Census Issues AES Codes for Exports Under BIS License Exception NAC

The Census Bureau this week alerted export filers about two new license codes in the Automated Export System for License Exception Notified Advanced Computing (NAC), the exception introduced last year by the Bureau of Industry and Security for certain exports of semiconductors that fall just below the agency’s most recently updated chip control parameters (see 2311200042 and 2401030053). Companies using the license exception and exporting certain chips must submit notifications to BIS with data about the chip, including its total processing performance, the name of the exporter and other parties to the transactions, and the volume and value of the shipment.

In an email to industry, Census said exporters should use one of two new AES codes when sending certain chips covered by the new BIS export rules: Code C67 (NAC) for when their export requires advance notification to BIS, and code C68 (NAC) for when no advance notification is required.

A Census spokesperson said in a March 25 email that some exporters may already have been using the codes, but it has taken "some time to get these codes into AES to be fully functional." They are now in AES "and currently active," the spokesperson said.

Filers should use Code C67 for exports of certain items in Export Control Classification Numbers (ECCNs) 3A090, 4A090, 3A001.z, 4A003.z, 4A004.z, 4A005.z, 5A002.z, 5A004.z, 5A992.z, 5D002.z, or 5D992.z -- except for items used in a data center and meeting the parameters of 3A090.a -- if they are destined to Macau, a nation in Country Group D:5 of the Commerce Country Chart, or an entity with a parent that is headquartered in those destinations. AES filers must also report the NAC confirmation number they received from BIS in the “license number block,” Census said, and the export can be used with all Export Information Codes and Modes of Transportation except for “UG” and “70” (Fixed Transport), respectively.

Filers should use Code C68 for exports of items in the same ECCNs if they are being shipped “to destinations specified” in Country Group D:1 and D:4, and for in-country transfers to Macau and destinations in Country Group D:5, “for which no notification is required,” Census said. The code also can’t be used with Export Information Code “UG” and Modes of Transportation “70” (Fixed Transport), respectively.

Census said industry questions should be directed to BIS.