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List of dual-use goods / category 5

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CATEGORY 5 — TELECOMMUNICATIONS AND “INFORMATION SECURITY”

Part 1 — TELECOMMUNICATIONS

Note 1:

The status of components, test and "production" equipment and their "software", specially designed for telecommunications equipment or systems, is defined by Category 5, Part 1.

NB

For “lasers” specially designed for telecommunications equipment or systems, see 6A005.

Note 2:

“Digital computers”, related hardware or “software”, where they are essential to the operation and support of telecommunications equipment described in this category, are considered to be specially designed components, provided that they are the standard models normally provided by the manufacturer. By this we mean computer operating, administrative, maintenance, engineering or billing systems.

5A1 - Equipment, assemblies and components

5A001 - Telecommunications systems, equipment, components and accessories, as follows:

a.

any type of telecommunications equipment presenting one of the characteristics, performing one of the functions or comprising one of the following elements:

1.

specially designed to resist electronic transient effects or electromagnetic pulse following a nuclear explosion;

2.

specially hardened against gamma, neutron or ionic radiation; Or 

3.

specially designed to operate outside the temperature range of 218 K (–55°C) to 397 K (124°C);

Note:

Paragraph 5A001.a.3. applies only to electronic equipment.

Note:

Paragraphs 5A001.a.2. and 5A001.a.3. do not cover equipment designed or modified for use on board satellites.

b.

telecommunications systems and equipment, and their specially designed components and accessories, having any of the following characteristics, performing any of the functions or comprising any of the following:

1.

untethered underwater communications systems having any of the following:

a.

acoustic carrier frequency located outside the range between 20 and 60 kHz;

b.

employing an electromagnetic carrier frequency less than 30 kHz;

c.

employing electronic beam steering techniques; Or 

d.

employing “lasers” or light-emitting diodes (LEDs) with an output wavelength greater than 400 nm and less than 700 nm in a “local area network”;

2.

radio equipment operating in the band 1.5 to 87.5 MHz and having all of the following characteristics:

a.

automatic prediction and selection of frequencies and “total digital transfer rates” per channel to optimize transmission; And 

b.

comprising a linear power amplifier configuration having the capacity to simultaneously process multiple signals at an output power of 1 kW or more in the frequency range of 1.5 MHz or more but less than 30 MHz, or 250 W or more in the frequency range of 30 MHz or more but not exceeding 87.5 MHz, over an “instantaneous bandwidth” of one octave or more with an output harmonic and distortion ratio better than -80 dB ;

3.

radio equipment employing “spread spectrum” techniques, including “frequency hopping” techniques, other than those specified in 5A001.b.4. and having one of the following characteristics:

a.

user-programmable spreading codes; Or 

b.

total transmission bandwidth equal to 100 times or more than 100 times the bandwidth of any of the information channels and greater than 50 kHz;

Note:

Paragraph 5A001.b.3.b. does not control radio equipment specially designed for use with any of the following equipment:

a.

civil cellular radio communications systems; Or 

b.

fixed or mobile satellite earth stations for commercial civil telecommunications.

Note:

Paragraph 5A001.b.3. does not control equipment designed to operate at an output power of 1 Watt or less.

4.

radio equipment employing ultra-wideband modulation techniques, having programmable channeling codes, scrambling codes or network identification codes and having any of the following characteristics:

a.

a bandwidth greater than 500 MHz; Or 

b.

a “fractional bandwidth” of 20% or more;

5.

digitally controlled radio receivers having all of the following characteristics:

a.

having over 1,000 channels;

b.

having a “channel switching time” less than 1 ms;

c.

automatically exploring or scanning part of the electromagnetic spectrum; And 

d.

identifying the signals received or the type of transmitter; Or 

Note:

Paragraph 5A001.b.5. does not control radio equipment specially designed for use with civil cellular radio systems.

