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Radiation hardened (rad-hard) integrated circuits are semiconductors engineered to withstand high levels of ionizing radiation without functional degradation. Their primary use cases are in military satellites, spacecraft, ballistic missile systems, nuclear facility controls, and high-altitude aircraft. Under the EAR they are typically controlled under ECCN 3A001.a.1 (and related entries) and require licences for export to countries in Country Groups D:1, D:5, E:1, and E:2.
This final rule has two operative components:
1. Clarification of rad-hard IC controls. BIS clarifies how EAR controls apply to radiation hardened ICs and to assemblies — computers, telecoms equipment, and other end-items — that incorporate them. The clarification addresses scenarios where such items are acquired, tested, or otherwise used by or for the U.S. Government, ensuring the controlling ECCNs and reasons-for-control are applied consistently regardless of whether the government acquires them directly or through a contractor.
2. License Exception GOV expansion. The rule affirms that License Exception GOV (EAR §740.11) is available for rad-hard ICs exported, reexported, or transferred pursuant to an official written request or directive from DoD or DOE. In addition, BIS expands the exception to cover microelectronics items shipped in furtherance of a U.S. Government contract that explicitly authorises the export — broadening the "by or for a department or agency" standard that previously required a more direct government nexus.
The net effect is that US defence and space contractors operating under DoD/DOE contracts gain a cleaner, more predictable pathway to ship rad-hard ICs internationally for satellite programmes, allied-government FMS deliveries, or joint-programme work without seeking individual licences from BIS — provided the government contract or directive is on file.
BAE Systems, Northrop Grumman, Raytheon) procuring rad-hard ICs for allied-customer programmes under FMS or co-production contracts.
in larger end-items — preventing inadvertent misclassification of assemblies as EAR99.
Aeroflex/Cobham, Intersil) by removing BIS licence delays on qualifying government-programme shipments.
Federal Register notice; the specific regulatory paragraphs amended (likely §740.11(b) or new subparagraph) warrant review for compliance teams handling 3A001.a.1 items.
end-users under contractor teaming arrangements, or only to direct US Government shipments, is not clear from secondary sources alone.