Certain products and software with encryption features that are eligible for export under License Exception ENC (section 740.17(b) or have received Mass Market treatment under 742.15(b)(1) of the EAR are subject to annual reporting requirements.
The self-classification report for applicable encryption commodities, software and components exported or reexported during the last calendar year (January 1 through December 31, 2015) must be received by BIS and the ENC Encryption Request Coordinator no later than February 1, 2016.
Section 742.15(c) Annual Self-Classification Reporting Requirements
Paragraph (c) of 742.15 sets forth requirements for self-classification reporting to BIS and the ENC Encryption Request Coordinator (Ft. Meade, MD) of encryption commodities, software and components exported or reexported pursuant to encryption registration under §§ 740.17(b)(1) or 742.15(b)(1) of the EAR.
(1) When to report: A self-classification report for applicable encryption commodities, software and components exported or reexported during a calendar year (January 1 through December 31) must be received by BIS and the ENC Encryption Request Coordinator no later than February 1 the following year.
(2) How to report: Encryption self-classification reports must be sent to BIS and the ENC Encryption Request Coordinator via e-mail or regular mail. The submission should specify the export timeframe that the report spans and identify points of contact to whom questions or other inquiries pertaining to the report should be directed.
Follow these instructions for submissions:
- Submissions via e-mail: Submit an encryption self-classification report electronically to BIS at firstname.lastname@example.org and to the ENC Encryption Request Coordinator at email@example.com, as an attachment to an e-mail. Identify the e-mail with the subject “Self-classification report for ERN R######”, using the exporter’s most recent ERN in the subject line (so as to correspond the encryption self-classification report to the most recent encryption registration ERN).
- Submissions on disks and CDs: The self-classification report may be mailed to the following addresses, in lieu of sending via e-mail. A copy of the report must be sent to both addresses.
- Department of Commerce, Bureau of Industry and Security
Office of National Security and Technology Transfer Controls
14th Street and Pennsylvania Ave., NW., Room 2705
Washington, DC 20230
Attn: Encryption Reports
- Attn: ENC Encryption Request Coordinator
9800 Savage Road, Suite 6940
Ft. Meade, MD 20755-6000
(3) Information to report: An encryption self-classification report must include the information described in paragraph (a) of Supplement No. 8 for each applicable encryption commodity, software and component exported or reexported pursuant to an encryption registration under §§ 740.17(b)(1) or 742.15(b)(1) of the EAR.
If no information has changed since the previously submitted report, an exporter must either send an e-mail stating that nothing has changed since the previous report or submit a copy of the previously submitted report.
(4) File format requirements: The information described in paragraph (a) of Supplement No. 8 must be provided to BIS and the ENC Encryption Request Coordinator in tabular or spreadsheet form, as an electronic file in comma separated values format (.csv) adhering to the specifications set forth in paragraph (b) of Supplement No. 8.
If you have questions as to whether you are subject to the self-classification reporting requirements or need assistance in preparing and filing your annual self-classification report, please contact George Tuttle, III, at firstname.lastname@example.org or at (415) 986-8780.
George R. Tuttle, III, is an attorney with the Law Offices of George R. Tuttle in the San Francisco Bay Area.
The information in this article is general in nature, and is not intended to constitute legal advice or to create an attorney-client relationship with respect to any event or occurrence, and may not be considered as such.
Copyright © 2016 by Tuttle Law Offices.
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