BIS Issues Advisory Opinion on Licensing for Avionics Displays that Make 2D Images Appear as 3D

The Bureau of Industry and Security has issued an advisory opinion regarding whether a license is required for the export or reexport of software or technology related to Avionics Displays that employ techniques used to make a two dimensional (2D) image appear as three dimensional (3D).

(The related Export Classification Numbers (ECCNs) are 7D003.d.7 for software and 7E004.a.3 for technology.)

Scope of Related ECCNs is Limited to 3D Software and Technology

BIS has reviewed ECCNs 7D003.d.7 and 7E004.a.3 and has determined that the scope of these ECCNs is limited to 3D software and technology.

Software and Technology Achieving 2D Techniques is Outside Scope of ECCNs

BIS adds that software and technology that achieve 2D techniques such as surface texture, lighting, perspective (i.e. objects further away are smaller), depth of field (i.e., objects close by are in focus and objects further away are out of focus), and anti-aliasing (i.e., making curved lines appear smooth), fall outside of the scope of these ECCNs.

Such Software/Technology Are EAR99 Items, Generally No License Required

BIS states that software and technology that achieve 2D techniques are designated as EAR99 items, for which a license is generally not required.

(Items under BIS' jurisdiction that are not listed on the Commerce Control List (CCL) are designated as EAR99. EAR99 items generally consist of low-technology consumer goods and do not require a license in many situations. However, if a proposed export of an EAR99 item is to an embargoed country, to an end-user of concern or in support of a prohibited end-use, a license may be required.)

BIS advisory opinion (dated 01/12/09) available at http://www.bis.doc.gov/policiesandregulations/advisoryopinions/jan12_2009_avionics_display_software.pdf