Document ID: chunk:federal_register_of_legislation:F2024L01024:front:0:p175
Version: federal_register_of_legislation:F2024L01024
Segment Type: other
Provision Reference: 
Character Range: 506559–510031

existing items;
                   3. The feature set of the component or 'executable software' is fixed and is not designed or modified to customer specification; and
                   4. When necessary as determined by the appropriate authority in the exporter's country, details of the component or 'executable software', and details of relevant end‑items are accessible and will be provided to the authority upon request, in order to ascertain compliance with conditions described above.

                Technical Note:

                For the purposes of the Cryptography Note, 'executable software' means "software" in executable form, from an existing hardware component excluded from 5A002. by the Cryptography Note.

                     Note: 'Executable software' does not include complete binary images of the "software" running on an end‑item.

            Note to the Cryptography Note:

                1. To meet paragraph a. of Note 3, all of the following must apply:
                   a. The item is of potential interest to a wide range of individuals and businesses; and
                   b. The price and information about the main functionality of the item are available before purchase without the need to consult the vendor or supplier.

                2. In determining eligibility of paragraph a. of Note 3, national authorities may take into account relevant factors such as quantity, price, required technical skill, existing sales channels, typical customers, typical use or any exclusionary practices of the supplier.
5. A. 2. Systems, Equipment and Components
CRYPTOGRAPHIC "INFORMATION SECURITY"
5. A. 002. "Information security" systems, equipment and components therefor, as follows:

            N.B.: For "satellite navigation system" receiving equipment containing or employing decryption see 7A005., and for related decryption "software" and "technology", see 7D005 and 7E001.

5. A. 002. a. Designed or modified to use 'cryptography for data confidentiality' having a 'described security algorithm', where that cryptographic capability is usable, has been activated, or can be activated by any means other than secure "cryptographic activation", as follows:
              1. Items having "information security" as a primary function;
              2. Digital communication or networking systems, equipment or components, not specified in paragraph 5A002.a.1.;
              3. Computers, other items having information storage or processing as a primary function, and components therefor, not specified in paragraphs 5A002.a.1. or 5A002.a.2.;
                  N.B.: For operating systems, see also 5D002.a.1. and 5D002.c.1.
              4. Items, not specified in paragraphs 5A002.a.1. to 5A002.a.3., where the 'cryptography for data confidentiality' having a 'described security algorithm' meets all of the following:
                   1. It supports a non‑primary function of the item; and
                   2. It is performed by incorporated equipment or "software" that would, as a standalone item, be specified by Category 5 – Part 2.
           Technical Notes:
              1. For the purposes of 5A002.a., 'cryptography for data confidentiality' means "cryptography" that employs digital techniques and performs any cryptographic function other than any of the following:
                   1. "Authentication";
                   2. Digital signature;
                   3. Data integrity;
                   4.