to attract the attention on some aspects of the
news procedure that appear particulierement
important in practice.
It goes from self that it not to would know substitute to official texts.
2. Texts of reference
This are:
a) the law 90-1170 of 29 decembre 1990 (official log of 30
decembre 1990), notably its item 28, modifiee by the law 91-648
11 July 1991 (Official log of 13 July 1991);
b) the decret 92-1358 of 28 decembre 1992 taken in application of the
laws precedentes (Official Log of 30 decembre 1992, pages
17914 has 17916);
c) the arrete of 28 decembre concerning the declarations and demands
relative authorization to means and benefits of cryptologie
(Official Log of 30 decembre 1992, pages 17916 and 17917,
Official Log of 9 January 1993, pages 507 and 508);
d) the arrete of 28 decembre 1992 definissant layouts
particulars to which are somises benefits of
cryptologie (Official Log of 30 decembre 1992, page 17917);
e) for the export, the recommendation to importers and with exporters
relative to products and submissive technologies to the controle of the
final destination (Official Log, editing of documents
administrative, n 9 of 24 January 1992) amends by the text
publishes has the page 18043 of the Official Log of 30 decembre 1992
and by the arrete of 15 fevrier 1993 affixing the modalites
establishment of the demand of export license of means
cryptologie and usage of this license (Log
Official of 24 fevrier 1993, page 2947).
3. definition of means of cryptologie and benefits of cryptologie
Before to evoke some aspects the news reglementation,
it is not able be useless to recall some what consist means
cryptologie and benefits of cryptologie to which it
applies.
The definition of benefits of cryptologie figure has the item
28 of the law 90-1170 of 29 decembre 1990 precitee:
" One hears by benefits of cryptologie all benefits
aiming has transformed has the secret convention help information
or clear tones in information or unintelligible tones for the
third, or has realiser the operation opposite, grace has means, materiels
or software concus has this effect " -.
Means of cryptologie are definis by the reference that their
is made have the end of this definition: this are the materiels or the
software that can be used to provide these benefits.
In this definition, two concepts appear clearly:
that transformation and that secret convention.
4. Essential Caracteristiques of the reglementation on the cryptologie
Among the caracteristiques of the reglementation on the
cryptologie, those that one can alert as being essential
are:
notions of benefit of cryptologie and secret members;
the two implementation regimes discrete, the regime of
declaration and regime of authorization;
the existence of regimes simplify;
the simplification of the demarches liee has the existence of a figure
reduit of speakers representant the Administration.
4.1 Notions of benefit of cryptologie and secret members
The notion of benefit of cryptologie is definie to the first
alinea of the paragraph I of the item 28 of the law 90-1170
modifiee. The notion of secret members apparait in the arrete
28 decembre 1992 (paragraph 2,d). Benefits of
cryptologie submit has authorization make the object of
layouts stated in the last alinea of the item 4 of the
decret n 92-1358 of 28 decembre 1992 and in the arrete of 28
decembre 1992 (paragraph 2,d). Secret members use
in the frame of benefits of cryptologie make equally
the object of particular layouts stated in the arrete
precite.
4.2 Regime of declaration and regime of authorization
In its paragraph I, the item 28 of the law 90-1170 of 29
decembre 1990 establishes a distinction between means and
submissive benefits has declaration and means and benefits
submissive has authorization.
" -... the supply, the export or the usage of
means or benefits of cryptologie are submitted:
a) had declaration prealable when this means or this
benefit can not have other object that authenfifier
a communication or to ascertain the integrite of the message
transmitted;
b) has authorization prealable the prime minister in the
other cases. "
This distinction is developpee and explicit in the
item 2 has 7 the arrete of application of 28 decembre 1992
paragraph 2, c) of the present document. In case of doubt, the SCSSI
will be able to be consulted (to see its address the paragraph 4.4).
4.3 Regime simplify
For the declaration as for the authorization, the item 28
the law 90-1170 of 29 decembre 1990 mentions, to the last alinea of
its paragraph I, that " this decret (1) can prevoir a regime simplifies
declaration or authorization for some types of materiel or for
some categories of users. " The decret 92-1358 of 28 decembre
1992 prevoit effectively of the regimes simplify for some
declarations of usage and for some demands of authorization
usage (cf. paragraph 6.2 and 7.2 of the present document).
That will allow, in the majorite of cases, decharger
the user it meme of all formalite, the demarches having been
prealablement effectuees by the supplier.
(1) It concerns the decret of application of the law
4.4 Housekeepings concern the Administration
Organisms to which it invite desormais to address
are:
for the supply or the usage:
The Central housekeeping of the Securite of the systemes of Information
(SCSSI),
18, street of the Doctor Zamenhof
92131 Issy-les-moulineau Cedex
Telephone: (1) 40 95 37 15 Telecopie: (1) 40 95 37 01
for the export:
The SCSSI, for the declaration and the demand of authorization, and
The Financial and Commercial Authorization housekeeping
(SAFICO),
42, STREET OF CLICHY 75436 PARIS CEDEX 09
Telephone: (1) 42 81 91 44 Telecopie: (1) 40 23 06 51,
for the demand of export license.
In the case of a demand of authorization, the decision of
the Administration is notifiee to the caller by the SCSSI.
