International Traffic in Arms Regulations (ITAR) controls the export and import of defense-related articles and services on the United States Munitions List. The related Export Administration Regulations (EAR – Federal Regulation Title 15 chapter VII, subchapter C) are enforced by the Bureau of Industry and Security (BIS) in the Commerce Department. Encryption commodities, software and services are interpreted and enforced by BIS.
Blacksands, Inc. is authorized to export and re-export encryption products as described in Part 740-17 (b) (1) of the EAR and mass market encryption products as described in Part 742-15 (b) (1). Mass market export authorization is granted to end users located or headquartered in Supplement 3 to Part 740.17 of the EAR.
Blacksands exports are authorized by license exception Encryption Commodities, Software and Technology (ENC) under Section 740.17 (A) of the EAR. Blacksands Items are specifically controlled by Export Control Classification Numbers (ECCN) 5A002 and 5D002, as delineated in the EAR, Part 742.15, Encryption Items. Blacksands export-approved items are listed in the Simplified Network Application Process – Redesign (SNAP-R) database under Encryption Registration Number R103232.
License Exception ENC does not authorize export or re-export to, or provision of any service in any country listed in Country Group E:1 in Supplement No. 1 to Part 740 of the EAR, or release of source code or technology to any national of a country listed in Country Group E:1, which includes Cuba, North Korea, Sudan, Syria and Iran. Moreover, other restrictions may apply. Exporters and re-exporters should be aware that other U.S. Government agencies administer regulations that could also impact their export or re-export transactions. For example, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) also implements certain sanctions against Cuba, Iran, North Korea, Sudan, and Syria. Exporters and re-exporters are responsible for complying with all applicable regulatory requirements.
Also, see Part 746.1(b) for United Nations Security Council Sanctions under the EAR. See Part 746.3 for United Nations Security Council-related license requirements for exports and re-exports to Iraq or transfer within Iraq under the EAR, as well as regional stability licensing requirements not included in the Country Chart.
This notice is not intended to be a comprehensive summary of the export laws that govern the Blacksands products and services. It is your responsibility to consult with a legal advisor to ensure compliance with applicable laws. You agree to notify Blacksands prior to any export of Blacksands Items.