The Bureau of Industry and Security today issued:

Export Administration Regulations: Encryption Clarifications and 

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.


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