New BIS License Types C65 – (TGL) Temporary General License and C66 – (SCAL) Supply Chain Authorization Letter

In the Automated Export System (AES), Customs and Border Protection (CBP) has activated new BIS License Types C65 – (TGL) TEMPORARY GENERAL LICENSE and C66 – (SCAL) SUPPLY CHAIN AUTHORIZATION LETTER.

On October 13, 2022, the Department of Commerce, Bureau of Industry and Security (BIS) published an interim final rule (https://www.govinfo.gov/content/pkg/FR-2022-10-13/pdf/2022-21658.pdf) that became effective on October 7, 2022. Among other actions, this interim final rule established a new Temporary General License to avoid disruption of supply chains for certain items that are ultimately destined to customers outside of People’s Republic of China (China) or Macau. In a separate series of actions, the BIS Deputy Assistant Secretary for Export Administration issued a number of Supply Chain Authorization Letters which describe specific authorizations granted pursuant to requests based on exigent circumstances of actual or potential supply chain disruptions. As a result of these actions, the following change will be made to the Automated Export System (AES) in order for exporters and authorized agents to successfully report electronic export information in the AES.

New License Code C65 (TGL)

An update has been made to AES to create new License Codes C65 "Temporary General License" (TGL), which authorizes certain exports, reexports, in-country transfers, and exports from abroad destined to or within China or Macau by companies not headquartered in Country Groups D:1 or D:5 or E (see supplement no. 1 to part 740 of the EAR) to continue or engage in integration, assembly (mounting), inspection, testing, quality assurance, and distribution of items covered by ECCN 3A090, 4A090, and associated software and technology in ECCN 3D001, 3E001, 4D090, or 4E001; or any item that's a computer, integrated circuit, "electronic assembly" or "component" and associated software and technology, specified elsewhere on Commerce Control List (supplement no. 1 to part 774), which meets or exceeds the performance parameters of ECCN 3A090 or 4A090. The full terms of this Temporary General License are described in General Order No. 4 of in paragraph (d) in supplement no. 1 to part 736 of the EAR.

AES filers must adhere to the following new reporting when using C65 (TGL) to prevent the return of fatal errors from AES:

  • Report License Code: C65 Temporary General License (TGL)
  • Allowable ECCNs: 3A090, 4A090, 3D001, 3E001, 4D090, 4E001, or any item that's a computer, integrated circuit, "electronic assembly" or "component" and associated software and technology, specified elsewhere on Commerce Control List (supplement no. 1 to part 774), which meets or exceeds the performance parameters of ECCN 3A090 or 4A090.
  • Allowable Export Information Codes: All except UG
  • Allowable Modes of Transportation: All except "70" (Fixed Transport)

As a result of this, if the exception control code or the license number is "TGL", then "C65" is reported.