EAR export restrictions and electronics parts

[Sigmoid]

Hey,

I've been checking around for a step-up converter, and I found one of the cheapest suitable ones has a little tag on Mouser, saying that "export from the United States may require additional documentation".

Now, after some research, it seems that the part is available on mouser.de, WITH THE SAME TAG in German. How does that even work? How can Mouser sell it in Germany if it requires additional documentation to export it? Additional documentation from whom? The buyer? Someone who uses it in a product? If a German company uses it to build a device, does it pose a problem? What if a US company uses it?

On Digikey.de, I found no indication of there being any problem with this part. "Digi-Key Lager : 19,990 Kann sofort versendet werden"...

http://www.mouser.com/ProductDetail/Active-Semi/ACT6390MH-T/?qs=%2fha2pyFadugluk6dVAEX9pclDDl4JuHt8AkV2fH37LSBiQhVjfb%2fPg%3d%3d

http://www.mouser.de/ProductDetail/Active-Semi/ACT6390MH-T/?qs=%2fha2pyFadug84W0dsjC7xav8veq4NPR6QKv76uC35n4Y7hOHEwCdTw%3d%3d

http://www.digikey.de/product-detail/de/ACT6390MH-T/1488-1019-6-ND/4701101

[tonyarkles]

I'm guessing here, but as a Canadian I've had to deal with some of that paperwork before. Likely, the parts in the warehouse at mouser.de weren't ever in the US, and thus don't have to get exported from there.

[Sigmoid]

I'm guessing here, but as a Canadian I've had to deal with some of that paperwork before. Likely, the parts in the warehouse at mouser.de weren't ever in the US, and thus don't have to get exported from there.

What kind of paperwork is it? Is it generally a bad idea to use such a part - in terms of being able to sell the final product?

[German_EE]

Just order your part 

I've come across this problem a couple of times when ordering from Mouser, a power supply that was not CE marked and a component that was marked as 'dual use'. In both cases there was a slight delay but the order eventually arrived on my doorstep.

[Sigmoid]

Since I'm designing something that I might want to sell eventually in small batch production, I'm a bit concerned about the impact this might have on the legal status of the final product. Is there any impact, or is it just the bare part that's problematic?

Just order your part 

I've come across this problem a couple of times when ordering from Mouser, a power supply that was not CE marked and a component that was marked as 'dual use'. In both cases there was a slight delay but the order eventually arrived on my doorstep.

[amyk]

...why do you want that one exactly, in particular? It's a 2.7~5.5V to 12V 1.7A 1.3MHz boost converter. Not exactly a rare set of parameters.

[tonyarkles]

I'm guessing here, but as a Canadian I've had to deal with some of that paperwork before. Likely, the parts in the warehouse at mouser.de weren't ever in the US, and thus don't have to get exported from there.

What kind of paperwork is it? Is it generally a bad idea to use such a part - in terms of being able to sell the final product?

Off the top of my head, I can remember two cases:

1. I ordered a Mojo (FPGA dev board) and Bus Pirate (multi-serial-protocol-to-USB dev board) from Sparkfun. It wasn't clear specifically which EAR regulation the FPGA was covered by, but the Bus Pirate was apparently covered by 3A991.a.2: “Microprocessor microcircuits”, “microcomputer microcircuits”, and microcontroller microcircuits having any of the following: ... a.2. A clock frequency rate exceeding 25 MHz;. The extent of this "paperwork" involved the following email exchange:

Sparkfun:  Do you intend to sell or send these items to anyone in any of the following countries: Cuba, Iran, North Korea, Sudan, or Syria?
Me: I will be using these for myself and will not be exporting them.

2. I ordered a number of RF components from Mini-Circuits (directional coupler, attenuators, bias tee) and was required to print off a PDF, fill in my name, address, and intended use of the parts, sign and date, and fax or scan & email. Similar idea to Sparkfun's paperwork, just stating that I was going to abide by the EAR and ITAR.

[richard.cs]

Our company policy is not to buy anything subject to US export restrictions unless there is no alternative, even an inferior part at triple the price. Working with ITAR stuff needs MD sign-off and we have declined to bid for work in the past because of it. The rules are complex, difficult to interpret and follow and the penalties for getting it wrong are severe, including personal liabilities for the employee.

This kind of policy is pretty comon in Europe now and it must be having an impact on the US export market. Generally if it's made in the USA we don't buy it just in case.

[Psi]

Every time you order from digikey from outside USA you have to answer some questions as part of the order process. Questions about what you're doing and where you intend to use it.

However Mouser doesn't do this on all orders.
I think it's just a different approach to the same issue (complying with govt regulations).  ie, Mouser ask only for items that need it and digikey ask on all orders.

[mikeselectricstuff]

Every time you order from digikey from outside USA you have to answer some questions as part of the order process. Questions about what you're doing and where you intend to use it.

However Mouser doesn't do this on all orders.
I think it's just a different approach to the same issue (complying with govt regulations).  ie, Mouser ask only for items that need it and digikey ask on all orders.

Digikey's system is much better - Mouser's system can add a couple of days, delay to an order.

[Psi]

i've never ordered something from mouser that needed it.

But yeah, i'd rather spend the 20 seconds answering a few questions it at the time.
Much better than having the order delayed by 2 days because of emails back and forward.

[Sigmoid]

...why do you want that one exactly, in particular? It's a 2.7~5.5V to 12V 1.7A 1.3MHz boost converter. Not exactly a rare set of parameters.

Beside being one of the cheapest of the bunch, I'm not particularly married to it. But it made me curious about all these restrictions.

Off the top of my head, I can remember two cases:

1. I ordered a Mojo (FPGA dev board) and Bus Pirate (multi-serial-protocol-to-USB dev board) from Sparkfun. It wasn't clear specifically which EAR regulation the FPGA was covered by, but the Bus Pirate was apparently covered by 3A991.a.2: “Microprocessor microcircuits”, “microcomputer microcircuits”, and microcontroller microcircuits having any of the following: ... a.2. A clock frequency rate exceeding 25 MHz;. The extent of this "paperwork" involved the following email exchange:

LOL!
I still remember the COCOM list (I grew up in Eastern Europe), but this sounds like it hasn't been updated since! 25 MHz? I'm sure North Koreans can mass produce those in a run-down village shack nowadays.

[LukeW]

It's important to remember that US export control policy is irrelevant if the goods being exported are not from the US - you need to check (well, the company that you're buying from - it's their responsibility) that they're exporting stuff in accordance with German (or whatever country) law.

Interestingly, Digi-Key will tell you the US Export Control Classification Number for every item on their printed invoices, but they don't provide a convenient way to check it before you order. I don't know about other distributors.

Most basic jellybean components are "EAR99" list without a separate entry in the Commerce Control List, which basically means the lowest class of control - so basically not a problem unless you're exporting to North Korea or something.

It's surprisingly common to find that the components you want to order are export controlled, just for common, everyday components in some cases.

For example, I have ordered some cheap, fairly ordinary 16 MHz SMD crystals, which are classed as 3A001B10.
Now, let's look up what 3A001B10 actually says in the list:

b.10. Oscillators or oscillator assemblies, specified to operate with all of the following:
b.10.a. A single sideband (SSB) phase noise, in dBc/Hz, better than -(126+20 log 10 F -20 log 10 f) anywhere within the range of 10 Hz<F<10 kHz; and
b.10.b. A single sideband (SSB) phase noise, in dBc/Hz, better than -(114+20 log 10 F-20 log 10 f) anywhere within the range of 10 kHz <F< 500 kHz;
Technical Note: In 3A001.b.10, F is the offset from the operating frequency in Hz and f is the operating frequency in MHz.

It is not hard to find a generic crystal that is export controlled, under those phase noise criteria.

As another example, Atmel ATmega128RFA1 microcontrollers have an ECCN of 5A002A1. It's quite common to encounter microcontrollers and comms/networking devices that are export controlled in category 5A - all of Atmel's 802.15.4 wireless microcontrollers, the TI CC3000 and the TI CC2538, the WizNet W5200 Ethernet MAC/PHY chip are all in category 5A, to name just a few examples off the top of my head.

So what is in all these chips that is considered so sensitive that they need to export control it?
Yes, it's that naughty crypto.

The following, any any chip that implements the following, are just part of the "information security" list:

a.1.a. A “symmetric algorithm” employing a key length in excess of 56-bits; or
a.1.b. An “asymmetric algorithm” where the security of the algorithm is based on any of the following:
a.1.b.1. Factorization of integers in excess of 512 bits (e.g., RSA);
a.1.b.2. Computation of discrete logarithms in a multiplicative group of a finite field of size greater than 512 bits (e.g., Diffie-Hellman over Z/pZ); or
a.1.b.3. Discrete logarithms in a group other than mentioned in 5A002.a.1.b.2 in excess of 112 bits (e.g., Diffie-Hellman over an elliptic curve);
Technical Note: Parity bits are not included in the key length.

[coppice]

It's important to remember that US export control policy is irrelevant if the goods being exported are not from the US - you need to check (well, the company that you're buying from - it's their responsibility) that they're exporting stuff in accordance with German (or whatever country) law.

That's not quite right. A US company making and supplying stuff outside the US, which never enters the US at all, is still broadly bound by those US export controls. There are workarounds, though. When cryptography was more heavily controlled some things were supplied from the US with the encryption bits missing. A CD would arrive from another country with the missing bits and installation instructions.

[German_EE]

Some people have long memories. In 2008 I was living in Hungary and I tried to place a small order with a US hardware company, McMaster Carr. My order was refused as they did not want to export American goods "behind the Iron Curtain". Payment by Visa card, insured shipping, nothing would persuade them to ship that order and eventually they lost the business.

Maybe more Americans should watch You Tube:

[LukeW]

Interestingly, Mouser refuses to sell the LPR450AL gyroscope to Australian users because of US export control, but the STEVAL-MKI078V1 reference board for that same chip is available to buy.

Obviously the terrorists haven't figured out that they can buy the ref board and get out the hot air and take a minute to pop the chip off and move it over to their missile board.

[SeanB]

Watch this video and you will understand about the reasoning slightly.



Not electronics related ( aside from others with some hard drive data erasure) but a demo of the thought processes.