Workshop Description
Quantum cryptographic technologies sit across multiple export control regimes simultaneously. A commercial QKD system may be classified under EAR ECCN 5A002, but if integrated into a military communications platform, it could fall under ITAR USML Category XI. Post-quantum cryptographic algorithms published as open standards by NIST are generally not controlled, but specific implementations optimised for classified environments may be. The 2023 and 2024 Wassenaar Arrangement plenary sessions added quantum computing components and QKD equipment to the dual-use control lists, creating new compliance obligations for companies that previously exported without restriction.
This workshop maps the classification landscape across all three regimes. Delegates work through real product specifications to determine the correct ECCN, assess ITAR jurisdiction, and identify UK Strategic Export Control List entries. The session covers Licence Exception ENC eligibility, deemed export rules for academic and industrial research collaborations, and the practical design of Internal Compliance Programmes for quantum technology exporters. Where controls diverge between the US, UK, and EU, the workshop highlights the specific differences and their implications for multinational quantum technology programmes including AUKUS and NATO DIANA.
What participants cover
- EAR ECCN classification for QKD hardware (5A002), QRNG devices, and PQC software implementations (5D002)
- ITAR jurisdiction: USML Category XI and XIII applicability to quantum sensors and military quantum communications
- UK Strategic Export Control Lists Category 5 Part 2 treatment of quantum information security products
- Wassenaar Arrangement 2023-2024 updates adding quantum computing and QKD to the dual-use control list
- EU Dual-Use Regulation (2021/821) Annex I quantum technology entries and catch-all provisions
- Commodity jurisdiction determinations and licence exception eligibility for quantum cryptographic products