Technical notes:

The 'channel switching time' corresponds to the time required to switch from one received frequency to another, in order to reach the final target received frequency, with a margin of ± 0.05%. Elements with a frequency range lower than their center frequency (within ±0.05%) are unable to switch the channel frequency.

6.

employing digital 'signal processing' functions to ensure 'vocoding' output signal at speeds below 2400 bps.

Technical notes:

1.

For variable speed vocoding, 5A001.b.6. is applicable to the continuous speech 'vocoding' output signal.

2.

For the purposes of 5A001.b.6, 'vocoding' is defined as the technique of taking samples of the human voice and then converting them into a digital signal, taking into account the specific characteristics of human language.

c.

Optical fibers with a length of more than 500 m and specified by the manufacturer as having the capacity to withstand a 'proof test' breaking load equal to or greater than 2 × 10 9 N/ m2 ; 

NB:

For umbilical cables, see 8A002.a.3.

Technical note:

'Proofing tests': continuous or delayed production tests which dynamically apply a defined breaking load to a fiber 0.5 to 3 m long at a running speed of 2 to 5 m/s , when passing between capstans of approximately 150 mm in diameter. The nominal ambient temperature is 293 K (20°C) and the relative humidity is 40%. Equivalent national standards may be used to carry out the proof tests.

d.

“electronically steerable phased array antennas” as follows;

1.

intended to operate above 31.8 GHz, but not exceeding 57 GHz, and having an effective radiated power (ERP) equal to or greater than +20 dBm [equivalent isotropically radiated power (EIRP): 22.15 dBm];

2.

intended to operate above 57 GHz, but not exceeding 66 GHz, and having an PAR equal to or greater than +24 dBm (EIRP: 26.15 dBm);

3.

intended to operate above 66 GHz, but not exceeding 90 GHz, and having an PAR equal to or greater than +20 dBm (EIRP: 22.15 dBm);

4.

designed to operate above 90 GHz;

Note:

Paragraph 5A001.d. does not control "electronically steerable phased array antennas" for instrument landing systems meeting ICAO standards covering microwave landing systems (MLS).

e.

direction finding equipment operating at frequencies above 30 MHz and having all of the following characteristics, and specially designed components therefor:

1.

“instantaneous bandwidth” of 10 MHz or more; And 

2.

capable of finding a bearing line for non-cooperating radio transmitters with signal duration less than 1 ms;

f.

mobile telecommunications interception or jamming equipment, and monitoring equipment, as follows, and components specially designed therefor:

1.

interception equipment designed for the extraction of voice or data transmitted through the air interface;

2.

interception equipment not specified in 5A001.f.1., designed for the extraction of identifiers for customer devices or subscribers (e.g.: IMSI, TIMSI or IMEI), signals, or other metadata transmitted through the air interface;

3.

jamming equipment specially designed or modified to intentionally and selectively interfere with, block, neutralize, impair or divert mobile telecommunications services, and providing any of the following functions:

a.

simulation of the functions of network equipment operating via radio link;

b.

detection and exploitation of the specific characteristics of the mobile telecommunications protocol used (for example GSM); Or 

c.

exploitation of the specific characteristics of the mobile telecommunications protocol used (for example GSM);

4.

RF monitoring equipment specially designed or modified to identify the use of items specified in 5A001.f.1., 5A001.f.2. or 5A001.f.3.;

Note:

Paragraphs 5A001.f.1. and 5A001.f.2. do not cover the following elements:

a.

equipment specially designed for the interception of analogue radio communications networks for private use (PMR), IEEE 802.11 WLAN;

b.

hardware designed for mobile telecommunications network operators; Or 

c.

equipment designed for the “development” or “production” of mobile telecommunications equipment or systems.

NB1:

See also THE LIST OF WAR MATERIALS.

