Encryption Controls

What this guide settles

• EI items specified in §742.15(a)(1) generally need a licence everywhere except Canada — but release notes, the primary-function exclusion and the mass market note take many items out of 5A002
• Mass market (5A992, 5D992) removes EI and NS controls, not the EAR: AT controls, embargoes and Part 744 still apply
• License Exception ENC works in tiers — no request, self-classification, or a classification request with immediate or 30-day authorization — and never reaches E:1 or E:2
• Reports apply only where their scope is met; US encryption inside your product counts for de minimis only under §734.4(b)(1)

What you get

• The guide: explanations, method, conditions and limits
• Worked examples: ENC paragraph by paragraph, the Note 3(a) and 3(b) mass market tests, a who-does-what table, the Wind River case commented and ten pitfalls
• Tools printed in the guide: four templates, including a reporting calendar, and a readiness check
• Sources with section references and their verification date
• Revisions included for 12 months

Printed tools: T1 · Cryptography inventory and classification · T2 · Authorization and products worksheet · T3 · Procedures and reporting calendar · T4 · Decision record and review triggers · Readiness check

Contents

1. Before you start: scope and limits
2. Why encryption is different
3. The rule in one page
4. ENC and its procedures
5. The method in six steps
6. Templates T1 to T4
7. Ten pitfalls
8. Case study: Wind River, 2014
9. Readiness check

What it does not cover

• Military cryptography on the USML
• Cryptanalytic and digital forensics items (5A004)
• Licences and Encryption Licensing Arrangements

Assumed knowledge. Knowing how to find an ECCN, how licence exceptions work in general, and how de minimis works.

Sample pages

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Where it connects

Part of a collection

Encryption Controls is one of the eight guides of EAR: Scope, Licensing & Exceptions (Understand the Rules), available together at €390 instead of €89 each.