US EXPORTERS CAN USE ENCRYPTION TO PROTECT DEFENCE TECHNOLOGY ON CLOUD

An article from Arent Fox on 31 January said that the US State Department has finally brought the International Traffic in Arms Regulations (ITAR) into the 21st Century by means on of a new interim final rule adopting cloud computing encryption standards.  As a result, the article says, companies will be able to use the Cloud for both ITAR and Export Administration Regulation (EAR)-controlled technology without ensuring that all of the cloud servers are located in the US.  The new rule comes into operation on 25 March. However, there are conditions, including that the technology involved cannot include any classified information, and the encryption must be truly end-to-end.  It also notes that the new rule does not cover non-US export-controlled technology, such as that controlled under EU laws, although the US Government says that it is in talks with allies regarding the adoption of global standards.

https://www.internationallawoffice.com/Newsletters/International-Trade/USA/Arent-Fox-LLP/ITAR-catches-up-exporters-can-use-encryption-to-protect-defence-technology-on-Cloud

Author: raytodd2017

Chartered Legal Executive and former senior manager with Isle of Man Customs and Excise, where I was (amongst other things) Sanctions Officer (for UN/EU sanctions), Export Licensing Officer and Manager of the Legal-Library & Collectorate Support Section

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