Client Alert

New Treatment For Export of Encryption Items: More Liberal but Still Complex

December 17, 2004

Behnam Dayanim, Carolyn E. Morris and Matthew Dunne

The Department of Commerce’s Bureau of Industry & Security on December 9, 2004, issued new regulations reorganizing controls on export of encryption items. “Encryption items” include any commodity (hardware) or software incorporating, or specially designed or modified to employ, a cryptographic capability. The term also encompasses technical information or assistance relating to cryptography. The new rule took effect immediately.

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