• (09/20/2023):

    (09/20/2023): Registration is Open for the 2023 Update Conference on Export Controls and Policy November 28-30, 2023 Washington, D.C.

  • (09/18/2023):

    (09/18/2023): Russian International Money Launderer Arrested for Illicitly Procuring Large Quantities of U.S.-Manufactured Dual-Use Military Grade Microelectronics for Russian Elites

  • (09/07/2023):

    (09/07/2023): BIS Imposes Penalty Against Pratt & Whitney Component Solutions to Resolve 13 Alleged Violations of The Antiboycott Regulations

  • (08/31/2023):

    (08/31/2023): BIS Issues Temporary Denial Order in Support of Strike Force Case Against Russian National For Illegally Exporting Sensitive U.S.-Sourced Micro-Electronics with Military Applications to Russia

  • (08/28/2023):

    (08/28/2023): Bureau of Industry and Security Continues to Update Section 232 Exclusions Process

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Exporter Portal

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Everything you need to know about exporting

   

Lists of Parties of Concern

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Classifying Items Subject to the EAR

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Consolidated Screening List

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Export Administration Regulations

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Events

Complying with U.S. Export Controls, September 19-20, 2023

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In partnership with World Trade Center Louisville, BIS is offering a two-day in-person program that will cover the information exporters need to know to comply with U.S. export control requirements under the Export Administration Regulations. Click here for details. Click here for details.

 

 

Complying with U.S. Export Controls, October 25-26, 2023

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In partnership with Women in International Trade Orange County (WITOC), BIS is offering a two-day in-person program that will cover the information exporters need to know to comply with U.S. export control requirements under the Export Administration Regulations.  Click here for details.

 

   

License Exception ENC

740.17(b)(3)

Items described in 740.17(b)(3) require a classification request to be eligible for License Exception ENC. Mass market items (5A992.c or 5D992.c) that are described by 740.17(b)(3)(i), (ii), or (iv) can also be authorized by this section. In addition, items described in 740.17(b)(3)(iii) have a semi-annual sales reporting requirement and are not eligible for mass market.
Items described in 740.17(b)(3) include:


740.17(b)(3)(i):
-    Chips, chipsets, electronic assemblies, and field programmable logic devices;

-    Cryptographic libraries, modules, development kits and toolkits,

740.17(b)(3)(ii):

-    Products that provide or perform "non-standard cryptography".
      o    “Non-standard cryptography”  Means any implementation of “cryptography” involving the incorporation or use of proprietary or unpublished cryptographic functionality, including encryption algorithms or protocols that have not been adopted or approved by a duly recognized international standards body (e.g., IEEE, IETF, ISO, ITU, ETSI, 3GPP, TIA, and GSMA) and have not otherwise been published.

740.17(b)(3)(iii):

-    Certain types of advanced network vulnerability analysis and digital forensics products described in 740.17(b)(3)(iii) including:
      o    Automated network analysis, visualization, or packet inspection products that adapt in real-time to the operating environment; and
      o    Digital forensics products that triage captured digital forensics data for law enforcement purposes or in a similarly rigorous evidentiary manner.     

740.17(b)(3)(iv):

-    "Cryptographic activation" mechanisms.
      o    “Cryptographic activation” - Any technique that activates or enables cryptographic capability of an item, by means of a secure mechanism implemented by the manufacturer of the item, where this mechanism is uniquely bound to any of the following:
     (a) single instance of the item; or
     (b) One customer, for multiple instances of the item.

Technical Notes to definition of “Cryptographic activation”:
     1. “Cryptographic activation” techniques and mechanisms may be implemented as hardware, “software” or “technology”.
     2. Mechanisms for “cryptographic activation” can, for example, be serial number-based license keys or authentication

After an encryption classification has been submitted, all items under 740.17(b)(3) may be immediately exported to countries listed in Supplement No. 3 to Part 740.

There is a 30-day wait while the encryption classification is pending before exports of (b)(3) items may be made outside of the countries listed in Supplement No. 3 to Part 740.

After 30 days, the item may be exported outside of the Supplement No. 3 countries under either License Exception ENC (for 5A002 and 5D002 items) or NLR (for mass market items) other than E:1 and E:2 countries.

   
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