NB2:

For radio receivers, see 5A001.b.5.

g.

passive coherent positioning systems and equipment specially designed to detect and track moving objects by measuring reflections of radio frequency emissions emitted by non-radar transmitters;

Technical note:

Non-radar transmitters may include commercial radio, television or cellular telephone base stations.

Note:

Paragraph 5A001.g. does not cover any of the following:

a.

radio astronomy equipment; Or 

b.

systems and equipment requiring radio transmission from the target.

h.

counter-Improvised Explosive Device (IED) equipment and related equipment, as follows:

1.

radio frequency (RF) emitting equipment not specified in 5A001.f., designed or modified to prematurely activate or prevent the initiation of improvised explosive devices;

2.

equipment using techniques designed to enable radio communications on the same frequency channels on which collocated equipment specified in 5A001.h.1. are transmitting.

NB:

See also THE LIST OF WAR MATERIALS.

i.

Not used;

j.

systems or equipment for monitoring communications over an Internet Protocol (IP) network, and components specially designed therefor, and having all of the following characteristics:

1.

performing all of the following operations over a carrier-grade internet protocol network (e.g., national IP backbone):

a.

application layer analysis (e.g., layer 7 of the Open Systems Interconnection (OSI) model (ISO/IEC 7498-1));

b.

extraction of selected metadata and application content (e.g. voices, videos, messages, attachments); And 

c.

indexing of extracted data; And 

2.

specially designed to accomplish all of the following:

a.

execution of searches based on 'strict selectors'; And 

b.

mapping of the relational network of an individual or a group of individuals.

Note:

Paragraph 5A001.j. does not control systems or equipment specially designed for any of the following purposes:

a.

commercial purpose;

b.

network quality of service; Or 

c.

quality of experience.

Technical note:

'Strict selectors' refer to data or a set of data linked to an individual (e.g. last name, first name, email, postal address, telephone number or group membership).

 

5A101 - Telemetry and remote control equipment, including ground equipment, designed or modified for 'missiles'.

Technical note:

For the purposes of 5A101, the term 'missile' means a complete rocket and unmanned aerial vehicle system with a range of at least 300 km.

Note:

Paragraph 5A101 does not control:

a.

equipment designed or modified for manned aircraft or satellites;

b.

ground equipment designed or modified for land or maritime applications;

c.

equipment designed for commercial, civil or 'safety of life' GNSS services (e.g. data integrity, flight safety).

5B1 - Testing, inspection and production equipment

5B001 - Testing, inspection and production equipment in the field of telecommunications, components and accessories, as follows:

a.

equipment and its specially designed components and accessories, specially designed for the “development” or “production” of the equipment, functions or elements specified in 5A001;

Note:

Paragraph 5B001.a. does not cover optical fiber characterization equipment.

b.

equipment and their specially designed components and accessories, specially designed for the "development" of a telecommunications transmission or switching equipment:

1.

Not used;

2.

equipment employing a “laser” and having one of the following characteristics:

a.

having a transmission wavelength greater than 1750 nm;

b.

Not used;

c.

employing coherent optical transmission techniques or coherent optical detection techniques; Or 

Note:

Paragraph 5B001.b.2.c. covers equipment specially designed for the “development” of systems using a local optical oscillator on the receiving side to enable synchronization with a carrier “laser”.

Technical note:

For the purposes of 5B001.b.2.c., these techniques include heterodyne, homodyne or intradyne optical techniques.

d.

employing analog techniques and having a bandwidth greater than 2.5 GHz; Or 

Note:

Paragraph 5B001.b.2.d. does not control equipment designed specifically for the “development” of commercial television systems.

3.

Not used;

4.

radio equipment employing quadrature amplitude modulation (QAM) techniques above level 1024;

5.

Not used.

5C1 - Materials

Nothing.

 

5D1 - Software

5D001 – “Software”, as follows:

a.

“software” specially designed or modified for the “development”, “production” or “use” of equipment, functions or items specified in 5A001;

b.

Not used;

c.

