“Government end user” (as applied to encryption items).

A government end user is any foreign central, regional or local government department, agency, or other entity performing governmental functions; including governmental research institutions, governmental corporations or their separate business units (as defined in part 772 of the EAR) which are engaged in the manufacture or distribution of items or services controlled on the Wassenaar Munitions List, and international governmental organizations. This term does not include: utilities (including telecommunications companies and Internet service providers); banks and financial institutions; transportation; broadcast or entertainment; educational organizations (except public schools and universities); civil health and medical organizations (including public civilian hospitals); retail or wholesale firms; and manufacturing or industrial entities not engaged in the manufacture or distribution of items or services controlled on the Wassenaar Munitions List.

“Less sensitive government end users” (as applied to encryption items).

The following “government end users” (as defined in this Section of the EAR) are considered “less sensitive” for the purposes of License Exception ENC (§ 740.17 of the EAR):

(1) Local/state/provincial "government end users" (departments, agencies and entities), including local/state/provincial executive, legislative, judicial, police, fire, rescue and public safety agencies.

(2) National/federal/royal "government end users" (departments, agencies and entities) providing the following civil government functions and services:

  1. (i) Census and statistics services;

(ii) Civil public works infrastructure services (construction, maintenance, repair, regulation and administration) as follows: buildings, public transportation, roads and highways, trucking;

  1. (iii) Civil service administration and regulation, including human resources and personnel/labor management;
  2. (iv) Clean water infrastructure services (treatment, supply and testing);

(v) Economic (trade/commerce/investment), business and industrial development, promotion, regulation and administration, excluding the following end users/end uses:

  1. (A) Agencies, departments, boards and councils for science and technology
  2. (B) Research, development and national laboratories (other than as specified in paragraphs (2)(xi) (measurements and standards services) and (2)(xii) (meteorology/weather/atmospheric services) of this definition (below)
  3. (C) National telecommunications and information technology agencies, boards, councils and development authorities (including national information center, and Information Communications Technology (ICT) / telecommunications infrastructure / spectrum planning, policy, regulation and testing);
  4. (vi) Elections, balloting and polling services;
  5. (vii) Energy regulation and administration, including oil, gas and mining sectors;
  6. (viii) Environmental/natural resources regulation, administration and protection, including wildlife, fisheries and national parks;
  7. (ix) Food/agriculture regulation and administration;

(x) Labor/community/social services planning, regulation and administration, including: housing and urban development, municipality and rural affairs;

  1. (xi) Measurements and standards services;
  2. (xii) Meteorology (weather, atmospheric) services;
  3. (xiii) National archives/museums;
  4. (xiv) Patents;
  5. (xv) Pilgrimage and religious affairs;
  6. (xvi) Postal services;
  7. (xvii) Public and higher education (excluding government research institutions and any agency, institution or affiliate engaged in the manufacture or distribution of items or services controlled on the Wassenaar Munitions List);
  8. (xviii) Public health and medicine/pharmaceutical regulation and administration;
  9. (xix) Public libraries;
  10. (xx) Sports/culture (includes film, commercial broadcasting and the arts) promotion, regulation and administration;
  11. (xxi) Travel/tourism promotion, regulation and administration.

“More sensitive government end users “(as applied to encryption items).

The following national/federal/royal (departments, agencies and entities) “government end users” (as defined in this section of the EAR) providing the following government functions and services, are considered “more sensitive:”

       (1)  Agencies, departments, boards and councils for science and technology (including research, development and state / national laboratories, but not including measurements and standards);

(2)  Currency and monetary authorities (including departments and offices of the national / federal / royal reserve);

(3)  Executive agents of state (including offices of president / vice president / prime minister, royal courts, national security councils, cabinet / council of ministers / supreme councils / executive councils, crown princes and other deputies of the rulers, departments and offices of political / constitutional / mainland affairs);

(4)  Legislative bodies responsible for the enactment of laws;

(5)  Import/export control, customs and immigration agencies and entities;

(6)  Intelligence agencies and entities;

(7)  Judiciary (including supreme courts and other national / federal / regional / royal high courts and tribunals);

(8)  Maritime, port, railway and airport authorities;

(9)  Military and armed services (including national guard, coast guard, security bureaus and paramilitary);

(10)       Ministries, departments and garrisons of defense (including defense technology agencies);

(11)       Ministries and departments of finance and taxation (including national / federal / royal budget and revenue authorities);

(12)       Ministries and departments of foreign affairs / foreign relations / consulates / embassies;

(13)       Ministries of interior, internal / home / mainland affairs, and homeland security;

(14)       State / national telecommunications and information technology agencies, boards, councils and development authorities (including national information / critical infrastructure data centers, and Information and Communications Technology (ICT) /telecommunications infrastructure / spectrum planning, policy, regulation and testing);

(15) Police, investigation and other law enforcement agencies and entities (including digital crime / cyber crime / computer forensics, counter narcotics / counter terrorism / counter proliferation agencies);

(16)       Prisons;

(17)       Public safety agencies and entities (including national / federal / royal agencies and departments of civil defense, emergency management, and first responders).

   
© BIS 2016