Encryption Export Information on Tyfone Products

Tyfone’s products incorporate encryption that is subject to the U.S. export controls laws and regulations. Tyfone is committed to complying with these and other laws and regulations affecting the development, manufacture, sale, and distribution of our products. As part of this compliance effort and in order to assist our customers and partners, below, Tyfone is disclosing certain export controls information specific to our products. This information is necessary in order to maintain compliance with U.S. export controls requirements in product classification, shipping documentation, record keeping, post-shipment reporting, and to prevent post-shipment unauthorized reexports.

Export of restricted commodities, software, or technical data is a complex subject, and the nature and application of U.S. export controls restrictions depends upon the (i) the nature of Tyfone’s product, software or technology, (ii) the recipient, (iii) the country of destination, (iv) the intended use, and (v) the current requirements in the export regulations, among other factors. While Tyfone will make reasonable efforts to disclose export controls classification information regarding its products on this website, you are responsible for seeking independent regulatory and technical advice to ensure your compliance in relation to any transaction involving Tyfone’s products, software, or technical data.

In the case of Tyfone products containing encryption, a one-time government technical review is usually required prior to export, in the form of an Encryption Registration, as well as an Encryption Classification Request to the Bureau of Industry and Security of the U.S. Department of Commerce. Customers intending to export Tyfone products from the U.S. or reexporting them from the original country of destination should determine whether further U.S. government approval may be required before such transactions involving Tyfone products.

For a variety of reasons, the U.S. government frequently amends the U.S. export controls laws and regulations, including the Export Administration Regulations (the “EAR”) governing the development, production, export, reexport, and use of commercial commodities, software, and technology, as well as the International Traffic in Arms Regulations (the “ITAR”) controlling the manufacture, sale, export, reexport, and use of military defense articles, defense services, and technical data. In addition, the U.S. government’s identification of individuals, business entities, and countries subject to restricted export privileges or totally denied access to U.S. products and technology is ever-changing. Therefore, Tyfone’s disclosure of export controls classification information should not be construed in any way as advice on your particular obligations to comply with U.S. export controls.

For more information on the EAR, please refer to the following link:
http://www.bis.doc.gov/index.php/regulations/export-administration-regulations-ear

For more information on the ITAR, please refer to the following link:
http://www.pmddtc.state.gov/regulations_laws/itar.html

Below is a chart listing the U.S. export controls classifications of certain Tyfone hardware and software. Please note that the actual regulatory restrictions associated with exports or reexports of Tyfone products for any particular transaction depends upon various factors described above. Therefore, the information below is not tailored to the needs of a specific entity or a particular export scenario. The information provided below is for general information purposes only, and Tyfone does not represent or warrant that the information disclosed below is necessarily current or comprehensive of all of its products. The information below may also change without advance notice.

Tyfone Product = Hardware, Software or Technology Export Controls Classification Number (ECCN) or ITAR Classification Commodity Classification Automated Tracking
System Number (CCATS)
Comments
u4ia Hardware (connected smartcard) EAR ECCN 5A992 G070831 (March 27, 2009) See, ECCN 5A002 smartcard exclusion Note and EAR Part 742.15(b) on Mass Market Encryption Items
u4ia Software EAR ECCN 5D992 G070831 (March 27, 2009) See, ECCN 5A002 smartcard exclusion Note EAR Part 742.15(b) on Mass Market Encryption Items
Secure CSC Solution Hardware EAR ECCN 5A992 (Proposed pending USG confirmation) G070831 (March 27, 2009) (Proposed pending USG confirmation) See, ECCN 5A002 smartcard exclusion Note and EAR Part 742.15(b) on Mass Market Encryption Items (Proposed pending USG confirmation)
Secure CSC Solution Software EAR ECCN 5D992 (Proposed pending USG confirmation) G070831 (March 27, 2009) (Proposed pending USG confirmation) See, ECCN 5A002 smartcard exclusion Note and EAR Part 742.15(b) on Mass Market Encryption Items (Proposed pending USG confirmation)
Voice Encryption Product Hardware EAR ECCN 5A992 (Proposed pending USG confirmation) G070831 (March 27, 2009) (Proposed pending USG confirmation) See, ECCN 5A002 smartcard exclusion Note and EAR Part 742.15(b) on Mass Market Encryption Items (Proposed pending USG confirmation)
Voice Encryption Product Software EAR ECCN 5D992 (Proposed pending USG confirmation) G070831 (March 27, 2009) (Proposed pending USG confirmation) See, ECCN 5A002 smartcard exclusion Note and EAR Part 742.15(b) on Mass Market Encryption Items (Proposed pending USG confirmation)