The ccl is divided into ten categories under part 774. Contact david ivey, associate director, university export controls officer, in the office of sponsored projects, if you have any questions regarding export control issues related to your projects or travel outside the u. It is intended as a general overview of issues related to the export of encryption software and is not exhaustive. For export control purposes, software is defined as a collection of one or more programs or microprograms fixed in any. Often, even when controls apply, compliance simply means satisfying an annual reporting requirement. Stanford researchers must email the university export control officer eco with the internet location or url of the earcontrolled strong encryption software before making the software publicly available regardless of medium. Only after receiving an email confirmation from the eco may the researcher upload the code onto a publicly available website. Information on the export control status of ibm hardware and software products and comparison of ibm s hardware and software and the export administration regulations ear commerce control list ccl. Export controls regulations definitions policies defense.
Is your software a defense article law firm of miller. This information is not intended to replace the ear, but used in conjunction with the ear to assist you in the export of ibm s hardware and software products. The new rule provides a definition of endtoend encryption as cryptographic means that protect data such that the data is not unencrypted between the originator and the intended recipient and where the means of decryption are not provided to any third party. An eccn is an alphanumeric classification used in the ear under the commerce control list ccl to identify items for export control purposes. Nsa officials anticipated that the american encryption software backed by an extensive infrastructure, when marketed. The new agreement by the 33 members of the wassenaar arrangement, a multilateral exportcontrol group, is a compromise measure that places new restrictions on the exporting of massmarket software with numerical keys above 64 bits in length. Aes 256 shows as 5a on the clc search but my licence application has just come back as nlr. For the full definition please consult the appropriate set of federal regulations. Export military or dual use goods, services or technology. An export control classification number eccn is assigned to a product by the bis. Stony brook university created software and encryption introduction this guidance addresses export control compliance pertaining to the publication and commercialization of software including, but not limited to, any research or. The uk strategic export control lists include the transfer of information that could be used for military or dual use. The regulations govern the international transfer of military and most commercial items, including.
Encryption export controls research administration and. Us department of commerce bureau of industry and security. Export of cryptography from the united states wikipedia. Download the full video 153 mb in this webinar, you will learn about export compliance obligations for commercial encryption technology items. Distributors, resellers or other entities who are not original manufacturers of encryption commodities and software are permitted to use license exception enc only in instances where the reexport or transfer incountry meets the applicable terms and conditions of this section. Nc state researchers, including faculty staff and students, who are developing encryption software need to be aware of export control implications related to this work. The international traffic in arms regulations, or itar, control the export of software classified as a defense article. Export control basics university of california, san diego. Taking an example of an item that was previously decontrolled by note 4, lets apply the new control text to the vending machine that communicates stock levels using standard wifi encryption. Meanwhile, the us and other countries have export control regimes to prevent the export, reexport or deemed export of sensitive dual use technology, data or services and other items to certain destinations or individuals for foreign policy reasons, such as national security, sanctions or boycott. Publicly available mass market encryption software and. However, to respect the international commitments of the eu and its members and to avoid the proliferation of nuclear, chemical, biological, and ballistic arms, the export of dualuse items is still subject to control. Export control regulations require researchers to abide by strict rules governing the electronic transfer or shipment overseas or to foreign nationals within the united states of certain information, technologies, and commodities, with certain exclusions and exemptions exports are defined as the actual shipment or transmission of items out of the united states, andor the release or. Publicly available, public domain, and open source.
Information on various export control topics can be found by clicking on links above or in the righthand menu bar. In 2016, ear implemented a rule change that revised the definition of an export for cloudbased workflows. Only after receiving an email confirmation from the eco may the researcher upload the code onto a publicly available. Export control definitions and commonly used phrases. Department of commerces bureau of industry and security bis administers the export administration regulations ear that govern the export of commercial and dualuse goods, software and technology, including hardware and software containing certain encryption algorithms. Endtoend encryption and a new understanding of technology. Accordingly, regulations were introduced as part of munitions controls which required licenses to export. You can take control over your export activities and know the laws controlling what. Export control definitions office of sponsored programs. Many unique definitions and specifications expansively control encryption software, even when embedded within software with mostly nonencryption functionality. Export controls and published encryption source code explained. To reinforce this, and to avoid difficulties with federal export control regulations, researchers should upload stanfordgenerated encryption code onto a publicly available website as soon as possible.
