Encryption

ECCN 5A992.c, 5A002 and 5D002: Encryption Export Controls Explained

ECCN 5A992.c is mass-market encryption released from 5A002 by the Cryptography Note. How 5A002, 5D002 and 5D992.c differ and when § 740.17 filings apply.

Feb 18, 2026 Updated Oct 23, 2026 6 min read By ECCN.help

ECCN 5A992.c (also written 5A992c) is the Commerce Control List entry for mass-market encryption hardware: items that would otherwise be 5A002 but are released by the Cryptography Note. The matching software entry is 5D992.c. Encryption items that do not meet the Note stay in 5A002 (hardware), 5D002 (software) or 5E002 (technology) under the Export Administration Regulations (EAR), where they carry national security and encryption controls.

All of these sit in Category 5, Part 2 of the Commerce Control List, headed "information security". Almost every modern product encrypts something, so almost every exporter meets these rules. Three questions decide the classification. Is it controlled as an encryption item at all? Is it 5A002 or 5D002? And does the Cryptography Note release it to mass market 5A992 or 5D992?

Which ECCNs Category 5 Part 2 covers

ECCNWhat it covers
5A002Information security systems, equipment and components (hardware)
5A003 and 5A004Non-cryptographic information security, and equipment for defeating or weakening information security
5B002Test, inspection and production equipment for these items
5D002Software for these items, including software that itself encrypts
5E002Technology for these items
5A992, 5D992 and 5E992The "mass market" entries for items released by the Cryptography Note, and certain other items

Step 1: Does the item have an information-security function?

The main trigger is cryptography for data confidentiality using a "described security algorithm". The notes to 5A002 exclude many cryptographic uses, for example authentication-only functions and items whose primary function is not information security, computing, communications or networking. An item that only authenticates, or that uses cryptography for copy protection, may fall outside 5A002.

Step 2: Is the item ECCN 5A002 or 5D002?

5A002.a covers items designed or modified to use cryptography for data confidentiality with a described security algorithm, where the cryptographic capability is usable, has been activated or can be activated. Typical examples are network encryptors, VPN appliances and hardware security modules. Their software is 5D002 and their design know-how is 5E002.

The sub-paragraphs of 5A002.a sort items by primary function. 5A002.a.1 is for items whose primary function is information security. 5A002.a.2 is for digital communication or networking systems, equipment and components, and 5A002.a.3 is for computers and other items whose primary function is information storage or processing. Check the full text for the remaining sub-paragraphs.

Step 3: Does the Cryptography Note make it mass market 5A992.c?

Note 3 to Category 5 Part 2, the Cryptography Note, releases items from 5A002 and 5D002 when all of the following are true:

  • The item is generally available to the public, sold without restriction from stock at retail by over-the-counter, mail order, electronic or telephone transactions.
  • The user cannot easily change its cryptographic functionality.
  • It is designed for installation without substantial support from the supplier.
  • Details of the item are available to the authorities on request.

Released items are classified 5A992.c (hardware) or 5D992.c (software). A consumer Wi-Fi router with WPA3, or a messaging app with end-to-end encryption, is typically mass market. Each condition is taken in turn in how the Cryptography Note works.

Step 4: Which § 740.17 filing applies?

Encryption is unusual in that some items need a filing even when no licence is required. Under § 740.17 of the EAR, depending on the item:

  • some mass-market items and many License Exception ENC items require a classification request to BIS before export;
  • others may be exported after the exporter files an annual self-classification report;
  • certain items need no filing.

Which applies depends on the item's functions and market, so check § 740.17 for the specific product. See self-classification vs. a BIS request and what replaced encryption registration.

License Exception ENC for 5A002, 5D002 and 5E002 items

Items that stay in 5A002, 5D002 or 5E002 are controlled for national security (NS), anti-terrorism (AT) and encryption items (EI) reasons. Many can still be exported under License Exception ENC (§ 740.17) to most destinations, subject to its conditions and filings. Embargoed destinations and prohibited end users remain off-limits. The paragraphs are set out in License Exception ENC explained.

