EAR citations on this page may be found in the
December 9, 2004 Encryption Rule
on the Government Printing Office Web site
You may export and reexport certain encryption items under Export Commodity Classification Control Numbers (ECCNs) 5A992, 5D992, and 5E992, after you submit the information described in paragraphs (a)-(e) of Supplement 6 to Part 742 of the Export Administration Regulations (EAR) to both BIS and the ENC Encryption Request Coordinator. The following items require such notification:
Items performing limited cryptographic functions specifically listed in the "Related Controls" or "Technical Notes" (e.g., access control systems, data authentication equipment, certain smart cards, certain cellular telephones, etc.) under ECCN 5A002 in Category 5, Part 2 of the Commerce Control List (CCL) do not require notification or review by BIS prior to export or reexport. However, you should have your "information security" and encryption items formally reviewed by BIS if you are unsure of whether they require notification, review, or licensing. You should also submit a formal encryption review request if you are unsure of how to classify your items, or if you want to verify that a particular item or technology controlled under ECCN 5A992, 5D992, or 5E992 may be exported without a license (No License Required (NLR)). To request this formal review, follow the procedures under Guidance for License Exception ENC. In submitting your review request, enter "NLR encryption" instead of "License Exception ENC" in Block 9 (Special Purpose) of the BIS Form 748P.
This guidance is designed to help you notify BIS when exporting certain encryption items controlled under ECCNs 5A992, or 5D992 and should be used in conjunction with the relevant portions of the EAR. Before you export and reexport such encryption items, you should read Section 742.15 and Supplement 6 to Part 742 of the EAR. Section 742.15 is the principal regulatory reference for the export of certain items controlled under ECCNs 5A992, 5D992 or 5E992. Supplement 6 to Part 742 specifies the information you must submit to BIS prior to export. You should collect all of the information relevant to your export, as described in paragraphs (a)-(e) of Supplement 6 to Part 742 of the EAR.
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.
[Note: The links in this paragraph will automatically generate an email to both.]
Alternatively, you can submit your notification by U.S. mail to the addresses listed below.
In the SUBJECT line of your e-mail, "NLR
[Note: This is already done for you if you click on any of the email links above.]
In the body of your e-mail, enter the following information:
SUBMISSION TYPE: Type in "NLR"
SUBMITTED FOR: (Name of company or person exporting the encryption item)
POINT OF CONTACT:
PHONE and/or FAX:
MANUFACTURER: (If relevant)
PRODUCT NAME/MODEL #:
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.
Alternative formatting instructions for notifications by FAX or U.S. mail:
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
Washington, D.C. 20230
Attn: "NLR SUBMISSION ADDENDA ENCLOSED"
For notifications by FAX or mail, you must also send a copy to:
Attn: ENC Encryption Request Coordinator
9800 Savage Road, Suite 6940
Ft. Meade, MD 20755-6000