that does not contain \u201cspecially designed\u201d as a control parameter or as an EAR99 item in a commodity jurisdiction (CJ) determination or interagency-cleared commodity classification (CCATS) pursuant to \u00a7 748.3(e);\n\n(2) Is, regardless of \u2018form\u2019 or \u2018fit,\u2019 a fastener (e.g., screw, bolt, nut, nut plate, stud, insert, clip, rivet, pin), washer, spacer, insulator, grommet, bushing, spring, wire, solder;\n\n(3) Has the same function, performance capabilities, and the same or \u2018equivalent\u2019 form and fit, as a commodity or software used in or with an item that:\n\n(i) Is or was in \u201cproduction\u201d ( i.e.,  not in \u201cdevelopment\u201d);  and\n\n(ii) Is either not \u2018enumerated\u2019 on the CCL or USML, or is described in an ECCN controlled only for Anti-Terrorism (AT) reasons;\n\n(4) Was or is being developed with \u201cknowledge\u201d that it would be for use in or with commodities or software (i) described in an ECCN  and  (ii) also commodities or software either not \u2018enumerated\u2019 on the CCL or the USML (e.g., EAR99 commodities or software) or commodities or software described in an ECCN controlled only for Anti-Terrorism (AT) reasons;\n\n(5) Was or is being developed as a general purpose commodity or software, i.e., with no \u201cknowledge\u201d for use in or with a particular commodity (e.g., an F/A-18 or HMMWV) or type of commodity (e.g., an aircraft or machine tool);  or\n\n(6) Was or is being developed with \u201cknowledge\u201d that it would be for use in or with commodities or software described (i) in an ECCN controlled for AT-only reasons and also EAR99 commodities or software; or (ii) exclusively for use in or with EAR99 commodities or software.\n\n\u2018Enumerated\u2019 refers to any item (i) on either the USML or CCL not controlled in a \u2018catch-all\u2019 paragraph and (ii) when on the CCL, controlled by an ECCN for more than Anti-Terrorism (AT) reasons only. An example of an \u2018enumerated\u2019 ECCN is 2A226, which controls valves with the following three characteristics: a \u201cnominal size\u201d of 5 mm or greater; having a bellows seal;  and  wholly made of or lined with aluminum, aluminum alloy, nickel, or nickel alloy containing more than 60% nickel by weight. The CCL also contains notes excluding from control \u201cparts\u201d and \u201ccomponents\u201d \u201cspecially designed\u201d for uncontrolled items. Such uncontrolled items are merely \u2018described\u2019 and are not \u2018enumerated.\u2019 Note 2 to ECCN 1A002 is an example of items excluded from control based on being \u201cspecially designed\u201d for a \u2018described\u2019 item. Commodities or software in an ECCN controlled only for AT reasons are other examples of items \u2018described\u2019 on the CCL. ECCN 2B996, which controls dimensional inspection or measuring systems or equipment not controlled by 2B006, is an example of a commodity \u2018described\u2019 in an ECCN controlled only for AT reasons. For purposes of \u201cspecially designed,\u201d ECCNs 0B505.c, 0B999, 0D999, 1B999, 1C992, 1C995, 1C997, 1C999, 3A991, 4A994, 5A992 (except for .z), 5D992 (except for .z), 6A998 (except for .b), and 9A991 are treated as ECCNs controlled exclusively for AT reasons.\n\nA \u2018catch-all\u2019 paragraph is one that does not refer to specific types of \u201cparts,\u201d \u201ccomponents,\u201d \u201caccessories,\u201d or \u201cattachments\u201d but rather controls non-specific \u201cparts,\u201d \u201ccomponents,\u201d \u201caccessories,\u201d or \u201cattachments\u201d because they were \u201cspecially designed\u201d for an enumerated item. For example, ECCN paragraph 9A610.x is a catch-all, because it controls \u201cparts,\u201d \u201ccomponents,\u201d \u201caccessories,\u201d and \u201cattachments\u201d \u201cspecially designed\u201d for military aircraft, but does not identify specific types of \u201cparts,\u201d \u201ccomponents,\u201d \u201caccessories,\u201d or \u201cattachments\u201d within its control. Another example of a \u2018catch-all\u2019 is the heading of 7A102, which controls \u201cspecially designed\u201d components for the gyros enumerated in 7A102, but does not identify the specific types of \u201ccomponents\u201d within its control.\n\nItems that as a result of \u201cdevelopment\u201d have properties peculiarly responsible for achieving or exceeding the performance levels, \u2018functions\u2019 or characteristics in a relevant ECCN paragraph may have properties shared by different products. For example, ECCN 1A007 controls equipment and devices, specially designed to initiate charges and devices containing energetic materials, by electrical means. An example of equipment not meeting the peculiarly responsible standard under paragraph (a)(1) is a garage door opener, that as a result of \u201cdevelopment\u201d has properties that enable the garage door opener to send an encoded signal to another piece of equipment to perform an action (i.e., the opening of a garage door). The garage door opener is not \u201cspecially designed\u201d for purposes of 1A007 because although the garage door opener could be used to send a signal by electrical means to charges or devices containing energetic materials, the garage door opener does not have properties peculiarly responsible for achieving or exceeding the performance levels, \u2018functions\u2019 or characteristics in 1A007. For example, the garage door opener is designed to only perform at a limited range and the level of encoding is not as advanced as the encoding usually required in equipment and devices used to initiate charges and devices containing energetic materials, by electrical means. Conversely, another piece of equipment that, as a result of \u201cdevelopment,\u201d has the properties (e.g., sending a signal at a longer range, having signals with advanced encoding to prevent interference, and having signals that are specific to detonating blasting caps) needed for equipment used to initiate charges and devices containing energetic materials, would be peculiarly responsible because the equipment has a direct and proximate causal relationship that is central or special for achieving or exceeding the performance levels, \u2018functions\u2019 or characteristics identified in 1A007.\n\nCommodities in \u201cproduction\u201d that are subsequently subject to \u201cdevelopment\u201d activities, such as those that would result in enhancements or improvements only in the reliability or maintainability of the commodity (e.g., an increased mean time between failure (MTBF)), including those pertaining to quality improvements, cost reductions, or feature enhancements, remain in \u201cproduction.\u201d However, any new models or versions of such commodities developed from such efforts that change the basic performance or capability of the commodity are in \u201cdevelopment\u201d until and unless they enter into \u201cproduction.