U.S. Export Compliance

Definitions
Embargoed Destinations
U.S. Prohibited and/or Restricted Lists
Enhanced Proliferation Control Initiative
Commodity Classification Automated Tracking System (CCATS)
Deemed Export
Export Control Classification Number (ECCN)
ENC/Restricted (Civilian/Commercial End Users)
ENC/Restricted (Government End Users)
ENC/Unrestricted
Foreign Nationals
Government End User
License Exception
Mass Market/NLR
ECCN, HTS, and License Product Matrix—McAfee LLC Software & Hardware
Important Notice & Disclaimer

 

Exports and re-exports of McAfee products are subject to U.S. export controls and sanctions administered by the Commerce Department’s Bureau of Industry and Security (BIS) under the U.S. Export Administration Regulations (EAR).

This page provides export control information on McAfee software and hardware products. McAfee products provide encryption features that are subject to the EAR and other U.S. laws. These features have been approved for export from the United States, subject to certain requirements and limitations. You may find the information on this page useful for determining exportability to particular countries or parties, and for completing export or shipping documentation, recordkeeping, or post-shipment reporting.

Although we provide the information on this page, you remain responsible for exporting or re-exporting McAfee software in accordance with U.S. law. We encourage you to seek appropriate legal advice and/or consult the EAR and the BIS Information Technology Controls Division before exporting, re-exporting, or distributing McAfee software and hardware. The information provided here is subject to change without notice.

Definitions

The following information on definitions is based on U.S. Export Administration Regulations (EAR). For more information on the EAR, visit the Bureau of Industry and Security (BIS) website or contact its offices directly at one of the phone numbers listed below:

  • BIS Office of Exporter Services: 202-482-4811
  • BIS Western Regional Office: 949-660-0144

Re-export of McAfee items
Non-U.S. and U.S. companies re-exporting McAfee products or technology must comply with both their local export rules and with U.S. re-export regulations. Guidance regarding re-exports and other offshore transactions involving items of U.S. origin can be found on the Bureau of Industry and Security website.

Embargoed Destinations

McAfee products may not be exported or re-exported, either directly or indirectly, to any country embargoed by the United States, or to any country considered by the United States as a supporter or international terrorism, without proper authorization from the U.S. government. Cuba, Iran, North Korea, Sudan, Syria, and Crimea, Donetsk , Kherson, Luhansk, and Zaporizhzhia Regions of Ukraine are embargoed destinations.

U.S. Prohibited and/or Restricted Lists

McAfee products may not be sold, exported, or re-exported to any person or entity designated as prohibited or restricted by an agency of the U.S. government. Exports to companies, organizations, or persons listed on the Specially Designated Nationals List, the Debarred List, the Entity List, and other governmental lists are prohibited. Please review the prohibited U.S. government lists.

Enhanced Proliferation Control Initiative

McAfee products may not be used directly or indirectly in the design, development, fabrication, or use of nuclear, chemical, or biological weapons or missile technology without U.S. government authorization.

Commodity Classification Automated Tracking System (CCATS)

The BIS uses the Commodity Classification Automated Tracking System (CCATS) to assign code numbers to products it has classified against the Commerce Control List (CCL). The CCL contains items subject to BIS export license requirements. McAfee lists CCATS numbers on our product matrix.

Deemed Export

A deemed export is any release of technology or source code, subject to the EAR, to a foreign national within the United States. Such a release is deemed to be an export to the home country or countries of the foreign national. This deemed export rule does not apply to persons lawfully admitted for permanent residence in the United States or to persons who are protected individuals under the Immigration and Nationality Act, 8 U.S.C. § 1324b(a)(3). Additional information on deemed exports can be found on the BIS website.

Technology or software is released for export through:

  • Visual inspection by foreign nationals of U.S.-origin equipment and facilities.
  • Oral exchanges of information in the United States or abroad.
  • The application to situations abroad of personal knowledge or technical experience acquired in the United States.

