Encryption & Cat 5

Mass-Market Encryption: How the Cryptography Note Works

Mass-market encryption: how the Cryptography Note releases items from 5A002 and 5D002 to 5A992.c and 5D992.c, its four conditions, examples and filings.

Jul 29, 2026 Updated Oct 23, 2026 4 min read By ECCN.help

Mass-market encryption items are products that use encryption but are released from 5A002 and 5D002 by the Cryptography Note (Note 3 to Category 5, Part 2 of the Commerce Control List). Under the EAR they are classified in the "mass market" entries 5A992.c and 5D992.c, which are controlled mainly for anti-terrorism reasons. Most encryption products that ordinary people buy, such as phones, laptops, routers and messaging apps, are in this group even though they use strong encryption. This article explains how the note works.

Where the Cryptography Note fits

Encryption classification runs in order. Does the item use cryptography for data confidentiality? Is it excluded by a note to 5A002? Would it be 5A002 or 5D002? If so, does the Cryptography Note release it? The note is relevant only to items that would otherwise be caught. The full sequence is in encryption export controls explained, and the encryption FAQ covers common product types.

What are the four conditions of the Cryptography Note?

An item is released when all of the following are true:

  1. It is generally available to the public: sold, without restriction, from stock at retail selling points by over-the-counter, mail order, electronic or telephone transactions.
  2. The user cannot easily change its cryptographic functionality.
  3. It is designed for installation by the user without further substantial support by the supplier.
  4. Details are available on request to the authorities of the exporter's country, to confirm the above.

Components and executable software of such items can also be covered, with conditions set out in the note.

What typically qualifies as mass market

  • smartphones, tablets and laptops sold at retail;
  • consumer Wi-Fi routers and mesh systems;
  • off-the-shelf operating systems and office software;
  • messaging and consumer VPN apps distributed through app stores;
  • consumer storage devices with built-in encryption.

What often does not qualify

  • equipment sold only through negotiated enterprise contracts and configured by the vendor;
  • network infrastructure with cryptographic functions the customer can customise;
  • items whose cryptography the user can change or extend;
  • custom or government-specific cryptographic systems.

These stay in 5A002 or 5D002 and are usually exported under License Exception ENC.

Filings for mass-market items

Mass-market status does not always mean no paperwork. Under § 740.17, some mass-market items require a classification request to BIS before export, others can be exported after filing an annual self-classification report, and some need neither. Which applies depends on the item's type and functions. See what replaced encryption registration.

How 5A992.c and 5D992.c are controlled

Mass-market items are controlled mainly for anti-terrorism (AT) reasons, so a licence is required only for a small number of destinations. Embargoes and end-use and end-user controls apply as well. Items with advanced computing chips fall in the .z paragraphs and carry more controls. To see which destinations an AT control reaches, use the Commerce Country Chart.

Worked example: a 5A992.c mesh Wi-Fi system

A consumer mesh Wi-Fi system with WPA3 is sold at electronics retailers and online. The customer configures it through an app, and there is no way to change the cryptography. It would be 5A002.a, but it meets all four conditions, so it is 5A992.c, with the § 740.17 filing position confirmed.

Keeping evidence for each condition

Record how each condition is met and keep the evidence with the classification, together with the filing records. This makes the release easy to defend and easy to re-check when the product, its cryptography or its sales model changes.

ConditionEvidence to keep
Generally availableRetail listings, app store pages, price lists open to the public
Not easily changeableProduct documentation showing the cryptographic settings the user can and cannot change
User installationQuick-start guides and support policies showing no substantial supplier involvement
Details on requestA named contact and a technical summary ready to provide

Borderline situations

Some products are sold both at retail and through enterprise contracts. The retail version may qualify while a customised enterprise version does not.

If an administrator can select stronger or custom algorithms, the "not easily changeable" condition needs careful analysis.

Where installation usually needs the vendor, the third condition may fail.

In borderline cases, a classification request to BIS provides certainty. See self-classification vs. a BIS request.

How ECCN.help handles the Cryptography Note

The ECCN.help Classification Workflow asks each Cryptography Note condition as a separate question and records the answers. The router example on that page shows the full path to 5A992.c. It is rule-based, with no AI.

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

Frequently asked questions

What is the Cryptography Note?

Note 3 to Category 5, Part 2 of the Commerce Control List. It releases certain mass-market encryption items from 5A002 and 5D002, so they are classified 5A992.c or 5D992.c instead.

What are the conditions of 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 be designed for installation without substantial supplier support, and details must be available to the authorities on request.

What is a 5A992.c mass-market item?

It is an encryption item that would be 5A002 but meets all four conditions of the Cryptography Note, such as a consumer Wi-Fi router sold at retail with cryptography the user cannot change. Mass-market software goes to 5D992.c.

Are components of mass-market products also released?

The note includes provisions for certain components and executable software of mass-market items, but components have their own conditions. Check the note and § 740.17.

Does a mass-market item need a licence?

5A992 and 5D992 items are controlled mainly for anti-terrorism reasons, so a licence is needed only for a small number of destinations, plus the usual end-use and end-user controls.

Related guides

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