TITLE 15 - COMMERCE AND FOREIGN TRADE

SUBTITLE B - REGULATIONS RELATING TO COMMERCE AND FOREIGN TRADE

CHAPTER VII - BUREAU OF INDUSTRY AND SECURITY, DEPARTMENT OF COMMERCE

SUBCHAPTER C - EXPORT ADMINISTRATION REGULATIONS

PART 740 - LICENSE EXCEPTIONS

740.8 - Key management infrastructure (KMI).

  (a) Scope. License Exception KMI authorizes the export and reexport of certain encryption software and equipment.

  (b) Eligible commodities and software. (1) Recovery encryption commodities and software of any key length controlled under ECCNs 5A002 and 5D002 that have been classified after a technical review through a classification request. Key escrow and key recovery commodities and software must meet the criteria identified in Supplement No. 4 to part 742 of the EAR.

  (2) For such classification requests, indicate License Exception KMI in block 9 on Form BIS-748P. Submit the original request to BIS in accordance with 748.3 of the EAR and send a copy of the request to: Attn: ENC Encryption Request Coordinator, 9800 Savage Road, Suite 6940, Fort Meade, MD 207556000.

  (c) Eligible destinations. License Exception KMI is available for all destinations, except destinations in Country Group E:1 (see Supplement No. 1 to this part).

  (d) Reporting requirements. (1) You must provide semiannual reports to BIS identifying: (i) Ultimate consignee; specific end-user name and address, if available; and country of ultimate destination; and (ii) Quantities of each encryption item shipped.

  (2) You must submit reports no later than February 1 and no later than August 1 of any given year.

[61 FR 68579, Dec. 30, 1996, as amended at 63 FR 50520, Sept. 22, 1998; 63 FR 72159, Dec. 31, 1998; 65 FR 2496, Jan. 14, 2000; 66 FR 42109, Aug.

10, 2001; 70 FR 22249, Apr. 29, 2005]