Export Licensing

Mercora Technologies products and services are subject to control under the Export Administration Regulations (EAR) governed by the U.S. Bureau of Industry and Security. Depending on the country, products end use, and end-user an export license may be required.

The information presented herein is for general reference only and should not be construed as legal advice on U.S. export control laws and regulations. For additional information on U.S. export control laws and licensing please refer to the EAR or contact the U.S. Bureau of Industry and Security.

Export Control Classification Number (ECCN)

The ECCN is an alpha-numeric code under the Commerce Control List (CCL) (Supplement No. 1 to Part 774 of EAR) that describes the category and restrictions of an export controlled item. Mercora Technologies products and services generally fall under the following classifications:

• 5E002 covers information security technology "performing any cryptographic function other than authentication or digital signature" and having any of the following characteristics:
  • A 'symmetric algorithm' employing a key length in excess of 56-bits; or
  • An 'asymmetric algorithm' where the security of the algorithm is based on any of the following:
    • Factorization of integers in excess of 512 bits (e.g., RSA);
    • Computation of discrete logarithms in a multiplicative group of a finite field of size greater than 512 bits (e.g., Diffie-Hellman over Z/pZ); or
    • Discrete logarithms in a group other than mentioned [above] in excess of 112 bits (e.g., Diffie-Hellman over an elliptic curve).
  In addition to information security technology ECCN 5E002 also covers technical assistance such as "instruction, skill training, working knowledge, and consulting services" for encryption items classified [above].
• 5E992 covers all other information security technology not controlled by 5E002.

License Exception ENC

A license exception is an authorization to export items subject to the EAR without obtaining an export license. The license exception for encryption commodities (ENC) are specified under 740.17 of the EAR. Products exported under License Exception ENC are categorized as either restricted or unrestricted technology depending on the products classification.

• ENC - Unrestricted

  Unrestricted products and services may be exported without a license to most government and non-government end-users in all territories except those listed in country group E:1 in Supplement 1 to Part 740 of the EAR. This group includes Cuba, Iran, North Korea, Sudan, and Syria. Please refer to the EAR for the most current list of E:1 countries.

• ENC - Restricted

  • Non-government end-users:

    Restricted products and services may be exported without a license to most non-government end-users in all territories except those listed in country groups D:1 and E:1. Please refer to the EAR for the most current list of D:1 countries.

  • Government end-users:

    Restricted products and services may be exported without a license to most government end-users in territories listed under Supplement No. 3 to Part 740 of the EAR. This group includes Austria, Australia, Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Estonia, Denmark, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Lithuania, Luxembourg, Malta, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey, and the United Kingdom. Please refer to the EAR for the most current list of Supplement No. 3 countries.

Applying for an Export License

If an item does not fall under the provisions of License Exception ENC a license must be filed with the U.S. Bureau of Industry and Security. License applications may be submitted using the on-line Simplified Network Application Process Redesign (SNAP-R). Once an application is submitted it will take up to 30 days for a review.