The US Bureau of Industry and Security (BIS) has published a significant rule revising the encryption provisions of the Export Administration Regulations (EAR), including License Exception ENC and mass-market eligibility.
Key points
- Introduces encryption registration, replacing many prior technical reviews.
- Allows many mass-market products to be self-classified and exported without waiting for BIS review.
- Adds Note 4 to Category 5 Part 2, removing many items whose primary function is not information security.
- Retains classification requests and reporting for more sensitive encryption items.
- Embargoed and sanctioned destinations remain subject to strict controls.
The EAR apply to US-origin items wherever they are, including when incorporated into non-US products. UK organisations re-exporting or building on US encryption technology should check how their products are classified.
Source: BIS encryption export controls interim final rule, 75 FR 36482 (Federal Register)
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