[Federal Register: June 17, 2003 (Volume 68, Number 116)]
[Rules and Regulations]
[Page 35783-35787]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17jn03-1]
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Rules and Regulations
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[[Page 35783]]
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 734, 740, 742, 748, 770, and 774
[Docket No. 030529136-3136-01]
RIN 0694-AC78
Export Administration Regulations: Encryption Clarifications and
Revisions
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule amends the Export Administration Regulations (EAR)
to clarify when encryption commodities and software may be given de
minimis treatment, when short-range wireless devices incorporating
encryption may be given mass market or retail treatment, and to provide
guidance on when exporters are required to submit encryption review
requests. It also expands the authorizations according to which
travelers departing the United States may take encryption for their
personal use, and clarifies that specially designed medical equipment
and software are not controlled as encryption or ``information
security'' items under the EAR. Finally this rule implements changes to
the Wassenaar Arrangement List of dual-use items (agreed upon in the
September 2002 meeting and finalized in December 2002) that eliminate
from Export Control Classification Number (ECCN) 5A002 certain types of
``Personalized smart cards'' and equipment specially designed and
limited to controlling access to copyright protected data.
EFFECTIVE DATE: June 17, 2003.
FOR FURTHER INFORMATION CONTACT: Norman LaCroix, Acting Director,
Information Technology Controls Division, Office of Strategic Trade and
Foreign Policy Controls, Bureau of Industry and Security, U.S.
Department of Commerce at (202) 482-4439.
SUPPLEMENTARY INFORMATION
Background
This rule amends Sec. 734.4(b) to clarify the de minimis
eligibility of encryption items controlled for National Security
(``NS'') or Anti-Terrorism (``AT'') reasons under the Export
Administration Regulations (EAR), subject to the applicable
notification or review requirements described in Sec. 740.13(e) and
Sec. 742.15(b). As with other encryption items no longer subject to
``EI'' controls (such as items classified under Export Control
Classification Numbers (ECCNs) 5A992, 5D992 or 5E992), this rule
clarifies that ECCN 5D002 encryption source code that would be
considered publicly available under Sec. 734.3(b)(3) of the EAR (and
the corresponding object code) is eligible for de minimis treatment
once exporters have complied with the applicable notification
requirement that releases such ECCN 5D002 software from ``EI''
controls.
This rule also updates License Exception BAG and the Related
Control notes to ECCN 5A002 relative to the Wassenaar Arrangement List
of dual-use items, and in several sections of the EAR clarifies
existing instructions related to encryption commodities and software
pre-loaded onto laptops, handheld devices, computers or other
equipment. This rule also adds a ``checklist'' on encryption and other
``information security'' functions to Supplement 5 to part 742 of the
EAR, to help exporters more fully consider and identify controlled
encryption and ``information security'' components within their
products, when making classification decisions and assessing whether an
encryption review by BIS is required.
Consistent with the standing export control agreement among
Wassenaar Arrangement member nations, this rule also adds a nota bene
(``NB'') immediately following Note 1 in Category 5 part II that
clarifies that commodities and software specially designed for medical
end-use that incorporate encryption items listed in Category 5 part II
are not controlled by Category 5, part II of the Commerce Control List.
This rule thus clarifies that a commodity or software product that is
specially designed for medical end-use is classified as EAR99, even if
the medical product incorporates another product, part or component
that would otherwise be classified as 5A002, 5D002, 5A992 or 5D992.
This rule expands the scope of License Exception BAG by allowing
U.S. citizens or permanent resident aliens of the United States to
export encryption commodities and software for their personal use to
any destination except Country Group E:1. Persons other than U.S.
citizens or permanent resident aliens of the United States (except
nationals of countries listed in Country Group E:1 of Supplement No. 1
to part 740 who are not U.S. citizens or permanent resident aliens of
the United States) may also take such commodities and software as
accompanying baggage for their personal use to any destination except
Country Group E:1. This rule updates the provisions in 740.14(d) for
``unaccompanied baggage'' by permitting shipments of personal use
encryption commodities and software subject to ``EI'' controls to the
same destinations that are permitted for CB, MT, NS and NP controlled
items.
In the Related Control notes to ECCN 5A002, the previous
restriction to ``one-time'' copy control of copyright protected audio/
video data has been removed. Likewise, as is now the case for such
playback audio/video data, software that is subject to the EAR but not
specified on the Commerce Control List (i.e., items that are classified
as EAR99) remains classified EAR99 when copy protected. Lastly, Related
Control note (a) is amended and divided into two sub-paragraphs.
[FEDREG][VOL]*[/VOL][NO]*[/NO][DATE]*[/
DATE][RULES][RULE][PREAMB][AGENCY]*[/AGENCY][SUBJECT]*[/SUBJECT][/
PREAMB][SUPLINF][HED]*[/HED]
Although the Export Administration Act expired on August 20, 2001,
Executive Order 13222 of August 17, 2001 (66 FR 44025, August 22,
2001), as extended by the notice of August 14, 2002 (67 FR 53721,
August 16, 2002), continues the Regulations in effect under the
International Emergency Economic Powers Act.
Rulemaking Requirements
1. This final rule has been determined to be not significant for
purposes of E.O. 12866.
2. Notwithstanding any other provision of law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply, with a collection of information subject to the
requirements of the
[[Page 35784]]
Paperwork Reduction Act, unless that collection of information displays
a currently valid Office of Management and Budget Control Number. This
rule involves a collection of information subject to the Paperwork
Reduction Act of 1980 (44 U.S.C. 3501 et seq.). This collection has
been approved by the Office of Management and Budget under control
number 0694-0088, ``Multi-Purpose Application,'' which carries a burden
hour estimate of 45 minutes for a manual submission and 40 minutes for
an electronic submission.
3. This rule does not contain policies with Federalism implications
as that term is defined under E.O. 13132.
4. The provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed rulemaking, the opportunity for
public participation, and a delay in effective date, are inapplicable
because this regulation involves a military and foreign affairs
function of the United States (5 U.S.C. 553(a)(1)). Further, no other
law requires that a notice of proposed rulemaking and an opportunity
for public comment be given for this interim rule. Because a notice of
proposed rulemaking and an opportunity for public comment are not
required to be given for this rule under the Administrative Procedure
Act or by any other law, the analytical requirements of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. Therefore,
this regulation is issued in final form. Although there is no formal
comment period, public comments on this regulation and on proposals to
further update the encryption provisions of the EAR are welcome on a
continuing basis. Comments should be submitted to Sharron Cook, Office
of Exporter Services, Bureau of Industry and Security, Department of
Commerce, PO Box 273, Washington, DC 20044.
List of Subjects
15 CFR Part 734
Administrative practice and procedure, Exports, Foreign trade,
Reporting and recordkeeping requirements.
15 CFR Parts 740 and 748
Administrative practice and procedure, Advisory committees,
Exports, Foreign trade, Reporting and recordkeeping requirements.
15 CFR Parts 742, 770, and 774
Exports, Foreign trade.
0
Accordingly, parts 734, 740, 742, 748, 770, and 774 of the Export
Administration Regulations (15 CFR parts 730-799) are amended as
follows:
PART 734--[AMENDED]
0
1. The authority citation for part 734 continues to read as follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13020, 61
FR 54079, 3 CFR, 1996 Comp. p. 219; E.O. 13026, 61 FR 58767, 3 CFR,
1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; notice of November 9, 2001, 66 FR 56965, 3 CFR, 2001 Comp., p.
917; notice of August 14, 2002, 67 FR 53721, August 16, 2002.
0
2. Section 734.4 is amended by revising paragraph (b) to read as
follows:
Sec. 734.4 De minimis U.S. content.
(a) * * *
(b) There is no de minimis level for foreign-made items that
incorporate U.S.-origin items controlled for ``EI'' reasons under ECCN
5A002, 5D002 or 5E002 on the Commerce Control List (Supplement No. 1 to
part 774 the EAR). However, exporters may, as part of an encryption
review request, ask that software controlled for EI reasons under ECCN
5D002 and eligible for export under the ``retail'' or ``source code''
provisions of license exception ENC, and parts and components
controlled under ECCN 5A002, be made eligible for de minimis treatment.
