The classification matrix referenced from the Trade Compliance Policy → Product classification. Reviewed at least annually and on every material functional change to a classified item.
Counsel review required. This matrix is the product owner’s working classification. Final classifications and any License Exception eligibility (ENC, TSU) require sign-off from the General Counsel and outside trade-compliance counsel. Do not rely on this matrix for export decisions until the relevant row carries a counsel-approved date.
Schema
| Column | Notes |
|---|
| Item | Product / SDK / module name and version. |
| Description | One-line description of function. |
| Encryption? | Y / N. If yes, summary of cryptography in scope (TLS termination, at-rest encryption, customer-data encryption, custom protocols). |
| Provisional ECCN | Most-likely ECCN per the EAR Commerce Control List, e.g., 5D002 for “information security” software incorporating non-standard cryptography; EAR99 for items not specifically described in the CCL. |
| License Exception | If applicable: ENC (mass market / commercial encryption per 15 C.F.R. §§740.17 and 742.15), TSU (publicly available technology / mass-market software), or None. |
| ENC eligibility basis | If ENC: which paragraph of §740.17 applies (e.g., §740.17(b)(1) self-classification report). |
| BIS encryption registration / ERN | Encryption Registration Number if filed; Not yet filed otherwise. |
| Last classification review | Date and counsel reviewer. |
| Re-review trigger | Material functional change, BIS rule change, or annual cycle (whichever comes first). |
Matrix
| Item | Description | Encryption? | Provisional ECCN | License Exception | ENC basis | BIS ERN | Last review | Re-review |
|---|
| No production items classified yet. The first entry will be added when an exportable product or SDK is released. | | | | | | | | |
Process
- Trigger. A new product, SDK, or material technology release is planned. The product owner emails legal@neuroscale.ai before shipment.
- Provisional classification. The product owner drafts the row with engineering input on cryptography in scope.
- Counsel review. General Counsel + outside trade-compliance counsel review the row. Any non-
EAR99 item, any ENC claim, and any cryptography in scope require counsel sign-off.
- BIS filings. If the item is
5D002 and ENC-eligible:
- Encryption registration with BIS is filed before first export, producing an ERN that is recorded in the matrix.
- Self-classification report is filed annually under 15 C.F.R. §740.17(b) by the General Counsel (cadence and owner confirmed in the matrix).
- Sanctions / restricted-party screening. Independent of classification, every customer and material vendor is screened against US/EU/UK sanctions lists per the Trade Compliance Policy → Restricted-party screening before any export.
- Annual re-review. Each row is re-reviewed within 12 months of its last review date and on any BIS / EU / UK rule change with potential impact (e.g., updates to AI rule training-compute thresholds, Russia / Belarus controls, semiconductor controls).
EU dual-use note
For items shipped to or from the EU, classification under EU Regulation (EU) 2021/821 (“EU dual-use Regulation”) follows the same approach. Where ENC-equivalent eligibility under the EU framework requires separate filings, those are tracked alongside the corresponding row.
AI rule note (BIS)
BIS rules on advanced AI models — specifically training-compute thresholds (the rule has used 10^25 FLOP and 10^26 FLOP at different iterations) and the scope of “covered AI” — are evolving. Counsel reconfirms applicability on each material model release and on each BIS rule update. Until counsel confirms, treat any model approaching reported thresholds as in-scope and pause export decisions.
Cross-references
Version history
| Version | Date | Description | Author | Approved by |
|---|
| 1.0 | May 8, 2026 | Initial version | Cameron Wolfe | Ishan Jadhwani |
