BIS Seeks Public Comments on Foreign Produced Items Made from U.S.-Origin Encryption

On January 6, 2009, the Bureau of Industry and Security (BIS) published a notice in the Federal Register requesting public comments on the appropriate extent and scope of U.S. export controls on foreign products that are the direct products of U.S.-origin encryption technology or software. BIS is seeking information on the potential impact of controlling such foreign made items for Encryption Items (EI) reasons under the Export Administration Regulations (EAR) (i.e., those items classified under ECCN 5A002 or 5D002).

Specifically, BIS is requesting comments regarding the impact this control would have on both U.S. exporters of encryption technology/software and foreign manufacturers of products that are derived in whole or in part from U.S.-origin encryption technology or software. 

Comments must be received by BIS no later than March 9, 2009.