Foreign-produced items located outside the United States are subject to the EAR when they are a "direct product" of specified "technology" or "software," or are produced by a complete plant or 'major component' of a plant that itself is a "direct product" of specified "technology" or "software." If a foreign-produced item is subject to the EAR, then you should separately determine the license requirements that apply to that foreign-produced item (e.g., by assessing the item classification, destination, end-use, and end-user in the relevant transaction). Not all transactions involving foreign-produced items that are subject to the EAR require a license. Those transactions that do require a license may be eligible for a license exception.
Note 1 to paragraph (d) introductory text: As described in the CCL, ECCN 0A919 is included in this paragraph because it includes the "direct product" of "600 series" "technology" or "software".
Note 3 to paragraph (g). A 'military end user' for purposes of paragraph (g) is any entity listed on the Entity List in supplement no. 4 to part 744 of the EAR with a footnote 3 designation.
NOTE TO PARAGRAPH (h)(2):
These end-use requirements under paragraph (h) apply when any entity headquartered in, or whose ultimate parent company is headquartered in, either Macau or destination specified in Country Group D:5, is a party to any transaction involving the foreign-produced item, e.g., as a "purchaser," "intermediate consignee," "ultimate consignee," or "end-user."
15 C.F.R. §734.9