2a.iii. Decontrol notes

Decontrol   notes: Items or specially designed components are not classified in Cat. 5   Part 2 if encryption is limited to any of the following:

(a)   Smart cards and smart card ‘readers/writers’ as follows:

a.1.         A   smart card or an electronically readable personal document (e.g., token coin,   e passport) that meets any of the following:

a.1.a.     The   cryptographic capability meets all of the following:

                a.1.a.1. It is restricted for use in any of the   following:

                a.1.a.1.a. Equipment or systems, not described by   5A002.a.1 to a.4;

                a.1.a.1.b.   Equipment or systems, not using ‘cryptography for data confidentiality’ having ‘in excess of   56 bits of symmetric key length, or equivalent;’ or

                a.1.a.1.c.   Equipment or systems, excluded from 5A002.a by entries b. to f. of this Note;   and

                a.1.a.2.   It cannot be reprogrammed for any other use; or

                a.1.b.   Having all of the following:

                a.1.b.1.   It is specially designed and limited to allow protection of ‘personal data’   stored within;

                a.1.b.2.   Has been, or can only be, personalized for public or commercial transactions   or individual identification; and

                a.1.b.3.   Where the cryptographic capability is not user-accessible;

Technical Note to paragraph a.1.b of Note 2:   ‘Personal data’ includes any data specific to a particular person or entity,   such as the amount of money stored and data necessary for “authentication.”

                a.2.   ‘Readers/writers’ specially designed or modified, and limited, for items   specified by paragraph a.1 of this Note;

Technical Note to paragraph a.2   of Note 2: ‘Readers/writers’ include equipment that   communicates with smart cards or electronically readable documents through a   network.


(b)   Cryptographic equipment specially designed and limited for banking use or   'money transactions';

Technical   Note: 'Money transactions' in 5A002 Note (b) includes   the collection and settlement of fares or credit functions.


(c)   Portable or mobile radiotelephones for civil use (e.g., for use with   commercial civil cellular

radio   communication systems) that are not capable of transmitting encrypted data   directly

to   another radiotelephone or equipment (other than Radio Access Network (RAN)   equipment), nor of passing encrypted data through RAN equipment (e.g., Radio   Network Controller (RNC) or Base Station Controller (BSC));


(d)   Cordless telephone equipment not capable of end-to-end encryption where the   maximum

effective   range of unboosted cordless operation (i.e., a single, unrelayed hop between   terminal

and   home base station) is less than 400 meters according to the manufacturer's   specifications;


(e)   Portable or mobile radiotelephones and similar client wireless devices for   civil use, that implement only published or commercial cryptographic   standards (except for anti-piracy functions, which may be non-published) and   also meet the provisions of paragraphs a.2 to a.4 of the Cryptography Note   (Note 3 in Category 5 – Part 2), that have been customized for a specific   civil industry application with features that do not affect the cryptographic   functionality of these original non-customized devices;


(f)   Items, where the “information security” functionality is limited to wireless   “personal area network” functionality, meeting all of the following:

                f.1. Implement only published   or commercial cryptographic standards; and

f.2. The cryptographic capability is limited to   a nominal operating range not exceeding 30 meters according to the   manufacturer’s specifications, or not exceeding 100 meters according to the   manufacturer’s specifications for equipment that cannot interconnect with   more than seven devices;

Personal area network.   (Cat 5 Part 2)—A data communication system having all of the following   characteristics:

(a)   Allows an arbitrary number of independent or interconnected ‘data devices’ to   communicate directly with each other; and

(b)   Is confined to the communication between devices within the immediate   vicinity of an individual person or device controller (e.g., single room,   office, or automobile, and their nearby surrounding spaces).

Technical   Note: ‘Data device’ means equipment capable of transmitting or receiving   sequences of digital information.         


(g)   Mobile telecommunications Radio Access Network (RAN) equipment designed for   civil use, which also meet the provisions of paragraphs a.2 to a.4 of the   Cryptography Note (Note 3 in Category 5 -- Part 2), having an RF output power   limited to 0.1W (20 dBm) or less, and supporting 16 or fewer concurrent   users;


(h)Routers,   switches or relays, where the "information security" functionality   is limited to tasks of "Operations, Administration or Maintenance"   ("OAM") implementing only published or commercial cryptographic   standards;

(Software limited to the tasks   of OAM is also not in Cat. 5 part 2, See Note under 5D002.c )

“Operations,   Administration or Maintenance” (“OAM”) (Cat 5P2) Means performing one or more of   the following tasks:

a.   Establishing or managing any of the following:

1.   Accounts or privileges of users or administrators;

2.   Settings of an item; or

3.   Authentication data in support of the tasks described in paragraphs a.1 or   a.2;

b.   Monitoring or managing the operating condition or performance of an item; or

c. Managing   logs or audit data in support of any of the tasks described in paragraphs a.   or b.

Note:   “OAM” does not include any of the following tasks or their associated key   management functions:

a.   Provisioning or upgrading any cryptographic functionality that is not   directly related to establishing or managing authentication data in support   of the tasks described in paragraphs a.1 or a.2 above; or

b. Performing any   cryptographic functionality on the forwarding or data plane of an item.


See also FAQ #9



(i)   General purpose computing equipment or servers, where the “information   security” functionality meets all of the following:

1.   Uses only published or commercial cryptographic standards; and

2.   Is any of the following:

a.   Integral to a CPU that meets the provisions of Note 3 in Category 5 - Part 2;

b.   Integral to an operating system that is not specified by 5D002; or

c.   Limited to “OAM” of the equipment.

See FAQ #13

The chart above outlines the decontrol text found in the Commerce Control List under the entry for 5A002.a. For some entries the chart above includes a right hand column with corresponding definitions from Part 772 of the EAR and/or additional points to note.

If the encryption is limited to that described above in the table, then 5A002.a does not apply. In that case you should review other entries in Category 5 Part 2 and other Categories on the CCL (e.g., Cat. 4 or Cat. 5, Part 1). If it is not described in any other Category then it can be classified as EAR99.




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