On March 29, 2021, the US Department of Commerce, Bureau of Industry and Security (BIS) published a Final Rule in the Federal Register amending the Export Administration Regulations (EAR) to reflect the remaining approved 2019 changes to the dual-use controls adopted during the 2019 Wassenaar Arrangement Plenary Meetings.
BIS previously published a Final Rule in the Federal Register on October 5, 2020 implementing certain new controls on emerging technologies, as approved by the 2019 Wassenaar Arrangement Plenary Meetings. As set forth in the March 29, 2021 rule, the amendments revise 22 Export Control Classification Numbers (ECCNs) throughout the Commerce Control List (CCL), amends the entries for ECCNs 1A002.a.1 and 1D002 on the Sensitive List in Supp. No. 6 to Part 744 of the EAR, changes various provisions related to encryption items classified under ECCNs listed in Category 5—Part 2 on the CCL, revises certain reporting requirements under License Exception Encryption Commodities, Software and Technology (ENC) in § 740.17(e), and revises the Cryptography Note in Category 5—Part 2 on the CCL to indicate that not all “mass market” encryption items require classification by BIS or the submission of a self-classification report in order to be released from encryption items (EI) and national security (NS) controls of ECCNs 5A002 or 5D002.
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