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    Chinese National Pleads Guilty to Illegal Exports to Northwestern Polytechnical University

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    G. Nagesh Rao Appointed to Chief Information Officer

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    U.S. officials from Departments of Energy, State, and Commerce celebrate 10 years of Malaysia’s strategic trade management

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    Russia: Implementation of Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 (CBW Act) Sanctions

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    U.S. Department of Commerce to Expand Restrictions on Exports to Russia in Response to Chemical Weapons Poisoning

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    Accused Iraqi Gun Smuggler Arraigned in U.S. District Court in Savannah

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    Expansion of Certain End-Use and End-User Controls and Controls on Specific Activities of U.S. Persons; CORRECTION; and Burma Santions.

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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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Entity List
Denied Persons List
Unverified List
MEU List

   

New to Exporting?

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In The News

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Classifying Items Subject to the EAR

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Commerce Control List Classification
Export Control Classification Numbers
Commerce Control List

   

Consolidated Screening List

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Report Violations

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Export Administration Regulations

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Export Administration Regulations


   

Events

Complying with U.S. Export Controls Virtual Seminar April 28-29, 2021

BIS Logo 01042012 72dpi CopyApril 28-29, 2021 Complying with U.S. Export Controls

 

This two-day on-line virtual program is led by BIS's professional counseling staff and provides an in-depth examination of the Export Administration Regulations (EAR). The program will cover the information exporters need to know to comply with U.S. export control requirements on commercial goods and some less sensitive military items. We will focus on what items and activities are subject to the EAR, how to determine your export control classification number (ECCN), steps to take to determine the export licensing requirements for your item, when you can export or reexport without applying for a license, export clearance procedures, and record keeping requirements.


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Complying with U.S. Export Controls Virtual Seminar June 8-11, 2021

BIS Logo 01042012 72dpi CopyJune 8-11, 2021 Complying with U.S. Export Controls

In partnership with Women in International Trade Orange County and utilizing the power of virtual, interactive learning tools, BIS is offering our popular Complying with U.S. Export Controls seminar as an online program. This interactive course delivers critical information for compliance with the Export Administration Regulations (EAR).

View Event 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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