5. Constitution and depot of folders
That it concerns declaration (item 1 has 3 the decret 92-1358
28 decembre 1992) or demand of authorization (items 4 has 9),
the folder is depose to the SCSSI, that in delivre recepisse.
This depot can be acted:
is by clean hand-held remittance to the SCSSI (hours of aperture:
Monday to Thursday of 9h has 12h and 14h had 17h, Friday of 9h has
12h and 14h has 16h);
is by way postal, recommandee of preference.
Texts quote to the first alinea, complete by the item
1st of the arrete of application (paragraph 2, c), precisant the
constitution of folders. The recepisse delivre by the SCSSI
certifies the remittance of the folder, but not of its conformite with the
reglementation: the scssi can demand information
complementaires during all the procedure.
A folder of declaration or demand of authorization
comprises an administrative part and a technical part that are
one and the other has provided in four copies.
The technical part has to flag objectives of seecurite and
decrire in detail functions and the mecanismes of securite.
The administrative part allows, among others functions,
to ascertain the identite of the declarant or the caller. to establish it,
the former has to fill prints a true to models it annex has the arrete
application (paragraph 2, c) and duplicated in annex in the present
document. prints this is used for a declaration as well as
for a demand of authorization; one can to obtain it for the SCSSI.
The declarant or the caller is fitted to provide to the scssi, has the
demand of the former, members allowing verifier that the means
or the benefit of cryptologie is well true to the technical folder
provided. the nature of these members is precisee had the item 14 of the decret
92-1358 of 28 decembre 1992, complete by the arrete of application
(paragraph 2, c).
6. declaration of founiture, export or usage
(heading Ier of the decret 92-1358)
6.1 declaration of supply or usage. regime general
the item 2 of the decret stipulates, in its 1st alinea:
" the declaration of supply ...est effectuee an once for
a means or a benefit of cryptologie gives, meme if this means
or this benefit has several suppliers or makes the object
several deliveries. it is subscribed a month to the less before
the first delivery, that it is has free heading or onereux. "
that means for example that, when the maker of a means
has procede had a declaration of supply, its retailers have not
has made it.
the delai of a month applies also has the declaration
usage, the deuxieme alinea of the meme item having that:
" the declaration of usage is effectuee by the user of the
means or the benefit a month to the less before all
usage... "
6.2 declaration d ' usage. regime simplifies
the item first of the decret, in its alinea 3, institutes a
regime simplifies declaration of usage: " the declaration of
supply can be accompagnee a declaration of usage
generale, that precise the domain of usage prevu of the means or the
benefit as well as the possible categories of users
to which the means or the benefit is destined. " these information
are precisees by the declarant by filling the part c of prints it.
persons desirant to use the means or the benefit having
makes the object of a such declaration of usage generale are
dispensees of deposer a declaration of usage. the deuxieme alinea
the item 2 stipulates indeed that: " -... this declaration (the
declaration of usage) is subscribed only for means or the
benefits that have not made the object of a declaration of usage
generale to the heading of a declaration of supply anterieure. "
6.3 declaration of export (item 3 of the decret 92-1358 of 28
decembre 1992)
the declaration of export gives place to the depot prealable
to the SCSSI of a folder of declaration of supply in view of
the export following the modalites deja evoked, a month to the less
before the first export. a copy of the recepisse of this
declaration has to be presentee had the admnistration of customs during
each export.
7. authorization of supply, export or usage
(ii heading of the decret 92-1358 of 28 decembre 1992)
7.1 demand of supply authorization
The formalites of depot of demands of authorization of
supply are regies by the item 4 of the decret. the duree in order that
the authorization is demandee can not exceder five years. That concerns
means as well as benefits.
7.2 demand of usage authorization
The item 5 of the decret distinguishes two demand types:
the demand of usage authorization own, formulee
by the user;
the demand of usage authorization generale, formulee
by the holder of the authorization of supply (regime
simplifies).
the authorization generale represente a regime simplifies
authorization mentions to the last alinea of the paragraph i of
the item 28 of the law amends 29 decembre 1990. the existence
an authorization of usage generale dispenses futures
users of the depot of a demand of usage authorization,
under reserve that they satisfy to the possible conditions of
the authorization of usage generale (to see alinea 7.3).
the formalites of depot of demands of authorization
usage are regies by the item 6. the duree in order that
the authorization is demandee can not exceder ten years.
7.3 Delivrance of the supply or usage authorization
The item 7 mention fact of some conditions whose can be
matched the supply or usage authorization. They have for
object of reserver the employment of some means or some
benefits has the categories determinees of users or
applications.
One can quote for example:
means of cryptologie use solely for the
radiotelephone;
products has exclusively banking usage (allocators
automatic of bank notes).
7.4 Demand of export authorization (item 9 of the decret)
The folder of demand understands, in more of parts
administrative and technique deposees aupres of the SCSSI (an once
for a means or a benefit donnee), a demand of license
export deposee (for each export) aupres of
the administration of Customs (SAFICO), that the delivre pungent agreement
the prime minister.
8. Particular layouts
They concern:
FRENCH INTELLIGENCE-RELATED LEGAL DOCUMENTS