Delivery of McAfee cryptographic products does not imply 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. McAfee strongly recommends that importers, distributors, and users investigate such regulations before deploying encryption products. McAfee encourages customers to contact their local freight forwarder, consultant, or attorney with knowledge of international export requirements.

McAfee products may not be used directly or indirectly in the design, development, fabrication, or use of nuclear, chemical, or biological weapons or missile technology without U.S. government authorization.

Export Control Classification Number (ECCN)

An Export Control Classification Number (ECCN) is assigned to a product by the BIS. An ECCN is an alphanumeric classification used in the EAR under the Commerce Control List (CCL) to identify items for export control purposes.

The BIS uses the Commodity Classification Automated Tracking System (CCATS) to assign code numbers to products it has classified against the Commerce Control List (CCL). The CCL contains items subject to BIS export license requirements. McAfee lists CCATS numbers on our product matrix.

ENC/Restricted (Civilian/Commercial End Users)

ENC/Restricted products may be exported or re-exported to most civilian and commercial end users located in all territories, except 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, Sudan, and Syria and Crimea, Donetsk, and Luhansk Regions of Ukraine.

ENC/Restricted (Government End Users)

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, and United States.

ENC/Unrestricted

ENC/Unrestricted products are eligible for export to any end user, including government, in all countries except the following embargoed countries: Cuba, Iran, North Korea, Sudan, Syria, and Crimea, Donetsk, and Luhansk Regions of Ukraine.

Foreign Nationals

Any person born outside the jurisdiction of the United States, subject to a foreign government, and not naturalized under U.S. law is considered a foreign national. This includes foreign national contractors and vendors. For the purposes of the EAR, a foreign national subject to the U.S. deemed export rule is not a citizen of the United States and not a legal permanent resident (i.e., not a permanent resident alien or green card holder).

A U.S. export license may be needed before disclosing certain kinds of software or technology to a foreign national if:

  • The software or technology is export-controlled.
  • The individual is a citizen of one or more of the following countries: Cuba, Iran, North Korea, Sudan, Syria, or Crimea, Donetsk, and Luhansk Regions of Ukraine.

Government End User

Foreign central, regional, or local government department, agency, or other entity performing governmental functions.

License Exception

An authorization described in part 740 of the EAR that allows the export or re-export, under stated conditions, of products subject to the EAR that otherwise would require a license. Unless otherwise indicated, these License Exceptions are not applicable to exports under the licensing jurisdiction of agencies other than the Commerce Department.

Mass Market/NLR

Mass Market products are eligible for export with No License Required (NLR) to any end user (including government) in all countries except embargoed countries and those that are designated by the United States as supporters of international terrorism: Cuba, Iran, North Korea, Sudan, and Syria and Crimea, Donetsk, and Luhansk Regions of Ukraine. Mass Market products are eligible for de minimus treatment.

ECCN, HTS, and License
Product Matrix—McAfee LLC Software & Hardware

The following matrix provides information on McAfee's products as related to the EAR and the CCL. This information is suitable for use by McAfee’s customers in conjunction with appropriate independent legal advice. McAfee makes no representation or warranty as to the accuracy or reliability of the classifications listed in the Product Matrix. Any use of such classifications by the user is without recourse to McAfee LLC and is at the user’s own risk.

Important Notice & Disclaimer

McAfee is providing this information as a general guideline to our customers and partners, and makes no warranties or representations as to its accuracy. The BIS requires that each entity exporting products be familiar with and comply with its affirmative obligations set forth in the EAR. Please note that the EAR is subject to change. We recommend that customers and partners obtain legal advice when attempting to export. In addition, some of our products contain encryption and some countries may restrict certain levels of encryption imported into their country. We recommend that customers and partners consult legal counsel in the appropriate country or the applicable governmental agency in the particular country to which they are exporting. McAfee expressly disclaims any liability whatsoever, including but not limited to, direct, indirect, incidental, special, or consequential damages in connection with or arising from the furnishing of the information provided herein.

If you have questions regarding the information on this page, please contact us at export@mcafee.com.