Wassenaar Arrangement ("WA"), international regime of dual-use items, announce new updated export control list normally in December every year. Now in this year, it is available on WA web site.
WA list by itself don't have legal binding effect to traders. Each member country need to put it into the domestic law. While many countries are now midst of preparing implementation of last year's WA list 2008, it is good to know "next year's" export control list.
Below are some significant change in IT commodities.
Category 4 - Computers:
4A003.b: "Digital computers" having an 'Adjusted Peak Performance' ('APP') exceeding 1.5 Weighted TeraFLOPS (WT). Current parameter is 0.75WT. With the advance of processor technology, the control parameter is relaxed.
4D001.b.1: "Digital computers" having an 'Adjusted Peak Performance' ('APP') exceeding 0.25 Weighted TeraFLOPS (WT). Current parameter (WA 2008) is 0.1WT. With the advance of processor technology, the control parameter is relaxed.
Category 5, Part 2 - Information Security:
A new Note 4 (exemption note) is added in encryption control. This will significantly increase uncontrolled items in encryption items. This exemption note looks similar concept to "Ancillary encryption" which US EAR currently adopt in ENC exemption. Below is the copy of Note 4.
==== Quote from WA 2009 list Category 5 Part 2 ====
Category 5–Part 2 does not apply to items incorporating or using "cryptography" and meeting all of the following:
a. The primary function or set of functions is not any of the following:
1. "Information security";
2. A computer, including operating systems, parts and components therefor;
3. Sending, receiving or storing information (except in support of entertainment, mass commercial broadcasts, digital rights management or medical records management); or
4. Networking (includes operation, administration, management and provisioning);
b. The cryptographic functionality is limited to supporting their primary function or set of functions; and
c. When necessary, details of the items are accessible and will be provided, upon request, to the appropriate authority in the exporter’s country in order to ascertain compliance with conditions described in paragraphs a. and b. above.
==== end of Quote ===
Interpretation of the exemption note always cause discussion. But this exemption note will certainly decontrol many of encryption items.