[security-dev 00013]: encryption regulations question

[Jonathan Wilson]

According to http://www.epic.org/crypto/export_controls/regs_1_00.html 
specifically point 3 which refers to §740.13 of the export controls, open 
source code which can be used for commercial purposes without payment of a 
license fee to the copyright holder can be exported under a license 
exemption. Can someone explain to me why this license exemption would not 
apply to OpenJDK encryption source code released under the GPL?