Key Notes:

  • Many products and software that use encryption are eligible for export without a license under U.S. export controls if certain requirements are followed.
  • Mass market and other items described under License Exception ENC may be exported without a license if the exporter either: (1) confirms the product’s classification through BIS’s Commodity Classification Automated Tracking System (CCATS) or (2) if self-classified, submits an annual report on February 1 of each calendar year.
  • Apps and software available for download internationally or provided to non-U.S. parties are considered exported software.

Category 5, Part 2 of the Commerce Control List describes several common “mass-market” items. This includes apps and other software that use standard encryption as well as IoT devices and a broad range of other commercial products. The Export Administration Regulations (EAR) release many of these mass-market and other less-sensitive items from export licensing requirements, which may require that some steps be taken by the exporter.

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