August 1, 2020, is the deadline for submitting semi-annual reports for certain encryption items exported or re-exported between January 1 and June 30, 2020, pursuant to paragraphs (b)(2) and (b)(3)(iii) of License Exception ENC (15 CFR 740.17). The encryption items subject to the semi-annual reporting requirement include:
- certain network infrastructure items
- certain encryption source code that is not publicly available
- items that have been specifically designed, modified, adapted or customized for “government end-users”
- commodities and software for quantum cryptography
- cryptanalytic items and items with an open cryptographic interface
- commodities and software that provide penetration capabilities that are capable of attacking, denying, disrupting or otherwise impairing the use of cyber infrastructure or networks
- items that perform advanced network vulnerability or digital forensics analysis
- encryption technology classified under Export Control Classification Number (ECCN) 5E002
Note that the semi-annual reporting requirement does not apply to encryption items authorized for export under paragraph (b)(1) of License Exception ENC, including mass market products classified under ECCN 5A992 or 5D992.
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