Specific “software” specially designed and modified to provide any of the features, functions or elements of equipment specified in 5A001 or 5B001;

d.

“software” specially designed or modified for the “development” of any of the following telecommunications transmission or switching equipment:

1.

Not used;

2.

equipment employing a “laser” and having one of the following characteristics:

a.

having a transmission wavelength greater than 1750 nm; Or 

b.

employing analog techniques and having a bandwidth greater than 2.5 GHz; Or 

Note:

Paragraph 5D001.d.2.b. does not control “software” specially designed or modified for the “development” of commercial television systems.

3.

Not used;

4.

radio equipment employing quadrature amplitude modulation (QAM) techniques above level 1024.

5D101 - “Software” specially designed or modified for the “use” of equipment specified in 5A101 .

5E1 - Technology

5E001 – “Technology”, as follows:

a.

“technology”, within the meaning of the General Technology Note, for the “development”, “production” or “use” (excluding exploitation) of equipment, functions or elements referred to in paragraph 5A001 or “software” specified in paragraph 5D001.a.;

b.

specific “technologies”, as follows:

1.

“technology” “necessary” for the “development” or “production” of telecommunications equipment specially designed for use on board satellites;

2.

“technology” for the “development” or “use” of “laser” communications techniques enabling the automatic acquisition and tracking of signals and the maintenance of communications across exoatmospheric or underwater environments;

3.

“technology” for the “development” of digital cellular radio receivers for base stations, the reception capabilities of which allowing multi-band, multi-channel, multi-mode, multi-coding algorithm or multi-protocol operation may be modified by changes in the “software”;

4.

“technology” for the “development” of “spread spectrum” techniques, including “frequency hopping” techniques;

Note:

Paragraph 5E001.b.4. does not cover "technology" for the "development" of any of the following equipment:

a.

civil cellular radio communications systems; Or 

b.

fixed or mobile satellite earth stations for commercial civil telecommunications.

c.

“technology”, within the meaning of the General Technology Note, for the “development” or “production” of the following equipment:

1.

equipment employing digital techniques designed to operate at a “total digital transfer rate” greater than 560 Gbit/s;

Technical note:

For telecommunications switching equipment, "total digital transfer rate" is the unidirectional speed of a single interface, calculated on the port or line with the highest speed.

2.

equipment employing a “laser” and having one of the following characteristics:

a.

having a transmission wavelength greater than 1750 nm;

b.

Not used;

c.

employing coherent optical transmission techniques or coherent optical detection techniques;

Note:

Paragraph 5E001.c.2.c. covers "technology" for the "development" or "production" of systems using a local optical oscillator on the receiving side to enable synchronization with a "laser" carrier.

Technical note:

For the purposes of 5E001.c.2.c., these techniques include heterodyne, homodyne or intradyne optical techniques.

d.

employing wavelength division multiplexing techniques of optical carriers at less than 100 GHz spacing; Or 

e.

employing analog techniques and having a bandwidth greater than 2.5 GHz;

Note:

Paragraph 5E001.c.2.e. does not cover “technologies” for the “development” or “production” of commercial television systems.

NB:

For “technologies” for the “development” or “production” of non-telecommunications equipment using a laser, see subcategory 6E.

3.

equipment employing “optical switching” and having a switching time less than 1 ms

4.

radio equipment using one of the following techniques:

a.

quadrature amplitude modulation (QAM) techniques beyond level 1024;

b.

operating at input or output frequencies above 31.8 GHz; Or 

Note:

Paragraph 5E001.c.4.b. does not cover "technologies" for the "development" or "production" of equipment designed or modified to operate in any frequency band "allocated by the ITU" for radiocommunication services, but not for radiodetermination.

c.

operating in the band from 1.5 MHz to 87.5 MHz and using adaptive techniques ensuring more than 15 dB suppression of an interference signal; Or

5.