\u201d\n\nWith respect to a commodity, \u2018equivalent\u2019 means that its form has been modified solely for \u2018fit\u2019 purposes.\n\nThe \u2018form\u2019 of a commodity is defined by its configuration (including the geometrically measured configuration), material, and material properties that uniquely characterize it. The \u2018fit\u2019 of a commodity is defined by its ability to physically interface or interconnect with or become an integral part of another item. The \u2018function\u2019 of the item is the action or actions it is designed to perform. \u2018Performance capability\u2019 is the measure of a commodity's effectiveness to perform a designated function in a given environment (e.g., measured in terms of speed, durability, reliability, pressure, accuracy, efficiency). For software, \u2018form\u2019 means the design, logic flow, and algorithms. \u2018Fit\u2019 means the ability to interface or connect with an item subject to the EAR. The \u2018function\u2019 means the action or actions it performs directly to an item subject to the EAR or as a stand-alone application. \u2018Performance capability\u2019 means the measure of software's effectiveness to perform a designated function.\n\nECCNs controlled for AT-only reasons that use \u201cspecially designed\u201d are eligible for paragraphs (b)(3) and (b)(4). However, the criteria for release under (b)(3) or (b)(4) must be met by another ECCN controlled for AT-only reasons or an EAR99 item in addition to the AT-only ECCN being reviewed for release from \u201cspecially designed.\u201d For example, if a single gasket is used in ECCN 9A990 tractors (9A990 includes a control on \u201cspecially designed\u201d \u201cparts\u201d) and also pick-up trucks designated as EAR99 that are in \u201cproduction\u201d, the single gasket would be released from \u201cspecially designed\u201d on the basis of paragraph (b)(3). Or if the single gasket is or was used in 9A990 tractors and also 9A991.b aircraft (another AT-only controlled ECCN), that are in \u201cproduction,\u201d the gasket would be released from \u201cspecially designed\u201d on the basis of paragraph (b)(3). Alternatively, if the single gasket is or was only used in ECCN 9A990 tractors that are in \u201cproduction,\u201d then paragraph (b)(3) would not be available. This same concept applies for paragraph (b)(4).\n\nFor a commodity or software to be not \u201cspecially designed\u201d on the basis of paragraphs (b)(4), (b)(5)  or  (b)(6), documents contemporaneous with its \u201cdevelopment,\u201d in their totality, must establish the elements of paragraphs (b)(4), (b)(5)  or  (b)(6). Such documents may include concept design information, marketing plans, declarations in patent applications, or contracts. Absent such documents, the \u201ccommodity\u201d may not be excluded from being \u201cspecially designed\u201d by paragraphs (b)(4), (b)(5)  or  (b)(6).\n\n\u201cSpecific modulus\u201d . (Cat 1)\u2014Young's modulus in pascals, equivalent to N/m\n 2 , divided by specific weight in N/m\n 3 , measured at a temperature of (296 \u00b12) K ((23 \u00b12) \u00b0C) and a relative humidity of (50 \u00b15)%.\n\n\u201cSpecific tensile strength\u201d . (Cat 1)\u2014Ultimate tensile strength in pascals, equivalent to N/m\n 2 , divided by specific weight in N/m\n 3 , measured at a temperature of (296 \u00b12) K ((23 \u00b12) \u00b0C) and relative humidity of (50 \u00b15)%.\n\nSpectral efficiency.  (Cat 5)\u2014A figure of merit parametrized to characterize the efficiency of transmission system that uses complex modulation schemes such as QAM (quadrature amplitude modulation), Trellis coding, QSPK (Q-phased shift key), etc. It is defined as follows:\n\nSpinning mass gyros.  (Cat 7) \u201cSpinning mass gyros\u201d are gyros which use a continually rotating mass to sense angular motion.\n\nSpread spectrum.  (Cat 5)\u2014The technique whereby energy in a relatively narrow-band communication channel is spread over a much wider energy spectrum.\n\nSpread spectrum radar.  (Cat 6)\u2014(see \u201cRadar spread spectrum\u201d)\n\nStability  (Cat 7) Standard deviation (1 sigma) of the variation of a particular parameter from its calibrated value measured under stable temperature conditions. This can be expressed as a function of time.\n\nFor gyroscopes and accelerometers, \u201cstability\u201d can be estimated by determining the Allan variance noise-analysis value at the integration period (i.e., sample time) consistent with the stated measurement period, which may include extrapolating the Allan variance noise analysis beyond the instability point into the rate/acceleration random walk or rate/acceleration ramp regions to an integration period consistent with the stated measurement period (Reference: IEEE Std. 952-1997 [R2008] or IEEE Std 1293-1998 [R2008]).\n\nStandards-related activity.  See \u00a7 734.10 of the EAR.\n\nSteady state mode.  (Cat 9) The term \u201csteady state mode\u201d defines engine operation conditions, where the engine parameters, such as thrust/power, rpm and others, have no appreciable fluctuations, when the ambient air temperature and pressure at the engine inlet are constant.\n\nStored program controlled.  (Cat 2, 3, and 5)\u2014A control using instructions stored in an electronic storage that a processor can execute in order to direct the performance of predetermined functions.\n\nEquipment may be \u201cstored program controlled\u201d whether the electronic storage is internal or external to the equipment.\n\nSubgroup on Nuclear Export Coordination (SNEC).  Chaired by the Department of State, the SNEC primarily reviews applications involving items controlled for nuclear nonproliferation (NP) reasons. The SNEC also reviews applications involving items not controlled for NP reasons, but destined for a country and/or end-use/end-user of NP concern.\n\nSubject to the EAR.  A term used in the EAR to describe those commodities, software, technology, and activities over which the Bureau of Industry and Security (BIS) exercises regulatory jurisdiction under the EAR (See \u00a7 734.2(a) of the EAR).\n\nSubject to the ITAR.  A term used in the EAR to describe those commodities, software, technology (e.g., technical data) and defense services over which the U.S. Department of State, Directorate of Defense Trade Controls (DDTC) exercises regulatory jurisdiction under the International Traffic in Arms Regulations (ITAR) (see 22 CFR parts 120 through 130).\n\n\u201c Sub-orbital craft \u201d. (Cat 9) A craft having an enclosure designed for the transport of people or cargo, which is designed to:\n\n(1) Operate above the stratosphere;\n\n(2) Perform a non-orbital trajectory;  and\n\n(3) Land back on Earth with the people or cargo intact.\n\nSubstrate.  (Cat 3)\u2014A sheet of base material with or without an interconnection pattern and on which or within which \u201cdiscrete components\u201d or integrated circuits or both can be located.