Current situation with CoCom regulations and GPS receivers for balloons and cubesats

I have just run across the following note in Section 05. Guidance, Navigation and Control of the NASA site [State of the Art of Small Spacecraft Technology]:

GPS units are controlled under the Export Administration Regulations (EAR) and must be licensed to remove COCOM limits$💬^💬$

$⚡^💬$Office of the Federal Register, “FOREIGN AVAILABILITY DETERMINATION PROCEDURES AND CRITERIA,” vol. Title 15 Part 768.7, 2015.

I then found this at the Cornell Legal Access Institute:

§ 768.2 Foreign availability described.

(a) Foreign availability. Foreign availability exists when the Secretary determines that an item is comparable in quality to an item subject to U.S. national security export controls, and is available-in-fact to a country, from a non-U.S. source, in sufficient quantities to render the U.S. export control of that item or the denial of a license ineffective. For a controlled country, such control or denial is “ineffective” when maintaining such control or denying a specific license would not restrict the availability of items that would make a significant contribution to the military potential of the controlled country or combination of countries detrimental to the national security of the United States (see sections 5(a) and 3(2)(A) of the EAA.)

(b) Types of foreign availability. There are two types of foreign availability:

Note to paragraph (B) of this section:

See §768.7 of this part for delineation of the foreign availability assessment procedures, and § 768.6 of this part for the criteria used in determining foreign availability.

§768.7 is quite long, and details a specific set of procedures for the determination of Foreign Availability. From what I understand, this is essentially saying if it is determined that the item or technology is already readily available for purchase outside the US, then one can apply for permission to export it from the US.

This applies to exporting from the US. So far I haven’t found any rules against building a LEO-capable GPS unit in the US for ones own cubesat to be launched within the US or by a US launch provider, nor selling one to someone else within the US. (I’ve chosen the US as an example of a “CoCom country” here.)