What happens to pending requests that were submitted under License Exception ENC before this rule was published?
Pending requests for review under License Exception ENC that were submitted to BIS before this new rule was published will continue to be reviewed by BIS under License Exception ENC. If you believe your product may now be eligible for “mass market” consideration, you will need to submit a new review request under the updated provisions of Section 742.15(b)(2). As with all other “mass market” review requests, your 30-day “waiting period” for exports and reexports outside the “EU+8” (except to U.S. subsidiaries) will begin when your new request is registered with BIS and the ENC Encryption Request Coordinator. If you are considering whether you should reapply under these new “mass market” provisions, please review the Cryptography Note and the requirements of Section 742.15(b)(2) of the EAR to determine how this may affect your product.
