Regulations last checked for updates: Jan 19, 2025

Title 15 - Commerce and Foreign Trade last revised: Jan 16, 2025
Appendix - Supplement No. 4 to Part 748—Information Required To Be Submitted With a § 748.16 Request

The following information is required to be submitted with a request to be added to either supplement no. 6 to part 740—Approved Integrated Circuit Designer list or supplement no. 7 to part 740—Approved “OSAT” company list, as described in § 748.16. The prospective added integrated circuit designer and prospective approved “OSAT” company are referred to as the candidate in this supplement.

(a) Identity. Name of the candidate, including all names under which the candidate conducts business; complete company physical address (simply listing a post office box is insufficient); telephone number; fax number; email address; company website; and name of individual who should be contacted if BIS has any questions. If the entity submitting the request is different from the candidate identified in the request, this information must be submitted for both entities. If the candidate has multiple locations, all physical addresses must be listed.

(b) Ownership. Provide an overview of the structure, ownership and business of the candidate. Include a description of the entity, including type of business activity, ownership, subsidiaries, and joint-venture projects, as well as an overview of any business activity or corporate relationship that the entity has with either government or military organizations.

(c) “Applicable advanced logic integrated circuits.” List any “applicable advanced logic integrated circuits” the candidate expects to design, assemble, test, or package, and the end use and any known intended end uses of these commodities. Include a description of the commodities; the ECCN for all commodities, classified to the subparagraph level, as appropriate; and technical parameters for the commodities including performance specifications.

(d) Recordkeeping. Specify how the candidate's record keeping system will allow compliance with the recordkeeping requirements set forth in § 748.16(b) and part 762 of the EAR.

(e) Certification. Include an original statement on letterhead of the candidate, signed and dated by a person who has authority to legally bind the candidate, certifying that the candidate will comply with all the provisions of § 748.16.

(f) Statement of acknowledgement and agreement. The candidate must include this statement of acknowledgement and agreement with the request, that the candidate:

(1) Acknowledges that they have been informed of and understand that the item(s) to be produced by the “front-end fabricator” have been exported in accordance with the EAR and that use or diversion of such items contrary to the EAR is prohibited, particularly the license requirements of §§ 742.6(a)(6)(iii) and 744.23(a)(3) of the EAR;

(2) Agrees to comply with the recordkeeping requirements in § 748.16(b) and part 762 of the EAR; and

(3) Agrees to allow on-site reviews by U.S. Government officials to verify compliance with the EAR.

[90 FR 5313, Jan. 16, 2025]