Pursuant to the regulations at 31 C.F.R. part 800, a declaration must include a statement as to whether the U.S. business produces, designs, tests, manufactures, fabricates, or develops one or more “critical technologies,” a term defined at 31 C.F.R. § 800.215 to include, inter alia, certain items controlled under the EAR. If applicable, the declaration must also include a description of each such critical technology and the Export Control Classification Numbers (ECCN).
Note that some items may be listed on the Commerce Control List (CCL), but are not critical technologies under the CFIUS definition. While not required, parties may include information about such items as part of the declaration submission. Parties may also state whether the items that the U.S. business produces, designs, tests, manufactures, fabricates, or develops are designated as EAR99. Inclusion of this information may avoid the need for the Committee to pose follow-up questions on these items during the assessment period and may facilitate a more efficient process.