\n\n\u201cDiscrete component\u201d: a separately packaged \u201ccircuit element\u201d with its own external connections.\n\nSubstrate blanks.  (Cat 3 and 6)\u2014Monolithic compounds with dimensions suitable for the production of optical elements such as mirrors or optical windows.\n\nSuper High Power Laser.  (SHPL) (Cat 6)\u2014A \u201claser\u201d capable of delivering (the total or any portion of) the output energy exceeding 1 kJ within 50 ms or having an average or CW power exceeding 20 kW.\n\nSuperalloy.  (Cat 2 and 9) Nickel, cobalt, or iron base alloys having a stress rupture life greater than 1,000 hours at 400 MPa and an ultimate tensile strength greater than 850 MPa, at 922 K (649 \u00b0C) or higher.\n\nSupercomputer.  (734, 744) A computing \u201csystem\u201d having a collective maximum theoretical compute capacity of 100 or more double-precision (64-bit) petaflops or 200 or more single-precision (32-bit) petaflops within a 41,600 ft\n 3  or smaller envelope.\n\nThe 41,600 ft\n 3  envelope corresponds, for example, to a 4x4x6.5 ft rack size and therefore 6,400 ft\n 2  of floor space. The envelope may include empty floor space between racks as well as adjacent floors for multi-floor systems.\n\nTypically, a 'supercomputer' is a high-performance multi-rack system having thousands of closely coupled compute cores connected in parallel with networking technology and having a high peak power capacity requiring cooling elements. They are used for computationally intensive tasks including scientific and engineering work. Supercomputers may include shared memory, distributed memory, or a combination of both.\n\nSuperconductive.  (Cat 1, 3, 5P1, 6, and 8)\u2014Materials, i.e., metals, alloys, or compounds that can lose all electrical resistance, i.e., that can attain infinite electrical conductivity and carry very large electrical currents without Joule heating.\n\nThe \u201csuperconductive\u201d state of a material is individually characterized by a \u201ccritical temperature\u201d, a critical magnetic field that is a function of temperature, and a critical current density that is a function of both magnetic field and temperature.\n\nSuperplastic forming.  (Cat 1 and 2)\u2014A deformation process using heat for metals that are normally characterized by low elongation (less than 20%) at the breaking point as determined at room temperature by conventional tensile strength testing, in order to achieve elongations during processing that are at least 2 times those values.\n\nSymmetric algorithm.  (Cat 5, Part II) A cryptographic algorithm using an identical key for both encryption and decryption. A common use of \u201csymmetric algorithms\u201d is confidentiality of data.\n\nSystem.  This is any combination of \u201cend items,\u201d \u201cequipment,\u201d \u201cparts,\u201d \u201ccomponents,\u201d \u201caccessories,\u201d \u201cattachments,\u201d firmware, or \u201csoftware\u201d that operate together to perform a function.\n\nThe industrial standards established by INCOSE and NASA provide examples for when commodities and software operate together to perform a function as a system. References to these standards are included in this note to provide additional examples for when commodities or software operate together to perform a function as a system. See the INCOSE standards for what constitutes a system at ( http://g2sebok.incose.org/app/mss/asset.cfm?ID=INCOSE%20G2SEBOK%202.00&ST=F ), and in the (INCOSE SE Handbook v3.1 2007; ISO/IEC 15288:2008). Also see the NASA standards for examples of what constitutes a system in the (NASA SE Handbook SP-2007-6105 Rev 1).\n\nTechnology.   Technology  means:\n\nInformation necessary for the \u201cdevelopment,\u201d \u201cproduction,\u201d \u201cuse,\u201d operation, installation, maintenance, repair, overhaul, or refurbishing (or other terms specified in ECCNs on the CCL that control \u201ctechnology\u201d) of an item.\n\nControlled \u201ctechnology\u201d is defined in the General Technology Note and in the Commerce Control List (supplement no. 1 to part 774 of the EAR).\n\n\u201cTechnology\u201d may be in any tangible or intangible form, such as written or oral communications, blueprints, drawings, photographs, plans, diagrams, models, formulae, tables, engineering designs and specifications, computer-aided design files, manuals or documentation, electronic media or information revealed through visual inspection;\n\nThe modification of the design of an existing item creates a new item and technology for the modified design is technology for the development or production of the new item.\n\nTerminal interface equipment.  (Cat 4)\u2014Equipment at which information enters or leaves the telecommunication systems, e.g., telephone, data device, computer, facsimile device.\n\n\u201c Three dimensional integrated circuit\u201d.  (Cat 3) A collection of semiconductor dies or active device layers, integrated together, and having through semiconductor via connections passing completely through an interposer, substrate, die or layer to establish interconnections between the device layers. An interposer is an interface that enables electrical connections.\n\nTilting spindle.  (Cat 2)\u2014A tool-handling spindle that alters, during the machining process, the angular position of its center line with respect to any other axis.\n\nTime constant.  (Cat 6)\u2014The time taken from the application of a light stimulus for the current increment to reach a value of 1-1/e times the final value (i.e., 63% of the final value).\n\n\u201cTip shroud\u201d (Cat 9)\u2014A stationary ring component (solid or segmented) attached to the inner surface of the engine turbine casing or a feature at the outer tip of the turbine blade, which primarily provides a gas seal between the stationary and rotating components.\n\nTotal control of flight.  (Cat 7) means an automated control of \u201caircraft\u201d state variables and flight path to meet mission objectives responding to real time changes in data regarding objectives, hazards or other \u201caircraft.\u201d\n\nTotal digital transfer rate.  (Cat 5)\u2014The number of bits, including line coding, overhead and so forth per unit time passing between corresponding equipment in a digital transmission system. (See also \u201cdigital transfer rate\u201d.)\n\nToxins.  (Cat 1 and 2) means toxins in the form of deliberately isolated preparations or mixtures, no matter how produced, other than toxins present as contaminants of other materials such as pathological specimens, crops, foodstuffs or seed stocks of \u201cmicroorganisms.\u201d\n\nTransfer.  A shipment, transmission, or release of items subject to the EAR either within the United States or outside the United States. For  In-country transfer/Transfer (in-country) , see \u00a7 734.16 of the EAR.