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High Performance Computer Export
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HPC NewsWhite House Announcement: On January 10, 2001, President Clinton announced a revision to the U.S. High Performance Computer export control policy. These changes were implemented in regulations published on January 19. The January 19th rule combines Computer Tiers 1 and 2 into a single Tier 1. Exports of computers above 6,500 MTOPS to end users/uses in these countries are allowed without an individual license (i.e. without prior government review), subject to the conditions of License Exception CTP. Also, Lithuania is moved into Tier 1 effective May 19, 2001. For HPC exports to Tier 3 end users/uses, the rule published January 19th raises the upper limit of License Exception CTP eligibility for Tier 3 end users/uses from 28,000 MTOPS to 85,000 MTOPS, effective immediately. For computers exported prior to February 26, National Defense Authorization Act (NDAA) notification and post-shipment reporting requirements will apply for computers between 12,500 MTOPS and 85,000 MTOPS. For computers exported on or after February 26, the lower NDAA notification and reporting threshold will be raised from 12,500 MTOPS to 28,000 MTOPS. Effective March 20, 2001, the revision published January 19th raises this lower threshold to 85,000 MTOPS, as of this date no NDAA notifications are required for exports and reexports authorized under License Exception CTP because a license will be required for computers at this threshold. For exports occurring on or after March 20, 2001 post shipment reports will no longer be required for exports under License Exception CTP, but will still be required for exports of computers with a CTP greater than 85,000 MTOPs under Section 742.12(b)(3)(iv) of the EAR. As required by the NDAA, this change becomes effective 60 days after the President submits a report to the Congress. President Clinton's report was sent to the Congress on January 19, 2001; therefore, the new NDAA notification levels will become effective on March 20, 2001. High Performance Computer (HPC) Rule: On October 13, 2000, BXA published a rule implementing the August 3 White House announcement updating the HPC export control policy. Effective October 13, 2000, the upper License Exception CTP level for Computer Tier 2 countries is raised from 33,000 to 45,000 MTOPS and the upper License Exception CTP level for Computer Tier 3 countries is raised from 20,000 to 28,000 MTOPS for both civil and military end users. For purposes of License Exception CTP eligibility, this policy removes the distinction between civil and military end-users and end-uses in Computer Tier 3 countries. The National Defense Authorization Act (NDAA) notification and post shipment reporting levels for HPC exports to Computer Tier 3 countries will be raised from 12,500 to 28,000 MTOPS. As required by the NDAA, changes in the NDAA notification level for HPC exports to Tier 3 destinations are only effective 180 days following the submission of a report to Congress. The report was sent to Congress on August 30, therefore, the NDAA notification level will be raised on February 26, 2001. The NDAA post shipment reporting level will be raised to 28,000 MTOPS (currently 12,500 MTOPS) on February 26, 2001. Additionally, effective October 13, 2000, Argentina is moved from
Computer Tier 2 to Computer Tier 1, Estonia will be moved from Computer
Tier 3 to Computer Tier 2. However, due to requirements in the 1998 NDAA,
removing Estonia from Computer Tier 3 is not effective until 120 days
after the Congress receives a report justifying such a removal - this
change will go into effect on December 28, 2000. Reminder: It is important to be aware of the licensing requirements for crime control reasons. Certain computers are affected by this and require a license to destinations listed under CC Column 1 in the Country Chart (Supplement No. 1 to Part 738 of the EAR). This licensing requirement includes 4A003, depending on the end-use, as well as 4A980 computers used for fingerprint purposes. Therefore, exporters cannot use License Exception CTP to export fingerprint computers to countries listed in CC Column1. Refer to section 742.7 of the Export Administration Regulations for more information on crime control policy. India: As of December 22, 1999 License Exception CTP is available for exports to India. Please refer to section 740.7 of the Export Administration Regulations for more information on License Exception CTP. |
Licensing GuidanceOn-line access to the EAR Parts 740.7 and 742.12 of the Export Administration Regulations address HPC export control requirements License Exception CTP Chart - This chart summarizes the provisions of License Exception CTP and includes a list of countries in each Tier. HPC License Processing - explains the lifecycle of an HPC license application Security and Safeguard Plans (SSPs) - provides information relating to SSP requirements, plus the most commonly required safeguards. Links to a sample Standard SSP General Policy and Processing Guidance for HPC licenses - general guidance on process and policy issues that often cause confusion or delay in processing licenses Guidelines for Preparing Export License Applications for HPCs - step-by-step instructions on how to fill out the BXA 748-P form for HPC licenses and what additional information and documents must be provided with the license application in order for the license to be processed in a timely manner. HPC Reporting Requirements - Wassenaar vs. NDAA - information for determining additional reporting requirements mandated by the National Defense Authorization Act (NDAA) Licensing Tips HPC Archives |
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This page is designed to serve as
a licensing and policy navigation tool for exporters of high performance
computers (HPCs) and components. HPC licensing and policy can be complex.
We are providing the information linked to this page in order to help
smooth the licensing process and to make the policy more transparent. We
recommend that you review the documents in the order they appear in the
right hand column, so that you may gain a more complete understanding of
the licensing process. If you have additional questions about licensing
requirements or HPC policy, please call the number listed below. Contacting the
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