The small entities would continue to be subject to the EAR as a whole but without the benefit of the clarifications introduced by this final rule. A general reference to one or more export control laws or regulations or a general reminder that the Government retains the right to classify is not a specific national security control. The phrase “under U.S. law” that modified “proscribed persons” in the June 3 rule is not adopted in this final rule for reasons discussed in connection with the definition of “proscribed persons” below. If you are using public inspection listings for legal research, you Citation of this standard provides a useful reference point for what the U.S. Federal Government considers effective encryption.The text adopted in this final rule allows for use of “equally or more effective cryptographic means,” meaning that alternative approaches are allowable provided that they work as well as or better than FIPS 140-2. Knowing which part of ENC the product falls under will tell you what you need to do to make the item eligible for ENC, and where the product can be exported without a license.Types of authorization available for license exception ENC: a. The proposed § 734.7(a) read: “Except as set forth in paragraph (b), “technology” or “software” is “published” and is thus not “technology” or “software” subject to the EAR when it is not classified national security information and has been made available to the public without restrictions upon its further dissemination,” followed by a list of examples of published information. 5, Part 2:a. 8 to part 760 of the EAR. 5A002.a (and 5D002 c.1) i. Cryptography for Data Confidentiality ; ii. The proposed text provided that inspection (including other types of inspection in addition to visual, such as aural or tactile) must actually The proposed text also clarified, in paragraph (a)(3), that the application of “technology” and “software” is a “release” in situations where U.S. persons abroad use personal knowledge or technical experience acquired in the United States in a manner that reveals technology or software to foreign nationals. 5, Part 2. a. Therefore, BIS adopted this alternative.If BIS had chosen to maintain the If BIS had chosen to create a size threshold exempting small entities as currently defined by the SBA size standards from the changes imposed by this final rule, those entities would face a more complicated regulatory environment than larger entities. While there is no compliance certification for the EAR, Microsoft Azure, Microsoft Azure Government, and Microsoft Office 365 Government (GCCHigh and DoD environments) offer important features and tools to help eligible customers subject to the EAR manage export control risks and meet their compliance requirements.The US Commerce Department, which enforces the EAR, has taken the position that customers, not cloud service providers such as Microsoft, are considered to be exporters of their own customer data. Subtitle B.

They address concerns with the ITAR, not the EAR.As adopted in this final rule, section 734.7(b) keeps certain published encryption software subject to the EAR, a restriction that the June 3 rule proposed moving from § 734.7(c) without revision.The June 3 rule proposed revising § 734.8, which excludes most information resulting from fundamental research from the scope of the EAR, but it was not intended to change the scope of the current § 734.8.In the June 3 proposed rule, BIS specifically solicited comments on whether the alternative definition of fundamental research suggested in the preamble should be adopted. It also updates and clarifies application of controls to electronically transmitted technology and software.The legal basis for this proposed rule is No other Federal rules duplicate, overlap, or conflict with this final rule.BIS received one comment from the public in response to the Initial Regulatory Flexibility Analysis (IRFA). Whether you qualify for an export compliance exemption depends on what your app does and how it uses this encryption. A license exception TMP, BAG … (See One commenter recommended inserting a Note in the definition of technology that states the BIS policy that all six elements are necessary for “use” technology. BILLING CODE 3510-33-P These markup elements allow the user to see how the document follows the