Relevant Encryption Regulations Modified to Reflect Cancelled Licenses
In accordance with the State Council's decision to eliminate four commercial encryption licenses, the State Cryptography Administration (SCA) released the Decision of the State Cryptography Administration on Rescinding and Revising Some of the Provisions (the Decision) with immediate effect and has cleaned up and modified the relevant encryption regulations impacted by the SC's decision.
According to the Decision, SCA eliminated the following three encryption regulations:
(1) Provisions on Sale of Commercial Encryption Products 2005;
(2) Provisions on Use of Commercial Encryption Products 2007;
(3) Administrative Measures for Use of Encryption Products by Foreign Organizations and Individuals in China 2007.
SCA revised the following three regulations releasing final official versions:
(4) Provisions on Commercial Encryption Scientific Research
(5) Provisions on Manufacturing of Commercial Encryption Products
(6) Administrative Measures for Encryption in Electronic Authentication Services
The updated (5) Provisions on Manufacturing of Commercial Encryption Products removed requirements on manufacturing licenses for companies to manufacture encryption products and updated the administrative procedures and timelines for commercial encryption product variety and type. Under the new Provisions, after researching and developing a product sample, manufacturers shall apply with the SCA for product variety and type license. After receiving the application materials, the SCA will conduct a security review (including a product sample test) and shall issue the product variety and type license 5 days after the product successfully passed the security review. A detailed application guide is available on SCA website.