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Export Control Issues for Companies Using Encryption Software

February 2011

U.S. companies and persons may be subject to export controls in cases when they send, license or transmit encryption software or other related technologies to foreign countries or persons, even if to their own affiliates.  Category 5, Part 2 of the Bureau of Industry and Security’s (BIS) Commerce Control List (CCL) sets forth these restrictions.  Violations of these restrictions can lead to civil and even criminal penalties.  It is important to know these restrictions in advance, which can be generally summarized as follows:

Joseph Gustavus  
Jeffrey Richardson