24 April 2000
Source: http://207.96.11.93/Encryption/lechart1.htm



U.S. Department of Commerce · Bureau of Export Administration
Office of Strategic Trade & Foreign Policy Controls · Information Technology Controls Division

COMMERCIAL ENCRYPTION EXPORT CONTROLS

 


4/19/00

ENCRYPTION LICENSE EXCEPTION CHART

This chart identifies all license exceptions that are applicable to encryption items.  It is not all inclusive and is meant only as initial guidance for exporters. For additional information, please refer to the appropriate sections of Part 740 of the Export Administration Regulations to ascertain other provisions, criteria and restrictions of each license exception.
License Exception Product Class of End-Users Country Scope Reporting Restrictions
LVS - §740.3 Components and spare parts for previously authorized exports Previously approved end-users Previously approved destinations No $500 or less
KMI - §740.8 Key recovery encryption products All Global, except T7 Yes Review and classification by BXA
TMP - §740.9 Encryption products Exporters or exporter's employees (also designated sales reps for exhibition and demonstration) For tools of trade, global, except E:2 countries and Sudan.
For exhibition and demonstration only in country group B
No - No beta test software
- Return in 1 year
- Must retain effective control
- Includes laptop with pre-loaded encryption
- For exhibition and demonstration-no more than 120 days in one location
RPL - §740.10 Components, parts, tools or test equipment All Global, except T7 No Refer to regulations
GOV - §740.11 Encryption items U.S. Government personnel and official offices Global No Must remain in effective control of personnel and offices
TSU - §740.13 Unrestricted encryption source code (open source code) All Global, may not knowingly export to T7 No - Notification at time of export
- Considered publicly available and not subject to licensing fees or royalties
BAG - §740.14 Encryption products U.S. persons, e.g., citizens or permanent residents Global, except T7 No - Personal ownership
- Not intended for sale
- Includes laptops w/ pre-loaded encryption
APR - §740.16 Encryption products All Export must be from an A:1 country and can only be destined to another A:1 country or a country in group B that is not also included in groups D:2, D:3, or D:4 No Refer to the regulations - restrictions vary
ENC §740.17(a)(1) Encryption items (includes technology) U.S. Subsidiaries (foreign employees, including contractors & consultants) Global, except T7 No - No review
- Developed items require review & classification by BXA prior to reexport, resale or transfer
ENC - §740.17(a)(2) Encryption commodities, software and components All, EXCEPT foreign government end-users Global, except T7 Yes - Review and classification by BXA
- Requires a license to export to foreign government end-users
-Telcos & ISPs must obtain a license to provide services specific to government end-users
ENC "retail" products -  §740.17(a)(3)(i),(ii),(iii),(iv) Encryption commodities, software and components All, INCLUDING foreign government end-users Global, except T7 Yes, except exports to individual consumers - Review and classification by BXA
- Product(s) must meet criteria specified in  §740.17(a)(3)(i)
ENC "retail" products - §740.17(a)(3)(vi) Finance-specific encryption products All Global, except T7 No - Review and classification by BXA
- Products must be highly field formatted with validation procedures
ENC "retail" products - §740.17(a)(3)(vii) Non-mass market 56-bit products with key exchanges between 512-1024 bits All Global, except T7 No Review and classification by BXA
ENC - §740.17(a)(5)(i) Commercial encryption source code (community source code) All Global, may not knowingly export to T7 Yes; only if foreign product developed for commercial sale - Notification at time of export
- Considered publicly available and subject to licensing fees or royalties
ENC - §740.17(a)(5)(ii),(iii) Commercial encryption source code and general purpose toolkits All, EXCEPT foreign government end-users Global, except T7 Yes - Review and classification by BXA
- Does not contain an Open Cryptographic Interface (OCI)