You must submit an advisory opinion, in accordance with § 748.3 of this part and the provisions in this section, to request an addition or modification to or removal from the approved integrated circuit designers list in supplement no. 6 to part 740 of the EAR, or the approved “OSAT” companies list in supplement no. 7 to part 740 of the EAR. The advisory opinion request must adhere to the provisions in paragraphs (a) through (d) of this section. Denied requests do not result in new license requirements or render the applicant ineligible for license approvals from BIS, nor does a denied request preclude a company from submitting a subsequent request.

(a)(1) Requests to be added. Only entities not headquartered or having an ultimate parent headquartered in Macau or a destination specified in Country Group D:5 in supplement no. 1 to part 740 will be considered for addition to either list. Only entities that have designed, assembled, tested, or packaged integrated circuits, or have credible plans to do so, will be considered for addition to either list. To ensure a thorough review, requests to be added to either list must include the information in supplement no. 4 to this part.

(2) Requests for removal or modification. Any listed party may request to be removed from a list or have their listing modified. If a listed entity's legal status changes (e.g., is dissolved), then they must request to be removed from the appropriate list. If control of the listed entity changes or the name changes, then the company must submit a modification request. If the company can no longer abide by the provisions of the EAR that pertain to approved entities, then they must request removal from the relevant list.

(3) Submission of requests. All requests should be emailed to [email protected] with a subject line stating, “Approved supply chain entities request.”

(4) Review of requests for addition, modification, or removal. The End-user Review Committee (ERC) will review all requests (additions, modifications, and removals) to both lists.

(i) The ERC will consider a range of information for requests to be added to a list, potentially including but not limited to such factors as:

(A) the applicant's record of exclusive engagement in appropriate end-use activities;

(B) the applicant's compliance with U.S. export controls;

(C) the need for an on-site review prior to approval;

(D) the applicant's capability of complying with the requirements of being added to the approved integrated circuit designers list or approved “OSAT” companies list;

(E) the ability of the applicant to guard against both the misuse and diversion of computing resources; and

(F) the applicant's relationships with U.S. and foreign companies. In addition, when evaluating the application, the ERC will consider the status of the export controls of the country or countries where the applicant is headquartered, and these countries' support of and adherence to multilateral export control regimes.

(ii) Requests to modify a listing due to a change in ownership or other substantive change to the listed entity will be considered in light of all of the criteria listed above. Requests to modify a listing to correct clerical errors or non-substantive changes to the listed entity's information will typically be approved.

(iii) In reviewing requests to be removed from a list, BIS will consider facts regarding the entity's compliance with the requirements of its status and the entity's rationale for removing its status. In general, requests to be removed from a list will be approved.

(5) Approval status. Approved integrated circuit designer and approved “OSAT” company status (i.e., listing) is subject to revision, suspension, or revocation entirely or in part.

(6) Continuing representations. Information submitted in an addition or modification request is deemed to constitute continuing representations of existing facts or circumstances. Any material or substantive change relating to the request must be promptly reported to the ERC, whether approved or still under consideration.

(b) Recordkeeping. Records relating to all requests must be retained by the requester in accordance with the recordkeeping requirements set forth in part 762 of the EAR.

(c) Reporting requirements. Authorized integrated circuit designers, to be eligible for that status consistent with Note 1 to ECCN 3A090.a, are required to submit certain information to the “front-end fabricator,” which the “front-end fabricator” must then report to BIS. See § 743.9 of the EAR.

(d) Termination of reporting requirements. Approved integrated circuit designers and approved “OSAT” companies may request to be removed from a relevant list, however, the recordkeeping requirements in paragraph (b) of this section and the reporting requirements in paragraph (c) of this section must be adhered to until the listing is removed from the relevant list.