The review of de minimis eligibility will take U.S. national security
interests into account. Other encryption items controlled for NS or AT
reasons under ECCNs 5D002, 5A992, 5D992, and 5E992 are not eligible for
de minimis treatment, unless exporters have complied with the
applicable notification or review requirements described in Sec.
740.13(e), Sec. 742.15(b)(1), and Sec. 742.15(b)(2) of the EAR.
Encryption items controlled by ECCN 5A992, 5D992, or 5E992 and
described in Sec. 742.15(b)(3) of the EAR are not subject to these
notification or review requirements.
* * * * *
PART 740--[AMENDED]
0
3. The authority citation for part 740 continues to read as follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
sec. 901-911, Pub. L. 106-387; E.O. 13026, 61 FR 58767, 3 CFR, 1996
Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783;
notice of August 14, 2002, 67 FR 53721, August 16, 2002.
0
4. Section 740.9 is amended by revising paragraph (a)(2)(i) to read as
follows:
Sec. 740.9 Temporary imports, exports, and reexports (TMP).
* * * * *
(a) * * *
(2) * * *
(i) Tools of trade. Usual and reasonable kinds and quantities of
tools of trade (commodities and software) for use by the exporter or
employees of the exporter in a lawful enterprise or undertaking of the
exporter. Eligible tools of trade may include, but are not limited to,
such equipment and software as is necessary to commission or service
goods, provided that the equipment or software is appropriate for this
purpose and that all goods to be commissioned or serviced are of
foreign origin, or if subject to the EAR, have been legally exported or
reexported. The tools of trade must remain under the effective control
of the exporter or the exporter's employee (see part 772 of the EAR for
a definition of ``effective control''). All tools of trade may
accompany the individual departing from the United States or may be
shipped unaccompanied within one month before the individual's
departure from the United States, or at any time after departure. No
tools of the trade may be taken to Country Group E:2 (see Supplement
No.1 to part 740) or Sudan. For exports under this License Exception of
laptops, handheld devices and other computers and equipment loaded with
encryption commodities or software, refer to item interpretation 13 in
Sec. 770.2 of the EAR.
* * * * *
5. Section 740.14 is amended by revising ``items'' in the last
sentence of paragraph (b)(4) to read ``commodities and software'' and
by revising paragraphs (d) and (f) to read as follows:
Sec. 740.14 Baggage (BAG).
* * * * *
(d) Special provision: unaccompanied baggage. Individuals departing
the United States may ship unaccompanied baggage, which is baggage sent
from the United States on a carrier other than that on which an
individual departs. Crew members of exporting carriers may not ship
unaccompanied baggage. Unaccompanied shipments under this License
Exception shall be clearly marked ``BAGGAGE.'' Shipments of
unaccompanied baggage may be made at the time of, or within a
reasonable time before or after departure of the consignee or owner
from the United States. Personal baggage controlled for chemical and
biological weapons (CB), missile technology (MT), national security
(NS), encryption items (EI) or nuclear nonproliferation (NP) must be
shipped within 3 months before or after the month in which the
consignee or owner departs the United States. However, commodities
controlled for
[[Page 35785]]
CB, MT, NS, EI or NP may not be exported under this License Exception
as unaccompanied baggage to Country Groups D:1, D:2, D:3, D:4, or E:1.
(See Supplement No. 1 of this part).
* * * * *
(f) Special provisions: encryption commodities and software subject
to EI controls on the Commerce Control List. (1) A U.S. citizen or
permanent resident alien of the United States as defined by 8 U.S.C.
1101(a)(20) may use this license exception to export or reexport
encryption commodities and software to any destination not in Country
Group E:1 of Supplement No. 1 of this part.
(2) A person other than a U.S. citizen or permanent resident alien
of the United States as defined by 8 U.S.C. 1101(a)(20) (except a
national of a country listed in Country Group E:1 of Supplement No. 1
of this part who is not a U.S. citizen or permanent resident alien of
the United States) may also use this license exception to export or
reexport encryption commodities and software to any destination not in
Country Group E:1 of Supplement No. 1 of this part.
