23 June 1999

Date: Tue, 22 Jun 1999 21:07:23 +0200
From: Bo Elkjaer <boo@datashopper.dk>
To: Anonymous <nobody@replay.com>
CC: cypherpunks@cyberpass.net
Subject: Re: Crypto exportable from what countries?

In regards to crypto-exports, EU and the Wassenaar Arrangement:

I recently aquired authorization to export PGP from my website. The authorization
was granted by the danish export-controls in accordance with EU-legislation as
directed by the Wassenaar Arrangement.

I had asked for permits to export cryptographic software in general but the export
controlling authorities, theyre called "Erhvervsfremmestyrelsen" in Danish, in
their reply allowed me to export PGP. Maybe because we had a bit of a spur on the
political agenda in regards to PGP. I have posted their reply on my website in
Danish [ http://www.datashopper.dk/~boo/pgp.html ]. The following is a translation 
of the authorization.

Denmark is part of Wassenaar and Denmark is part of EU. So this authorization
should cover the whole EU.

  "Application for authorization of general exports of the cryptographic software
  Pretty Good Privacy on the internet:

  In accordance with your application of January 27, 1999 and Erhvervsfremmestyrelsens
  letter of February 16, 1999.

  You applied in your letter for general authorization to export free cryptographic
  software for personal computers via the internet. The Styrelsen can now inform you,
  that as long as crpytographic software is

  * For general public use

  * Is developed for installation by the end-user with out specific aid or
  instructions by the supplier and

  * Is free to download,

  The program won't be considered to be under control by the export regulations,
  since it can be refered to the general softwarenote."

The letter contained a copy of the softwarenote as defined in EU legislation
1999/193/FUSP (Thats short for Faelles Udenrigs & Sikkerheds Politik - which is
something like "Common Foreign and Security Politics" or whatever. You should be
able to look it up on the European Parliament website.

Anonymous wrote:

> > I have some questions on the new French and German crypto rules.  As best
> > as I can tell, the new openness only allows for more open domestic use of
> > crypto.  Neither seems to be allowing for crypto export.  Is that reading
> > correct?
> France is in Wassenaar, as is Germany, and there are mysterious EU-related
> policies I'm not entirely sure I understand -- for now, at least, mass-market
> or public-domain stuff is supposedly exportable, according to the survey
> mentioned below, so it shouldn't interfere with your plans for world domination
> quite yet.
> >
> > Basically, I am looking for a country from which crypto can be freely
> > exported.  I have a product I would like to sell internationally, but am
> > unable to do so because of export restrictions.  Can anyone provide
> > information on which countries allow unrestricted export of crypto?
> Yes: http://cwis.kub.nl/~frw/people/koops/lawsurvy.htm
> > Are any of them major countries, preferably in Europe, or are they all
> > small independent islands?
> replay.com operates from the Netherlands.