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COMMERCIAL ENCRYPTION EXPORT CONTROLS

-- Guidance --

To obtain an authorization to export commercial encryption items, you will have to submit a review request, license application or notification, depending on the type of encryption and the end-users. You must use a BIS Form 748P, the Multipurpose Application Form (either electronically through "SNAP" or in paper form) to apply for a classification request or export license.

Additionally, the documents below provide step-by-step instructions on how to submit notifications, or fill out BXA 748P form to receive eligibility to export under License Exception ENC or KMI or an export license.

Notifications

Source Code ("Publicly Available")

Beta Test Software

NLR

  • mass market products with symmetric key lengths equal to or less than 64-bits
  • non-mass market products with symmetric key lengths equal to or less than 56-bits and asymmetric key exchanges equal to or less than 512-bits.
  • key management products with equal to or less than 512-bit asymmetric or equal to or less than 112-bit elliptic curve algorithms.

Encryption Review Requests

Greater than 64-bit "Mass Market"

License Exception ENC

License Exception KMI

License Applications

Encryption Licensing Arrangement (ELA)

Individual License (ILs)

 

Charts

The following charts will help you understand which authorizations may be used to export encryption items. The charts are not all inclusive and are only
meant as general guidance for exporters. Please refer to the Export Administration Regulations (EAR) for more detail.

Encryption License Exception Chart - lists the license exceptions that are most applicable to encryption items.


Export of Encryption Technology - provides guidance on the licensing of mechanisms for encryption technology controlled under ECCN 5E002, including
guidance on the release of such technology 5E002 to foreign nationals under the "deemed export" rule found at Section 734.2(b)(2) of the EAR.

 

 

Semiannual Reporting Forms [Parts 740.17 and 742.15]
BIS-742R (pdf)| BIS-742S (pdf)

 

 

 

                          

 
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