\n\nThis definition of \u201ctransfer\u201d does not apply to \u00a7 750.10 of the EAR or Supplement No. 8 to part 760 of the EAR. The term \u201ctransfer\u201d may also be included on licenses issued by BIS. In that regard, the changes that can be made to a BIS license are the non-material changes described in \u00a7 750.7(c) of the EAR. Any other change to a BIS license without authorization is a violation of the EAR. See \u00a7\u00a7 750.7(c) and 764.2(e) of the EAR.\n\nTunable.  (Cat 6)\u2014The ability of a \u201claser\u201d to produce a continuous output at all wavelengths over a range of several \u201claser\u201d transitions. A line selectable \u201claser\u201d produces discrete wavelengths within one \u201claser\u201d transition and is not considered \u201ctunable\u201d.\n\nU.S. Person.  (a) For purposes of \u00a7\u00a7 732.3(j), 736.2(b)(7), 740.21(e)(1), 744.6, 744.10, 744.11, 744.12, 744.13, 744.14, and 745.2(a)(1) of the EAR, the term U.S. person includes:\n\n(1) Any individual who is a citizen of the United States, a permanent resident alien of the United States, or a protected individual as defined by 8 U.S.C. 1324b(a)(3);\n\n(2) Any juridical person organized under the laws of the United States or any jurisdiction within the United States, including foreign branches; and\n\n(3) Any person in the United States.\n\n(b) See also \u00a7\u00a7 740.9, 740.14, and 740.21(f)(2) and parts 746 and 760 of the EAR for definitions of \u201cU.S. person\u201d that are specific to those sections and parts.\n\nU.S. subsidiary.  As applied to encryption items, means\n\n(a) A foreign branch of a U.S. company; or\n\n(b) A foreign subsidiary or entity of a U.S. entity in which:\n\n(1) The U.S. entity beneficially owns or controls (whether directly or indirectly) 25 percent or more of the voting securities of the foreign subsidiary or entity, if no other persons owns or controls (whether directly or indirectly) an equal or larger percentage; or\n\n(2) The foreign entity is operated by the U.S. entity pursuant to the provisions of an exclusive management contract; or\n\n(3) A majority of the members of the board of directors of the foreign subsidiary or entity also are members of the comparable governing body of the U.S. entity; or\n\n(4) The U.S. entity has the authority to appoint the majority of the members of the board of directors of the foreign subsidiary or entity; or\n\n(5) The U.S. entity has the authority to appoint the chief operating officer of the foreign subsidiary or entity.\n\nUltimate consignee.  The principal party in interest located abroad who receives the exported or reexported items. The ultimate consignee is not a forwarding agent or other intermediary, but may be the end-user.\n\nUnidirectional positioning repeatability.  (Cat 2) The smaller of values R\u2191 and R\u2193 (forward and backward), as defined by 3.21 of ISO 230-2:2014 or national equivalents, of an individual machine tool axis.\n\nUnited Kingdom (or UK) airline.  Any citizen of the United Kingdom who is authorized by the Government of the United Kingdom to engage in business as an airline. For purposes of this definition, a United Kingdom citizen is:\n\n(1) A natural person who is a citizen of the United Kingdom; or\n\n(2) A partnership of which each member is such an individual; or\n\n(3) A United Kingdom firm incorporated or otherwise organized under the laws of the United Kingdom or any country or territory that comprises the United Kingdom, having a total foreign stock interest not greater than 40 percent, and having the Chairman or Acting Chairman and at least two-thirds of the Directors thereof United Kingdom citizens.\n\nUnited States.  Unless otherwise stated, the 50 States, including offshore areas within their jurisdiction pursuant to section 3 of the Submerged Lands Act (43 U.S.C. 1311), the District of Columbia, Puerto Rico, and all territories, dependencies, and possessions of the United States, including foreign trade zones established pursuant to 19 U.S.C. 81A-81U, and also including the outer continental shelf, as defined in section 2(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1331(a)).\n\nUnited States airline.  Any citizen of the United States who is authorized by the U.S. Government to engage in business as an airline. For purposes of this definition, a U.S. citizen is:\n\n(a) An individual who is a citizen of the United States or one of its possessions; or\n\n(b) A partnership of which each member is such an individual; or\n\n(c) A corporation or association created or organized under the laws of the United States, or of any State, Territory, or possession of the United States, of which the president and two-thirds of the board of directors and other managing officers thereof are such individuals and in which at least 75 percent of the voting interest is owned or controlled by persons who are citizens of the United States or of one of its possessions.\n\n\u201c Unmanned aerial vehicle\u201d (\u201cUAV\u201d).  (Cat 9) Any \u201caircraft\u201d capable of initiating flight and sustaining controlled flight and navigation without any human presence on board.\n\nFor the purposes of \u00a7 744.3 of the EAR, unmanned air vehicles, which are the same as \u201cunmanned aerial vehicles,\u201d include, but are not limited to, cruise missiles, target drones and reconnaissance drones.\n\n\u201cUsable in\u201d, \u201cusable for\u201d, \u201cusable as\u201d or \u201cCapable of\u201d.  (MTCR context)\u2014Equipment, parts, components, materials or \u201csoftware\u201d which are suitable for a particular purpose. There is no need for the equipment, parts, components, materials or \u201csoftware\u201d to have been configured, modified or specified for the particular purpose. For example, any military specification memory circuit would be \u201ccapable of\u201d operation in a guidance system.\n\nUse.  (All categories and General Technology Note)\u2014Operation, installation (including on-site installation), maintenance (checking), repair, overhaul and refurbishing.\n\nIf an ECCN specifies one or more of the six elements of \u201cuse\u201d in the heading or control text, only those elements specified are classified under that ECCN.\n\nUser-accessible programmability.  (Cat 6)\u2014The facility allowing a user to insert, modify, or replace \u201cprograms\u201d by means other than:\n\n(a) A physical change in wiring or interconnections; or\n\n(b) The setting of function controls including entry of parameters.\n\nUtilization facility.  (a) As defined by 10 CFR 110.2 of the Nuclear Regulatory Commission Regulations, utilization facility means a nuclear reactor, other than one that is a production facility, any of the following major components of a nuclear reactor: Pressure vessels designed to contain the core of a nuclear reactor, other than one that is a production facility, and the following major components of a nuclear reactor:\n\n(1) Primary coolant pumps;\n\n(2) Fuel charging or discharging machines; and\n\n(3) Control rods.