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2014-05-29
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Encryption Simplification
Rules and Regulations
D09002ee1bdd8635a
D09002ee1bdd863e7
United States
Department of Commerce
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org
United States Government Agency or Subagency
United States
Bureau of Industry and Security
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org
United States Government Agency or Subagency
This interim final rule amends the Export Administration Regulations (EAR) to make the treatment of encryption items more consistent with the treatment of other items subject to the EAR, as well as to simplify and clarify regulations pertaining to encryption items. The restrictions pertaining to technical assistance by U.S. persons with respect to encryption items are removed, because the current export and reexport restrictions set forth in the EAR for technology already include technical assistance. This rule also removes License Exception KMI as it has become obsolete because of developments in uses of encryption. In addition, this rule removes notification requirements for items classified as 5A992, 5D992, and 5E992. This rule also increases certain parameters under License Exception ENC, which is intended to reflect advances in technology. This rule adds two new review and reporting requirement exclusion paragraphs under License Exception ENC for wireless ``personal area network'' items and for ``ancillary cryptography'' items. This rule also adds Bulgaria, Canada, Iceland, Romania, and Turkey to the list of countries that receive favorable treatment under License Exception ENC. Commodities and software pending mass market review may no longer be exported under ECCNs 5A992 and 5D992 using No License Required (NLR). However, once the mass market review has been received by BIS, then such commodities and software may be exported using License Exception ENC under ECCNs 5A002 and 5D002. This rule will reduce the paperwork burden on the public by 9% (annual dollar amount savings of approximately $14,000 to the public and $5,000 to the U.S. Government), because of the removal of certain notification requirements, addition of countries to the list of those receiving favorable treatment under License Exception ENC, and the increase of reporting and review requirement exclusions. The Departments of Commerce, State and Defense will continue to review export control, license review policies, and license exceptions for encryption items in the EAR.
73 FR 57495
https://www.govinfo.gov/app/details/FR-2008-10-03/E8-23201
E8-23201
fr03oc08-4
RIN 0694-AE18
3510-33-P
Docket No. 080211163-81224-01
https://www.govinfo.gov/app/details/FR-2008-10-03/E8-23201
https://www.govinfo.gov/content/pkg/FR-2008-10-03/html/E8-23201.htm
https://www.govinfo.gov/content/pkg/FR-2008-10-03/pdf/E8-23201.pdf
Administrative Practice and Procedure
Exports
Reporting and Recordkeeping Requirements
Terrorism
Business and Industry
Confidential Business Information
18 p.
57495
57512
73 FR 57495
Code of Federal Regulations
Title 15 Part 732
15 CFR Part 732
Code of Federal Regulations
Title 15 Part 734
15 CFR Part 734
Code of Federal Regulations
Title 15 Part 738
15 CFR Part 738
Code of Federal Regulations
Title 15 Part 740
15 CFR Part 740
Code of Federal Regulations
Title 15 Part 742
15 CFR Part 742
Code of Federal Regulations
Title 15 Part 744
15 CFR Part 744
Code of Federal Regulations
Title 15 Part 746
15 CFR Part 746
Code of Federal Regulations
Title 15 Part 748
15 CFR Part 748
Code of Federal Regulations
Title 15 Part 750
15 CFR Part 750
Code of Federal Regulations
Title 15 Part 762
15 CFR Part 762
Code of Federal Regulations
Title 15 Part 770
15 CFR Part 770
Code of Federal Regulations
Title 15 Part 772
15 CFR Part 772
Code of Federal Regulations
Title 15 Part 774
15 CFR Part 774
Regulation Identification Number 0694-AE18
RIN 0694-AE18
Encryption Simplification; Federal Register Vol. 73, Issue
RULE
E8-23201
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
2008-10-03
Docket No. 080211163-81224-01
3510-33-P
E8-23201
Interim final rule.
This interim final rule amends the Export Administration Regulations (EAR) to make the treatment of encryption items more consistent with the treatment of other items subject to the EAR, as well as to simplify and clarify regulations pertaining to encryption items. The restrictions pertaining to technical assistance by U.S. persons with respect to encryption items are removed, because the current export and reexport restrictions set forth in the EAR for technology already include technical assistance. This rule also removes License Exception KMI as it has become obsolete because of developments in uses of encryption. In addition, this rule removes notification requirements for items classified as 5A992, 5D992, and 5E992. This rule also increases certain parameters under License Exception ENC, which is intended to reflect advances in technology. This rule adds two new review and reporting requirement exclusion paragraphs under License Exception ENC for wireless ``personal area network'' items and for ``ancillary cryptography'' items. This rule also adds Bulgaria, Canada, Iceland, Romania, and Turkey to the list of countries that receive favorable treatment under License Exception ENC. Commodities and software pending mass market review may no longer be exported under ECCNs 5A992 and 5D992 using No License Required (NLR). However, once the mass market review has been received by BIS, then such commodities and software may be exported using License Exception ENC under ECCNs 5A002 and 5D002. This rule will reduce the paperwork burden on the public by 9% (annual dollar amount savings of approximately $14,000 to the public and $5,000 to the U.S. Government), because of the removal of certain notification requirements, addition of countries to the list of those receiving favorable treatment under License Exception ENC, and the increase of reporting and review requirement exclusions. The Departments of Commerce, State and Defense will continue to review export control, license review policies, and license exceptions for encryption items in the EAR.
Effective Date: This rule is effective October 3, 2008.
For questions of a general nature contact Sharron Cook, Office of Exporter Services, Regulatory Policy Division at (202) 482-2440 or E-Mail: scook@bis.doc.gov.
Administrative Practice and Procedure
Exports
Reporting and Recordkeeping Requirements
Terrorism
Business and Industry
Confidential Business Information
Encryption Simplification,
cpratt@bis.doc.gov
crypt@bis.doc.gov
enc@nsa.gov
jseehra@omb.eop.gov
publiccomments@bis.doc.gov
scook@bis.doc.gov
Federal Register
Vol. 73, no. 193
Office of the Federal Register, National Archives and Records Administration
2008-10-03
continuing
daily
deposited
born digital
552 p.
Table of Contents:
AE 2.7:
GS 4.107:
AE 2.106:
KF70.A2
https://www.govinfo.gov/app/details/FR-2008-10-03
P0b002ee1892c813c
0097-6326
0042-1219
0364-1406
769-004-00000-9
000582072
f:fr03oc08
https://www.govinfo.gov/app/details/FR-2008-10-03
https://www.govinfo.gov/content/pkg/FR-2008-10-03/pdf/FR-2008-10-03.pdf
https://www.govinfo.gov/content/pkg/FR-2008-10-03/xml/FR-2008-10-03.xml
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57475
58017
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2014-05-29
2023-05-02
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FR-2008-10-03
73
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