Digi Export Compliance
Digi encryption products have either undergone a review by the Bureau of Industry and Security (BIS), a branch of the U.S. Department of Commerce, which regulates exports through the Export Administration Regulations (EAR) or are eligible for self-classification These regulations describe the export restrictions on a wide variety of goods, software and technologies. Digi products qualify for Mass Market Exception, License Exception ENC (15 CFR Part 740.17) or have no license requirement (NLR) for all non-government sales. The U.S. Commerce Department’s Bureau of Industry and Security website provides U.S. export guidance at https://www.bis.doc.gov/licensing/exportingbasics.htm
Encryption Status
Digi’s restricted encryption solutions and products may be delivered to end-users for a wide variety of end-uses and destinations without having to apply for an individual export license.
Digi unrestricted solutions and products may be delivered to most end-users for end-uses worldwide without a licensing requirement. Both Digi’s restricted and unrestricted solutions and products have undergone a one-time review by the U.S. government and qualify for License Exception ENC (15 CFR Part 740.17(b)(2) and (b)(3)). Digi’s mass-market solutions and products are eligible for self-classification under 15 CFR Part 740.17(b)(1). Mass-market solutions and products normally do not require a license and are exported under the designation “NLR” (No License Required).
Digi solutions and products containing 64-bit or less encryption may be delivered to most end-users worldwide, except to entities or end-users in the following countries: Cuba, Iran, North Korea and Syria.
All transactions must undergo a compliance check to ensure that none of the parties to an order are listed on any of the various denied parties and denied entities lists.
To determine a given product’s classification, please visit Digi’s Product Export Data Tool
You may search by ECCN, CCATS, and Digi part number.
What do you need to know about the export process?
- All transactions are subject to the export controls of the country they originate in.
- All transactions are also subject to U.S. re-export controls, regardless of the location of the order.
- No product can be shipped to U.S. embargoed countries.
- No product can be shipped to any party on a denial list.
- Only 5A002 and 5D002 restricted products are strongly controlled by the United States, however, other countries make no distinction between U.S. Restricted and Non-Restricted products and control all 5A002 and 5D002 products.
- End-use/install site information must be in place for all restricted product orders. Distributors, freight forwarders and depots are NOT end-users. The install site must be identified and screened.
- All transactions undergo a compliance check to ensure that none of the parties to an order are listed on any of the various denied parties and denied entities lists.
License Application
A U.S. export license is required for government and military end-users outside the EU license-free zone. If necessary, Digi will apply for an export license for the end-user. Based on the information provided, Digi will determine if a license must be applied for. Digi will apply for the license on behalf of the end-user. Digi will always try to qualify customers for license exemptions. Government and military users outside the EU license-free zone will require a U.S. export license.
U.S. Export Restrictions on Countries
EU License-Free Countries |
Non-EU License-Free Countries |
Embargoed Countries |
All restricted products can ship, no license, no written assurance required.
Austria, Australia, Belgium, Bulgaria, Canada, Czech Republic, Cyprus, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Iceland, Italy, Japan, Latvia, Lithuania, Luxembourg, Malta, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey, United Kingdom and the United States |
All restricted product has the following requirements:
An end-user is required for restricted encryption product.
Government and military end-uses must have a license. |
Nothing ships, if you have questions contact: [email protected]
Cuba
Iran
North Korea
Syria |
Civilian Solutions: Restricted Encryption and Unrestricted
Digi’s restricted strong encryption products and solutions may be exported or re-exported to most civilian/commercial end-users and destinations without having to apply for an individual export license, except the embargoed destinations and countries designated as supporting terrorist activities. Countries listed in Part 746 of the EAR as embargoed destinations requiring a license are Cuba, Iran, North Korea and Syria.
Digi’s unrestricted products and solutions can be exported to most end-users for end-uses worldwide without a licensing requirement, except to the embargoed destinations of Cuba, Iran, North Korea and Syria.
Government Solutions: Restricted Encryption
Government entities not located in the following countries require a U.S. export license in order to obtain restricted non-retail strong encryption items: Austria, Australia, Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Estonia, 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, United Kingdom, United States.