\n\n(b) Utilization facility does not include the steam turbine generator portion of a nuclear power plant.\n\nVacuum electronic devices  (Cat 3) Electronic devices based on the interaction of an electron beam with an electromagnetic wave propagating in a vacuum circuit or interacting with radio-frequency vacuum cavity resonators. \u201cVacuum electronic devices\u201d include klystrons, travelling-wave tubes, and their derivatives.\n\nVector Rate.  (Cat 4)\u2014See: \u201cTwo dimensional Vector Rate\u201d; \u201cThree dimensional Vector Rate\u201d.\n\nVulnerability disclosure.  (\u00a7 740.22, Cat 4) means the process of identifying, reporting, or communicating a vulnerability to, or analyzing a vulnerability with, individuals or organizations responsible for conducting or coordinating remediation for the purpose of resolving the vulnerability.\n\nYou.  Any person, including a natural person, including a citizen of the United States or any foreign country; any firm; any government, government agency, government department, or government commission; any labor union; any fraternal or social organization; and any other association or organization whether or not organized for profit."], ["7:7:7.1.1.4.23.0.9.1", 7, "Agriculture", "VII", "D", "772", "PART 772\u2014SERVICING MINOR PROGRAM LOANS", "", "", "", "\u00a7 772.1 Policy.", "FSA", "", "", "", "(a)  Purpose.  This part contains the Agency's policies and procedures for servicing Minor Program loans which include: Grazing Association loans, Irrigation and Drainage Association loans, and Non-Farm Enterprise and Recreation loans to individuals.\n\n(b)  Appeals.  The regulations at 7 CFR parts 11 and 780 apply to decisions made under this part."], ["7:7:7.1.1.4.23.0.9.10", 7, "Agriculture", "VII", "D", "772", "PART 772\u2014SERVICING MINOR PROGRAM LOANS", "", "", "", "\u00a7 772.10 Transfer and assumption\u2014AMP loans.", "FSA", "", "", "", "(a)  Eligibility.  The Agency may approve transfers and assumptions of AMP loans when:\n\n(1) The present borrower is unable or unwilling to accomplish the objectives of the loan;\n\n(2) The transfer will not harm the Government or adversely affect the Agency's security position;\n\n(3) The transferee will continue with the original purpose of the loan;\n\n(4) The transferee will assume an amount at least equal to the present market value of the loan security;\n\n(5) The transferee documents the ability to pay the AMP loan debt as provided in the assumption agreement and has the legal capacity to enter into the contract;\n\n(6) If there is a lien or judgment against the Agency security being transferred, the transferee is subject to such claims. The transferee must document the ability to repay the claims against the land; and\n\n(7) If the transfer is to one or more members of the borrower's organization and there is no new member, there must not be a loss to the Government.\n\n(b)  Withdrawal.  Withdrawal of a member and transfer of the withdrawing member's interest in the Association to a new eligible member may be approved by the Agency if all of the following conditions are met:\n\n(1) The entire unpaid balance of the withdrawing member's share of the AMP loan must be assumed by the new member;\n\n(2) In accordance with the Association's governing articles, the required number of remaining members must agree to accept any new member; and\n\n(3) The transfer will not adversely affect collection of the AMP loan.\n\n(c)  Requesting a transfer and assumption.  The transferor/borrower and transferee/applicant must submit:\n\n(1) The written consent of any other lienholder, if applicable.\n\n(2) A current balance sheet and cash flow statement.\n\n(d)  Terms.  The interest rate and term of the assumed AMP loan will not be changed. Any delinquent principal and interest of the AMP loan must be paid current before the transfer and assumption will be approved by the Agency.\n\n(e)  Release of liability.  Transferors may be released from liability with respect to an AMP loan by the Agency when:\n\n(1) The full amount of the loan is assumed; or\n\n(2) Less than the full amount of the debt is assumed, and the balance remaining will be serviced in accordance with \u00a7 772.9(c)."], ["7:7:7.1.1.4.23.0.9.11", 7, "Agriculture", "VII", "D", "772", "PART 772\u2014SERVICING MINOR PROGRAM LOANS", "", "", "", "\u00a7 772.11 Transfer and assumption\u2014IMP loans.", "FSA", "", "", "[68 FR 69949, Dec. 16, 2003, as amended at 72 FR 64121, Nov. 15, 2007]", "Transfers and assumptions for IMP loans are processed in accordance with 7 CFR part 765. Any remaining transferor liability will be serviced in accordance with \u00a7 772.9(c) of this subpart."], ["7:7:7.1.1.4.23.0.9.12", 7, "Agriculture", "VII", "D", "772", "PART 772\u2014SERVICING MINOR PROGRAM LOANS", "", "", "", "\u00a7 772.12 Graduation.", "FSA", "", "", "[68 FR 69949, Dec. 16, 2003, as amended at 72 FR 64121, Nov. 15, 2007]", "(a)  General.  This section only applies to Minor Program borrowers with promissory notes which contain provisions requiring graduation.\n\n(b)  Graduation reviews.  Borrowers shall provide current financial information when requested by the Agency or its representatives to conduct graduation reviews.\n\n(1) AMP loans shall be reviewed at least every two years. In the year to be reviewed, each borrower must submit, at a minimum, a year-end balance sheet and cash flow projection for the current year.\n\n(2) All IMP borrowers classified as \u201ccommercial\u201d or \u201cstandard\u201d by the agency must be reviewed at least every 2 years. In the year to be reviewed, each borrower must submit a year-end balance sheet, actual financial performance for the most recent year, and a projected budget for the current year.\n\n(c)  Criteria.  Borrowers must graduate from the Minor Programs as follows:\n\n(1) Borrowers with IMP loans that are classified as \u201ccommercial\u201d or \u201cstandard\u201d must apply for private financing within 30 days from the date the borrower is notified of lender interest, if an application is required by the lender. For good cause, the Agency may grant the borrower a reasonable amount of additional time to apply for refinancing.\n\n(2) Borrowers with AMP loans will be considered for graduation at least every two years or more frequently if the Agency determines that the borrower's financial condition has significantly improved."], ["7:7:7.1.1.4.23.0.9.13", 7, "Agriculture", "VII", "D", "772", "PART 772\u2014SERVICING MINOR PROGRAM LOANS", "", "", "", "\u00a7 772.13 Delinquent account servicing.", "FSA", "", "", "[85 FR 36713, June 17, 2020]", "(a)  AMP loans.  If the borrower does not make arrangements to cure the default after notice by the Agency and is not eligible for reamortization in accordance with \u00a7 772.14, the Agency will liquidate the account in accordance with \u00a7 772.16. Delinquent AMP loans will be serviced in accordance with part 761, subpart F of this chapter and part 3 of this title.