EAR - Export Administration Regulations
Part 734: Scope of the EAR – EAR - Export Administration Regulations

EAR - Export Administration Regulations 734.9: 734.9 Foreign-direct product (FDP) rules

A foreign-produced item located outside the United States is subject to the EAR when it meets both the product scope and the country, destination, end-use or end-user scope of one of the FDP rules: National Security (NS-controlled direct products of technology or software needing a written assurance, to D:1, E:1, E:2); 9x515 (to D:5, E:1, E:2); 600 series and 0A919 (to D:1, D:3, D:4, D:5, E:1, E:2); the Entity List rules for Footnote 1, Footnote 4 and Footnote 5 entities and advanced-node IC production facilities in Macau or D:5, including entities owned 50 percent or more by listed or restricted parties (that ownership extension is stayed from 10 November 2025 to 9 November 2026 by 90 FR 50857); Russia, Belarus and occupied Crimea; Russia and Belarus military end users and procurement entities (Footnote 3); advanced computing (3A090, 4A090 and .z items, and mask or wafer technology developed by D:5 or Macau-headquartered entities); supercomputers in the PRC or Macau; Iran; semiconductor manufacturing equipment to Macau or D:5; and AI model weights under 4E091 produced with controlled advanced computing items, worldwide. Product scope covers direct products of the specified U.S.-origin technology or software, products of a complete plant or major component of a plant that is itself such a direct product, and for Footnote 5 and SME rules commodities containing such products (including integrated circuits). Once an item is subject, the licence requirements are separately determined; BIS may inform persons by specific notice (confirmed in writing within two working days) and the model supplier certificate in Supplement No. 1 is optional support for due diligence, not a substitute.

Maintained by Gerard BlokdykVerified against the published standard Control text last updated

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Other controls in Part 734: Scope of the EAR – EAR - Export Administration Regulations

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