6.5.1 What are the cryptographic policies of some countries?
This section gives a very brief description of the cryptographic policies in twelve countries. We emphasize that the laws and regulations are continuously changing, and the information given here is not necessarily complete or accurate. For example, export regulations in several countries are likely to change in the near future in accordance with the new U.S. policy. Moreover, some countries might have different policies for tangible and intangible products; intangible products are products that can be downloaded from the Internet. Please consult with export agencies or legal firms with multi-national experience in order to comply with all applicable regulations.
The Australian government has been critized for its lack of coordination in establishing a policy concerning export, import, and domestic use of cryptographic products. Recent clarifications state that there are no restrictions on import and domestic use, but that export is controlled by the Department of Defense in accordance with the Wassenaar Arrangement.
While there are no restrictions of any kind today, there are proposals for a new law requiring users to register their products. Brazil is not part of the Wassenaar Arrangement.
There are no restrictions on import and domestic use of encryption products in Canada today . The Canadian export policy is in accordance with the policies of countries such as United States, United Kingdom, and Australia in the sense that Canada's Communications Security Establishment (CSE) cooperates with the corresponding authorities in the mentioned countries.
China is one of the countries with the strongest restrictions on cryptography; a license is required for export, import, or domestic use of any cryptography product. There are several restrictions on export regulations, and China is not participating in the Wassenaar Arrangement.
The European Union
The European Union strongly supports the legal use of cryptography and is at the forefront of counteracting restrictions on cryptography as well as key escrow and recovery schemes. While this policy is heavily encouraged by Germany, there are a variety of more restrictive policies among the other member states.
France used to have strong restrictions on import and domestic use of encryption products, but the most substantial restrictions were abolished in early 1999. Export regulations are pursuant to the Wassenaar Arrangement and controlled by Service Central de la Sécurité des Systèmes d'Information (SCSSI).
There are no restrictions on the import or use of any encryption software or hardware. Furthermore, the restrictions on export regulations were removed in June 1999.
While unhindered use of cryptography is supported by the Italian authorities, there have been proposals for cryptography controls. There are no import restrictions, but export is controlled in accordance with the Wassenaar Arrangement by the Ministry of Foreign Trade.
The policy of United Kingdom is similar to that of Italy, but with even more outspoken proposals for new domestic cryptography controls. Export is controlled by the Department of Trade and Industry.
Domestic use, export, and import of cryptographic products are tightly controlled in Israel. There have been proposals for slight relaxations of the regulations, but only for cryptographic products used for authentication purposes.
There are no restrictions on the import or use of encryption products. Export is controlled in accordance with the Wassenaar Arrangement by the Security Export Control Division of the Ministry of International Trade and Industry.
The Russian policy is similar to the policies of China and Israel with licenses required for import and domestic use of encryption products. Unlike those countries, however, Russia is a participant of the Wassenaar Arrangement. Export of cryptographic products from Russia generally requires a license.
There are no restrictions on the domestic use of cryptography, but import of cryptographic products requires a valid permit from the Armaments Control Division. Export is controlled by the Department of Defense Armaments Development and Protection. South Africa does not participate in the Wassenaar Arrangement.
In the table below, 75 countries have been divided into five categories according to their cryptographic policies as of 1999. Category 1 includes countries with a policy allowing for unrestricted use of cryptography, while category 5 consists of countries where cryptography is tightly controlled. The table and most other facts in this answer are collected from [EPIC99], which includes extensive lists of references. Countries with their names in italics are participants in the Wassenaar Arrangement (see Question 6.5.3).
|1||Canada, Chile, Croatia, Cyprus, Dominica, Estonia, Germany, Iceland, Indonesia, Ireland, Kuwait, Kyrgyzstan, Latvia, Lebanon, Lithuania, Mexico, Morocco, Papua New Guinea, Philippines, Slovenia, Sri Lanka, Switzerland, Tanzania, Tonga, Uganda, United Arab Emirates.|
|2||Argentina, Armenia, Australia, Austria, Belgium, Brazil, Bulgaria, Czech Republic, Denmark, Finland, France, Greece, Hungary, Italy, Japan, Kenya, South Korea, Luxembourg, Netherlands, New Zeeland, Norway, Poland, Portugal, Romania, South Africa, Sweden, Taiwan, Turkey, Ukraine, Uruguay.|
|3||Hong Kong, Malaysia, Slovakia, Spain, United Kingdom, United States.|
|4||India, Israel, Saudi Arabia.|
|5||Belarus, China, Kazakhstan, Mongolia, Pakistan, Russia, Singapore, Tunisia, Venezuela, Vietnam.|