BIS Updates EAR to Implement Wassenaar Changes to Encryption Controls and Others
Friday, October 21, 2016

On 20 September 2016, BIS issued a final rule implementing into the Commerce Control List (CCL) and other provisions of the EAR changes made to the Wassenaar Arrangement’s List of Dual-Use Goods and Technologies, adopted at the December 2015 Wassenaar Arrangement plenary meeting. The final rule revises 58 ECCNs in the CCL, adds two new ECCNs and changes eligibility criteria for various license exceptions. These include amendments to the Information Security (including encryption) controls in Category 5 – Part 2 of the CCL, which are designed to simplify controls and streamline licensing requirements for encryption items. Notably, the rule eliminates Encryption Registration requirements, modifies the scope of items \ controlled under ECCNs 5A002, 5B002, 5D002 and 5E002 (reclassifying certain items in 5A002 under new ECCNs 5A003 and 5A004), and eliminates certain ECCNs within 5A992, 5D992 and 5E992.

 

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