Not used;

6.

mobile equipment having all of the following characteristics:

a.

operating at an optical wavelength greater than or equal to 200 nm and less than or equal to 400 nm; And 

b.

functioning as a “local network”;

d.

'technology', within the meaning of the General Technology Note, for the 'development' or 'production' of monolithic microwave integrated circuit power amplifiers specially designed for telecommunications and having any of the following characteristics:

Technical note:

For the purposes of 5E001.d., the peak saturated power output parameter may also be referred to in product data sheets as output power, saturated power output, maximum power output, peak power output, peak, or modulation peak power output.

1.

intended to operate at frequencies above 2.7 GHz and up to 6.8 GHz, having a “fractional bandwidth” greater than 15%, and having any of the following:

a.

a saturated peak power output greater than 75 W (48.75 dBm) at a frequency greater than 2.7 GHz and up to 2.9 GHz;

b.

a saturated peak power output greater than 55 W (47.4 dBm) at a frequency greater than 2.9 GHz and up to 3.2 GHz;

c.

a saturated peak power output greater than 40 W (46 dBm) at a frequency greater than 3.2 GHz and up to 3.7 GHz; Or 

d.

a saturated peak power output greater than 20 W (43 dBm) at a frequency greater than 3.7 GHz and up to 6.8 GHz;

2.

intended to operate at frequencies above 6.8 GHz and up to 16 GHz, having a “fractional bandwidth” greater than 10%, and having any of the following:

a.

a saturated peak power output greater than 10 W (40 dBm) at a frequency greater than 6.8 GHz and up to 8.5 GHz; Or 

b.

a saturated peak power output greater than 5 W (37 dBm) at a frequency greater than 8.5 GHz and up to 16 GHz;

3.

intended to operate with a saturated peak power output greater than 3 W (34.77 dBm) at a frequency greater than 16 GHz and up to 31.8 GHz, and having a “fractional bandwidth” greater than 10%;

4.

rated to operate with a saturated peak power output greater than 0.1 nW (–70 dBm) at a frequency above 31.8 GHz and up to 37 GHz;

5.

intended to operate with a saturated peak power output greater than 1 W (30 dBm) at a frequency greater than 37 GHz and up to 43.5 GHz, and having a “fractional bandwidth” greater than 10%;

6.

intended to operate with a saturated peak power output greater than 31.62 mW (15 dBm) at a frequency greater than 43.5 GHz and up to 75 GHz, and having a “fractional bandwidth” greater than 10%;

7.

intended to operate with a saturated peak power output greater than 10 mW (10 dBm) at a frequency greater than 75 GHz and up to 90 GHz, and having a “fractional bandwidth” greater than 5%; Or 

8.

rated to operate with a saturated peak power output greater than 0.1 nW (–70 dBm) at a frequency greater than 90 GHz;

e.

“technology”, within the meaning of the General Technology Note, for the “development” or “production” of electronic devices or circuits specially designed for telecommunications and containing components made from “superconductive” materials, specially designed for operate at temperatures below the “critical temperature” of at least one of the “superconducting” constituents and having one of the following characteristics:

1.

current switching for digital circuits using “superconducting” gates with a product of the propagation time per gate (expressed in seconds) and the power dissipated per gate (expressed in watts) less than 10 – 14  J; Or 

2.

frequency selection at all frequencies using resonant circuits having quality factors (Q) exceeding 10,000.

5E101 - “Technology”, as defined in the General Technology Note, for the “development”, “production” or “use” of equipment specified in 5A101.

Part 2 — “INFORMATION SECURITY”

Note 1:

Not used.

Note 2:

Category 5, part 2, does not cover products that accompany their user for personal use.

