Regulatory intelligence for US exporters

Census Updates AES to Reflect Chip-Related License Exception

The Census Bureau this week alerted export filers about a name change to a license code in the Automated Export System that reflects a new semiconductor-related export license exception introduced by the Bureau of Industry and Security earlier this year. The AES change revises the name of License Code C68 to “Advanced Computing Authorized (ACA) (NO notification required),” according to an Aug. 21 email from Census and a CBP CSMS message.

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The change stems from a rule BIS issued in April that corrected portions of its China-related chip controls (see 2404010020). That rule separated License Exception Notified Advanced Computing (NAC) -- the exception created by BIS last year for certain exports of semiconductors that fall just below the agency’s control parameters (see 2401030053) -- into separate license exceptions. NAC authorizes certain chip shipments that require the exporter to submit a notification to BIS, and the new license exception created in April, License Exception ACA, authorizes certain exports that don’t require a notification to BIS.

Census had introduced new license codes in March for License Exception NAC (see 2403250016) and is now revising one of the codes -- C68 -- to reflect the BIS addition of License Exception ACA. Census said export filers must follow “new reporting when using C68 (ACA) (No notification required) to prevent the return of fatal errors from AES.” The CSMS message lists several conditions for using the code, which it said applies to Export Control Classification Numbers 3A090, 4A090, 3A001, 4A003, 4A004, 4A005, 5A002, 5A004, 5A992, 5D002 and 5D992.

Questions about the AES changes should be directed to BIS, the CSMS message said.