ST0550

Source text

As written.

734.18—Activities that are not exports, reexports, or transfers. (a) Activities that are not exports, reexports, or transfers. The following activities are not exports, reexports, or transfers:
 (5) Sending, taking, or storing “technology” or “software” that is: (i) Unclassified;
[Unclassified” means that the software or technology is not classified in accordance with E.O. 13526. BIS Frequently Asked Questions (FAQs).]
(ii) Secured using `end-to-end encryption;'
(iii) Secured using cryptographic modules (hardware or “software”) compliant with Federal Information Processing Standards Publication 140-2 (FIPS 140-2) or its successors, supplemented by “software” implementation, cryptographic key management and other procedures and controls that are in accordance with guidance provided in current U.S. National Institute for Standards and Technology publications, or other equally or more effective cryptographic means; and
(iv) Not intentionally stored in a country listed in Country Group D:5 (see supplement no. 1 to part 740 of the EAR) or in the Russian Federation.
Note to paragraph (a)(4)(iv): Data in-transit via the Internet is not deemed to be stored.
(b) Definitions. For purposes of this section, End-to-end encryption means (i) the provision of cryptographic protection of data such that the data is not in unencrypted form between an originator (or the originator's in-country security boundary) and an intended recipient (or the recipient's in-country security boundary), and (ii) the means of decryption are not provided to any third party. The originator and the recipient may be the same person.
(c) Ability to access “technology” or “software” in encrypted form. The ability to access “technology” or “software” in encrypted form that satisfies the criteria set forth in paragraph (a)(5) of this section does not constitute the release or export of such “technology” or “software.”

Related

Other DOC standards.