Note 3:

Cryptographic note paragraphs 5A002, 5A003, 5A004 and 5D002 do not apply to the following goods:

a.

goods for which all of the following conditions are met:

1.

they are commonly available to the public by being sold directly from stock, without restriction, to retail outlets, whether such sale is made:

a.

at the store;

b.

by mail;

c.

by electronic transaction; Or 

d.

by telephone;

2.

cryptographic functionality cannot be easily changed by the user;

3.

they are designed to be installed by the user without significant subsequent assistance from the supplier; And 

4.

if necessary, precise information on the goods is accessible and will be provided, on request, to the competent authorities of the Member State where the exporter is established in order to verify compliance with the conditions referred to in points 1. to 3. above ;

b.

hardware components or 'executable software' of goods described in point a. of this note, designed for these existing properties, and meeting all of the following conditions:

1.

'information security' is not the primary function or set of functions of the hardware component or 'executable software';

2.

the hardware component or 'executable software' does not modify any cryptographic functionality of the existing goods, nor add any new cryptographic functionality to the existing goods;

3.

the set of characteristics of the hardware component or 'executable software' is fixed, and is not designed or modified according to customer specifications; And 

4.

if necessary, in accordance with what is determined by the competent authorities of the Member State where the exporter is established, the precise particulars of the hardware component or the 'executable software' and the precise particulars of the corresponding finished goods are accessible and will be provided on request to the competent authorities in order to verify compliance with the aforementioned conditions.

Technical note:

For purposes of the Cryptographic Note, 'executable software' means any "software", in executable form, of a hardware component excluded from 5A002, 5A003, or 5A004 by the Cryptographic Note.

Note:

'Executable software' does not include the complete binary images of the 'software' running on a finished asset.

Note regarding cryptographic note:

1.

To meet the conditions of point a. of Note 3, all of the following conditions must be met:

a.

the property is of potential interest to a wide range of individuals and businesses; And 

b.

the price and information related to the main functionality of the good are available before purchase without having to consult the seller or supplier. A simple price request is not considered a consultation.

2.

To determine the applicability of point a. of Note 3, competent authorities may take into account relevant factors such as quantity, price, technical skills required, existing sales chains, typical customers, typical use or restrictive practices of the supplier.

Note 4:

Category 5, Part 2 does not cover goods that incorporate or use “cryptography” and meet all of the following conditions:

a.

the main function or set of functions is not included in those listed below:

1.

"information security";

2.

a computer, including operating systems, their parts or components;

3.

sending, receiving or storing information (except entertainment, mass commercial broadcasts, digital rights management or medical data management); Or

4.

network (includes operation, administration, maintenance or provisioning functions);

b.

cryptographic functionality is limited to the main function or set of main functions; And

c.

if necessary, precise information on the goods is accessible and will be provided, on request, to the competent authorities of the Member State where the exporter is established in order to verify compliance with the conditions referred to in points a. and B. above;

5A2 - Equipment, assemblies and components

5A002 – Systems, equipment and components ensuring “information security”, as follows:

a.

systems, equipment and components providing cryptographic “information security”, as follows:

NB:

For global navigation satellite systems (GNSS) receiving equipment containing or employing decryption, see 7A005. For corresponding decryption “software” and “technology”, see paragraphs 7D005 and 7E001.

1.

designed or modified to use "cryptography" using digital techniques providing any cryptographic function other than authentication or digital signature or the execution of copy-protected "software", and having any of the characteristics following:

Technical notes:

1.

The functions of authentication, digital signing, and running copy-protected “software” include the related function of key management.

2.

