Category 5--Telecommunications and "Information Security"

Part 1 - "Telecommunications"

Notes:

1. The control status of components, test and "production" equipment, and "software" therefor which are specially designed for telecommunications equipment or systems is determined in Category 5, Part 1.

N.B.1: For "lasers" specially designed for telecommunications equipment or systems, see ECCN 6A005.

N.B.2: See also Category 5, Part 2 for equipment, components, and "software", performing or incorporating "information security" functions.

N.B. to Note 1: Commodities and software specially designed for medical end-use that incorporate an item in Category 5, part 2 are not classified in any ECCN in Category 5, part 2.

2. "Digital computers", related equipment or "software", when essential for the operation and support of telecommunications equipment described in this Category, are regarded as specially designed components, provided they are the standard models customarily supplied by the manufacturer. This includes operation, administration, maintenance, engineering or billing computer systems.

A. EQUIPMENT, ASSEMBLIES AND COMPONENTS

5A001 Telecommunications systems, equipment, and components, as follows (see List of Items Controlled).

License Requirement Notes:See Sec. 743.1 of the EAR for reporting requirements for exports under License Exceptions. See Sec. 740.2(a)(3) of the EAR for restrictions on the use of License Exceptions for 5A001.i.

a. Any type of telecommunications equipment having any of the following characteristics, functions or features:

a.1. Specially designed to withstand transitory electronic effects or electromagnetic pulse effects, both arising from a nuclear explosion;

a.2. Specially hardened to withstand gamma, neutron or ion radiation; or

a.3. Specially designed to operate outside the temperature range from 218 K (-55 [deg]C) to 397 K (124 [deg]C);

Note:

5A001.a.3 applies only to electronic equipment.

Note:

5A001.a.2 and 5A001.a.3 do not apply to equipment designed or modified for use on board satellites.

Note: 5A001.b.3.b does not control radio equipment specially designed for use with any of the following:

a. Civil cellular radio-communications systems; or

b. Fixed or mobile satellite Earth stations for commercial civil telecommunications.

Note:

5A001.b.3 does not control equipment operating at an output power of 1 W or less..

Note:

5A001.b.5 does not control radio equipment specially designed for use with civil cellular radio-communications systems.

Technical Notes:

1. For variable rate `voice coding', 5A001.b.6 applies to the 'voice coding' output of continuous speech.

2. For the purpose of 5A001.b.6, `voice coding' is defined as the technique to take samples of human voice and then convert these samples of human voice into a digital signal taking into account specific characteristics of human speech.

c. Optical fibers of more than 500 m in length and specified by the manufacturer as being capable of withstanding a 'proof test' tensile stress of 2 x 10\9\ N/m\2\ or more;

N.B.: For underwater umbilical cables, see 8A002.a.3.

Technical Note: 'Proof Test': on-line or off-line production screen testing that dynamically applies a prescribed tensile stress over a 0.5 to 3 m length of fiber at a running rate of 2 to 5 m/s while passing between capstans approximately 150 mm in diameter. The ambient temperature is a nominal 293 K (20 [deg]C) and relative humidity 40%. Equivalent national standards may be used for executing the proof test.

Note:

5A001.d does not control "electronically steerable phased array antennae" for landing systems with instruments meeting ICAO standards covering Microwave Landing Systems (MLS).

f. Jamming equipment specially designed or modified to intentionally and selectively interfere with, deny, inhibit, degrade or seduce mobile telecommunication services and perform any of the following, and specially designed components therefor:

f.1. Simulate the functions of Radio Access Network (RAN) equipment;

f.2. Detect and exploit specific characteristics of the mobile telecommunications protocol employed (e.g., GSM); or

f.3. Exploit specific characteristics of the mobile telecommunications protocol employed (e.g., GSM);

N.B.: For GNSS jamming equipment see the International Traffic in Arms Regulations (ITAR) (22 CFR Parts 120-130).

g. Passive Coherent Location (PCL) systems or equipment, specially designed for detecting and tracking moving objects by measuring reflections of ambient radio frequency emissions, supplied by non-radar transmitters.

Technical Note: Non-radar transmitters may include commercial radio, television or cellular telecommunications base stations.

