The addition of software specifically designed for the automated analysis of geospatial imagery to the Export Control Classification Number (ECCN) 0Y521 series.
2024-09-24 22:24:42
On January 6, 2020, the interim final rule issued by the Bureau of Industry and Security (BIS) took effect. This rule amends the Export Administration Regulations (EAR) to subject specific items to EAR controls and mandates that a license is required for the export or re-export of these items to all destinations except Canada.
Specifically, the rule classifies software specifically designed for the automated analysis of geospatial imagery under the Export Control Classification Number (ECCN) 0Y521 series, particularly under ECCN 0D521. The ECCN 0D521 entry in Supplement No. 5 to the EAR's 0Y521 series table describes the new items to be controlled as follows:
"Software" specifically designed to train deep convolutional neural networks for the automated analysis of geospatial imagery and point clouds, and possessing all of the following capabilities:
Providing a graphical user interface that enables users to identify objects (e.g., vehicles, houses, etc.) from geospatial imagery and point clouds to extract positive and negative samples of objects of interest;
Reducing pixel variations by performing scaling, color, and rotation normalization on positive samples;
Training a deep convolutional neural network to detect target objects from positive and negative samples; and
Using the trained deep convolutional neural network to identify objects in geospatial imagery by matching rotational patterns in positive samples with rotational patterns of objects in the geospatial imagery.
BIS believes that these items could provide significant military or intelligence advantages to the United States or are controlled for foreign policy reasons under the ECCN 0Y521 series procedures. Although the comment period for this rule remains open until March 6, 2020, the Department of Commerce deemed it in the national security interest of the United States to implement the controls immediately on January 6, 2020.