US Customs Compliance
NETGEAR products are controlled under the U.S. Export Administration Regulations and Wassenaar Arrangement as telecommunications/networking equipment within the following ECCN classifications: 5A991, 5D991, 5D992, 5A992, 5A002 and 5D002.
Although most NETGEAR products are subject to anti-terrorism controls, some items contain cryptographic features designed to prevent unauthorized access to network management functions and user data. Products classified under ECCN 5A002 and 5D002 are subject to additional distribution use and user restrictions.
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General Export Overview
NETGEAR restricted encryption solutions and products may be delivered to a wide variety of end users and destinations without having to apply for an individual export license. NETGEAR unrestricted solutions and products may be delivered to most end users worldwide without a licensing requirement. Both NETGEAR 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). NETGEAR mass market solutions and products have also been reviewed by the U.S. government (or self-classified). Mass market solutions and products normally do not require a license and are exported under the designation "NLR" (No License Required).
NETGEAR 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, Sudan, and Syria.
All transactions must undergo a compliance check to ensure that none of the parties to an order are listed on the U.S. Bureau of Industry and Consolidated Screening List (Denied Parties, Unverified List, Entity List) at http://export.gov/ecr/eg_main_023148.asp
Civilian Solutions: Restricted Encryption and Unrestricted
NETGEAR restricted strong 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 Part 746 of the EAR as embargoed destinations requiring a license are Cuba, Iran, North Korea, Sudan, 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, Croatia, 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
NETGEAR unrestricted strong encryption solutions may be exported or re-exported to most government end users located in all territories 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, Sudan, and Syria.
Civilian or Government Solutions (64-bit or less)
Solutions with 64-bit or less encryption may be delivered to government, civilian, military, and commercial end users around the world except to entities or end users in the following countries: Cuba, Iran, North Korea, Sudan, and Syria.
NETGEAR commodities, software, and technical data may not be used directly or indirectly in uses inconsistent with its original design and intended application (e.g., communications and network management), including but not limited to the following activities without NETGEAR authorization and applicable U.S. government authorization:
- 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.
Introduction to Commerce Department Export Controls
The U.S. Commerce Department's Bureau of Industry and Security Website provides U.S. export guidance at http://www.bis.doc.gov/licensing/exportingbasics.htm.
Re-export of NETGEAR products
Non-U.S. and U.S. companies re-exporting NETGEAR products or technology must comply with both their local export regulations and with the U.S. re-export regulations. Guidance regarding re-exports and other offshore transactions involving U.S. origin Items can be found at http://www.bis.doc.gov/index.php/licensing/reexports-and-offshore-transactions.
To speak with a Bureau of Industry and Security export counselor, please call one of the following numbers:
Outreach and Educational Services Division, Washington, DC: 202 482-4811
Western Regional Office, Newport Beach, CA: 949-660-0144
Northern California Branch Office, San Jose, CA: 408-291-4212