Authentication includes all aspects of access control where there is no file or text encryption, except when directly related to the protection of passwords, personal identification numbers or others similar data preventing unauthorized access.

a.

a “symmetric algorithm” employing a key length greater than 56 bits; Or

Technical note:

In Category 5, Part 2, parity bits are not included in the key length.

b.

an “asymmetric algorithm” whose security is based on one of the following characteristics:

1.

factorization of integers beyond 512 bits (e.g., RSA);

2.

calculation of discrete logarithms in a finite set multiplicative group greater than 512 bits (e.g., Diffie Hellman on Z/pZ); Or 

3.

discrete logarithms in a group other than that mentioned in 5A002.a.1.b.2 of more than 112 bits (for example, Diffie Hellman on an elliptic curve);

Note:

Paragraph 5A002.a. does not cover any of the following:

a.

microprocessor cards and microprocessor card readers/encoders as follows:

1.

a microprocessor card or an electronically readable personal document (e.g. token, electronic passport) having one of the following characteristics:

a.

the cryptographic capability is intended for use only with equipment or systems excluded from 5A002, 5A003 or 5A004 by Note 4 of Category 5, Part 2, or by items b. to f. of this note, and cannot be reprogrammed for another use; Or 

b.

having all of the following characteristics:

1.

specially designed and limited to enable the protection of personal data stored there;

2.

has been or may only be personalized for public or commercial operations or individual identification; And 

3.

cryptographic capacity is not publicly available.

Technical note:

'Personal data' includes any data specific to a particular person or entity, such as the amount of money stored and data necessary for identification.

2.

'readers/encoders' specially designed or modified, and limited, for the goods referred to in point a.1. of this note.

Technical note:

'Readers/encoders' include equipment that communicates with microprocessor cards or electronically readable documents over a network.

b.

cryptographic equipment specially designed and limited for use in banking operations or 'financial operations';

Technical note:

At point b. of the note to 5A002.a., the term 'financial operations' includes rate collection and settlement or credit functions.

c.

portable or mobile radiotelephones intended for civilian use (e.g. for use with civil commercial cellular radio systems) which are not capable of transmitting encrypted data directly to another radiotelephone or equipment (other than a radio access network equipment) or to pass encrypted data through radio access network equipment (e.g. radio network controller or base station controller);

d.

wireless telephone equipment that is not capable of end-to-end encryption when the actual range of the unenabled wireless operation (e.g., an unrelayed single hop between the terminal and the base station) is less at 400 meters in accordance with the manufacturer's instructions;

e.

portable or mobile radiotelephones and similar wireless client devices intended for civilian use, which implement only published or commercial cryptographic standards (except for anti-piracy functions, which may not be published) and which also comply with the provisions of points a.2. to a.5. cryptographic note (note 3 of category 5, part 2), which have been personalized for a specific civil industry application and contain elements which do not affect the cryptographic functionality of these original non-personalized devices;

f.

wireless “personal local area network” equipment that implements only published or commercial cryptographic standards and whose cryptographic capability is limited to a nominal range not exceeding 30 meters in accordance with the manufacturer's specifications, or not exceeding 100 meters in accordance with manufacturer's specifications for equipment that cannot be interconnected with more than seven devices;

g.

equipment presenting all of the following characteristics:

1.

all cryptographic capacity specified in 5A002.a. has one of the following characteristics:

a.

it cannot be used; Or 

b.

it can only be made usable by “cryptographic activation”; And 

2.

if necessary, in accordance with what is determined by the competent authorities of the Member State where the exporter is established, the precise information on the equipment is accessible and will be provided on request to the authorities in order to verify compliance with the aforementioned conditions;

NB1.:

See 5A002.a. regarding equipment that has undergone “cryptographic activation”.

NB2:

See also 5A002.b., 5D002.d. and 5E002.b.

h.

radio access network equipment for mobile telecommunications designed for civil use, also meeting the conditions of points a.2. to a.5. of cryptographic rating (rating 3 of category 5, part 2), having an RF output power equal to or less than 0.1 W (20 dBm), and capable of supporting a maximum of 16 simultaneous users.

i.

routers, switches or relays whose “information security” functionality is limited to “operation, administration or maintenance” (“OAM”) tasks implementing only published or commercial cryptographic standards; Or 

j.

general purpose computer equipment or servers, the “information security” functionality of which meets all of the following conditions:

1.

it uses only published or commercial cryptographic standards; And

2.

