Lasted Updated: April 9, 2018
Exports, re-exports and transfers of KEMP products and technology are subject to control under the Export Administration Regulations ("EAR"), as administered by the U.S. Department of Commerce's Bureau of Industry and Security ("BIS"). Diversion of KEMP products and technology contrary to U.S. law is prohibited. Depending on where you reside, additional import or export requirements may apply.
The export or re-export of items that are subject to the EAR to an embargoed or sanctioned destination (Cuba, Iran, North Korea, Sudan, and Syria) without a valid license or license exception is prohibited. Further, the U.S. Department of Treasury's Office of Foreign Assets Control may impose additional controls on exports, re-exports, or transfers to these destinations.
Exports to entities listed on a U.S. government denied party/prohibited end-user list may be prohibited or proceed only if they have been licensed. In addition, exports that support the design, development, or production of biological, chemical, or nuclear weapons, or missile proliferation, are prohibited without prior U.S. government authorization.
Please note that the information set forth on the website is provided for general reference purposes only. It is not intended to constitute legal guidance, and the information contained herein is subject to change at any time by the BIS or other U.S. government authorities. Please consult the EAR, or contact the BIS, for further details on U.S. export control and licensing requirements.
Product Export Classification and Licensing Definitions
Following are definitions of key terms that relate to the export classification and licensing of KEMP products and technology. If you have a question about how KEMP product has been classified for export.
ECCN: The Export Control Classification Number, or ECCN, is the U.S. term for an export classification code. An ECCN identifies the relevant category and paragraph of a classification, as they are maintained under the EAR's Commerce Control List.
Typically, KEMP's products are classified under one of the following ECCNs:
5A002: Information security hardware that is designed or modified to use cryptography, employing analog principles when implemented with digital techniques.
5D002: Software that has the characteristics, or performs or simulates the functions of the equipment controlled under ECCN 5A002.
5D992(c): Software that has the characteristics, or performs or simulates the functions of the equipment controlled by ECCN 5A992(a), but which does not meet the characteristics of ECCN 5A002.
EAR99: Refers to items that are subject to the EAR but are not listed above.
CCATS: Refers to the Commodity Classification Automated Tracking System, or CCATS, number that the BIS assigns to a commodity classification request.
Encryption Licensing Arrangement: Refers to a specific type of export license that allows the export or re-export of specified encryption hardware or software to specified destinations in unlimited quantities. In certain cases, shipments authorized under an Encryption Licensing Arrangement may be limited to specified end users for specified end uses.
License Exception: A license exception is an authorization that allows the export or re-export of items subject to the EAR without first obtaining an export license under certain specified conditions. Most KEMP products may be exported under License Exception ENC, as set forth under Section 740.17 of the EAR.
ENC-Restricted: Refers to products that may be exported or re-exported under License Exception ENC to non-government end users in all countries, except to embargoed or sanctioned countries. These products also may be exported without a license to government entities in the countries listed in Supplement No. 3 to Part 740 of the EAR. Exports or re-exports to government entities in other countries require a license.
ENC-Unrestricted: Refers to products that may be exported or re-exported under License Exception ENC to government or non-government end users in all countries, except embargoed or sanctioned countries.
Mass-Market Encryption: Refers to products that meet the following characteristics:
- Generally available to the public by being sold, without restriction;
- The cryptographic functionality cannot be easily changed by the user;
- Designed for installation by the user without further substantial support by the supplier;
- When necessary, details of the items are accessible and will be provided, upon request, to the appropriate authority.
Deemed Export: Under the EAR, an export is "deemed" to take place when technology or source code is released to a foreign national in the United States. Such a release is viewed as an export to that foreign national's country or last country of permanent residence.
ENC or ELA Reporting: Refers to the semi-annual reporting requirement, as set forth under the Section 740.17(e) of the EAR, for exports to all destinations other than Canada, and for re-exports from Canada for certain encryption items.