§ 743.8. Reporting on quantum deemed exports and deemed reexports.
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/us/cfr/t15/s§ 743.8·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Requirement. A report must be submitted to BIS in accordance with this section for the deemed export or deemed reexport under General License in General Order no. 6 in paragraph (f)(3) of supplement no. 1 to part 736 of the EAR to foreign person employees whose most recent country of citizenship or permanent residency is a destination specified in Country Group D:1 or D:5 of quantum "software" or "technology" specified in the following ECCNs: 3D901 (for 3A901.b, 3B904), 3E901 (for 3A901, 3A904, 3B904, 3C907, 3C908, 3C909), 4D906, or 4E906.
(b)Party responsible for reporting. The entity who released the specified "software" or "technology" must ensure the reports required by this section are properly submitted to BIS.
(c)Information to be included in the reports. The report must include the following:
(1)The name, address and point of contact of the entity that made the release;
(2)Description of the "software" or "technology;"
(3)Foreign person information, including all the information that would be provided in a deemed export license application, see guidelines for deemed export license applications under the learn and support tab of the BIS website at www.bis.gov;
(4)End item of the "technology" or "software" including a description and ECCN of the end item (if known); and
(5)The exporting company's name and address must appear at the top of each page.
(d)Annual reporting requirement.
(1)You must submit the first report on November 5, 2024 subject to the provisions of this section. The report shall cover any releases during the time between September 6, 2024 and October 28, 2024. Thereafter, reports are due according to the provisions of paragraph (d)(2) of this section.
(2)Reports for the reporting period ending December 31 must be received by BIS no later than February 1.
(e)Termination reporting. When a foreign person, who has had access to "software" or "technology" identified in paragraph
(a)of this section, leaves your employment or academic institution, you must report the name, host company or university, and if known, if they are leaving the United States to go be employed in a destination specified in Country Group D;1 or D:5 or if they are leaving to change employer or university within the United States. This report is due within 30 days of the foreign person's last day with the host company or university.
(f)Where to submit Quantum General License reports---Report may be emailed to EAR.Reports\@bis.doc.gov and must include "Quantum General License Report" in the subject line.
(g)Contacts. General information concerning the "Quantum General License Report" is available from the Office of National Security Controls, Tel.
(202)482-0092, or Email: EAR.Reports\@bis.doc.gov. \[89 FR 72939, Sept. 6, 2024\]