Note: 5A001.g does not control:

a. Radio-astronomical equipment; or

b. Systems or equipment, that require any radio transmission from the target.

h. Radio Frequency (RF) transmitting equipment designed or modified for prematurely activating or preventing the initiation of Improvised Explosive Devices (IEDs).

N.B.: See also ECCN 5A001.f and Category XI of the International Traffic in Arms Regulations (ITAR) (22 CFR Parts 120-130).

i. Systems or equipment, specially designed or modified to intercept and process the air interface of `mobile telecommunications', and specially designed components therefor.

Note: 5A001.i does not apply to equipment designed for `mobile telecommunications' network operators, or for the "development" or "production" of `mobile telecommunications' equipment or systems.

Technical Note: For the purposes of 5A001.i, `mobile telecommunications' refers to the following telecommunications protocols or standards: GSM, GSM-R, GPRS, IMT-2000, PMR (Professional Mobile Radio), Inmarsat, Iridium, Thuraya, VSAT or ACES.

N.B.: See also 5A001.f, 5A980, and the U.S. Munitions List (22 CFR part 121).

5A101 Telemetering and telecontrol equipment, including ground equipment, designed or modified for unmanned aerial vehicles or rocket systems (including ballistic missile systems, space launch vehicles, sounding rockets, cruise missile systems, target drones, and reconnaissance drones) capable of a maximum "range" equal to or greater than 300km.

The list of items controlled is contained in the ECCN heading.

Note: 5A101 does not control:

1. Telecontrol equipment specially designed to be used for remote control of recreational model planes, boats or vehicles and having an electric field strength of not more than 200 microvolts per meter at a distance of 500 meters;

2. Equipment designed or modified for manned aircraft or satellites;

3. Ground based equipment designed or modified for terrestrial or marine applications;

4. Equipment designed for commercial, civil, or safety of life (e.g., data integrity or flight safety) Global Navigation Satellite System services.

Note: 5A101 does not include items not designed or modified for unmanned aerial vehicles or rocket systems (including ballistic missile systems, space launch vehicles, sounding rockets, cruise missile systems, target drones, and reconnaissance drones) capable of a maximum ``range'' equal to or greater than 300 km (e.g., telemetry circuit cards limited by design to reception only and designed for use in personal computers).

5A980 Devices primarily useful for the surreptitious interception of wire, oral, or electronic communications, other than those controlled under 5A001.i; and parts and accessories therefor

Reason for Control: SL, AT

Controls: SL and AT apply to entire entry. A license is required for all destinations, as specified in Sec. 742.13 of the EAR. Accordingly, a column specific to this control does not appear on the Commerce Country Chart (Supplement No. 1 to Part 738 of the EAR).

Note: This licensing requirement does not supersede, nor does it implement, construe or limit the scope of any criminal statute, including, but not limited to the Omnibus Safe Streets Act of 1968, as amended.

Note: These items are subject to the United Nations Security Council arms embargo against Rwanda described in Sec. 746.8 of the EAR.

5A991 Telecommunication Equipment, Not Controlled by 5A001.

Note: Telecommunication transmission equipment:

a. Categorized as follows, or combinations thereof:

1. Radio equipment (e.g., transmitters, receivers and transceivers);

2. Line terminating equipment;

3. Intermediate amplifier equipment;

4. Repeater equipment;

5. Regenerator equipment;

6. Translation encoders (transcoders);

7. Multiplex equipment (statistical mutiplex included);

8. Modulators/demodulators (modems);

9. Transmultiplex equipment (see CCITT Rec. G701);

10. "Stored program controlled" digital crossconnection equipment;

11. "Gateways" and bridges;

12. "Media access units"; and

b. Designed for use in single or multi-channel communication via any of the following:

1. Wire (line);

2. Coaxial cable;

3. Optical fiber cable;

4. Electromagnetic radiation; or

5. Underwater acoustic wave propagation.

Note: 5A991.b.1 does not control equipment specially designed to be integrated and operated in any satellite system for civil use.

Note: If any uncontrolled equipment contains a "network access controller", it cannot have any type of telecommunications interface, except those described in, but not controlled by 5A991.b.4.

Note: 5A991.b.5.b does not control commercial TV systems.

