What is the classification for mass market encryption software?
ECCN 5D992
Mass Market encryption software products are classified with ECCN 5D992 and with the exception of embargoed countries, they may be exported without further license in respect to EAR.
What is mass market software?
Definition. Mass-market software is. software that is (1) generally available to the public by sale, without restriction, from stock at retail selling points through over-the-counter, telephone, and mail transactions and (2) designed for user installation without substantial supplier support.
What is ECCN 5A992?
5A992. c (and software equivalence controlled under 5D992. b (and software equivalence controlled under 5D002. b) applies to items designed or modified to enable, by means of “cryptographic activation,” an item to achieve/exceed the controlled performance levels for functionality specified by 5A002.
Does ECCN 5A992 C require a license?
Although a 5A992. c and 5D992. c item does not require a license exception to go to most places (because it is only Anti-Terrorism controlled) they are described in License Exception ENC 740.17, which includes the submission requirements that need to be made to BIS.
What is ECCN 5D992 C?
c components and ECCN 5D992. c ‘executable software’ of mass market products, except for non-standard cryptography as defined in part 772 of the EAR. With the elimination of this classification request requirement, many ECCN 5A992.
What does ECCN 5D002 mean?
5D002 — software. 5E002 — technology for the development, production, or use of equipment or software controlled by 5A002 or 5D002, including information that takes the form of technical assistance.
What is difference between ITAR and EAR?
What’s The Difference Between ITAR and EAR? International Traffic In Arms (ITAR): Regulates the sale, distribution, and manufacturing of defense-related items. The Export Administration Regulations (EAR): Regulates dual-use items not covered by ITAR, but still applies to some defense-related items.
What is the difference between EAR99 and NLR?
What is the difference between EAR99 and NLR? EAR99 is a classification designation for an item that is subject to the EAR but not specifically described by an ECCN on the CCL. NLR, which stands for “No License Required,” is a shipment designation.
Is cryptography a munition?
Since World War II, many governments, including the U.S. and its NATO allies, have regulated the export of cryptography for national security reasons, and, as late as 1992, cryptography was on the U.S. Munitions List as an Auxiliary Military Equipment.
Are there any requirements for mass market encryption?
With the exception of a limited set of certain mass market encryption-related components and “executable software” (discussed below), the final rule largely eliminates annual self-classification reporting requirements for the vast majority of “mass market” encryption items and software, including many mass market “apps” incorporating encryption.
Can a mass market software be exported under ENC?
This means that most mass market software can be self-classified and exported to most destinations under License Exception encryption commodities, software, and technology (ENC) without the ongoing regulatory burdens associated with annual self-classification reporting.
What makes encryption software not subject to ear?
“Publicly available” mass market encryption software that does not meet the criterion of “symmetric key length exceeding 64 bits” is not subject to the EAR; neither is any “publicly available” encryption software that is classified under ECCN 5D992 for reasons other than a “mass market” determination.
Can a software be classified as mass market?
Software authorized for export and reexport under section 742.15 (b) (1) pursuant to registration and self-classification must still be included in the exporter’s annual self-classification report for the calendar year during which it was self-classified as “mass market” software.