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U.S. Department of Commerce · Bureau of Export Administration
Office of Strategic Trade & Foreign Policy Controls · Information Technology Controls Division

COMMERCIAL ENCRYPTION EXPORT CONTROLS


1/19/00

ENCRYPTION LICENSING CHART

This chart compares licensing mechanisms for specified encryption items under the encryption regulation published on January 14, 2000, with the licensing mechanisms available for these items prior to that date. The chart is not all inclusive and is only meant as general guidance for exporters. Please refer to the Export Administration Regulations, in particular Part 740 and Section 742.15, for other provisions, criteria and restrictions for these Licensing mechanisms.

 

Product

Previous Licensing Mechanism

Update99 Licensing Mechanism

Technical Review

Reporting

Mass Market Software up to 56-bits or equivalent with up to 1024 key exchange

TSU

NLR

Yes1,2

No

Mass Market Hardware up to 56-bits or equivalent with up to 1024 key exchange

ENC

NLR

Yes1,2

No

Mass Market Hardware and Software up to 64-bits or equivalent

IL/ELA

NLR

Yes1,2

No

Non-Mass Market Hardware and Software up to 56-bits or equivalent with 512 key exchange

ENC

NLR

Yes1,2

No

Non-Mass Market Hardware and Software up to 56-bits with key exchange greater than 512 bits and up to 1024 bits

ENC

ENC

Yes1,2

No

Components (chips, toolkits) up to 56-bits

IL/ELA

NLR

Yes1

No

Retail products

IL/ELA/L.E.

ENC

Yes

Yes, except to individuals

Components (chips, application specific toolkits) exceeding 56-bits

IL/ELA

ENC

Yes1,3

Yes

General Purpose Toolkits

IL/ELA

ENC

Yes1,3

Yes

Source Code (publicly available, unrestricted)

IL/ELA

TSU

No3,4

No

Source Code (publicly available with restrictions)

IL/ELA

ENC

No3,4

Yes

Source Code (other)

IL/ELA

ENC

Yes1,3

Yes

Notes:
1. Grandfathered, if previously reviewed under a license or license exception (see 740.17(e)(2))
2. If previously reviewed, key length increases require notification only (see 742.15(b)(1)(B))
3. No review of foreign products(s)
4. BXA Notification at time of export is required

ELA-Encryption Licensing Arrangement
IL- Individual License
L.E.- License Exception
NLR-No License Required (5A992/5D992)

 



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