The Department of Commerce, Bureau of Industry and Security (BIS) recently updated the encryption guidance on its website to reflect the final rule it published in September 2016 easing the encryption-related controls in the Export Administration Regulations (EAR). Although BIS’s revamped guidance is not groundbreaking, it does provide industry with much-needed tools to navigate a somewhat complex area of the EAR.
BIS’s September 2016 rule simplified its encryption controls, expanded existing license exceptions, and loosened other restrictions, easing the regulatory burdens on industry. However, BIS only just revised the oft-relied upon encryption guidance on its website to correspond to the current controls. The new web guidance includes a quick reference guide to the updated encryption controls, as well as a new, shorter version of BIS’s encryption-related Frequently Asked Questions. Perhaps most importantly, BIS has modified its famous encryption “flow charts,” which walk exporters step-by-step through the encryption classification process.
BIS’s updated encryption guidance is one of many user and business friendly resources on the agency’s website. Additional helpful policy guidance is available here.