\n\n(b)  IMP loans.  Delinquent IMP loans will be serviced in accordance with part 761, subpart F of this chapter and part 3 of this title."], ["7:7:7.1.1.4.23.0.9.14", 7, "Agriculture", "VII", "D", "772", "PART 772\u2014SERVICING MINOR PROGRAM LOANS", "", "", "", "\u00a7 772.14 Reamortization of AMP loans.", "FSA", "", "", "", "The Agency may approve reamortization of AMP loans provided:\n\n(a) There is no extension of the final maturity date of the loan;\n\n(b) No intervening lien exists on the security for the loan which would jeopardize the Government's security position;\n\n(c) If the account is delinquent, it cannot be brought current within one year and the borrower has presented a cash flow budget which demonstrates the ability to meet the proposed new payment schedule; and\n\n(d) If the account is current, the borrower will be unable to meet the annual loan payments due to circumstances beyond the borrower's control."], ["7:7:7.1.1.4.23.0.9.15", 7, "Agriculture", "VII", "D", "772", "PART 772\u2014SERVICING MINOR PROGRAM LOANS", "", "", "", "\u00a7 772.15 Protective advances.", "FSA", "", "", "", "(a) The Agency may approve, without regard to any loan or total indebtedness limitation, vouchers to pay costs, including insurance and real estate taxes, to preserve and protect the security, the lien, or the priority of the lien securing the debt owed to the Agency if the debt instrument provides that the Agency may voucher the account to protect its lien or security.\n\n(b) The Agency may pay protective advances only when it determines it to be in the Government's best financial interest.\n\n(c) Protective advances are immediately due and payable."], ["7:7:7.1.1.4.23.0.9.16", 7, "Agriculture", "VII", "D", "772", "PART 772\u2014SERVICING MINOR PROGRAM LOANS", "", "", "", "\u00a7 772.16 Liquidation.", "FSA", "", "", "[68 FR 69949, Dec. 16, 2003, as amended at 72 FR 64121, Nov. 15, 2007]", "When the Agency determines that continued servicing will not accomplish the objectives of the loan and the delinquency or financial distress cannot be cured by the options in \u00a7 772.13, or the loan is in non-monetary default, the borrower will be encouraged to dispose of the Agency security voluntarily through sale or transfer and assumption in accordance with this part. If such a transfer or voluntary sale is not carried out, the loan will be liquidated according to 7 CFR part 766. For AMP loans, appeal rights under 7 CFR part 11 are provided in the notice of acceleration. For IMP loans, appeal rights must be exhausted before acceleration, and the notice of acceleration is not appealable."], ["7:7:7.1.1.4.23.0.9.17", 7, "Agriculture", "VII", "D", "772", "PART 772\u2014SERVICING MINOR PROGRAM LOANS", "", "", "", "\u00a7 772.17 Equal opportunity and non-discrimination requirements.", "FSA", "", "", "[72 FR 64121, Nov. 15, 2007]", "With respect to any aspect of a credit transaction, the Agency will comply with the requirements of the Equal Credit Opportunity Act and the Department's civil rights policy in 7 CFR part 15d."], ["7:7:7.1.1.4.23.0.9.18", 7, "Agriculture", "VII", "D", "772", "PART 772\u2014SERVICING MINOR PROGRAM LOANS", "", "", "", "\u00a7 772.18 Exception authority.", "FSA", "", "", "", "Exceptions to any requirement in this subpart can be approved in individual cases by the Administrator if application of any requirement or failure to take action would adversely affect the Government's financial interest. Any exception must be consistent with the authorizing statute and other applicable laws."], ["7:7:7.1.1.4.23.0.9.2", 7, "Agriculture", "VII", "D", "772", "PART 772\u2014SERVICING MINOR PROGRAM LOANS", "", "", "", "\u00a7 772.2 Abbreviations and Definitions.", "FSA", "", "", "", "(a)  Abbreviations.\n\nAMP  Association-Type Minor Program loan; \n \n CFR  Code of Federal Regulations; \n \n FO  Farm Ownership Loan; \n \n FSA  Farm Service Agency; \n \n IMP  Individual-Type Minor Program loan; \n \n OL  Operating Loan; \n \n USDA  United States Department of Agriculture.\n\nAMP  Association-Type Minor Program loan;\n\nCFR  Code of Federal Regulations;\n\nFO  Farm Ownership Loan;\n\nFSA  Farm Service Agency;\n\nIMP  Individual-Type Minor Program loan;\n\nOL  Operating Loan;\n\nUSDA  United States Department of Agriculture.\n\n(b)  Definitions.\n\nAssociation-Type Minor Program loans (AMP):  Loans to Grazing Associations and Irrigation and Drainage Associations.\n\nEntity:  Cooperative, corporation, partnership, joint operation, trust, or limited liability company.\n\nGraduation:  The requirement contained in loan documents that borrowers pay their FSA loan in full with funds received from a commercial lending source as a result of improvement in their financial condition.\n\nIndividual-type Minor Program loans (IMP):  Non-Farm Enterprise or Recreation loans to individuals.\n\nMember:  Any individual who has an ownership interest in the entity which has received the Minor Program loan.\n\nMinor Program:  Non-Farm Enterprise, Individual Recreation, Grazing Association, or Irrigation and Drainage loan programs administered or to be administered by FSA\n\nReview official:  An agency employee, contractor or designee who is authorized to conduct a compliance review of a Minor Program borrower under this part."], ["7:7:7.1.1.4.23.0.9.3", 7, "Agriculture", "VII", "D", "772", "PART 772\u2014SERVICING MINOR PROGRAM LOANS", "", "", "", "\u00a7 772.3 Compliance.", "FSA", "", "", "", "(a)  Requirements.  No Minor Program borrower shall directly, or through contractual or other arrangement, subject any person or cause any person to be subjected to discrimination on the basis of race, color, national origin, or disability. Borrowers must comply with all applicable Federal laws and regulations regarding equal opportunity in hiring, procurement, and related matters. AMP borrowers are subject to the nondiscrimination provisions applicable to Federally assisted programs contained in 7 CFR part 15, subparts A and C, and part 15b. IMP loans are subject to the nondiscrimination provisions applicable to federally conducted programs contained in 7 CFR parts 15d and 15e.\n\n(b)  Reviews.  In accordance with Title VI of the Civil Rights Act of 1964, the Agency will conduct a compliance review of all Minor Program borrowers, to determine if a borrower has directly, or through contractual or other arrangement, subjected any person or caused any person to be subjected to discrimination on the basis of race, color, or national origin. The borrower must allow the review official access to their premises and all records necessary to carry out the compliance review as determined by the review official.\n\n(c)  Frequency and timing.  Compliance reviews will be conducted no later than October 31 of every third year until the Minor Program loan is paid in full or otherwise satisfied.\n\n(d)  Violations.  