Encryption Update. Ken Delaporta, Director of Operations and Export Compliance. MathWorks at a Glance. Headquarters: Natick, Massachusetts US Other US Locations: California, Michigan, Texas, Washington DC Europe: France, Germany, Italy, Spain, the Netherlands, Sweden, Switzerland, UK
Ken Delaporta, Director of Operations and Export Compliance
Earth’s topography on an equidistant cylindrical projection, created with MATLABand Mapping Toolbox.
“Unfortunately, this Rule does nothing to make the rules less complicated other than reducing the number of ancillary products. In fact, they are more complex than before….and will remain the most confusing part of the EAR for most exporters and regulatory officials”
Let’s try to sort them out !
740.13(e) Encryption source code (and corresponding object code)
(1) Scope and eligibility. This paragraph (e)
authorizes exports and reexports, without review, if encryption source code controlled by ECCN 5D002 that, if not controlled by ECCN 5D002, would be considered publicly available under §734.3(b)(3) of the EAR.
(3) Notification requirement.
You must notify BIS and the ENC Encryption Request Coordinator via e-mail of the Internet location (e.g., URL or Internet address) of the source code or provide each of them a copy of the source code at or before the time you take action to make the software publicly available as that term is described in §734.3(b)(3) of the EAR
Means any implementation of “cryptography” involving the incorporation or use of proprietary or unpublished cryptographic functionality, including encryption algorithms or protocols that have not been adopted or approved by a duly recognized international standards body (e.g., IEEE, IETF, ISO, ITU, ETSI, 3GPP, TIA, and GSMA) and have not otherwise been published.
You can successfully deal with these changes!!