0
6. Section 740.17 is amended by revising paragraph (b)(3)(iii)(H) to
read as follows:
Sec. 740.17 Encryption Commodities and Software (ENC).
* * * * *
(b) * * *
(3) * * *
(iii) * * *
(H) Short-range wireless components and software that do not
qualify as mass market. Commodities and software that would not
otherwise be controlled under Category 5 (telecommunications and
``information security'') of the Commerce Control List, but which are
controlled under ECCN 5A002 or 5D002 only because they incorporate
components or software that provide short-range wireless encryption
functions (e.g., with an operating range typically not exceeding 100
meters), may be exported or reexported under the retail provisions of
License Exception ENC, without review or reporting.
* * * * *
PART 742--[AMENDED]
0
7. The authority citation for part 742 continues to read as follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
18 U.S.C. 2510 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a;
sec. 901-911, Pub. L. 106-387; sec. 221, Pub. L. 107-56; E.O. 12058,
43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3
CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp.,
p. 950; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O.
13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; notice of November 9,
2001, 66 FR 56965, 3 CFR, 2001 Comp., p. 917; notice of August 14,
2002, 67 FR 53721, August 16, 2002.
0
8. Section 742.15 is amended by revising the first two sentences of
paragraph (b) (1), and revising paragraph (b)(3)(ii) to read as
follows:
Sec. 742.15 Encryption items.
* * * * *
(b) * * *
(1) Notification requirement for specified encryption items. You
may export or reexport encryption items controlled under ECCN 5A992,
5D992 or 5E992 and identified in paragraphs (b)(1)(i) and (b)(1)(ii) of
this section to most destinations without a license (NLR: No License
Required), provided that you have submitted to BIS, by the time of
export, the information described in paragraphs (a) through (e) of
Supplement No. 6 of this part. For notifications submitted under
paragraph (b)(1)(i) of this section, you must also provide specific
information describing how your products qualify for mass market
treatment under the criteria in the Cryptography Note (Note 3) of
Category 5, Part 2, of the Commerce Control List (Supplement No. 1 to
part 774 of the EAR). * * *
* * * * *
(3) * * *
(ii) Mass market short-range wireless commodities or software. Mass
market commodities or software that would not otherwise be controlled
under Category 5 (telecommunications and ``information security'') of
the Commerce Control List, but which are controlled under ECCN 5A992 or
5D992 only because they incorporate components or software that provide
short-range wireless encryption functions (e.g., wireless products with
an operating range typically not exceeding 100 meters).
* * * * *
0
9. Part 742 is amended by adding a new Supplement No. 5 to read as
follows:
SUPPLEMENT NO. 5 TO PART 742--CHECKLIST ON ENCRYPTION AND OTHER
``INFORMATION SECURITY'' FUNCTIONS
1. Does your product perform ``cryptography'', or otherwise
contain any parts or components that are capable of performing any
of the following ``information security'' functions? (Mark with an
``X'' all that apply)
a. ---- encryption
b. ---- decryption only (no encryption)
c. ---- key management/public key infrastructure (PKI)
d. ---- authentication (e.g., password protection, digital
signatures)
e. ---- copy protection
f. ---- anti-virus protection
g. ---- other (please
explain) :--------------------
h. ---- NONE/NOT APPLICABLE
2. For items with encryption, decryption and/or key management
functions (1.a, 1.b, 1.c above):
a. What symmetric algorithms and key lengths (e.g., 56-bit DES,
112/168-bit Triple-DES, 128/256-bit AES/Rijndael) are implemented or
supported?
b. What asymmetric algorithms and key lengths (e.g., 512-bit
RSA/Diffie-Hellman, 1024/2048-bit RSA/Diffie-Hellman) are
implemented or supported?
c. What encryption protocols (e.g., SSL, SSH, IPSEC or PKCS
standards) are implemented or supported?
d. What type of data is encrypted?
3. For products that contain an ``encryption component'', can
this encryption component be easily used by another product, or else
accessed/re-transferred by the end-user for cryptographic use?
PART 748--[AMENDED]
0
10. The authority citation for part 748 continues to read as follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66
FR 44025, 3 CFR, 2001 Comp., p. 783; notice of August 14, 2002, 67
FR 53721, August 16, 2002.
