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EAR CONTROLS FOR ITEMS THAT USE ENCRYPTION

On June 25, 2010, the Bureau of Industry and Security published amendments to the encryption provisions of the Export Administration Regulations (EAR). These amendments remove many items from control as encryption items.  They also reduce or eliminate review and reporting requirements for many more items that remain controlled as encryption items.

See the summary of changes from the previous regulation or use the quick links to browse the relevant amended sections of the EAR.

The following charts are additional guidance License Exception ENC (740.17) and Mass Market (742.15).

This web page is designed to help exporters of products designed to use encryption determine whether they have obligations under the EAR.  It is also intended to provide specific guidance to those exporters with obligations under the EAR as to how to comply the EAR prior to export of those items.

1. Is my item classified under Category 5, Part 2, of the EAR?

2. May I self-classify my encryption item and export it WITHOUT encryption registration?

3. If you determine that your item IS classified under Category 5, Part 2 AND that your answer to question #2 is ‘no’, then you must file an encryption registration.

4. May I self-classify my encryption item and export it WITH an encryption registration?

5. If encryption registration IS required, AND you cannot self-classify the item, then you must file an encryption classification request.

How to file an encryption license application

Changes made by this rule:

Frequently Asked Questions - additional questions and answers for common questions asked by exporters.

Advisory Opinions - advisory opinions related to encryption items may be reviewed on the advisory opinions web page.

Information Technology Controls Division Contacts – for additional guidance or to discuss a specific application please contact the Licensing Officer.

 


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