From: Eric Blossom <eb@comsec.com>
Date: Thu, 16 Oct 1997 11:06:42 +0800
To: tien@well.com
Subject: Re: Personal use crypto export
In-Reply-To: <v03007812b06adf711815@[163.176.132.90]>
Message-ID: <199710160207.TAA09116@comsec.com>
MIME-Version: 1.0
Content-Type: text/plain



> I agree with Tim May, I believe it's no longer an issue.  While the current
> EAR/crypto regs don't expressly say "personal use OK," they can be read
> that way under several exemptions, and I'm reliably told that BXA does.
> 
> In the draft EAR/crypto regs posted to John Young's site some months ago,
> the BAG license exception, at (d) and (f) (see below), specifically
> addresses crypto.  It's only a draft and may change, but I wouldn't worry
> about it.
> 
> Lee Tien
> 
> =A7740.14  Baggage (BAG).
> 
> (a)  Scope.  This License Exception authorizes individuals leaving the
> United States either temporarily (i.e., traveling) or longer-term (i.e.,
> moving) and crew members of exporting or reexporting carriers to take to
> any destination, as personal baggage, the classes of commodities and
> software described in this section.


License Exception TMP also applies.  The following is from
bxa123096.txt on jya.com.  I had to go to the Federal Register to
find the actual text of the exception (Sorry, not easily at hand.)

    Note that License Exception TMP is available
    for temporary exports and reexports of encryption items except under
    the provisions for beta-test software. License Exceptions TMP and BAG
    effectively replace the Department of State's personal use exemption.
    Software and technology that was controlled by the Department of
    Commerce prior to December 30, 1996 are not affected by this rule and
    will continue to be eligible for the publicly available treatment.
    I think that I had to go to the Federal Register to dig it out.

Eric