Declaration Governing the Control of Commodities
and Services (Engagement in Encryption Items)
(Amendment) - 1998 (5758)
By virtue of the power vested in me under Sections 4 of the Control of Commodities and Services
Law -1957 (5717)(1), and with the knowledge of the Knesset Economics Committee, I hereby
declare as follows:
Section 1 of the Declaration Regarding the Control of Commodities and Services (Engagement in Encryption Means) - 1974
(5735)(2) will be replaced by:n this Declaration -
Definitions
In this Declaration -
"Encryption Item"
means an encryption tool, encryption key, encryption-related record or encryption method;
"Encryption Tool"
means software or device, including a series, part or model thereof that cause or are intended to cause encryption or
decryption, including whether or not the encryption or decryption are done by means of another device or software;
"Software"
is as per its definition in the Computer Law - 1995 (5755)(3), including designated for use in an auxiliary
computing device;
"Device"
means an electro-mechanical or electronic device that can be operated automatically, semi-automatically or manually,
including an secret writing that can be activated by writing or typing ;
"Encryption" means -
Scrambling of data, entirely or in part, by modifying the data or how it is transferred, using mathematical
equations or algorithms, whether by means of a key or not, and in such a way as to enable it to be used to
recover the original data or a part thereof;
(a)
Commonality of the encryption keys:
(b)
"Data"
means anything that can be represented in a
digitized system by means of electrical signals.
"Commonality of Encryption Keys"
means a process that enables several entities to agree on the same encryption key.
"Decryption"
means a procedure that enables or facilitates, entirely or in part, an unscrambling of
data that were otherwise incomprehensible as aforestated in Section
(1) of the "Encryption" definition, whether by using an encryption key or not.
"Encryption-Related Record"
means any form of description, including an entry, drawing, photograph, recording on magnetic media or
anything programmed in the memory of a computerized system or another electronic device, of an encryption
tool, of an encryption method, of an encryption key, or a part thereof or of their attributes or of their
performance capability, whether they exist or not;
"Encryption Method"
means an approach, plan, equation or algorithm for encrypting or decrypting;
"Encryption Key"
means data that are used in the encryption method for encrypting or decrypting, and which are subject to change;
"Engagement in Encryption Items"
means the development, production, modification, integration, purchase, use, possession, transfer, handling from
one location to another or from one person to another, import, distribution, sale or negotiations to export or
export of encryption items;
"Modification"
means the process of creating encryption items, that begins with an existing encryption item and culminates in another
encryption item, including conversion, derivative action, performance improvement, addition or deletion of attributes,
irrespective of whether the new item is referred to by the same name as the encryption item from which the process
began, or otherwise;
"Integration"
means the process of creating encryption items that begins with one or more existing encryption products and culminates
in one encryption item, irrespective of whether or not the new item is referred to by the same name of one of the items
from which the process of its creation began, or otherwise;
"Export"
includes the export of know-how that relates to the engagement in encryption items.
"Export of Know-How"
includes the export of know-how to an Israeli corporation that is controlled by someone who is not a resident of Israel,
whether the export is being executed by way of furnishing data, training, exercise or otherwise;
"Negotiations"
means mutual discussion between two sides of a transaction, including preliminary contacts to promote the transaction, irrespective of whether or not:
The said negotiations culminated in a contract to execute the transaction;
(1)
Monetary consideration is being received for conducting the negotiations;
(2)
The negotiations are being made in writing, verbally or by any other mode of communication:"
(3)
.1
Replacement of Section 1
Item 16 of the supplement to the Declaration Regarding the Control of Commodities and Services
(Weapons and Defense Know-How) - 1987 (5747) (4) - will be deleted.
.2
Amendment of Declaration Regarding Weapons
This declaration shall become effective 30 days from the date of publication thereof.
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