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ARTICLE · 12 APRIL 2021

Commerce Reduces Requirements Relating To Mass-Market Encryption Items And Publicly Available Software

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The U.S. Department of Commerce's Bureau of Industry and Security ("BIS") recently revised the Export Administration Regulations ("EAR") to, among other things, modify reporting and self-classification...

United StatesInternational Law
Michael Gurdak
Michael Gurdak
Lindsey Nelson
Lindsey Nelson
Schuyler J. Schouten
Schuyler J. Schouten
D. Grayson Yeargin
D. Grayson Yeargin
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The U.S. Department of Commerce's Bureau of Industry and Security ("BIS") recently revised the Export Administration Regulations ("EAR") to, among other things, modify reporting and self-classification requirements for certain encryption commodities, software, and technologies.

On March 29, 2021, BIS issued a final rule modifying the EAR. In addition to implementing changes to several Export Control Classification Numbers ("ECCNs"), the final rule made three modifications that are noteworthy for companies working with commodities, software, or technology that utilize or implement encryption. Importantly, none of these changes affect any items that use non-standard cryptography.

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