Lifting Some Restrictions on Encryption Exports

Allen netsecurity at
Sat Dec 6 06:51:24 EST 2008

Hi gang,

Actually that notice is out of date. There is a new one dated 
October 3, 2008 (73 FR 57495) and it can be seen at:

The part of this that is of particular interest is the following:

> § 740.17(b)(2) ENC “Restricted”
> Review required with 30 day wait
>     * Applies to 5A002, 5B002, and 5D002
>     * Products authorized under (b)(2) include:
>           o network infrastructure products
>           o source code that is not “publicly available”
>           o certain specialized commodities and software

So open source bypasses the requirement for export control on 
cryptography, which is classified as 5D002.

You also might want to consult:

which goes into some details, especially on page 5, second 
column, were reference is made to:

> Note: Encryption software is controlled
> because of its functional capacity, and not
> because of any informational value of such
> software; such software is not accorded the same
> treatment under the EAR as other “software”; and
> for export licensing purposes, encryption software
> is treated under the EAR in the same manner as a
> commodity included in ECCN 5A002. 
> Note: Encryption software controlled for “EI”
> reasons under this entry remains subject to the
> EAR even when made publicly available in
> accordance with part 734 of the EAR. See
> §740.13(e) of the EAR for information on
> releasing certain source code (and corresponding
> object code) which would be considered publicly
> available from “EI” controls.


Ali, Saqib wrote:
> Does anyone have more info on the following:
> I couldn't find any other article that talked about it. The pay per
> news is the only item I found.
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