AMD Regulatory Trade Compliance

Export Policy

AMD products, including software, hardware, services and technologies are subject to export and import controls administered by the United States (including but not limited to, the U.S. Department of Commerce Export Administration Regulations (“EAR”), the member states of the European Union, Singapore, Malaysia, China and other applicable jurisdictions. 

All AMD products, services and technology are subject to the following:

• Diversion contrary to U.S. or other applicable law of any AMD product, service, or technology is prohibited.
• AMD products, services, and technology are prohibited for U.S. export or re-export to Cuba, Iran, North Korea, Sudan, and Syria or to any country or end-use subject to U.S. trade sanctions.
• AMD products, services, and technology are prohibited for U.S. export or re-export to any person or entity listed on the various U.S. and other Government denied parties lists, including, but not limited to, the U.S. Department of Commerce Denied Persons List, Entity List, or Unverified List; the U.S. Department of State's lists of Debarred Parties; or, the U.S. Department of Treasury's Specially Designated Nationals,  Specially Designated Narcotics Traffickers, or Specially Designated Terrorists and Blocked Persons List.
• AMD products, services, and technology are prohibited for use with chemical or biological weapons, sensitive nuclear end-users, or missiles, drones or space launch vehicles capable of delivering such weapons.

AMD products (including hardware, software, and drivers), services and related technical data available for download or purchase are subject to the Export Administration Regulations (EAR) administered by the U.S. Department of Commerce Bureau of Industry and Security as well as the Wassenaar Arrangement and the export and import regulations of other applicable countries and transnational organizations within the following classifications: 3A991, 3E991, 3E002, 5A992, 5D992, 5E992, 5A002, 5B002, 5D002, and 5E002.

Although AMD products are subject to anti-terrorism controls most of our items also contain cryptographic features designed to prevent unauthorized access to valuable intellectual property.  These products are subject to additional distribution, use and end-user restrictions.

General Export Overview

Recipients of AMD technology are obliged to maintain adequate controls to prevent nationals from Country Groups D:1 or E:1/E:2 (listed at https://www.bis.doc.gov/index.php/documents/regulation-docs/2255-supplement-no-1-to-part-740-country-groups-1/file) from accessing AMD information classified under ECCN 3E002, 3E991, 5E002 and 5A992, or nationals outside the U.S. and Canada from accessing AMD information without first obtaining U.S. government authorization.  Notification to AMD is required prior to placing nationals from Country Groups D:1/E:1/E:2 at an AMD site, or on any project requiring collaboration with AMD operations, engineering and/or employees where controlled technology will be accessed.

Defense Articles and Services

Defense articles, defense services and technical data subject to control under the defense laws and regulations (e.g., the International Trade in Arms Regulations (ITAR)) may not be transferred to persons, whether located in the United States or abroad, without a valid license or agreement approved by the applicable government authority.  For additional information regarding defense article and service controls, please visit http://www.pmddtc.state.gov/regulations_laws/itar.html.

If you have any questions related to AMD’s export compliance policy, please contact AMD’s global trade compliance team at dl.exportcontrol@amd.com

Sales

Civilian Sales: Restricted and Unrestricted Encryption

AMD’s restricted strong encryption solutions may be exported or re-exported to most civilian/commercial end users located in all territories except for embargoed destinations and countries designated as supporting terrorist activities.  Countries listed in Part 746 of the EAR as embargoed destinations requiring a license are Cuba, Iran, North Korea, Sudan and Syria.

Government Sales: Restricted Encryption (ECCN 5A002, 5E002)

Government entities not located in the following countries require a U.S. export license in order to obtain restricted non-retail strong encryption items: Austria, Australia, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece,  Hungary, Iceland, Ireland, Italy, Japan,  Latvia, Lithuania, Luxembourg, Malta, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey, United Kingdom, United States (however, foreign consulates, embassies and United Nations offices will require U.S. export licenses)

Government Sales: Unrestricted Encryption (ECCN 5A992, 5E992)

AMD’s unrestricted strong encryption items may be exported or re-exported to most government end users location in all territories except the embargoed destinations and countries designated as supporting terrorist activities.  Countries listed in Part 746 of the EAR as embargoed destinations requiring an export license are Cuba, Iran, North Korea, the Sudan and Syria.  For further restrictions please see the sections below particularly Delivery, Import and Use, Denied and Restricted Parties Lists and Prohibited Uses. 

Denied/Restricted Parties List

AMD solutions and products may not be delivered to individuals or entities listed on any of the following lists without first obtaining a license from the U.S. Government.  Please review the U.S. Bureau of Industry and Security's Lists of Parties of Concern, at https://www.bis.doc.gov/index.php/policy-guidance/lists-of-parties-of-concern.

• the U.S. Department of Commerce Denied Persons List, Entity List, or Unverified List
• the U.S. Department of State's lists of Debarred Parties
• the U.S. Department of Treasury's Specially Designated Nationals,  Specially Designated Narcotics Traffickers, or Specially Designated Terrorists and Blocked Persons List

Delivery, Import, Use

• ​Delivery of AMD cryptographic products does not imply third-party authority to import, distribute, or use restricted and non-restricted encryption.
• Importers, distributors, customers, and users are responsible for compliance with U.S. and local country export laws and regulations.
• AMD strongly recommends that importers, distributors, and users investigate such regulations prior to acquiring products with encryption functionality.
• AMD encourages customers to contact the Bureau of Industry and Security, their local freight forwarder, consultant, or an attorney with knowledge of international export requirements.
• AMD is a certified participant in the Customs Trade Partnership Against Terrorism (C-TPAT) program. AMD’s Statement of Support for C-TPAT can be found HERE.

Prohibited Uses

AMD commodities, software, and technical data may not be used directly or indirectly in uses inconsistent with its original design and intended application, including but not limited to the following activities without AMD Global Export Trade authorization and applicable U.S. government authorization:

• Designing, developing, or fabricating nuclear weapons or nuclear explosive devices; or devising, carrying out, or evaluating nuclear tests or nuclear explosions.
• Designing, assisting in the design of, constructing, fabricating, or operating facilities for the chemical processing of irradiated special nuclear material, for the production of heavy water, for the separation of isotopes of any source and special nuclear material, or specially designed for the fabrication of nuclear reactor fuel containing plutonium.
• Designing or assisting in the design or, construction, fabricating, furnishing or modifying equipment for missiles, space launch vehicles, satellites or drones (unmanned vehicles)
• Designing, assisting in the design of, constructing, fabricating, furnishing, or modifying equipment for the fabrication of chemical or biological weapons, chemical precursors, viruses, viroids, bacteria, fungi, or protozoa.
• Designing, assisting in the design, construction, fabrication, or furnishing equipment for components specially designed, modified, or adapted for use in such facilities.
• Training personnel in any of the above activities.

The above is not intended to be a comprehensive summary of the export laws and regulations that govern AMD products and services. It is your responsibility to consult with a legal advisor to ensure compliance with applicable laws. 

HTS/ECCN

All classifications provided are for information purposes only. The classifications are strictly provided for guidance purposes only and are not legally binding as classifications may change without notice. It is the sole responsibility of the exporter (USPPI), re-exporter or Importer Of Record (IOR) to determine and declare the appropriate classifications per the laws and regulations of the US and other government regimes. AMD encourages that all parties using information from this site for the purposes of an export, reexport or harmonized tariff code determination, obtain professional counsel regarding your specific circumstances in relation to import and export activity.

For inquires related to ECCN and HTS classification of AMD product, software and technology, please email import_export_class@amd.com