0
11. Section 748.3 is amended by adding a sentence to the end of
paragraph (a), and revising (d) to read as follows:
Sec. 748.3 Classification requests, advisory opinions, and encryption
review requests.
(a) Introduction. * * * A review of the questions provided in
Supplement No. 5 to part 742 of the EAR may assist in determining
whether you must submit an encryption review request (see paragraph (d)
of this section) for your particular item.
* * * * *
(d) Review requests for encryption items. A Department of Commerce
review of encryption items transferred from the U.S. Munitions List
consistent with Executive Order 13026 of November 15, 1996 (3 CFR, 1996
Comp., p. 228) and pursuant to the Presidential Memorandum of that date
may be required to determine eligibility under License Exception ENC or
for release from ``EI'' controls. Refer to Supplement No. 5 to part 742
of the EAR for questions that provide initial guidance in determining
whether you must submit an encryption review request for your item.
Refer to Supplement No. 6 to part 742 of the EAR for a complete list of
technical information that is required for encryption review requests.
Refer
[[Page 35786]]
also to Sec. 742.15(b) of the EAR for instructions regarding mass
market encryption commodities and software. Refer to Sec. 740.17 of
the EAR for the provisions of License Exception ENC.
0
12. Part 748, Supplement No. 1 is amended by revising the paragraph
labeled ``Block 5'' to read as follows:
SUPPLEMENT NO. 1 TO PART 748-BIS-748P, BIS-748P-A; ITEM APPENDIX, AND
BIS-748P-B; END USER APPENDIX; MULTIPURPOSE APPLICATION INSTRUCTIONS
* * * * *
Block 5: Type of Application. Export. If the items are located
within the United States, and you wish to export those items, mark
the Box labeled ``Export'' with an (X). Reexport. If the items are
located outside the United States, mark the Box labeled ``Reexport''
with an (X). Classification. If you are requesting BIS to classify
your item against the Commerce Control List (CCL), mark the Box
labeled ``Classification Request'' with an (X). Encryption Review.
If you are requesting encryption review under License Exception ENC
(Sec. 740.17 of the EAR) or ``mass market'' encryption provisions
(Sec. 742.15(b)(2) of the EAR), mark the Box labeled
``Classification Request'' with an (X). Special Comprehensive
License. If you are submitting a Special Comprehensive License
application in accordance with the procedures described in part 752
of the EAR, mark the Box labeled ``Special Comprehensive License''
with an (X).
* * * * *
0
13. Part 748, Supplement No. 2 is amended by adding a new paragraph (r)
immediately following paragraph (q) and reading as follows:
SUPPLEMENT NO. 2 TO PART 748--UNIQUE LICENSE APPLICATION REQUIREMENTS
* * * * *
(r) Encryption review requests. Enter, in Block 9 (Special
Purpose) of the BIS-748P, ``License Exception ENC'' if you are
submitting an encryption review request for License Exception ENC
(Sec. 740.17 of the EAR) or ``mass market encryption'' if you are
submitting an encryption review request under the mass market
encryption provisions (Sec. 742.15(b)(2) of the EAR). If you seek
an encryption review for another reason, enter ``encryption--
other''.
PART 770--[AMENDED]
0
14. The authority citation for part 770 continues to read as follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; notice of August
14, 2002, 67 FR 53721, August 16, 2002.
0
15. Section 770.2 is amended by revising paragraph (m) to read as
follows:
Sec. 770.2 Item interpretations.
* * * * *
(m) Interpretation 13: Encryption commodities and software
controlled for EI reasons. Encryption commodities and software
controlled for EI reasons under ECCNs 5A002 and 5D002 may be pre-loaded
on a laptop, handheld device or other computer or equipment and
exported under the tools of trade provision of License Exception TMP or
the personal use exemption under License Exception BAG, subject to the
terms and conditions of such License Exceptions. This provision
replaces the personal use exemption of the International Traffic and
Arms Regulations (ITAR) that existed for such software prior to
December 30, 1996. Neither License Exception TMP nor License Exception
BAG contains a reporting requirement. Like other ``information
security'' ``software'', components, ``electronic assemblies'' or
modules, the control status of encryption commodities and software is
determined in Category 5, part 2 even if they are bundled, commingled
or incorporated in a computer or other equipment. However, commodities
and software specially designed for medical end-use that incorporate an
item in Category 5, part 2 are not controlled in Category 5, part 2.
See Note 1 to Category 5, part 2 (``Information Security'') of
Supplement No. 1 to Part 774 (the Commerce Control List) of the EAR.
* * * * *
PART 774--[AMENDED]
Supplement No. 1 to Part 774 (The Commerce Control List)--[Amended]
0
16. The authority citation for part 774 continues to read as follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
10 U.S.C. 7420; 10 U.S.C. 7430(e); 18 U.S.C. 2510 et seq.; 22 U.S.C.
287c, 22 U.S.C. 3201 et seq., 22 U.S.C. 6004; 30 U.S.C. 185(s),
185(u); 42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C.
app. 466c; 50 U.S.C. app. 5; sec. 901-911, Pub. L. 106-387; sec.
221, Pub. L. 107-56; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; notice of
August 14, 2002, 67 FR 53721, August 16, 2002.
0
17. Supplement No. 1 to Part 774 (Commerce Control List), Category 5--
Telecommunications and ``Information Security'', following the heading
II--``INFORMATION SECURITY'' is amended by adding a new Nota Bene
(``N.B.'') immediately following Note 1, and amending Export Control
Classification Number (ECCN) 5A002 by revising the Related Controls
paragraph of the List of Items Controlled section as set forth below:
SUPPLEMENT NO. 1 TO PART 774--THE COMMERCE CONTROL LIST
* * * * *
Category 5--Telecommunications and ``Information Security''
* * * * *
Part II. ``Information Security''
Note 1: * * *
N.B. to Note 1: Commodities and software specially designed for
medical end-use that incorporate an item in Category 5, part 2 are
not classified in any ECCN in Category 5, part 2.
* * * * *
A. SYSTEMS, EQUIPMENT AND COMPONENTS
5A002 Systems, equipment, application specific ``electronic
assemblies'', modules and integrated circuits for ``information
security'', as follows (see List of Items Controlled), and other
specially designed components therefor.
* * * * *
List of Items Controlled
Unit * * *
Related Controls: See also 5A992. This entry does not control:
(a) ``Personalized smart cards'': (1) Where the cryptographic
capability is restricted for use in equipment or systems excluded
from control paragraphs (b) through (f) of this note; or (2) For
general public-use applications where the cryptographic capability
is not user-accessible and it is specially designed and limited to
allow protection of personal data stored within. Note that if a
``personalized smart card'' has multiple functions, the control
status of each function is assessed individually; (b) Receiving
equipment for radio broadcast, pay television or similar restricted
audience broadcast of the consumer type, without digital encryption
except that exclusively used for sending the billing or program-
related information back to the broadcast providers; (c) Portable or
mobile radiotelephones for civil use (e.g., for use with commercial
civil cellular radio communications systems) that are not capable of
end-to-end encryption; (d) Equipment where the cryptographic
capability is not user-accessible and which is specially designed
and limited to allow any of the following: (1) Execution of copy-
protected ``software''; (2) Access to any of the following: (a)
Copy-protected contents stored on read-only media; or (b)
Information stored in encrypted form on media (e.g., in connection
with the protection of intellectual property rights) where the media
is offered for sale in identical sets to the public; or (3) Copying
control of copyright protected audio/video data; (e) Cryptographic
equipment specially designed and limited for banking use or money
transactions; (f) Cordless telephone equipment not capable of end-
to-end encryption where the maximum effective range of unboosted
cordless operation (e.g., a single, unrelayed hop between terminal
and home basestation) is less than 400 meters according to the
manufacturer's specifications. These items are controlled under ECCN
5A992.
[[Page 35787]]
Related Definitions: * * *
Items: * * *
Dated: June 10, 2003.
James J. Jochum,
Assistant Secretary for Export Administration.
[FR Doc. 03-15189 Filed 6-16-03; 8:45 am]
BILLING CODE 3510-33-P