US Mass Market Crypto Exportable

Owen Lewis oml at sysrx.uk.com
Mon, 10 Jun 2002 15:15:47 +0100


> -----Original Message-----
> From: ukcrypto-admin@chiark.greenend.org.uk
> [mailto:ukcrypto-admin@chiark.greenend.org.uk]On Behalf Of Ian Brown
> Sent: 09 June 2002 23:36
> To: ukcrypto
> Subject: RE: US Mass Market Crypto Exportable
>
>
> Owen Lewis wrote:
> > Are you sure?
>
> Quite sure.
>
> >'Technology transfer' may well be an invisible export and, yes, is it so
> >controlled - albeit ineffectively - is some circumstances.
>
> Not by UN mandate, which is what you claimed.

I mis-spoke. The word I should have used was 'resolution'. UN resolutions in
respect of sanctions require the member states to perform certain acts to
effect the burden of UN resolutions. The resolutions do not detail those
acts but the general requirements are clear and unambiguous.

In the case of the sanctions against Iraq, for example, the well spring for
the sanctions is Resolution 660 of 1990, which I think is the first of a
whole string of resolutions covering sanctions of one sort or another
against that state.

Those who would tilt against the UK ECO, must also to tilt against the
sundry EU directives and, primarily, against the UN resolutions from which
both of the others spring.

One cannot have things both ways. Either we have an international
organisation which has the moral force to require its members to comply with
its resolutions or one does not. If one does, then to tilt at national
regulations that give effect to such resolutions is sensible only in so far
as the national regulation might exceed the scope of the resolution.

To prohibit the export to a specific state of certain items but to allow the
'export' to that state of the means to make the prohibition nugatory would
simply be a nonsense - as the current regulations recognise.

I do not like the sundry ECO. They cause complication in my life in a way I
would rather did not happen. I know of no one (in commerce) who does like
them. That said, I generally accept that they give rise to a state of
affairs preferable to that which would likely pertain without them.

Now, to return to the nub of it. Do you claim other than that prohibition of
certain exports to certain states, including the transfer of technology,
does other than give effect to a requirement of the UN upon its member
states? If yes, then it might be useful to set out your position here.

Owen