X95-10718. General Technology and Software Notes

[Federal Register Volume 60, Number 137 (Tuesday, July 18, 1995)]
[Rules and Regulations]
[Pages 36638-36639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X95-10718]



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DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR Part 799


General Technology and Software Notes

CFR Correction

    In title 15 of the Code of Federal Regulations, parts 300 to 799, 
revised as of January 1, 1995, on page 661, Supplement No. 2 to 
Sec. 799.1 was removed and reserved in error. The correct text of the 
supplement as published in title 15, revised as of January 1, 1994, 
reads as follows:


Sec. 799.1  [Corrected]

Supplement No. 2 to Sec. 799.1--General Technology and Software 
Notes

    1. General Technology Note. The export of ``technology'' that is 
``required'' for the ``development,'' ``production,'' or ``use'' of 

[[Page 36639]]
products 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 when applicable to a product controlled at a lower 
level.
    General License GTDR, without written assurance, is available 
for ``technology'' that is the minimum necessary for the 
installation, operation, maintenance (checking), and repair of those 
products that are eligible for General Licenses or that are exported 
under a validated export license.

    N.B.: This does not allow release under a general license of the 
repair ``technology'' controlled by 1E02.e, 1E02.f, 7E03, or 8E02.a.

    N.B.: The `minimum necessary' excludes ``development'' or 
``production'' technology and permits ``use'' technology only to the 
extent ``required'' to ensure safe and efficient use of the product. 
Individual ECCNs may further restrict export of `minimum necessary' 
information.

    General License GTDA is available for ``technology'' that is 
publicly available or technology arising during or resulting from 
fundamental research. See section 779.3 of this subchapter for 
details on General License GTDA.)
    2. General Software Note. General License GTDR, without written 
assurance, is available for release of software that is generally 
available to the public by being:
    a. Sold from stock at retail selling points, without 
restriction,\1\ by means of:

    \1\ The phrase ``without restriction'' clarifies that software 
is not ``generally available to the public'' if it is to be sold 
only with bundled hardware generally available to the public. 
Software that is both bundled with hardware and ``generally 
available to the public'' does qualify for General License GDTR, 
without written assurance.
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    1. Over the counter transactions;
    2. Mail order transactions; or
    3. Telephone call transactions; and
    b. Designed for installation by the user without further 
substantial support by the supplier.

General License GTDA is available for software that is publicly 
available.

    N.B.; The General Software Note does not apply to exports of 
``software'' controlled by other agencies of the U.S. Government 
(see Sec. 770.10 of this subchapter).
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