Scope of the General Technology Note in the Export Administration Regulations

Kevin Wolf at Akin Gump brings to our attention "a reminder re the scope of the GTN and how to read all technology ECCNs on the CCL (i.e., with a "required" limiter)."

In an advisory opinion published March 25, 2014, Eileen Albanese,  then Acting Director, Office of Exporter Services, now Director of the Office of National Security and Technology Transfer Controls Bureau, writes:

Scope of the General Technology Note in the Export Administration Regulations

 This is in response to your October 15, 2013 request for an Advisory Opinion confirming your understanding that the General Technology Note (GTN)¹ and the defined term "required,"² which is used in the GTN, apply to all Export Control Classification Numbers (ECCNs)3 controlling "technology," regardless of whether the ECCN specifically refers to the GTN or uses the term "required."

The Bureau oflndustry andSecurity (BIS) confirms your understanding.

Background

The United States implements in the Export Administration Regulations (EAR) commitments it has made under the Wassenaar Arrangement 0NA) regarding sensitive dual-use goods and technologies. Tue EAR has,in pertinent part, implemented the WA's definition oftechnology as follows:

"Technology". (General Technology Note)-- Specific information necessary for the "development",production", or "use" of a product. The information takes the form of "technical data" or "technicalassistance". Controlled "technology" is defined in the General Technology Note and in the CommerceControl List (Supplement No. I to part 774 of the EAR)....

The EAR has, in pertinent part, implemented the WA's GTN as follows:

General Technology Note. The export of "technology" that is "required" for the "development", "production", or "use" of items on the Commerce Control List is controlled according to the provisions in each Category. "Technology" "required" for the"development", "production", or "use" of a controlled product remains controlled even whenapplicable to a product controlled at a lower level.

The EAR's definition of "technology" states that "[c]ontrolled 'technology' is defined in the General Technology Note ... and the GTN states that "[t]he export of 'technology' that is 'required' for the 'development', 'production', or 'use' of items on the Commerce Control List is controlled according to the provisions in each Category."

The EAR does not limit its definition of technology or the GTN to only those technologies controlled in the EARpursuant to the WA. Therefore, the GTN and the EAR's definition of "required" apply to all references to "technology'' in all the ECCNs on the CCL.

[BIS Advisory Opinion]

15 C.F.R. Part 774, Supp. No. 2 (2014).

²         ld., § 772.1 (2014).

³         ld., Part 774, Supp. No. 19 2014).