• Company

    Company President And Employee Arrested In Alleged Scheme To Violate The Export Control Reform Act

  • Revision

    Revision to the Export Administration Regulations: Suspension of License Exceptions for Hong Kong” final rule published 07/31/2020 (85 FR 45998)

  • Registration

    Registration is Open for the BIS 2020 Virtual Conference, September 2

  • Acting

    Acting Under Secretary Hull Describes to an International Religious Freedom Panel Recent BIS Actions to Prevent Human Rights Abuses and Religious Repression in Xinjiang, China

  • Entity

    Entity List final rule published 7/22/20 (85 FR 44159)

  • California-Based

    California-Based Company, Company President and Employee Indicted in Alleged Scheme to Violate the Export Control Reform Act

  • Advanced

    Advanced Surveillance Systems and other Items of Human Rights Concern (85 FR 43532, 07/17/2020). Comments due on this notice of inquiry by no later than September 15, 2020

  • Massachusetts

    Massachusetts Man Sentenced to 46 Months for Smuggling Goods from the United States to Iran

  • FAQs

    FAQs for the Commerce Categories I-III (final rule) posted

  • Publication

    Publication of a 232 Report on the Effect of Imports of Steel on the National Security.

  • Publication

    Publication of a 232 Report on the Effect of Imports of Aluminum on the National Security.

  • Xinjiang

    Xinjiang Supply Chain Business Advisory

  • Suspension

    Suspension of License Exceptions for Hong Kong

  • Military

    Military End Use and End User FAQs

  • Revisions

    Revisions to EEI Filing Requirements Pursuant to Revisions to Section 744.21 (China/Russia/Venezuela military end use/end user rule)

  • Release

    Release of ‘‘Technology’’ to Certain Entities on the Entity List in the Context of Standards Organizations

  • Air

    Air Force Supply Chain Survey Deployment Press Release

  • Entity

    Entity List final rule (0694-AI02) published 6/5/20 (85 FR 34503)

  • Entity

    Entity List final rule (0694-AI07) published 6/5/20 (85 FR 34495)

  • Expansion

    Expansion of Export, Reexport, and Transfer (in-Country) Controls for Military End Use or Military End Users in the People’s Republic of China, Russia, or Venezuela

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Events

Encryption Controls Virtual Seminar August 25-26

BIS LogoAugust 25-26, 2020 Encryption Controls Virtual Seminar

The Encryption Controls virtual seminar is an in-depth session that will focus on the unique provisions related to encryption under the Export Administration Regulations (EAR).  Bureau of Industry and Security (BIS) licensing officers will provide a comprehensive overview of controls on encryption in the EAR, including what items are and are not controlled in Category 5 Part 2, License Exception ENC and mass market provisions (740.17), encryption classification and licensing, deemed exports, and rules regarding foreign product development using U.S. origin encryption parts and components.  The program will allow for live Q&A, provide detailed electronic reference materials for ongoing use, and allow attendees the opportunity to view recordings of the sessions for a limited period of time following the seminar.  Prerequisite:  The prerequisite for this course is completion of the Complying with Export Controls Seminar or equivalent experience.
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Complying with U.S. Export Controls Virtual Seminar September 9-10, 2020

louisville kySeptember 9-10, 2020 Complying with U.S. Export Controls

This two-day 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. 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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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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