BIS Publishes Additional Corrections to Rule Implementing Changes to Calculating Computer Performance
The Bureau of Industry and Security (BIS) last week published a second "fix-it" final rule in the in the Federal Register making changes to the April 24, 2006 final rule amending the Export Administration Regulations to implement the new formula for calculating computer Adjusted Peak Performance in Weighted TeraFLOPS. The fix-it rule corrects the availability of the license exception for technology and software under restriction for specified "software" and "technology" for computers. These additional changes are intended to correct the scope of the license exception in certain Export Control Classification Numbers (ECCN) that were unintentionally narrowed by BIS's first "fix-it" rule issued on March 22, 2007. In addition, the most recent notice corrects a reference to a nonexistent ECCN found in specified "technology'' for computers.