What are the relevant U.S. government laws and regulations governing export from the U.S. of encryption software?
The Export Administration Regulations, the Export Administration Act of 1979, and related U.S. presidential executive orders address export of encryption software from the U.S. The main U.S. government regulations governing the export from the U.S. of cryptographic software are the Export Administration Regulations (EAR), also known as 15 CFR chapter VII subchapter C, or 15 CFR Parts 730-774. (“CFR” stands for “Code of Federal Regulations.”) The Export Administration Regulations were created by the Bureau of Export Administration (BXA) and were designed primarily to implement the requirements of the Export Administration Act of 1979 (as amended), also known as 50 USC appendices 2401-2420. (“USC” stands for “United States Code.”) The EAA was passed as temporary legislation; however the President of the United States has periodically issued orders to continue the EAA and EAR, exercising authority under the International Emergency Economic Powers Act, also known as 50 USC 1701-1706.
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- What are the relevant U.S. government laws and regulations governing export from the U.S. of encryption software?