Government Solutions: Unrestricted Encryption
Digi’s unrestricted strong encryption products and solutions may be exported or re-exported to most government end-users/end-uses located in all destinations except the embargoed destinations and countries designated as supporting terrorist activities. Countries listed in Part 746 of the EAR as embargoed destinations requiring a license are Cuba, Iran, North Korea and Syria.
Civilian/Commercial or Government Solutions (64-bit or less)
Digi products and solutions containing 64-bit or less encryption may be delivered to government, civilian, military and commercial end-users worldwide except to entities or end-users in the following countries: Cuba, Iran, North Korea and Syria.
Denied/Restricted Parties List and Embargoed Countries
All Digi products and solutions are subject to anti-terrorism controls and may not be delivered to individuals or entities listed on the U.S. government’s Denied/Restricted Parties List without first obtaining a license. Please review the U.S. Bureau of Industry and Security’s lists to check at https://www.bis.doc.gov/index.php/policy-guidance/lists-of-parties-of-concern for more information.
Embargoed Countries
Digi products, including encryption solutions, may be exported or re-exported to most civilian/commercial end-users located in all territories except the embargoed destinations and countries designated as supporting terrorist activities. Countries listed in Supplement 1 to Part 738 of the EAR as embargoed destinations requiring a license are Cuba, Iran, North Korea and Syria.
Delivery, Import and Use
Delivery of Digi cryptographic products does not imply unrestricted third-party authority to import, distribute or use restricted and non-restricted encryption.
- Importers, distributors, customers and users are responsible for compliance with U.S. and local country export laws and regulations.
- Digi strongly recommends that importers, distributors and users investigate such regulations prior to encryption product deployment.
- Digi encourages customers to contact their local freight forwarder, consultant or an attorney with knowledge of international export requirements to ensure compliance.
Prohibited Uses
Digi products, software and technical data may not be used, directly or indirectly, in uses inconsistent with the original design and intended application (e.g., communications and network management), without Digi authorization and applicable U.S. government authorization. This includes, but is not limited to, the following activities:
- Designing, developing or fabricating nuclear weapons or nuclear explosive devices; or devising, carrying out or evaluating nuclear tests or nuclear explosions.
- Designing, assisting in the design of, constructing, fabricating or operating facilities for the chemical processing of irradiated special nuclear material, for the production of heavy water, for the separation of isotopes of any source and special nuclear material or specially designed for the fabrication of nuclear reactor fuel containing plutonium.
- Designing, assisting in the design of constructing, fabricating, furnishing or modifying equipment for the fabrication of chemical or biological weapons, chemical precursors, viruses, viroids, bacteria, fungi or protozoa.
- Designing, assisting in the design, construction, fabrication or furnishing equipment for components specially designed, modified or adapted for use in such facilities.
- Training personnel in any of the above activities.
Product Export Data
You may use the product export data tool to locate the ECCN, Country of Origin, Harmonized Tariff Schedule and Encryption Control Status. The tool is available at Digi’s Product Export Data Tool.
Re-Export of Digi Items
Non-U.S. and U.S. companies re-exporting Digi products or technology must comply with local export regulations and U.S. re-export regulations. Guidance regarding re-exports and other offshore transactions involving items originating in the U.S. can be found at https://www.bis.doc.gov/index.php/licensing/reexports-and-offshore-transactions
Government Sales
Sales of Digi products, except those categorized as (b)(2) for ENC on ECCNs and included on the Product Export Data search, are permissible to government entities of non-embargoed countries.
Products found in the Product Export Data search may be exported to government entities located in the countries listed below without a U.S. export license (Part 740 Supplement 3 “EU+8 list). All other government sales are prohibited without license review.
Austria, Australia, Belgium, Canada, Cyprus, Czech Republic, Denmark, Estonia, 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, United Kingdom, United States
Before completing a license application, please contact the [email protected] to ensure the end-user does not qualify under one of the license exemption categories.
Please email export compliance questions or reports of violations or concerns [email protected]
To speak with a Bureau of Industry and Security export counselor, please call the number listed below or visit www.bis.doc.gov for additional resources:
Outreach and Educational Services Division, Washington, DC: 202-482-4811