2010年6月28日月曜日

Decontrol of “Ancillary Cryptography” Items

Perhaps many of you know US EAR implements the decontrol of Ancillary Cryptography items on June 25 by adding Note 4 (following the mass market Note 3) to Category 5, part 2, of the Commerce Control List. http://www.bis.doc.gov/news/2010/encryption_rule_summary.pdf

Items incorporating or using “cryptography” will no longer be classified under Category 5, part 2 if their primary function is not communications, networking, computing or “information security” and the cryptographic functionality is limited to supporting the primary function.
Examples of such items include robotics, household appliances, fire alarm systems, inventory management software, CAD software, and transportation systems.
Such items may be self-classified under another category of the Commerce Control List, or as EAR99.

My interest is then, what other countries implement (or schedule of implementation) this Ancillary Cryptography exemption Wassenaar Note 4 into their own domestic export control regulation.

Already Implemented country: US (June 25, 2010), Japan (April 01, 2010), and Hong Kong (June 14, 2010)

Not yet implementing (as of June 27, 2010): EU, Singapore, Korea, and Taiwan. etc.

Different approach: Canada will not incorporate provisions into law until end of 2010 or early 2011. Instead, have Broadbase permit implementation.
http://www.mccarthy.ca/article_detail.aspx?id=5028

Please bear in mind, even if the item is totally same, the classification of cryptography item may be different from country by country, and therefore need export license (or need to seek license exception).

1 件のコメント:

匿名 さんのコメント...

Thanks for the update. I'm trying to locate the text of Japan's control list, particularly on Category 5, part 2 (information security) as well as the implementing rules/guidelines of Wassennar's Note 4. Would you care to share it with us? Thanks.