[Code of Federal Regulations]
[Title 15, Volume 2]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR744.9]

[Page 336]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
  CHAPTER VII--BUREAU OF EXPORT ADMINISTRATION, DEPARTMENT OF COMMERCE
 
PART 744--CONTROL POLICY: END-USER AND END-USE BASED--Table of Contents
 
Sec. 744.9  Restrictions on technical assistance by U.S. persons with respect to encryption items.

    (a) General prohibition. No U.S. person may, without authorization 
from BXA, provide technical assistance (including training) to foreign 
persons with the intent to aid a foreign person in the development or 
manufacture outside the United States of encryption commodities and 
software that, if of United States origin, would be controlled for EI 
reasons under ECCN 5A002 or 5D002. Technical assistance may be exported 
immediately to nationals of the countries listed in Supplement 3 to part 
740 of the EAR (except for technical assistance to government end-users 
for cryptanalytic items) provided the exporter has submitted to BXA a 
completed classification request by the time of export. Note that this 
prohibition does not apply if the U.S. person providing the assistance 
has a license or is otherwise entitled to export the encryption 
commodities and software in question to the foreign person(s) receiving 
the assistance. Note in addition that the mere teaching or discussion of 
information about cryptography, including, for example, in an academic 
setting or in the work of groups or bodies engaged in standards 
development, by itself would not establish the intent described in this 
section, even where foreign persons are present.
    (b) Definition of U.S. person. For purposes of this section, the 
term U.S. person includes:
    (1) Any individual who is a citizen or permanent resident alien of 
the United States;
    (2) Any juridical person organized under the laws of the United 
States or any jurisdiction within the United States, including foreign 
branches; and
    (3) Any person in the United States.
    (c) License review standards. Applications involving activities 
described in this section will be reviewed on a case-by-case basis to 
determine whether the activity is consistent with U.S. national security 
and foreign policy interests.

[61 FR 68584, Dec. 30, 1996, as amended at 65 FR 62609, Oct. 19, 2000]