Note: 5A991.b.6. does not control equipment for civil use when conforming with an International Telecommunications Union (ITU) allocated band between 26.5 GHz and 31 GHz.

Notes:

1. 5A991.b.7 does not control equipment specially designed to be integrated and operated in any satellite system for civil use.

2. 5A991.b.7 does not control radio relay equipment for operation in an ITU allocated band:

a. Having any of the following:

a.1. Not exceeding 960 MHz; or

a.2. With a "total digital transfer rate" not exceeding 8.5 Mbit/s; and

b. Having a "spectral efficiency" not exceeding 4 bit/s/Hz.

Note: Statistical multiplexers with digital input and digital output which provide switching are treated as "stored program controlled" switches.

Note: The restrictions in 5A991.c.3 do not apply to networks restricted to using only "network access controllers" or to "network access controllers" themselves.

Note: 5A991.c.5 does not control single-level call preemption.

Note: 5A991.c.10.a does not control multiplex composite links composed only of communication channels not individually controlled by 5A991.b.1.

Note: 5A991.c.10 does not control packet switches or routers with ports or lines not exceeding the limits in 5A991.c.10.

Note: 5A991.e does not preclude control of traffic as a function of predictable statistical traffic conditions.

B. TEST, INSPECTION AND PRODUCTION EQUIPMENT

5B001 Telecommunication test, inspection and production equipment, components and accessories, as follows (See List of Items Controlled).

License Requirement Notes: See Sec. 743.1 of the EAR for reporting requirements for exports under License Exceptions.

a. Equipment and specially designed components or accessories therefor, specially designed for the "development", "production" or "use" of equipment, functions or features, controlled by 5A001;

Note: 5B001.a does not control optical fiber characterization equipment.

b. Equipment and specially designed components or accessories therefor, specially designed for the "development" of any of the following telecommunication transmission or switching equipment:

b.1. {RESERVED}

b.2. Equipment employing a "laser" and having any of the following:

b.2.a. A transmission wavelength exceeding 1750 nm;

b.2.b. Performing "optical amplification" using praseodymium-doped fluoride fiber amplifiers (PDFFA);

b.2.c. Employing coherent optical transmission or coherent optical detection techniques; or

Note: 5B001.b.2.c applies to equipment specially designed for the "development" of systems using an optical local oscillator in the receiving side to synchronize with a carrier "laser."

Technical Note: For the purpose of 5B001.b.2.c, these techniques include optical heterodyne, homodyne or intradyne techniques.

b.2.d. Employing analog techniques and having a bandwidth exceeding 2.5 GHz; or

Note: 5B001.b.2.d. does not include equipment specially designed for the "development" of commercial TV systems.

b.3. {RESERVED}

b.4. Radio equipment employing Quadrature-Amplitude-Modulation (QAM) techniques above level 256.

5B991 Telecommunications test equipment, n.e.s.

C. MATERIALS

5C991 Preforms of glass or of any other material optimized for the manufacture of optical fibers controlled by 5A991.

D. SOFTWARE

5D001 "Software" as follows (see List of Items Controlled).

License Requirement Notes:See §743.1 of the EAR for reporting requirements for exports under License Exceptions. See §740.2(a)(3) of the EAR for restrictions on the use of License Exceptions for 5D001 (as it applies to 5A001.i or 5E001.a (as it applies to 5A001.i or 5D001.a (as it applies to 5A001.i))).

CIV: Yes, except for "software" controlled by 5D001.a and specially designed for the "development" or "production" of items controlled by 5A001.b.5 and 5A001.h.

TSR: Yes, except for exports and reexports to destinations outside of Austria, Belgium, Canada, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Japan, Luxembourg, the Netherlands, Portugal, Spain, Sweden, or the United Kingdom of "software" controlled by 5D001.a and specially designed for items controlled by 5A001.b.5 and 5A001.h.

STA: License Exception STA may not be used to ship or transmit 5D001.a "software" specially designed for the "development" or "production" of equipment, functions or features, specified by ECCN 5A001.b.3, .b.5 or .h; and for 5D001.b. for "software" specially designed or modified to support "technology" specified by the STA paragraph in the License Exception section of ECCN 5E001 to any of the eight destinations listed in Sec. 740.20(c)(2) of the EAR.

