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16 December 1998
Date: Wed, 16 Dec 1998 09:33:11 +0100
From: Bo Elkjaer <boo@datashopper.dk>
To: jya@pipeline.com
Subject: [Fwd: Update on PGP-export restrictions from Denmark]
Hi
This is an update on the progress of crypto-restrictions in Denmark.
These rules will probably apply to the entire EU.
On december 3. 33 countries signed the Wassenaar arrangement on an
official level. The danish participant in the meeting, a civil servant
from our minister of commerce, signed the arrangement on what he must
have belived was behalf of the danish government. BUT! He _didn't_ have
proper parliamentary background for signing the arrangement, which is -
as a matter of fact - in direct contradiction to the official danish
crypto-politics.
The matter has been raised politically in Denmark by one member of
parliament, Kim Behnke, which I contacted on the issue. He now demands
an explanation from our minister of science.
Lets go back to the unlucky civil servant and his signature for a
moment. After signing the agreement, a consensus was obtained. Therefore
the signed arrangement would normally be sent to the EU Commission to be
dealt with on an administratively level, as with all other changes to
the original Wassenaar Arrangement. (There have been several changes
over the years).
But since the danish signing of the agreement happened _without_
parliamentary or governmental consent, the danish government may well be
forced by our parliament to demand, that the signed agreement will have
to be debated in the EU Council of Ministers - where the danish
government will have to revoke the signing.
If the signing is revoked by the danish government, the changes to the
Wassenaar-arrangement can't be invoked by neither the commission, nor
the EU Council. So, if the danish government revokes the signing, the
arrangement falls in the entire EU domain, and the individual nations
will have to uplift the arrangement to law on a national level. Which,
in term, may be very difficult, because if they do that, it will be
constituted as a technical trade hinderance and thus illegal by EU laws.
The case is exploding at the moment on a political level here in
Denmark.
--
Boo
ULOVLIG KRYPTO-EKSPORT PÅ BLOT TRE LINIER:
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