• (8/12/2022)

    (8/12/2022) : Commerce Implements New Multilateral Controls on Advanced Semiconductor and Gas Turbine Engine Technologies

  • (8/09/2022)

    (8/09/2022) : United States Obtains Warrant For Seizure Of Airplane Of Sanctioned Russian Oligarch Andrei Skoch Worth Over $90 Million

  • (8/09/2022)

    (8/09/2022) : BIS Issues Charging Letter Against Chinese Company Far East Cable For Violating U.S. Export Controls Related To Shipments To Iran

  • (6/30/2022)

    (6/30/2022) : Update Conference on Export Controls and Policy June 29–July 1, 2022

  • (6/30/2022)

    (6/30/2022) : Bureau of Industry and Security Announces Changes to Administrative Enforcement Program

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Events

2022 Update Conference on Export Controls and Policy, June 29–July 1, 2022

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2022 Update Conference on Export Controls and Policy

Building a Network of Global Cooperation

The Bureau of Industry and Security (BIS) will offer a hybrid Update Conference on Export Controls and Policy Wednesday, June 29–July 1, 2022. This 35th annual conference will be offered in-person at the Marriott Marquis in Washington, D.C., and also virtually for the first two days. It will include keynote speakers, plenary sessions, breakout sessions, and an Exhibit Hall. Roundtable sessions with experts on many topics will be offered on the third day in-person only. There will be one reception at the end of the first day. The theme of this year’s conference is Building a Network of Global Cooperation.

 

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Encryption Controls, August 10-11, 2022

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Encryption Controls, August 10-11, 2022

 

In partnership with the Professional Association of Exporters and Importers (PAEI), BIS is offering the Encryption Controls seminar as a live virtual event that will focus on the unique provisions related to encryption under the Export Administration Regulations (EAR).

 

View Event Details

 

 

Complying with U.S. Export Controls, June 14-17, 2022 
   

There are no EAR obligations associated with the item unless it is exported, reexported, or transferred. These are specially defined terms in the EAR. See Section 734 for guidance on the definition of export, reexport, and transfer.

Certain foreign made items that contain less than a de minimis amount of U.S. origin content are not subject to the EAR. See 734.4 of the EAR.

Publicly Available:

Encryption items that are publicly available as further described below are not subject to the Export Administration Regulation. Sections 734.3(b)(3) and 734.7 define what is publicly available and published. Common examples are free apps posted online or mass market software available as a free download.

Specifically:

1. Mass market encryption object code software that is made "publicly available"

   •Once the mass market item is properly classified under the relevant section of 740.17(b)(1) or (b)(3) (after a classification by BIS (5D992.c) or self-classification with self-classification report), if the software is then made "publicly available" it is not subject to the EAR.
   •For example, an App made for a smartphone or computer that that meets the Mass Market criteria (as described in Note 3 of Cat. 5 Part 2) that is made available free of charge would be considered "publicly available". In this case you would have to first comply with the mass market requirement under 740.17 (b)(1) or (b)(3) by self-classification as 5D992.c with self-classification report (or submitting classification request to BIS) only once. Then, if the item is made publicly available (e.g., free to download) it would be considered not subject to the EAR anymore.

2. "Publicly available" encryption source code is not subject to the EAR once the email notification per section 742.15(b) is sent.

   •A common example would be open source encryption source code available for free online.

3. "Publicly available" encryption object code is not subject to the EAR when the corresponding source code is also "publicly available" and has been notified as specified under Part 742.15(b).

Note 1: Notifications made before September 2016 under License Exception TSU (740.13) remain valid under 742.15. A new notification is not required.

Note 2: While open source code itself may be publicly available and not subject to the EAR, an item is not considered publicly available merely because it incorporates or calls to publicly available open source code. Rather, a new item with encryption functionality has been created which would need to be evaluated as a whole under the EAR.

 

 

   
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