United States Government Publishing Office publisher pbl distributor dst United States National Archives and Records Administration Office of the Federal Register author aut Government Organization text government publication eng FR Regulatory Information 2008_register executive 2014-05-29 article Rules and Regulations D09002ee1c80809db D09002ee1c8080a6f United States Department of Commerce originator org United States Government Agency or Subagency United States Bureau of Industry and Security originator 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 Title 15 Part 732 15 CFR Part 732 Title 15 Part 734 15 CFR Part 734 Title 15 Part 738 15 CFR Part 738 Title 15 Part 740 15 CFR Part 740 Title 15 Part 742 15 CFR Part 742 Title 15 Part 744 15 CFR Part 744 Title 15 Part 746 15 CFR Part 746 Title 15 Part 748 15 CFR Part 748 Title 15 Part 750 15 CFR Part 750 Title 15 Part 762 15 CFR Part 762 Title 15 Part 770 15 CFR Part 770 Title 15 Part 772 15 CFR Part 772 Title 15 Part 774 15 CFR Part 774 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 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 fdlp 57475 58017 DGPO 2014-05-29 2024-06-05 FR-2008-10-03 machine generated eng FR FR-2008-10-03 73 193