If a borrower refuses to provide information or access to their premises as requested by a review official during a compliance review, or is determined by the Agency to be not in compliance in accordance with this section or Departmental regulations and procedures, the Agency will service the loan in accordance with the provisions of \u00a7 772.16 of this part."], ["7:7:7.1.1.4.23.0.9.4", 7, "Agriculture", "VII", "D", "772", "PART 772\u2014SERVICING MINOR PROGRAM LOANS", "", "", "", "\u00a7 772.4 Environmental requirements.", "FSA", "", "", "[68 FR 69949, Dec. 16, 2003, as amended at 81 FR 51285, Aug. 3, 2016]", "Servicing activities such as transfers, assumptions, subordinations, sale or exchange of security property, and leasing of security will be reviewed for compliance with 7 CFR part 799."], ["7:7:7.1.1.4.23.0.9.5", 7, "Agriculture", "VII", "D", "772", "PART 772\u2014SERVICING MINOR PROGRAM LOANS", "", "", "", "\u00a7 772.5 Security maintenance.", "FSA", "", "", "[68 FR 69949, Dec. 16, 2003, as amended at 78 FR 65541, Nov. 1, 2013]", "(a)  General.  Borrowers are responsible for maintaining the collateral that is serving as security for their Minor Program loan in accordance with their lien instruments, security agreement and promissory note.\n\n(b)  Security inspection.  The Agency will inspect real estate that is security for a Minor Program loan at least once every 3 years, and chattel security at least annually. More frequent security inspections may be made as determined necessary by the Agency. Borrowers will allow representatives of the Agency, or any agency of the U.S. Government, in accordance with statutes and regulations, such access to the security property as the agency determines is necessary to document compliance with the requirements of this section.\n\n(c)  Violations.  If the Agency determines that the borrower has failed to adequately maintain security, made unapproved dispositions of security, or otherwise has placed the repayment of the Minor Program loan in jeopardy, the Agency will:\n\n(1) For chattel security, service the account according to part 765 of this chapter. If any normal income security as defined in that subpart secures a Minor Program loan, the reporting, approval and release provisions in that subpart shall apply.\n\n(2) For real estate security for AMP loans, contact the Regional Office of General Counsel for advice on the appropriate servicing including liquidation if warranted.\n\n(3) For real estate security for IMP loans, service the account according to part 765 of this chapter."], ["7:7:7.1.1.4.23.0.9.6", 7, "Agriculture", "VII", "D", "772", "PART 772\u2014SERVICING MINOR PROGRAM LOANS", "", "", "", "\u00a7 772.6 Subordination of security.", "FSA", "", "", "[68 FR 69949, Dec. 16, 2003, as amended at 81 FR 51285, Aug. 3, 2016]", "(a)  Eligibility.  The Agency shall grant a subordination of Minor Program loan security when the transaction will further the purposes for which the loan was made, and all of the following are met:\n\n(1) The loan will still be adequately secured after the subordination, or the value of the loan security will be increased by the amount of advances to be made under the terms of the subordination.\n\n(2) The borrower can document the ability to pay all debts including the new loan.\n\n(3) The action does not change the nature of the borrower's activities to the extent that they would no longer be eligible for a Minor Program loan.\n\n(4) The subordination is for a specific amount.\n\n(5) The borrower is unable, as determined by the Agency, to refinance its loan and graduate in accordance with this subpart.\n\n(6) The loan funds will not be used in such a way that will contribute to erosion of highly erodible land or conversion of wetlands for the production of an agricultural commodity according to part 799 of this chapter.\n\n(7) The borrower has not been convicted of planting, cultivating, growing, producing, harvesting or storing a controlled substance under Federal or state law. \u201cBorrower,\u201d for purposes of this subparagraph, specifically includes an individual or entity borrower and any member of an entity borrower. \u201cControlled substance,\u201d for the purpose of this subparagraph, is defined at 21 CFR part 1308. The borrower will be ineligible for a subordination for the crop year in which the conviction occurred and the four succeeding crop years. An applicant must attest on the Agency application form that it, and its members if an entity, have not been convicted of such a crime.\n\n(b)  Application.  To request a subordination, a Minor Program borrower must make the request in writing and provide the following:\n\n(1) The specific amount of debt for which a subordination is needed;\n\n(2) An appraisal prepared in accordance with \u00a7 761.7 of this chapter, if the request is for a subordination of more than $10,000, unless a sufficient appraisal report, as determined by the Agency, that is less than one year old, is on file with the Agency; and\n\n(3) Consent and subordination, as necessary, of all other creditors' security interests."], ["7:7:7.1.1.4.23.0.9.7", 7, "Agriculture", "VII", "D", "772", "PART 772\u2014SERVICING MINOR PROGRAM LOANS", "", "", "", "\u00a7 772.7 Leasing minor program loan security.", "FSA", "", "", "", "(a)  Eligibility.  The Agency may consent to the borrower leasing all or a portion of security property for Minor Program loans to a third party when:\n\n(1) Leasing is the only feasible way to continue to operate the enterprise and is a customary practice;\n\n(2) The lease will not interfere with the purpose for which the loan was made;\n\n(3) The borrower retains ultimate responsibility for the operation, maintenance and management of the facility or service for its continued availability and use at reasonable rates and terms;\n\n(4) The lease prohibits amendments to the lease or subleasing arrangements without prior written approval from the Agency;\n\n(5) The lease terms provide that the Agency is a lienholder on the subject property and, as such, the lease is subordinate to the rights and claims of the Agency as lienholder; and\n\n(6) The lease is for less than 3 years and does not constitute a lease/purchase arrangement, unless the transfer and assumption provisions of this subpart are met.\n\n(b)  Application.  The borrower must submit a written request for Agency consent to lease the property."], ["7:7:7.1.1.4.23.0.9.8", 7, "Agriculture", "VII", "D", "772", "PART 772\u2014SERVICING MINOR PROGRAM LOANS", "", "", "", "\u00a7 772.8 Sale or exchange of security property.", "FSA", "", "", "[68 FR 69949, Dec. 16, 2003, as amended at 69 FR 18741, Apr. 8, 2004; 78 FR 65533, Nov. 1, 2013]", "(a) For AMP loans.\n\n(1) Sale of all or a portion of the security property may be approved when all of the following conditions are met:\n\n(i) The property is sold for market value based on a current appraisal prepared in accordance with \u00a7 761.7 of this chapter.