Among the 27 member states of the European Union (EU),
the circulation of goods and people has been free since 1993.
However, to respect the international commitments of the EU
and its members and to avoid the proliferation of nuclear,
chemical, biological, and ballistic arms, the export of
dual-use items is still subject to control. The EU's Council
Regulation 1334/2000 sets up a community system for the
control of dual-use items and technology.
The regulation:
Defines a common list of dual-use items
(including software and technology), destinations,
and guidelines, as essential elements of an effective
export control system.
Defines an effective common system of export controls on
dual-use items to ensure that the international commitments
and responsibilities of the member states, especially
regarding non-proliferation, and of the European Union,
are complied with
States that transmission of software and technology by
means of electronic media, fax, or telephone to destinations
outside the Community should also be controlled.
Includes Article 4, which sets provisions that shall apply
to cases concerning dual-use items not listed in the common
list of dual-use items.
States that the responsibility for deciding on applications
for export authorizations lies with national authorities.
States that particular attention needs to be paid to issues
of re-export and end use.
Cisco BV holds global export license NL 06 2635 4676 3
from the Dutch Export authorities. This license is valid
until June 30, 2009 and allows the export of Cisco products
classified 5A002a.1 and 5D002a (hardware and software) to all
destinations except Iran, Iraq, Libya, North Korea, and Syria.
This export license covers the following exports:
Definite sale (code 10).
Temporary exports (code 23).
Return of equipment after repair in the Netherlands (code 31).
Export of equipment for repair in a third country (code 101).
For any export to the following countries, an end-user
certificate must be completed:
Afghanistan, Armenia, Azerbaijan, China, Democratic Republic
of Congo, Iraq, Iran, Ivory Coast, Lebanon, Liberia, Libya,
Myanmar, North Korea, Rwanda, Sierra Leone, Somalia, Sudan,
Syria, Uzbekistan, and Zimbabwe.
Policies and Procedures
Cisco BV's export license must not be used by Cisco customers
(including distributors, partners, and systems integrators)
for goods transiting within the European Union for an end
destination outside of the European Union.
Definition of exporter
According to Article 2.c of the Council Regulation 1334/2000 of 22 June 2000,
(c) "exporter" shall mean any natural or legal person on whose behalf an export
declaration is made; that is to say the person who, at the time when the declaration
is accepted, holds the contract with the consignee in the third country and has the
power for determining the sending of the item out of the customs territory of the
Community. If no export contract has been concluded or if the holder of the contract
does not act on its own behalf, the power for determining the sending of the item
out of the customs territory of the Community shall be decisive;
"Exporter" shall also mean any natural or legal person who decides
to transmit software or technology by electronic media, fax, or telephone
to a destination outside the Community;
Where the benefit of a right to dispose of the dual-use item belongs
to a person established outside the Community pursuant to the contract on
which the export is based, the exporter shall be considered to be the
contracting party established in the Community.
Documentation and statement
Please make sure that the statement below is mentioned on the
documentation that accompanies any shipment containing encryption items.
"Transfer and use of Cisco products containing encryption features are subject
to the riders and conditions as defined at
http://www.cisco.com/wwl/export/crypto/tool/stqrg.html.
If you are unable to comply, please contact your Cisco representative.
Cisco products containing encryption-enabled features are classified 5A002
and 5D002 under the Wassenaar Arrangement. NL 06 2635 4676 3-- Unauthorized
Use Prohibited."
As per article 30-I from the law number 2004-575 dated
21 June 2004 on confidence in the digital economy,
the use of encryption items in France is free.
The supply, import and export are subject either
to declaration or authorization.
The DCSSI is the body in charge of managing
the request for authorizations for those encryption items.
The DCSSI website is available at:
http://www.ssi.gouv.fr/fr/reglementation/index.html#crypto
.
Overview of the French Regulations
Use, Transfer from an EU Member States
Import and Supply of encryption in France.
Encryption item
(Annex 1 of Decree 2007-663).
Use
Import & Transfer from EU Member State
Supply
Hand carry for personal use (cat.8)
Hand carry for demonstration (cat.12).
Free
Free
N/A
Authentication or integrity control (cat.1 to 7;9
& 10; 11).
Free
Free
Free
Not covered by any of the categories above.
Free
Declaration
Declaration
Overview of the French Regulations
Export, Transfer from France of encryption item.
*(1) Australia, Canada, Japan, New Zealand, Norway, Switzerland and USA
Encryption item
(See Annexes of Decree 2007-663)
Transfer to EU Member States
Export to 1 of the 7countries *
(Australia, Canada, Japan, New Zealand, Norway, Switzerland and USA)
Export to other countries
Item performing only authentication or integrity control (cat. 1 to 7 ; 8 ; 13 of annex)
Free
Free
Free
Mass Market (cat. 3 of annex 2)
Declaration
Declaration
Declaration
Using encryption key of large size (cat. 1 of annex 2)
