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EAR citations on this page may be found in the
December 9, 2004 Encryption Rule
on the Government Printing Office Web site
Mass market encryption commodities and software employing a key length greater than 64 bits for the symmetric algorithm (including such products previously reviewed by BIS and exported under ECCN 5A002 or 5D002) remain subject to the EAR and require review by BIS under the mass market provisions of Section 742.15 (b)(2) of the EAR. The June 6, 2002 amendment to the EAR marks the first time such commodities and software may be exported and reexported without a license (No License Required (NLR)) under Export Control Classification Numbers (ECCNs) 5A992 and 5D992, following a 30-day review by the Bureau of Industry and Security (BIS).
To request authorization for your "mass market" encryption products under Section 742.15(b)(2), you must submit a complete review request to BIS and the ENC Encryption Request Coordinator. The following guidance is designed to help you prepare and submit your requests for 30-day "mass market" encryption review.
There are several sections of the EAR that are relevant to "mass market" review requests. Be sure that you consult these sections before you submit your request. In addition, you may find many of the questions in the June 6, 2002 encryption FAQ document helpful. Failure to follow all requirements may result in delays in your product being made eligible for "mass market" treatment.
We recommend that you begin by reading Section 742.15 of the EAR. Paragraph (b)(2) of this section describes how "mass market" encryption commodities and software employing a symmetric key length greater than 64-bits fit into BIS's encryption policy, and what you need to do to request "mass market" treatment. Section 742.15 (b)(5) provides a few examples of "mass market" encryption products. Except as described in Section 742.15(b)(3), "mass market" encryption products with more than 64-bits of symmetric key require review before they may be exported and reexported without a license (NLR) under ECCNs 5A992 and 5D992. The applicant must demonstrate that the commodities and software meet the criteria of the Cryptography Note [Note 3 of Category 5, Part 2, of the Commerce Control List (Supplement No. 1 to Part 774 of the EAR)]. Therefore, as you prepare your review request, compare your product with the Cryptography Note criteria. If your product does not meet all of the Cryptography Note criteria, submit your review request under License Exception ENC. [See Section 740.17 of the EAR. Specifically, for "retail" encryption commodities and software that do not meet the "mass market" criteria, see Section 740.17(b)(3).]
You will also need to read Supplement 6 to Part 742 of the EAR. This supplement describes the documentation that must be submitted in a complete review request. Finally, Supplement 1 to Part 748 provides general multipurpose application instructions.
This is the multipurpose application form you use to apply for review under ECCNs 5A992, 5D992, and 5E992. Since it is a multi-part form, it is not available for downloading from the Web. However, you can request the form on this site or by calling the Outreach and Educational Services Division at (202) 482-4811. In addition, instead of submitting a paper application form, you can apply over the internet using BIS's Simplified Network Application Process Redesign (SNAP-R).
If you are submitting a request for more than one item, you must also obtain BIS Form 748P-A, which is an Item Appendix, and follow the instructions for Block 22 for each additional item. You may include up to six items. Follow the instructions on SNAP-R to add items electronically.
The form must be typed. For each block of the form, follow the instructions in Supplement 1 to Part 748 for review requests. When applying for review of "mass market" encryption commodities and software with symmetric algorithms greater than 64-bits in length as "mass market" encryption under ECCNs 5A992, 5D992, or 5E992, follow the additional instructions below. The "blocks"refer to the paper 748P form.
Block 5 mark "Classification Request" on the paper form or select "Classification Request" under SNAP-R. This is extremely important. DO NOT mark export or reexport. If you do, the application will be returned to you.
Block 9 indicate the phrase "Mass Market Encryption" in this Special Purpose block. This is used to route the application to an appropriate licensing officer in BIS. If you fail to denote this phrase, the application will be delayed.
Block 14-15 be sure the information in these blocks is complete and correct, because this is where the official response from BIS will be sent. If both blocks are filled in, the official response will be sent to the individual or entity identified in Block 15.
Block 22(a) for hardware, enter 5A992. For software, enter 5D992.
Block 22(c) enter the product name with model number, if available.
Block 22(i) enter the name of the manufacturer. If you will sell the product under your company's label, you are the manufacturer.
Block 22(j) provide a brief technical description including the basic purpose of the encryption item (e.g., XYZ is a PDA used for ...) and the type of encryption used in the software (e.g., 168-bit Triple DES for secure e-mail, 1024-bit RSA for key exchange). Comments such as ''see letter of explanation" or ''see brochure" are not sufficient. The information identified in this block is entered directly into the BIS license application database, and will be printed on the official response issued by BIS. A brief technical description is essential. All other blocks or block portions appropriate for review requests should be completed in accordance with Part 748 of the EAR.
Supporting documents include a justification of how the item(s) meet the criteria of the Cryptography Note as well as the documentation required by Supplement 6 to Part 742. This documentation as well as the completed BIS 748P form is necessary for a complete review request. The supporting documents should contain enough information for BIS to verify the mass market nature of the item. Supplement 6 to Part 742 of the EAR contains details regarding the technical information you must submit. Be sure to include your application control number (e.g., Z999999) on your support documents.
(a) Submit the original BIS Form 748P, 748P-A (if applicable), and support documents, in accordance with Sections 742.15(b)(2)(i) and 748.3(b) of the EAR, to BIS at the following address:
U.S. Department of Commerce
Bureau of Industry and Security
Office of National Security and Technology Transfer Controls (NSTTC)
14th Street and Pennsylvania Avenue, NW
Room 2705
Washington, D.C. 20230
Attn: Mass Market Encryption Application Enclosed
BIS will not accept applications sent C.O.D. When the updated BIS electronic application submission system is implemented, you will be able to submit your support documents electronically, as attachments to the application. Until then, if you submit the forms electronically, either through SNAP-R or ELAIN, fax the supporting documents to BIS (fax number 202-219-9179 or -9182 ). Be sure to include your application control number (e.g., Z999999) on your support documents.
Reminder: To expedite processing you may send a complementary copy of your application to the Information Technology Controls Division (ITCD). You may fax your documents to ITCD at 202-501-0784, or else mail them to the U.S. Department of Commerce, Bureau of Industry and Security, Information Technology Controls Division, Room 2093, 14th & Pennsylvania Ave., NW, Washington, D.C. 20230.
(b) A copy of the entire application (including forms and supporting documents) must also be sent by overnight express mail to the following address (failure to comply will result in your review being delayed or possibly returned without action):
Attn: ENC Encryption Request Coordinator
9800 Savage Road, Suite 6940
Ft. Meade, MD 20755-6000