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In most cases, your encryption item will be eligible for export under a license exception, so you should carefully review the encryption policy in Part 740 and 742.15 of the Export Administration Regulations (EAR) before you submit a license application. If your product and/or end-user do not qualify for a license exception or an encryption licensing arrangement, you must request an individual export license for your transaction. These license applications are reviewed on a case-by-case basis. This guidance is designed to help you in applying to export certain encryption items not eligible for a license exception or encryption licensing arrangement and should only be used in conjunction with the relevant portions of the Export Administration Regulations (EAR). Examples are encryption exports that require a license are exports of technology (ECCN 5E002), products that contain an open cryptographic interface, or "non-retail" products to government end-users located outside the countries listed in Supplement 3 to Part 740. Also, all exports of encryption items to the terrorist-supporting and embargoed countries require an export license.
You should first review Section 742.15 and Part 748 of the EAR. Section 742.15 describes the licensing policy for encryption items. Part 748 provides general guidance on applying for an export license.
This is the multipurpose application form you use to apply for a license. Since it is a multipart form, it is not available for downloading from the Web. However, you can request the form from BIS's homepage or by calling the Exporter Counseling Division at (202) 482-4811. In addition, instead of submitting a paper application form, you may apply over the internet using BIS's Simplified Network Application Process Redesign (SNAP-R).
If you will be exporting to more than one end-user, you must also obtain BIS Form 748P-B, and follow the instructions for Block 19 for each additional end-user. If you will be exporting more than one item, you must also obtain BIS Form 748P-A, which is an item appendix, and follow the instructions for Block 22 for each additional item. Follow the instructions on SNAP-R to add items or end-users electronically.
The form must be typed. For each block of the form, follow the instructions in Supplement 1 to Part 748 for license applications. When applying for an individual license, you may also follow the additional instructions below.
| Block |
Instruction |
|---|---|
| 5 |
mark the export or reexport box. This is extremely important. DO NOT mark classification request. If you do, the application will be returned to you. |
| 18 |
this block MAY NOT be left blank. Follow the instructions that came with the application form. |
| 19 |
follow the instructions that came with the application form for this block. |
| 21 |
describe the intended end use of the encryption item(s). |
| 22(a) |
The ECCN for encryption hardware is 5A002. The ECCN for encryption software is 5D002. The ECCN for encryption technology is 5E002. |
| 22(j) |
provide a brief technical description including the basic purpose of the item and the type of encryption used in the product or technology (e.g., 128-bit RC4 for secure e-mail, 2048 RSA for key exchange). Please DO NOT type 'see letter of explanation' or 'see brochure'. The information identified in this block is entered directly into the BIS computer system, and will be printed on the license issued by BIS. A brief technical description is essential. |
| 24 |
identify, by number, any previous licenses or classifications received for the same or similar encryption item. |
All other blocks or block portions appropriate for license applications should be completed in accordance with Part 748 of the EAR.
Supporting documents, such as technical specifications, should accompany the completed BIS 748P form. The supporting documents should include information about the encryption used, including the name and key length of the algorithm(s) in the product. In addition, you should include relevant information about the end-user(s). You should include a brief letter of explanation which summarizes your proposed transaction to expedite the processing of your application. Be sure to include BIS's Z number (e.g., Z999999) on your support documents
Please submit the original BIS Form 748P, 748P-A (if applicable), 748P-B (if applicable), and supporting documents, in accordance with Part 748 of the EAR, to the following address:
Bureau of Industry and Security
U.S. Department of Commerce
14th Street and Pennsylvania Avenue, NW
Room 2705,
Washington, D.C. 20444,
Attn: "Application Enclosed"
BIS will not accept applications sent C.O.D. If you submit the forms electronically, either through SNAP-R or ELAIN, please fax the supporting documents to BIS (fax number: 202-501-0784), or send them to the U.S. Department of Commerce, Bureau of Export Administration, Information Technology Controls Division, Room 2093, 14th & Pennsylvania Ave., NW, Washington, D.C. 20230.