Advanced computing: the .z paragraphs

Since the advanced computing rules, items that incorporate chips meeting 3A090 or 4A090 have their own paragraphs, such as 5A992.z, with additional regional stability (RS) controls. A mass-market server with qualifying accelerators is 5A992.z.1. It does not go in 5A992.c. Mass-market software has the matching 5D992.z, and items that stay in 5A002 have 5A002.z.

Worked example: a consumer mesh router

Take a consumer mesh Wi-Fi router, sold at retail, with WPA3 encryption the user cannot change and installed by the customer. It uses cryptography for confidentiality (step 1), so it would be 5A002 (step 2). It meets every limb of the Cryptography Note (step 3) and contains no 3A090 chips. It is 5A992.c, with the appropriate § 740.17 filing made or confirmed as not required.

Common encryption classifications at a glance

ItemUsual ECCNComment
Consumer router, smartphone app or laptop using standard encryption, sold at retailUsually 5A992.c (hardware) or 5D992.c (software)After the Cryptography Note
Enterprise VPN or network encryptor sold through direct channels and configured for the customerOften 5A002.aExportable to many destinations under License Exception ENC
Development tools for encryption products5D002.aDesign know-how is 5E002.a
Items whose cryptography only authenticatesMay fall outside 5A002Check the exclusions in the 5A002 notes carefully
Mass-market items with advanced computing chips5A992.z or 5D992.zAlso controlled for RS

To read each part of a code like 5A992.c, see ECCN number structure explained.

Questions to answer before classifying an encryption item

  1. Does it use cryptography for data confidentiality, or only for authentication, integrity or copy protection?
  2. Which algorithms and key lengths does it implement, and can the user activate or change them?
  3. How is it sold: at retail to the general public, or through direct negotiated sales?
  4. Does it need substantial supplier support to install or configure?
  5. Has the manufacturer made a classification request or a self-classification report under § 740.17?
  6. Does it incorporate chips that meet 3A090 or 4A090?

With those answers, the path through 5A002, the Cryptography Note and 5A992 is usually clear. If it is not, a classification request to BIS settles it. The encryption classification FAQ covers other common cases.

Encryption in ECCN.help

When you describe an item and choose "It uses encryption", ECCN.help goes to Category 5 Part 2 and suggests the product group. The ECCN.help Classification Workflow then asks the Cryptography Note questions one at a time, followed by the filing question and the advanced computing question, and records each answer. The mesh router example on that page shows the full walk to 5A992.c.

ECCN.help provides research and assistance, not legal advice. Verify every result against the regulation.

Frequently asked questions

What is ECCN 5A992.c?

5A992.c is the ECCN for mass-market encryption hardware: items that would be 5A002 but are released by the Cryptography Note. They are controlled mainly for anti-terrorism reasons. The software equivalent is 5D992.c.

What is ECCN 5A002?

5A002 controls information security equipment and components, notably items designed or modified to use cryptography for data confidentiality with a described security algorithm, where that function is usable and not excluded.

What is the difference between 5A002 and 5A992?

5A992 covers encryption items released from 5A002 by the Cryptography Note (mass market). They are controlled mainly for anti-terrorism reasons, while 5A002 items carry national security and encryption controls.

What is ECCN 5D002?

5D002 is the software entry for 5A002 items, including software that itself encrypts. Software released from 5D002 by the Cryptography Note is classified 5D992.c.

What makes an encryption product mass market?

Under the Cryptography Note, the item must be generally available to the public at retail, its cryptographic functionality must not be easily changeable by the user, it must install without substantial supplier support, and details must be available on request.

Do mass-market encryption items need a filing?

Some do. Depending on the item, § 740.17 of the EAR requires either a classification request or an annual self-classification report before or after export. Certain items need no filing.

Related guides

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