The semi-annual reporting requirement for License Exception ENC can be found in 740.17(e) of the Export Administration Regulations (EAR). See 740.17(e)(i) and (ii) for specific instructions.
Semi-annual reporting is required for exports to all destinations other than Canada, and for reexports from Canada, ONLY for items described under paragraphs 740.17(b)(2) and 740.17(b)(3)(iii) of the EAR.

Certain encryption items and transactions are excluded from this reporting requirement, see paragraph 740.17(e)(1)(iii) of this section. These exclusions include:

•    Encryption commodities or software with a symmetric key length not exceeding 64 bits.
•    Encryption items exported (or reexported from Canada) via free and anonymous download.
•    Encryption items from or to a U.S. bank, financial institution or its subsidiaries, affiliates, customers or contractors for banking or financial operations.
•    Foreign products developed by bundling or compiling of source code.

what when to file

 

Reporting Key Length Increases

Reporting is required for commodities and software that, after having been classified and authorized for License Exception ENC in accordance with paragraphs (b)(2) or (b)(3) of this section, are modified only to upgrade the key length used for confidentiality or key exchange algorithms. Such items may be exported or reexported under the previously authorized provision of License Exception ENC without a classification resubmission.

What to file for reporting key length increases:

•    Certification that no other encryption changes have been made.
•    Original Commodity Classification Automated Tracking System (CCATS).
•    New key length.

When and where to file for reporting key length increases:

•    The report must be received by BIS and the ENC Encryption Request Coordinator before the export or reexport of the upgraded product; and
•    The report must be e-mailed to This email address is being protected from spambots. You need JavaScript enabled to view it. and This email address is being protected from spambots. You need JavaScript enabled to view it..

   
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