Can I export encryption technology under License Exception ENC?
Yes, License Exception ENC is available for transfer of encryption technology. Specifically, paragraph 740.17(b)(2)(iv) has been amended to permit exports and reexports of encryption technology as follows: (A) Technology for “non-standard cryptography”. Encryption technology classified under ECCN 5E002 for “non-standard cryptography”, to any end-user located or headquartered in a country listed in Supplement No. 3 to this part; (B) Other technology. Encryption technology classified under ECCN 5E002 except technology for “cryptanalytic items”, “non-standard cryptography” or any “open cryptographic interface,” to any non-“government end-user” located in a country not listed in Country Group D:1 or E:1 of Supplement No. 1 to part 740 of the EAR.
