Document ID: chunk:federal_register_of_legislation:F2024L01024:front:0:p176
Version: federal_register_of_legislation:F2024L01024
Segment Type: other
Provision Reference: 
Character Range: 509642–513368

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. Non‑repudiation;
                   5. Digital rights management, including the execution of copy‑protected "software";
                   6. Encryption or decryption in support of entertainment, mass commercial broadcasts or medical records management; or
                   7. Key management in support of any function described in paragraph a. to f. above.
               1. For the purposes of 5A002.a., 'described security algorithm' means any of the following:
                       1. A "symmetric algorithm" employing a key length in excess of 56 bits, not including parity bits;
                       2. An "asymmetric algorithm" where the security of the algorithm is based on any of the following:
                               1. Factorisation of integers in excess of 512 bits (e.g., RSA);
                               2. Computation of discrete logarithms in a multiplicative group of a finite field of size greater than 512 bits (e.g., Diffie‑Hellman over Z/pZ); or
                               3. Discrete logarithms in a group other than mentioned in paragraph b.2. in excess of 112 bits (e.g., Diffie‑Hellman over an elliptic curve); or
                      3. An "asymmetric algorithm" where the security of the algorithm is based on any of the following:
                      1. Shortest vector or closest vector problems associated with lattices (e.g., NewHope, Frodo, NTRUEncrypt, Kyber, Titanium);
                      2. Finding isogenies between Supersingular elliptic curves (e.g., Supersingular Isogeny Key Encapsulation); or
                      3. Decoding random codes (e.g., McEliece, Niederreiter).

                Technical Note:

                An algorithm described by Technical Note 2.c. may be referred to as being post‑quantum, quantum‑safe or quantum‑resistant.

                Note 1: When necessary as determined by the appropriate authority in the exporter's country, details of items must be accessible and provided to the authority upon request, in order to establish any of the following:
                     1. Whether the item meets the criteria of 5A002.a.1. to 5A002.a.4.; or
                     2. Whether the cryptographic capability for data confidentiality specified by 5A002.a. is usable without "cryptographic activation".

                Note 2: 5A002.a. does not apply to any of the following items, or specially designed "information security" components therefor:
                   a. Smart cards and smart card 'readers/writers' as follows:
                       1. A smart card or an electronically readable personal document (e.g., token coin, e‑passport) that meets any of the following:
                           a. The cryptographic capability meets all of the following:
                            1. It is restricted for use in any of the following:
                              a. Equipment or systems not described by 5A002.a.1. to 5A002.a.4.;
                              b. Equipment or systems not using 'cryptography for data confidentiality' having a 'described security algorithm'; or
                              c. Equipment or systems excluded from 5.A.2.a. by entries b. to f. of this Note; and
                            2. It cannot be reprogrammed for any other use; or
                           b. Having all of the following: