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DOC/BIS RIN: 0694-AE26 Publication ID: Fall 2008 
Title: Deletion of Statement of Understanding Regarding Source Code 
Abstract: On November 5, 2007 (72 FR 62524), the Bureau of Industry and Security published a final rule that amended the Export Administration Regulations (EAR) to implement the agreement reached at the December 2006 plenary meeting of the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies. Included in this publication was the addition of the Statement of Understanding (SOU) regarding source code. This rule removes this SOU, because the EAR presently controls "source code" by way of "software" controls, not by way of "technology" controls. This language is inconsistent with the current scheme for the control of exports of "source code" as set forth in the EAR. The addition of this language to Supplement No. 3 to part 774 of the EAR has led to confusion within industry regarding whether BIS currently controls source code by way of "software" controls, "technology" controls, or both. 
Agency: Department of Commerce(DOC)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Long-Term Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 15 CFR 774   
Legal Authority: 10 USC 7420    10 USC 7430    22 USC 287    22 USC 3201    22 USC 6004    30 USC 185    42 USC 2139    42 USC 6212    43 USC 1354    46 USC 466    50 USC 1701    50 USC 2401    50 USC 5    EO 13222    EO13026   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Final Action   To Be Determined    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Sharron Cook
Policy Analyst
Department of Commerce
Bureau of Industry and Security
2096/MS 2705, 14th Street and Pennsylvania Avenue NW,
Washington, DC 20230
Phone:202 482-2440
Email: sharron.cook@bis.doc.gov