Note: 5D001.d.2.b does not control "software" specially designed or modified for the "development" of commercial TV systems.

5D101 "Software" specially designed or modified for the "use" of items controlled by 5A101.

5D980 Other "software", other than that controlled by 5D001 (for the equipment, functions, features, or characteristics controlled by 5A001.i, or to support certain "technology" controlled by 5E001.a), as follows (see List of Items Controlled).

License Requirements

Reason for Control: SL, AT.

Controls: SL and AT apply to entire entry. A license is required for all destinations, as specified in Sec. 742.13 of the EAR. Accordingly, a column specific to this control does not appear on the Commerce Country Chart (Supplement No. 1 to Part 738 of the EAR).

Note: This licensing requirement does not supersede, nor does it implement, construe or limit the scope of any criminal statute, including, but not limited to the Omnibus Safe Streets Act of 1968, as amended.

5D991 "Software" specially designed or modified for the "development", "production" or "use" of equipment controlled by 5A991 and 5B991, and dynamic adaptive routing software as described in the List of Items Controlled.

E. TECHNOLOGY

5E001 "Technology" as follows (see List of Items Controlled).

License Requirement Notes: See Sec. 743.1 of the EAR for reporting requirements for exports under License Exceptions. See Sec. 740.2(a)(3) of the EAR for restrictions on the use of License Exceptions for 5E001.a (as it applies to 5A001.i or 5D001.a (as it applies to 5A001.i))).

CIV: N/A.

TSR: Yes, except for exports or reexports to destinations outside of Austria, Belgium, Canada, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Japan, Luxembourg, the Netherlands, Portugal, Spain, Sweden, or the United Kingdom of "technology" controlled by 5E001.a for the "development" or "production" of the following:

(1) Items controlled by 5A001.b.5 or 5A001.h; or

(2) "Software" controlled by 5D001.a that is specially designed for the "development" or "production" of equipment, functions or features controlled by 5A001.b.5 or 5A001.h.

STA: License Exception STA may not be used to ship or transmit "technology" according to the General Technology Note for the "development" or "production" of equipment, functions or features specified by 5A001.b.3, .b.5 or .h; or for "software" in 5D001.a that is specified in the STA paragraph in the License Exception section of ECCN 5D001 to any of the eight destinations listed in Sec. 740.20(c)(2) of the EAR.

Note: 5E001.b.4 does not apply to "technology" for the "development" of any of the following:

a. Civil cellular radio-communications systems; or

b. Fixed or mobile satellite Earth stations for commercial civil telecommunications.

Technical Note: For telecommunication switching equipment the "total digital transfer rate" is the unidirectional speed of a single interface, measured at the highest speed port or line.p>

c.2. Equipment employing a "laser" and having any of the following:

c.2.a. A transmission wavelength exceeding 1,750 nm;

c.2.b. Performing "optical amplification" using Praseodymium-Doped Fluoride Fiber Amplifiers (PDFFA);

c.2.c. Employing coherent optical transmission or coherent optical detection techniques;

Note: 5E001.c.2.c applies to "technology" specially designed for the "development" or "production" of systems using an optical local oscillator in the receiving side to synchronize with a carrier "laser."

Technical Note: For the purpose of 5E001.c.2.c, these techniques include optical heterodyne, homodyne or intradyne techniques.

c.2.d. Employing wavelength division multiplexing techniques of optical carriers at less than 100 GHz spacing; or

c.2.e. Employing analog techniques and having a bandwidth exceeding 2.5 GHz;

Note: 5E001.c.2.e. does not control "technology" for the "development" or "production" of commercial TV systems.

N.B.: For "technology" for the "development" or "production" of non-telecommunications equipment employing a "laser", see Product Group E of Category 6, e.g., 6E00x.

c.3. Equipment employing "optical switching" and having a switching time less than 1 ms; or

c.4. Radio equipment having any of the following:

c.4.a. Quadrature-Amplitude-Modulation (QAM) techniques above level 256; or

c.4.b. Operating at input or output frequencies exceeding 31.8 GHz; or

Note: 5E001.c.4.b. does not control "technology" for the "development" or "production" of equipment designed or modified for operation in any frequency band which is "allocated by the ITU" for radio-communications services, but not for radio-determination.

