What is the difference between a “mass market” encryption product and a “retail” encryption product, in terms of export control treatment?
The term “mass market” encryption refers to the items described in the Cryptography Note (Note 3) to Category 5, Part 2 (“Information Security”) of the Commerce Control List (Supplement No. 1 to Part 774 of the EAR). Encryption commodities and software that are authorized for “mass market” treatment are controlled under ECCNs 5A992 and 5D992 respectively. “Retail” encryption products remain controlled for Encryption Item (“EI”) and National Security (“NS”) reasons under ECCNs 5A002 and 5D002. Both types of products are controlled for Anti-Terrorism (“AT”) reasons. Once a product is authorized by BIS for “retail” or “mass market” treatment, it may be exported or reexported to both non-government and government end-users. See Note. Certain post-export reporting requirements apply to “retail” encryption products (refer to Section 740.17(e) of the EAR). Furthermore, “retail” encryption parts, components and software controlled under ECCN 5A002 or 5D002 are not eligible for de minimis treat
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