\n\n(ii) The sale will not prevent carrying out the original purpose of the loan. The borrower must execute an Assurance Agreement as prescribed by the Agency. The covenant involved will remain in effect as long as the property continues to be used for the same or similar purposes for which the loan was made. The instrument of conveyance will contain the following nondiscrimination covenant:\n\nThe property described herein was obtained or improved with Federal financial assistance and is subject to the non-discrimination provisions of title VI of the Civil Rights Act of 1964, title IX of the Education Amendments of 1972, section 504 of the Rehabilitation Act of 1973, and other similarly worded Federal statutes, and the regulations issued pursuant thereto that prohibit discrimination on the basis of race, color, national origin, handicap, religion, age, or sex in programs or activities receiving Federal financial assistance. Such provisions apply for as long as the property continues to be used for the same or similar purposes for which the Federal assistance was extended, or for so long as the purchaser owns it, whichever is later.\n\nThe property described herein was obtained or improved with Federal financial assistance and is subject to the non-discrimination provisions of title VI of the Civil Rights Act of 1964, title IX of the Education Amendments of 1972, section 504 of the Rehabilitation Act of 1973, and other similarly worded Federal statutes, and the regulations issued pursuant thereto that prohibit discrimination on the basis of race, color, national origin, handicap, religion, age, or sex in programs or activities receiving Federal financial assistance. Such provisions apply for as long as the property continues to be used for the same or similar purposes for which the Federal assistance was extended, or for so long as the purchaser owns it, whichever is later.\n\n(iii) The remaining security for the loan is adequate or will not change after the transaction.\n\n(iv) Sale proceeds remaining after paying any reasonable and necessary selling expenses are applied to the Minor Program loan according to lien priority.\n\n(2) Exchange of all or a portion of security property for an AMP loan may be approved when:\n\n(i) The Agency will obtain a lien on the property acquired in the exchange;\n\n(ii) Property more suited to the borrower's needs related to the purposes of the loan is to be acquired in the exchange;\n\n(iii) The AMP loan will be as adequately secured after the transaction as before; and\n\n(iv) It is necessary to develop or enlarge the facility, improve the borrower's debt-paying ability, place the operation on a more sound financial basis or otherwise further the loan objectives and purposes, as determined by the Agency.\n\n(b) For IMP loans, a sale or exchange of real estate or chattel that is serving as security must be done as specified in part 765 of this chapter."], ["7:7:7.1.1.4.23.0.9.9", 7, "Agriculture", "VII", "D", "772", "PART 772\u2014SERVICING MINOR PROGRAM LOANS", "", "", "", "\u00a7 772.9 Releases.", "FSA", "", "", "[68 FR 69949, Dec. 16, 2003, as amended at 69 FR 7679, Feb. 19, 2004; 72 FR 64121, Nov. 15, 2007; 85 FR 36713, June 17, 2020]", "(a)  Security.  Minor Program liens may be released when:\n\n(1) The debt is paid in full;\n\n(2) Security property is sold for market value and sale proceeds are received and applied to the borrower's creditors according to lien priority; or\n\n(3) An exchange in accordance with \u00a7 772.8 has been concluded.\n\n(b)  Borrower liability.  The Agency may release a borrower from liability when the Minor Program loan, plus all administrative collection costs and charges are paid in full. IMP borrowers who have had previous debt forgiveness on a farm loan program loan as defined in 7 CFR part 761, however, cannot be released from liability by FSA until the previous loss to the Agency has been repaid with interest from the date of debt forgiveness. An AMP borrower may also be released in accordance with \u00a7 772.10 in conjunction with a transfer and assumption.\n\n(c)  Servicing of debt not satisfied through liquidation.  Balances remaining after the sale or liquidation of the security will be serviced in accordance with part 761, subpart F of this chapter and part 3 of this title."]], "truncated": false, "filtered_table_rows_count": 19, "expanded_columns": [], "expandable_columns": [], "columns": ["section_id", "title_number", "title_name", "chapter", "subchapter", "part_number", "part_name", "subpart", "subpart_name", "section_number", "section_heading", "agency", "authority", "source_citation", "amendment_citations", "full_text"], "primary_keys": ["section_id"], "units": {}, "query": {"sql": "select section_id, title_number, title_name, chapter, subchapter, part_number, part_name, subpart, subpart_name, section_number, section_heading, agency, authority, source_citation, amendment_citations, full_text from cfr_sections where \"part_number\" = :p0 order by section_id limit 101", "params": {"p0": "772"}}, "facet_results": {"title_number": {"name": "title_number", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=772", "results": [{"value": 7, "label": 7, "count": 18, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=772&title_number=7", "selected": false}, {"value": 15, "label": 15, "count": 1, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=772&title_number=15", "selected": false}], "truncated": false}, "agency": {"name": "agency", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=772", "results": [{"value": "FSA", "label": "FSA", "count": 18, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=772&agency=FSA", "selected": false}, {"value": "BIS", "label": "BIS", "count": 1, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=772&agency=BIS", "selected": false}], "truncated": false}, "part_number": {"name": "part_number", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=772", "results": [{"value": "772", "label": "772", "count": 19, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json", "selected": true}], "truncated": false}}, "suggested_facets": [{"name": "title_name", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=772&_facet=title_name"}, {"name": "subchapter", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=772&_facet=subchapter"}, {"name": "part_name", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=772&_facet=part_name"}, {"name": "amendment_citations", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=772&_facet=amendment_citations"}], "next": null, "next_url": null, "private": false, "allow_execute_sql": true, "query_ms": 10.369610041379929, "source": "Federal Register API & Regulations.gov API", "source_url": "https://www.federalregister.gov/developers/api/v1", "license": "Public Domain (U.S. Government data)", "license_url": "https://www.regulations.gov/faq"}