EAR - Export Administration Regulations
Part 734: Scope of the EAR – EAR - Export Administration Regulations

EAR - Export Administration Regulations 734.17: 734.17 Export of encryption source code and object code software

For encryption software the export is an actual shipment, transfer or transmission out of the United States or a transfer in the United States to a foreign embassy or affiliate; for 5D002 EI-controlled software it includes downloading it abroad or making it available online to persons outside the United States unless adequate precautions prevent unauthorised transfer. For internet transfers of 740.17(b)(2) products, the precautions include an access control system that checks requesting addresses outside the U.S., Australia, Canada and the U.K. for foreign government end-user domains, notice to every recipient that the software is export controlled, and an affirmative acknowledgment by every recipient that it is not for a government end user and cannot be exported without authorisation. Publicly available encryption source code meeting 742.15(b) and its object code are not subject.

Maintained by Gerard BlokdykVerified against the published standard Control text last updated

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Other controls in Part 734: Scope of the EAR – EAR - Export Administration Regulations

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