Among the 28 member states of the european union eu, the circulation of goods and people has been free since 1993. The release of publicly available strong encryption software under the ear is tightly. Questions about the application of export control regulations to specific situations should be directed to your sph export control officer or ellen berkman in the office of general counsel. The new rules, part of the administrations export control reform initiative, seek to enhance clarity, promote consistency of terms across the two export control regimes, and update the ears treatment of electronically transmitted and stored technology and software. For questions or for assistance understanding a particular definition, please contact the. You can take control over your export activities and know the laws controlling what you can and cannot export and to whom. This website has been designed to help you understand and comply with the export control regulations. In this webinar, you will understand export compliance obligations for commercial encryption technology items. Export controls on encryption software the definition of national.
By definition, the reach of ear export controls extends to i all items exported from the united states, ii all u. Employing a symmetric algorithm with a key length in excess of 56bits. However, such research may give rise to export issues if the primary research is to be conducted outside of the u. The term export controls typically refers to regulations overseen by several federal agencies, especially the departments of state, commerce, and treasury, that implement federal laws put in place to protect national security, promote foreign policy, and in some cases to control short supplies.
License exception enc authorizes export, reexport, and transfer incountry of systems, equipment, commodities, and components therefor that are classified under eccns 5a002, 5b002, equivalent or related software and technology therefor classified under 5d002 or 5e002, and cryptanalytic items classified under eccns 5a004, 5d002 or 5e002. Export controls key terms the definitions listed below are summarized andor paraphrased for the sake of brevity. This page provides export control information on mcafee software and hardware products. Encryption source code classified under 5d002 remains subject to the ear even when made publicly available in accordance with part 734 of the ear. A key determinant as to the level of control for software under the ear is the presence of data encryption. As a general rule, code developed here at stanford is the product of nonproprietary, fundamental research.
Export controls for software companies what you need to. The doc is continuing to utilize encryption licensing arrangements elas for export authorizations for unlimited quantities of encryption commodities and software over four year periods. An export of encryption software or other software technology occurs when the software is actually shipped, transferred or transmitted physically or. Strong encryption export controls stanford university. Export control compliance program guidelines july 2018. How can we further understand the cryptography controls, are you able to advise please. Mcafee products provide encryption features that are subject to the ear and other u. Phil zimmermanns pgp cryptosystem and its distribution on the internet in 1991 was the first major individual level challenge to controls on export of cryptography. Identifying proposals subject to export control laws and regulations early in the funding process, aids in efficient and effective contract negotiations. Are you sharing, transmitting, or transferring uabdeveloped, noncommercial encryption software 1 in source code or object code 2 including travel outside the country with such software. Importantly, while the bis and ddtc rules purport to harmonize definitions across export control regimes, note that ddtc did not choose to incorporate a similar endtoend encryption carveout in the itars definition of export. So we also cover encryption technology, so thats, as defined in the.
Significant update to us encryption export rules and. Export control system and the export control reform initiative congressional research service summary difficulty with striking an appropriate balance between national security and export competitiveness has made the subject of export controls controversial for decades. This question was asked at one of our recent webinars on export controls. As a general rule, code developed here at nc state is the product of nonproprietary, fundamental research. The ear excludes from its control publicly available technology and software, except software classified under eccn 5d002 on the commerce control list certain encryption software, that are already published or will be published. These features have been approved for export from the united states, subject to certain requirements and limitations. A list of dual use items, materials, software, and technology, subject to export regulation, maintained by the department of commerce that can be used both in military and other strategic uses e.
Encryption export controls became a matter of public concern with the introduction of the personal computer. The december 30, 1996 regulations defined a new class of national security and foreign policy controls known as ei controls and state that such controls apply. Specifically, it allows both deemed exports as well as exports from the us of information and software that is already published, with the exception of certain encryption software. The export control list, which is included in a guide to canadas export controls, identifies specific goods and technology that are controlled for export from canada to other countries the export control list is divided into the following seven groups. So, can this encryption be subjected to exportimport control.
Export controls for software companies what you need to know. Encryption software, however, is generally controlled based on the level and type of encryption involved and will generally be controlled under unique encryption export rules, even if it is incorporated into another item. The more bits used in a key, the stronger the encryption. Beware export controls on software, encryption, technology. This article was originally published in the january 2015 issue of national defense, the national defense industrial associations business and technology magazine, under the title, know when software falls under export control regime. Export of cryptographic technology and devices from the united states was severely restricted. Export controls and published encryption source code. Understanding export controls for encryption items youtube. Following is an overview of some of the key revised and new definitions. Likewise, a program is defined as a sequence of instructions to. This assumes that one is exporting technology as defined in the ear e. Eu dualuse export regulations and encryption global. This exemption represents the broadest exclusion under the ear and itar.
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