5E101 "Technology" according to the General Technology Note for the "development," "production" or "use" of equipment or software controlled by 5A101 or 5D101.

5E980 "Technology", other than that controlled by 5E001.a (for 5A001.i, and for 5D001.a (for 5A001.i)), primarily useful for the "development", "production", or "use" of equipment, functions or features, of equipment controlled by 5A980 or "software" controlled by 5D980.

License Requirements

Reason for Control: SL, AT.

Controls: SL and AT apply to entire entry. A license is required for all destinations, as specified in Sec. 742.13 of the EAR. Accordingly, a column specific to this control does not appear on the Commerce Country Chart (Supplement No. 1 to Part 738 of the EAR).

5E991 "Technology" for the "Development", "Production" or "Use" of Equipment Controlled by 5A991 or 5B991, or "Software" Controlled by 5D991, and Other "Technologies" as Follows (see List of Items Controlled)

EAR99 Items subject to the EAR that are not elsewhere specified in this CCL Category or in any other category in the CCL are designated by the number EAR99.

Note 1: The control status of "information security" equipment, "software", systems, application specific "electronic assemblies", modules, integrated circuits, components, or functions is determined in Category 5, Part 2 even if they are components or "electronic assemblies" of other equipment.

Note 2: Category 5, part 2, encryption products, when accompanying their user for the user's personal use or as tools of trade, are eligible for License Exceptions TMP or BAG, subject to the terms and conditions of these License Exceptions.

Note 3: Cryptography Note: ECCNs 5A002 and 5D002 do not control items that meet all of the following:

a. Generally available to the public by being sold, without restriction, from stock at retail selling points by means of any of the following:

1. Over-the-counter transactions;

2. Mail order transactions;

3. Electronic transactions; or

4. Telephone call transactions;

b. The cryptographic functionality cannot be easily changed by the user;

c. Designed for installation by the user without further substantial support by the supplier; and

d. When necessary, details of the items are accessible and will be provided, upon request, to the appropriate authority in the exporter's country in order to ascertain compliance with conditions described in paragraphs (a) through (c) of this note.

N.B. to Note 3 (Cryptography Note): You must submit a classification request or encryption registration to BIS for mass market encryption commodities and software eligible for the Cryptography Note employing a key length greater than 64 bits for the symmetric algorithm (or, for commodities and software not implementing any symmetric algorithms, employing a key length greater than 768 bits for asymmetric algorithms or greater than 128 bits for elliptic curve algorithms) in accordance with the requirements of Sec. 742.15(b) of the EAR in order to be released from the "EI" and "NS" controls of ECCN 5A002 or 5D002.

Note 4: Category 5, Part 2 does not apply to items incorporating or using "cryptography" and meeting all of the following:

a. The primary function or set of functions is not any of the following:

1. "Information security";

2. A computer, including operating systems, parts and components therefor;

3. Sending, receiving or storing information (except in support of entertainment, mass commercial broadcasts, digital rights management or medical records management); or

4. Networking (includes operation, administration, management and provisioning);

b. The cryptographic functionality is limited to supporting their primary function or set of functions; and

c. When necessary, details of the items are accessible and will be provided, upon request, to the appropriate authority in the exporter's country in order to ascertain compliance with conditions described in paragraphs a. and b. above.

Technical Note:

A. SYSTEMS, EQUIPMENT AND COMPONENTS

5A002 "Information security" systems, equipment and components therefor, as follows (see List of Items Controlled)

EI applies to 5A002.a.1, .a.2, .a.5, .a.6, .a.9 and .b. Refer to Sec. 742.15 of the EAR.

(1) 5A002 does not control the commodities listed in paragraphs (a), (d), (e), (f), (g), (i) and (j) in the Note in the items paragraph of this entry. These commodities are instead classified under ECCN5A992, and related software and technology are classified under ECCNs 5D992 and 5E992 respectively.

(2)After encryption registration to or classification by BIS, mass market encryption commodities that meet eligibility requirements are released from "EI" and "NS" controls. These commodities are classified under ECCN 5A992.c. See Sec. 742.15(b) of the EAR.

