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:
TMP - §§740.9(a)(2)(i) "Temporary exports - Tools of trade"
Type of Products: Encryption products, including laptops with pre-loaded
encryption
Class of End-Users: Exporters or employees of the exporter
Country Scope: (1) global, except
Country Group E:2 countries and Sudan.
Reporting Requirements: No
Restrictions: Return in 1 year; Must retain effective control and ownership
License Exception:
TMP - §§740.9(a)(2)(iii) "Temporary exports - Exhibition and demonstration"
Type of Products: Encryption products, including laptops with pre-loaded
encryption
Class of End-Users: Exporters, employees of the exporter, or designated
sales reps of the exporter
Country Scope: (1) global, except
Country Group E:1(2) ("T-7")
Reporting Requirements: No
Restrictions: Return in 1 year; Must retain effective control and ownership;
No more than 120 days in one location; Cannot be used for their intended purpose,
except for minimum extent required for effective demonstration
License Exception:
BAG - §§740.14
Type of Products: Encryption products for personal use, including laptops
with pre-loaded encryption
Class of End-Users: U.S. citizens or permanent resident aliens
Country Scope: (1) Global, except
Country Group E:1(2) ("T-7")
Reporting Requirements: No
Restrictions: 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
License Exception:
TMP - §§740.9(c) "beta test software"
Type of Products: Beta test encryption software intended to be "mass
marketed" to the general public after completion of beta testing
Class of End-Users: Certified testing consignees (see §§740.9(c)(5))
Country Scope: (1) For beta test
encryption software: global, except Country Group E:1(2)
("T-7")
Reporting Requirements: Yes -- see §§740.9(c)(8) for notification and
reporting requirements specific to beta test encryption software.
Restrictions: 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.
License Exception:
TSU -- §§740.13(e)
Type of Products: Encryption source code that would be considered "publicly
available" (e.g. "open source") and corresponding object code
Class of End-Users: All
Country Scope: (1) Global, may
not knowingly export to Country Group E:1(2)
("T-7")
Reporting Requirements: No
Restrictions: Notification or copy by time of export
License Exception:
ENC -- §§740.17(a)
Type of Products: Encryption items (including technology and "open
cryptographic interface" items)
Class of End-Users: Government and non-government end-users and subsidiaries
Country Scope: (1) Located in
Supplement 3 to Part 740 countries (3)
("EU+8"); subsidiaries not located in Country Group E:1(2)
("T-7")
Reporting Requirements: Yes (4)
Restrictions: Requires review (immediate export upon registration of complete
review request); Excludes cryptanalytic items to government end-users
License Exception:
ENC -- §§740.17(b)(1)
Type of Products: Encryption items (includes source code, technology
and "open cryptographic interface" -- OCI items)
Class of End-Users: Foreign U.S. subsidiaries (includes foreign employees,
contractors and interns)
Country Scope: (1) Global, except
Country Group E:1(2) ("T-7")
Reporting Requirements: No
Restrictions: No review for internal company use; Developed products
require review prior to reexport, resale or transfer outside the company
License Exception:
ENC - §§740.17(b)(2)
Type of Products: Encryption commodities, software and components;
network infrastructure encryption products; commercial source code and general
purpose toolkits
Class of End-Users: Non-government end-users Country Scope: (1)
Global, except Country Group E:1(2)
("T-7")
Reporting Requirements: Yes (4,
5)
Restrictions: Requires ENC review (6)
; Excludes OCI and technology items; *Note(A license is required to government
end-users outside EU+8)
License Exception:
ENC -- "retail" products §§740.17(b)(3)
Type of Products: Encryption commodities, software and components
Class of End-Users: Non-government AND government end-users
Country Scope: (1) Global except
Country Group E:1(2) ("T-7")
Reporting Requirements: Yes (4)
,except as described in §§740.17(e)(4)
Restrictions: 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)
1See 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.