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EAR citations on this page may be found in the
December 9, 2004 Encryption Rule
on the Government Printing Office Web site
This guidance is designed to help you notify BIS when exporting beta test software under License Exception TMP, and should be used in conjunction with the relevant portions of the Export Administration Regulations (EAR). EAR Section 740.9(c) is the principal authority regarding the export of beta test encryption software under License Exception TMP, including eligibility, notification and post-export reporting requirements. Paragraphs (a)-(e) of Supplement No. 6 to Part 742 of the EAR specify the information you must submit to BIS and the ENC Encryption Request Coordinator by the time of export. As described in Section 740.9(c)(8)(i) of the EAR, your notification must include all of the technical information that is relevant to your export.
Final encryption products are subject to all applicable notification, review or licensing requirements set forth in the EAR, including the "greater than 64-bit mass market encryption" provisions of Section 742.15(b)(2) and the License Exception ENC provisions of Section 740.17.
By the time of export, E-Mail
the information required by Supplement 6 to Part 742 to BIS and to the ENC Encryption Request Coordinator in the
format that follows.
[Note: The e-mail link in this paragraph will automatically generate an email
to both for you.]
In the SUBJECT line of your E-Mail,
enter: "BETA TEST NOTIFICATION"
[Note: This has already been done for you if you click on the email link above.]
In the body of your e-mail, enter the following information:
SUBMISSION TYPE: BETA TEST
SUBMITTED BY:
SUBMITTED FOR: (Company or person exporting the encryption item)
POINT OF CONTACT:
PHONE:
FAX:
MANUFACTURER:
PRODUCT NAME/MODEL #:
ECCN: 5D002
RESPONSES TO QUESTIONS (a)-(e) OF SUPPLEMENT 6 TO PART 742 OF THE EAR: You may attach a document providing the information requested in Supplement 6 to Part 742, or incorporate the information in the e-mail. Some questions may not be applicable to your submission. If this is the case, please indicate "N/A" in the response to this information.
If your documents are not in electronic form or are too large to serve as an e-mail attachment, you may print a copy of your e-mail as a cover sheet and fax the additional documents to BIS at (202) 219-9179 or -9182. You may fax a complementary copy to the Information Technology Controls Division (ITCD) at 202-501-0784. Alternatively you may mail your notification to BIS to the following address:
U.S. Department of Commerce
Bureau of Industry and Security
Office of National Security and Technology Transfer Controls (NSTTC)
14th Street and Pennsylvania Avenue, NW
Room 2705
Washington, D.C. 20230
Attn: "BETA TEST SOFTWARE SUBMISSION ADDENDA ENCLOSED"
For notifications by FAX or mail, you must also send a copy of the notification and Supplement 6 to Part 742 information to the ENC Encryption Request Coordinator at the following address:
Attn: ENC Encryption Request Coordinator
9800 Savage Road Suite 6940
Ft. Meade, MD 20755-6000