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Citation[]

White House, Executive Order 13026: Administration of Export Controls on Encryption Products (Nov. 19, 1996) (full-text).

Overview[]

This Executive Order transfers certain encryption products from the United States Munitions List administered by the Department of State to the Commerce Control List administered by the Department of Commerce. The E.O. provides for controls on the export and foreign dissemination of encryption products transferred to the Department of Commerce.

The export of encryption products transferred to Department of Commerce control could harm national security and foreign policy interests of the United States even where comparable products are or appear to be available from foreign sources. The E.O. allowed the Secretary of Commerce to consider the foreign availability of comparable encryption products in determining whether or issue a license or to remove controls on particular products. However, the Secretary is not required to issue licenses in particular cases or to remove controls on particular products based on foreign availability. The E.O. stated that appropriate controls on the export and foreign dissemination of encryption products may include measures that promote the use of strong encryption products and the development of a key recovery management infrastructure.

Source[]

  • "Overview" section: Dennis D Steinauer, Shirley M. Radack & Stuart W. Katzke, "U.S. Government Activities to Protect the Information Infrastructure" (Apr. 1997) (full-text).
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