EAR “Escape Room” Encryption, De Minimis, and Foreign Direct Products

The US encryption export controls have many exemptions that allow products to “escape,” fully or partially, from control under Category 5, Part 2. Some are broad, some are narrow, and many can be self-certified, without having to file an encryption classification request. Sometimes, companies impose higher levels of export controls on products using encryption, because they are not confident about using these exemptions.

This session will focus on interpreting and applying the exemptions to various types of products, exploring how the key exemptions work.