From: Lee Tien <tien@well.com>
Date: Thu, 16 Oct 1997 04:37:47 +0800
To: Jim Gillogly <cypherpunks@cyberpass.net
Subject: Re: Personal use crypto export
In-Reply-To: <34450E74.5C1@acm.org>
Message-ID: <v03007812b06adf711815@[163.176.132.90]>
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

§740.14  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.

(b)  Eligibility.  Individuals leaving the United States may export or
reexport any of the following commodities or software for personal use of
the individuals or members of their immediate families traveling with them
to any destination or series of destinations.  Individuals leaving the
United States temporarily (i.e., traveling) must bring back items exported
and reexported under this License Exception unless they consume the items
abroad or are otherwise authorized to dispose of them under the EAR.  Crew
members may export or reexport only commodities and software described in
paragraphs (b)(1) and (b)(2) of this section to any destination.

(1)  Personal effects.  Usual and reasonable kinds and quantities for
personal use of wearing apparel, articles of personal adornment, toilet
articles, medicinal supplies, food, souvenirs, games, and similar personal
effects, and their containers.

(2)  Household effects.  Usual and reasonable kinds and quantities for
personal use of furniture, household effects, household furnishings, and
their containers.

(3)  Vehicles.  Usual and reasonable kinds and quantities of vehicles, such
as passenger cars, station wagons, trucks, trailers, motorcycles, bicycles,
tricycles, perambulators, and their containers.

(4)  Tools of trade.  Usual and reasonable kinds and quantities of tools,
instruments, or equipment and their containers for use in the trade,
occupation, employment, vocation, or hobby of the traveler or members of
the household being moved.  For special provisions regarding encryption
items subject to EI controls, see paragraph (f) of this section.

(c)  Limits on eligibility.  The export of any commodity or software is
limited or prohibited, if the kind or quantity is in excess of the limits
described in this section. In addition, the commodities or software must
be:

(1)  Owned by the individuals (or by members of their immediate families)
or by crew members of exporting carriers on the dates they depart from the
United States;

(2)  Intended for and necessary and appropriate for the use of the
individuals or members of their immediate families traveling with them, or
by the crew members of exporting carriers;

(3)  Not intended for sale or other disposal; and

(4)  Not exported under a bill of lading as cargo if exported by crew members.

(d)   *     *     * No items controlled for EI reasons may be exported or
reexported as unaccompanied baggage.

*     *     *     *     *

(f) Special provisions: encryption software subject to EI controls.

(1) Only a U.S. citizen or permanent resident as defined by 8 U.S.C.
1101(a)(20) may export or reexport encryption items controlled for EI
reasons under this License Exception.

(2) The U.S. person or permanent resident must maintain effective control
of the encryption items controlled for EI reasons.

(3) The encryption items controlled for EI reasons may not be exported or
reexported to Country Group E:2, Iran, Iraq, Sudan, or Syria.


At 10:41 AM -0800 10/15/97, Jim Gillogly wrote:
>I'm moved to repeat Matt Blaze's exercise of a couple of years
>ago, where he went through the rigamarole to get an Official
>Paper from Customs or State or whoever was in charge to take his
>laptop out of the country with crypto on it for his personal use
>overseas.  His experiences finding the right person to talk to
>to get a form, then his inability to find a Customs official to
>look at it on the way back, were semi-hilarious.
>
>However, now that crypto exports in general have moved from ITAR
>to EAR and BXA is in charge of general crypto exports, I can't find
>out how to get the right form to take out a laptop with PGP (or
>anything else) on it.  Can anybody give me a pointer to whoever
>thinks they're in charge of this stuff?
>
>Or have they given up on this phase?
>
>Thanks...