it has one of the following characteristics:

a.

it is an integral part of a central unit meeting the conditions of note 3 of category 5, part 2;

b.

it is an integral part of an operating system that is not specified in paragraph 5D002.; Or

c.

it is limited to the “OAM” of the equipment.

b.

designed or modified to enable an asset, through “cryptographic activation,” to achieve or exceed the targeted performance levels for the functionality of 5A002.a. which would not otherwise be operational.

c.

designed or modified to use or accomplish “quantum cryptography”;

Technical note:

“Quantum cryptography” is also known as “quantum key distribution”.

d.

designed or modified to employ cryptographic techniques to generate channeling codes, scrambling codes or network identification codes for ultra-wideband modulation systems and having any of the following:

1.

a bandwidth greater than 500 MHz; Or 

2.

a “fractional bandwidth” of 20% or more;

e.

designed or modified to employ cryptographic techniques to generate spreading code for "spread spectrum", other than those specified in 5A002.d., including hopping code for "frequency hopping" systems ;

 

5A003 – Systems, equipment and components providing non-cryptographic “information security”, as follows:

a.

telecommunications cable systems designed or modified using mechanical, electrical or electronic means to detect surreptitious intrusions;

Note:

Paragraph 5A003.a. aims only at physical layer security.

b.

specially designed or modified to suppress compromising emanations of information-carrying signals beyond what is necessary for health, safety or electromagnetic interference standards.

5A004 - Systems, equipment and components intended to defeat, weaken or circumvent "information security", as follows:

a.

designed or modified to perform 'cryptoanalytic functions';

Note:

Paragraph 5A004.a. includes systems or equipment designed or modified to perform 'cryptoanalytic functions' by reverse engineering.

Technical note:

'Cryptoanalytic functions' are functions designed to defeat cryptographic mechanisms to obtain confidential variables or sensitive data, including plain text, passwords or cryptographic keys.

5B2 - Testing, inspection and production equipment

5B002 – Testing, inspection and “production” equipment ensuring “information security”, as follows:

a.

equipment specially designed for the “development” or “production” of equipment specified in 5A002, 5A003 and 5A004 or 5B002.b.;

b.

measuring equipment specially designed to evaluate and validate the “information security” functions of equipment specified in 5A002, 5A003 and 5A004 or “software” specified in 5D002.a. or 5D002.c.

 

5C2 - Materials

Nothing.

5D2 - Software

5D002 – “Software”, as follows:

a.

“software” specially designed or modified for the “development”, “production” or “use” of equipment specified in 5A002, 5A003 and 5A004 or “software” specified in 5D002.c.;

b.

“software” specially designed or modified to support the “technology” specified in 5E002;

c.

specific “software”, as follows:

1.

“software” having the characteristics or performing or simulating the functions of equipment specified in paragraphs 5A002, 5A003 and 5A004;

2.

“software” intended to certify the “software” referred to in paragraph 5D002.c.1.

Note:

Paragraph 5D002.c. does not cover “software” limited to “OAM” tasks implementing only published or commercial cryptographic standards.

d.

“software” designed or modified to enable an item, through “cryptographic activation,” to meet the functionality requirements of 5A002.a. which would not otherwise be fulfilled.

5E2 - Technology

5E002 – “Technology”, as follows:

a.

"technology", as defined in the General Technology Note, for the "development", "production" or "use" of equipment specified in 5A002, 5A003 and 5A004 or 5B002, or of "software" covered in paragraphs 5D002.a. or 5D002.c.;

b.

“technology” intended to enable an item, through “cryptographic activation”, to meet the functionality conditions referred to in 5A002.a. which would not otherwise be fulfilled.

Note:

Paragraph 5E002 includes “information security” technical data obtained using procedures performed to evaluate or determine the implementation of functions, features or techniques referred to in Category 5, Part 2.

  


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 Updated: August 2017  

 

© Albert Castel April 2010