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 ยง740.14 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...