December 9, 2004
Effective December 9, 2004, the Export Administration Regulations (EAR) have been amended in order to streamline and strengthen export and reexport controls on encryption items.
Links to these and other changes in the encryption control regulations are available at: Federal Register, Vol 69 No. 236, Dec. 9, 2004.
All encryption items are eligible for 30 day review based on a more clearly articulated set of eligibility criteria.
- The European Union "license-free zone" has been updated. BIS has expanded the list of countries to which certain encryption items may be sent immediately (i.e., without a 30 day waiting period) once a review request is submitted to the U.S. Government. See Supplement No. 3 to part 740 of the EAR.
- References to "retail" have been removed. To alleviate confusion with respect to the treatment of "mass market" encryption products under §742.15(b)(2) of the EAR, BIS has removed the word "retail" from License Exception ENC (except from a "grandfathering" paragraph that allows the continued export and reexport of encryption commodities and software previously classified as "retail" without additional review).
Please contact George R. Tuttle, III at (415) 288-0428 or via email at email@example.com, if you would like additional information on how these changes may affect your company or exports of encryption products and software.
George R. Tuttle, III is an attorney with the Law Offices of George R. Tuttle in San Francisco. 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.
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