Note: 5A002 does not control any of the following. However, these items are instead controlled under 5A992:

(a) Smart cards and smart card `readers/writers' as follows:

(1) A smart card or an electronically readable personal document (e.g., token coin, e-passport) that meets any of the following:

a. The cryptographic capability is restricted for use in equipment or systems excluded from 5A002 by Note 4 in Category 5--Part 2 or entries (b) to (i) of this Note, and cannot be reprogrammed for any other use; or

b. Having all of the following:

1. It is specially designed and limited to allow protection of `personal data' stored within;
2. Has been, or can only be, personalized for public or commercial transactions or individual identification; and
3. Where the cryptographic capability is not user-accessible;

Technical Note: `Personal data' includes any data specific to a particular person or entity, such as the amount of money stored and data necessary for authentication.

(2) `Readers/writers' specially designed or modified, and limited, for items specified by (a)(1) of this Note;

Technical Note: `Readers/writers' include equipment that communicates with smart cards or electronically readable documents through a network.

(b) [Reserved]

N.B.: See Note 4 in Category 5--Part 2 for items previously specified in 5A002 Note (b).

(c) [Reserved]

N.B.: See Note 4 in Category 5--Part 2 for items previously specified in 5A002 Note (c).(d) Cryptographic equipment specially designed and limited for banking use or `money transactions';

Technical Note: The term `money transactions' includes the collection and settlement of fares or credit functions.

(e) Portable or mobile radiotelephones for civil use (e.g., for use with commercial civil cellular radio communication systems) that are not capable of transmitting encrypted data directly to another radiotelephone or equipment (other than Radio Access Network (RAN) equipment), nor of passing encrypted data through RAN equipment (e.g., Radio Network Controller (RNC) or Base Station Controller (BSC));

(f) Cordless telephone equipment not capable of end-to-end encryption where the maximum effective range of unboosted cordless operation (i.e., a single, unrelayed hop between terminal and home base station) is less than 400 meters according to the manufacturer's specifications;

(g) Portable or mobile radiotelephones and similar client wireless devices for civil use, that implement only published or commercial cryptographic standards (except for anti-piracy functions, which may be non-published) and also meet the provisions of paragraphs b. to d. of the Cryptography Note (Note 3 in Category 5--Part 2), that have been customized for a specific civil industry application with features that do not affect the cryptographic functionality of these original non-customized devices;

(h) [Reserved]

N.B.: See Note 4 in Category 5--Part 2 for items previously specified in 5A002 Note (h).

(i) Wireless "personal area network" equipment that implement only published or commercial cryptographic standards and where the cryptographic capability is limited to a nominal operating range not exceeding 30 meters according to the manufacturer's specifications; or

(j) Equipment, having no functionality specified by 5A002.a.2, 5A002.a.4, 5A002.a.7, or 5A002.a.8, where all cryptographic capability specified by 5A002.a meets any of the following:

1. It cannot be used; or

2. It can only be made useable by means of "cryptographic activation".

N.B.: See 5A002.a for equipment that has undergone "cryptographic activation".

a. Systems, equipment, application specific "electronic assemblies", modules and integrated circuits for "information security", as follows, and components therefor specially designed for "information security":

N.B.: For the control of Global Navigation Satellite Systems (GNSS) receiving equipment containing or employing decryption, see ECCN 7A005.

a.1. Designed or modified to use "cryptography" employing digital techniques performing any cryptographic function other than authentication or digital signature and having any of the following:

Technical Notes:

1. Authentication and digital signature functions include their associated key management function.

2. Authentication includes all aspects of access control where there is no encryption of files or text except as directly related to the protection of passwords, Personal Identification Numbers (PINs) or similar data to prevent unauthorized access.

3. "Cryptography" does not include "fixed" data compression or coding techniques.

Note: 5A002.a.1 includes equipment designed or modified to use "cryptography" employing analog principles when implemented with digital techniques.

Note: 5A002.a.8 applies only to physical layer security.

Technical Notes:

1. `Quantum cryptography' A family of techniques for the establishment of a shared key for "cryptography" by measuring the quantum-mechanical properties of a physical system (including those physical properties explicitly governed by quantum optics, quantum field theory, or quantum electrodynamics).

