The consequence is that the agreement is not enforceable. Even though the U.S. export controls have been eased, you should never assume that this planning factor can be handled quickly or favorably. The Bureau of Export Administration in the Department of Commerce administers the regulations for the export and re-export of commercial products including software. Such regulations cover not only the initial export out of the U.S., but they also cover re-exports under your international distribution scheme. These regulations cover everything from floppy diskettes to super computers and apply to both friendly and unfriendly countries.
Encryption is used in more computer and network products for security purposes.
Unfortunately, there still generally are greater U.S. export compliance obligations for any product with encryption features. There are always legal risks of doing business overseas, but careful planning can make them manageable. In fact, the greatest risk may be to not take action internationally because your competitors will be there.