Where Industry and Security Intersect
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This chart is not all inclusive and is meant only as initial guidance for exporters. For additional information, please refer to part 740 of the Export Administration Regulations for the complete set of license exception provisions, criteria and restrictions that apply to encryption items.
| License Exception | Type of Products | Class of End-Users | Country Scope (1) |
Reporting Requirements | Restrictions |
|---|---|---|---|---|---|
| TMP - §§740.9(a)(2)(i) "Temporary exports - Tools of trade" | Encryption products, including laptops with pre-loaded encryption | Exporters or employees
of the exporter |
global, except Country Group E:2 countries and Sudan. |
No | - Return in 1 year - Must retain effective control and ownership |
| TMP - §§740.9(a)(2)(iii) "Temporary exports - Exhibition and demonstration" | Encryption products, including laptops with pre-loaded encryption | Exporters, employees
of the exporter, or designated sales reps of the exporter |
global, except Country Group E:1(2) ("T-7") | No | - Return in 1 year - Must retain effective control and ownership - No more than 120 days in one location |
| BAG - §§740.14 | Encryption products for personal use, including laptops with pre-loaded encryption | U.S. citizens or permanent resident aliens | Global, except Country Group E:1(2) ("T-7") | No | - Personal ownership - Usual and reasonable quantities - Not intended for sale -Intended for a necessary and appropriate use of individuals or members of immediate family traveling with exporter |
| TMP - §§740.9(c) "beta test software" | Beta test encryption software intended to be "mass marketed" to the general public after completion of beta testing | Certified testing consignees (see §§740.9(c)(5)) | For beta test encryption software: global, except Country Group E:1(2) ("T-7") | Yes -- see §§740.9(c)(8) for notification and reporting requirements specific to beta test encryption software. | - Refer to §§740.9(c). There are a number of requirements and restrictions, and they apply to all beta test software (including beta test encryption software) subject to the EAR. |
| TSU -- §§740.13(e) | Encryption source code that would be considered "publicly available" (e.g. "open source") and corresponding object code | All | Global, may not knowingly export to Country Group E:1(2) ("T-7") | No | - Notification or copy by time of export |
| ENC -- §§740.17(a) | Encryption items (including technology and "open cryptographic interface" items) | Government and non-government end-users and subsidiaries | Located in Supplement 3 to Part 740 countries (3) ("EU+8"); subsidiaries not located in Country Group E:1(2)("T-7") | Yes (4) | - Requires review (immediate export upon registration
of complete review request) - Excludes cryptanalytic items to government end-users |
| ENC -- §§740.17(b)(1) | Encryption items (includes source code, technology and "open cryptographic interface" -- OCI items) | Foreign U.S. subsidiaries (includes foreign employees, contractors and interns) | Global, except Country Group E:12 ("T-7") | No | - No review for internal company use - Developed products require review prior to reexport, resale or transfer outside the company |
| ENC -- §§740.17(b)(2) |
Encryption commodities, software and components; network infrastructure encryption products; commercial source code and general purpose toolkits | Non-government end-users | Global, except Country Group E:1(2) ("T-7") | Yes (4, 5) | - Requires ENC review (6)
- Excludes OCI and technology items *Note(A license is required to government end-users outside EU+8) |
| ENC -- "retail" products §§740.17(b)(3) |
Encryption commodities, software and components | Non-government AND government end-users | Global, except Country Group E:1(2) ("T-7") | Yes (4) ,except as described in §§740.17(e)(4) | - Requires ENC review (6)
AND (to government end-users outside the EU+8) specific authorization
by BIS
-Excludes OCI items, network infrastructure products, source code, general purpose toolkits, cryptanalytic items and encryption items n.e.s. -Product(s) must meet criteria in §§740.17(b)(3)(i) or §§740.17(b)(3)(ii) |
NOTES:
1 See Supplement No. 1 to part 740 of the EAR for a complete list of country groups
2 "T-7" = Cuba, Iran, Iraq, Libya, North Korea, Syria, and Sudan [Country Group E:1] - this includes exports and reexports (as defined in Section 734.2 of the EAR) of encryption source code and technology to nationals of these countries.
3 "EU+8" = Austria, Australia, Belgium, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Japan, Luxembourg, Netherlands, New Zealand, Norway, Poland, Portugal, Spain, Sweden, Switzerland and United Kingdom [See Supplement No. 3 to Part 740]
4 See §§740.17(e) for reporting requirements under License Exception ENC.
5 Except foreign products developed from U.S. source code and items from or to a U.S. bank (or financial institution) for banking (or financial) operations.
6 Exports and reexports to the EU+8 are authorized immediately upon registration of a complete review request (with BIS and the ENC Encryption Request Coordinator); 30-days after registration, exports and reexports to non-government end-users outside the EU+8 are authorized. Exports and reexports (of "retail" products) to government end-users outside the EU+8 require specific authorization from BIS.