2. `Quantum cryptography' is also known as Quantum Key Distribution (QKD).

b. Systems, equipment, application specific "electronic assemblies", modules and integrated circuits, designed or modified to enable an item to achieve or exceed the controlled performance levels for functionality specified by 5A002.a that would not otherwise be enabled.

5A992 Equipment not controlled by 5A002.

B. TEST, INSPECTION AND PRODUCTION EQUIPMENT

5B002 "Information Security" test, inspection and "production" equipment, as follows (see List of Items Controlled).

C. MATERIALS{RESERVED}

D. SOFTWARE

5D002 "Software" as follows (see List of Items Controlled)

EI applies to "software" in 5D002.a,.c.1, or .d for equipment controlled for EI reasons in ECCN 5A002. Refer to Sec. 742.15 of the EAR.

Note:Encryption software is controlled because of its functional capacity, and not because of any informational value of such software; such software is not accorded the same treatment under the EAR as other "software'; and for export licensing purposes, encryption software is treated under the EAR in the same manner as a commodity included in ECCN 5A002.

Note:Encryption source code classified under this entry remains subject to the EAR even when made publicly available in accordance with part 734 of the EAR. However, publicly available encryption object code software classified under ECCN 5D002 is not subject to the EAR when the corresponding source code meets the criteria specified in Sec. 740.13(e), see also Sec. 734.3(b)(3) of the EAR.

Related Controls:

(1) This entry does not control "software" "required" for the "use" of equipment excluded from control under the Related Controls paragraph or the Technical Notes in ECCN 5A002 or "software" providing any of the functions of equipment excluded from control under ECCN 5A002. This software is classified as ECCN 5D992.

(2) After an encryption registration has been submitted to BIS or classification by BIS, mass market encryption software that meet eligibility requirements are released from "EI" and "NS" controls. This software is classified under ECCN 5D992.c. See Sec. 742.15(b) of the EAR.

Related Definitions: 5D002.a controls "software" designed ormodified to use "cryptography" employing digital or analog techniques to ensure "information security'.

5D992 "Information Security" "software" not controlled by 5D002.

a. "Software" specially designed or modified for the "development," "production," or "use" of equipment controlled by ECCN 5A992.a or 5A992.b.

b. "Software" having the characteristics, or performing or simulating the functions of the equipment controlled by ECCN 5A992.a or 5A992.b.

c. "Software" that BIS has received an encryption registration or that have been classified as mass market encryption software in accordance with Sec. 742.15(b) of the EAR.

E. TECHNOLOGY

5E002 "Technology" as follows (see List of Items Controlled).

EI applies to "technology" for the "development," "production," or "use" of commodities or "software" controlled for EI reasons in ECCNs 5A002 or 5D002. Refer to Sec. 742.15 of the EAR.

License Requirement Note: When a person performs or provides technical assistance that incorporates, or otherwise draws upon, "technology" that was either obtained in the United States or is of US-origin, then a release of the "technology" takes place. Such technical assistance, when rendered with the intent to aid in the "development" or "production" of encryption commodities or software that would be controlled for "EI" reasons under ECCN 5A002 or 5D002.a or 5D002.c, may require authorization under the EAR even if the underlying encryption algorithm to be implemented is from the public domain or is not of U.S. origin.

a. "Technology" according to the General Technology Note for the "development", "production" or "use" of equipment controlled by 5A002 or 5B002 or "software" controlled by 5D002.a or 5D002.c.

b. "Technology" to enable an item to achieve or exceed the controlled performance levels for functionality specified by 5A002.a that would not otherwise be enabled.

5E992 "Information Security" "technology" according to the General Technology Note, not controlled by 5E002.

a. "Technology" n.e.s., for the "development", "production" or "use" of equipment controlled by 5A992.a, "information security"or cryptologic equipment controlled by 5A992.b or "software" controlled by 5D992.a or b.

b. "Technology", n.e.s., for the "use" of mass market commodities controlled by 5A992.c or mass market "software" controlled by 5D992.c.

EAR99 Items subject to the EAR that are not elsewhere specified in this CCL Category or in any other category in the CCL are designated by the number EAR99.