10 August 1999
Source: http://207.96.11.93/Encryption/LicExceptionChart.html

[Published August 9, 1999]

ENCRYPTION LICENSE EXCEPTION CHART
This chart identifies all license exceptions that are applicable to encryption items.  It is not all inclusive and is meant only as initial guidance for exporters.  For additional information  please refer to the appropriate sections of Part 740 of the Export Administration Regulations to ascertain other provisions, criteria and restrictions of each License Exception.
License Exception Product Class of End-Users Country Scope Reporting Restrictions

LVS - §740.3

 Components and spare parts for previously authorized exports Previously approved end-users Previously approved destinations none $500 or less
KMI - §740.8 Unlimited strength key recovery products All Global except T7 yes One time technical review
TMP - §740.9 Unlimited strength encryption products Exporters or exporter's employees (also designated sales reps for exhibition and demonstration) For tools of trade, global except E:2 countries and Sudan.

For exhibition and demonstration only in country group B

 none - No beta test software
- Return in 1 year
- Must retain effective control
- Includes laptop with pre-loaded encryption
- For exhibition/demonstration no more than 120 days in one location
RPL - §740.10 Components, parts, tools or test equipment All Global except T7 none Refer to regulations
GOV - §740.11 Unlimited strength encryption items U.S. Government personnel and official Offices Global none Must remain in effective control of personnel and offices
TSU - §740.13 Mass Market Software up to 56-bits or equivalent All Global except T7 none - One-time technical review
- Must meet the General Software Note requirement
BAG - §740.14 Unlimited strength encryption products U.S. Citizens or permanent residents Global except T7 none - Personal ownership
- Not intended for sale
- Includes laptops w/ pre-loaded encryption
APR - §740.16 Encryption Products All Export must be from an A:1 country and can only be destined to another A:1 country or a country in group B that is not also included in groups D:2, D:3, or D:4 yes Refer to the regulations - restrictions vary
ENC - §740.17(a)(1) Financial specific encryption products All Global except T7 none - Product must be highly field formatted with validation procedures
- One-time technical review
ENC §740.17(a)(2) Unlimited strength encryption software, commodities, and technology U.S. Subsidiaries (includes branches) Global except T7 none - One-time technical review
- For internal company proprietary use
- All items developed with exported technology or source code are subject to U.S. export controls
ENC - §740.17(a)(3) Encryption commodities (mass market and non-mass market) and non-mass market software up to 56-bit and equivalent All Global except T7 yes - One-time technical review
- Reporting only on foreign military and government end-users for non-mass market commodities and software
ENC -  §740.17(b)(1) Unlimited strength general purpose encryption Banks & Financial Institutions (includes insurance companies) 46 Countries listed in Supplement #3 to Part 740 (including global branches, except T7, when parent is headquartered in one of the Supp. 3 countries) yes - One-time technical review
- End-use within sector; no customer to customer transactions
ENC - §740.17(b)(2) Unlimited strength general purpose encryption Health/Medical end-users (excludes biochemical/pharmaceutical firms and military agencies) 46 Countries listed in Supplement #3 to Part 740 yes - One-time technical review
- End-use within sector; no customer to customer transactions
ENC - §740.17(b)(3) Unlimited strength client/server applications and applications specially designed for on-line transactions On-Line Merchants(excludes foreign merchants or separate business units that manufacture or distribute items or services on the USML) 46 Countries listed in Supplement #3 to Part 740 yes

 

- One-time technical review
- End-use within sector; no customer to customer transaction


Source: http://207.96.11.93/Encryption/LicExceptionUpdate.html

[Published August 9, 1999]

License Exceptions Affected by the Policy Update
(December 31, 1998)

License Exception TSU License Exception KMI
  • Section 740.13
  • Eligible products: mass market software
  • a. Algorithm: 56-bit DES, RC2, RC4, RC5,
    CAST or equivalent
    b. Key exchange: up to and including 1024 bit
    asymmetric algorithm, 112 symmetric
    algorithm, and proprietary
  • Eligible end-users: all
  • Country scope: global except T7
  • Reporting: none
  • Prior technical review required-Supp. 6
  • General software note requirement
  • Section 740.8
  • Eligible products: key recovery commodities and
    software (unlimited strength)
  • Eligible end-users: all
  • Country scope: global except T7
  • Reporting: end-user and key recovery agent
  • Prior technical review required-Supp. 4
License Exception ENC
  • Section 740.17(a)(1)
  • Eligible products:highly formatted financial
    specific commodities and software
  • Eligible end-users: all
  • Country scope: global except T7
  • Reporting: none
  • Prior technical review required
  • Section 740.17(b)(1)
  • Eligible products: unlimited strength general
    purpose encryption commodities and software
  • Eligible end-users: banks and financial institutions
    (including insurance companies)
  • Country scope: 46 countries listed in Suppl. 3 to
    Part 740 and global (except T7) branches and
    affiliates of banks/financials with parents
    headquartered in one of the 46 countries.
  • Reporting: none
  • Prior technical review required
  • Section 740.17(a)(2)
  • Eligible products:unlimited strength encryption
    software, commodities, and technology
  • Eligible end-users: U.S. subsidiaries and branches
  • Country scope: global except T7
  • Reporting: none
  • Prior technical review required
  • Section 740.17(b)(2)
  • Eligible products: unlimited strength general
    purpose encryption commodities and software
  • Eligible end-users: health/medical sector (excluding
    biochemical/pharmaceutical firms and military
    agencies)
  • Country scope: 46 countries listed in Suppl. 3 to
    Part 740
  • Reporting: end-user name and address
  • Prior technical review required
  • Section 740.17(a)(3)
  • Eligible products:commodities (non-mass market
    and mass market) and non-mass market software
  • a. Algorithm: up to 56-bit DES, RC2,
    RC4, RC5, CAST or equivalent
    b. Key exchange: up to and including 1024 bit
    asymmetric, 112 symmetric algorithms, and
    proprietary
  • Eligible end-users: All
  • Country scope: global except T7
  • Reporting: military and government end-users for
    non-mass market commodities and software
  • Prior technical review required
  • Section 740.17(b)(3)
  • Eligible products: client/server applications and
    specifically designed on-line merchant applications
  • Eligible end-users: on-line merchants (excluding
    manufacturers and distributors of items or services
    controlled by the USML)
  • Country scope: 46 countries listed in Suppl. 3 to
    Part 740
  • Reporting: end-user name and address
  • Prior technical review required