BIS Posts FAQs, Guidance on Interim Final Rule on Encryption Export Controls
The Bureau of Industry and Security has posted to the encryption section of its Web site a set of frequently asked questions regarding its recent interim final rule on encryption simplification.
These FAQs answer the following questions:
- What is an encryption registration? How long does it take to receive a response from BIS for my encryption registration?
- Who is required to submit an Encryption Registration, classification request or self-classification report?
- What are my responsibilities for exporting or re-exporting encryption products where I am not the producer?
- What should I do if I cannot obtain the encryption registration Number (ERN) or the Export Control Classification Number (ECCN) for the item from the producer or manufacturer?
- Can a third-party applicant submit an encryption registration and self-classification report on my behalf?
- How do I report exports and reexports of items with encryption?
- Can I export encryption technology under License Exception ENC?
- What is “non-standard cryptography”?
- How do I complete Supplement No. 5 if I am a law firm or consultant filing on behalf of a producer of encryption items?
- What if you are not the producer of the item or filing directly on behalf of the producer (e.g., law firm/consultant)?
- What do I need to submit with an encryption commodity classification request in SNAP-R?
- Is Supplement No. 6 to Part 742 required for obtaining paragraph 740.17(b)(1) authorization?
- How do I submit a Supplement No. 8 --Self-Classification Report for Encryption Items?
- When do I file Supplement No. 8 --Self-Classification Report for Encryption Items?
- What is Note 4?
Specific Guidance on Encryption Registration, Self-Classification Reports, Etc.
BIS has also posted specific guidance on the following topics:
- Is an item classified under Category 5, Part 2, of the EAR
- May the encryption item be self-classified and exported without encryption registration
- How to file an encryption registration
- How to file an annual self-classification report
- What items require an encryption classification
- How to file a License Exception ENC classification request
- How and when to file semi-annual reports
- How to file a mass market classification request
- How to file an encryption license application
- How are existing classifications grandfathered into the new regulations
- Items removed from encryption controls
- Changes to License Exception ENC
- Changes to Mass Market provisions
- Charts on License Exception ENC and Mass Market