Main License Exceptions

ENC 740.17(b)(3) “Unrestricted” Encryption Items:

• Item has been reviewed by the U.S. Department of Commerce Bureau of Industry and Security (BIS) and CCATS issued

• classified by BIS under the ECCN 5A/D002

• authorized for export from the U.S. under License Exception ENC 740.17(b)(3) of the US Export Administration Regulations (EAR)

• eligible end-users : both government end-users and commercial/non-government end-users

• eligible destinations: worldwide, except Cuba, Iran, North Korea, Sudan and Syria

ENC 740.17(b)(1) Encryption Items:

• Classification review has been registered with the BIS

• classified under the ECCN 5A/D002

• authorized for export from the U.S. under License Exception ENC 740.17(b)(1) of the EAR

• eligible end-users : both government end-users and commercial/non-government end-users

• eligible destinations : ONLY the following 35 “ENC Favorable Treatment Countries” listed in Part 740 Supplement 3:

Australia, Austria, Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Lithuania, Luxembourg, Malta, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey, United Kingdom.

ENC 740.17(b)(2) “Restricted” Encryption Items:

• Item has been reviewed by the BIS and CCATS issued

• classified by BIS under the ECCN 5A/D002

• authorized for export from the U.S. under License Exception ENC 740.17(b)(2) of the EAR

• eligible end-users : Commercial/ Non-government end-users ONLY eligible end-users : both government end-users and commercial/non-government end-users

• eligible destinations: worldwide, except Cuba, Iran, North Korea, Sudan and Syria.

Government end-users as applicable to encryption items is defined as:

any foreign central, regional or local government department, agency, or other entity performing governmental functions; including governmental research institutions, governmental corporations or their separate business units (as defined in part 772 of the EAR) which are engaged in the manufacture or distribution of items or services controlled on the Wassenaar Munitions List, and international governmental organizations.

This term does not include: utilities (including telecommunications companies and Internet service providers); banks and financial institutions; transportation; broadcast or entertainment; educational organizations; civil health and medical organizations; retail or wholesale firms; and manufacturing or industrial entities not engaged in the manufacture or distribution of items or services controlled on the Wassenaar Munitions List.