Tightening Control on Cyber Exports, DECA Israel Releases Update “End User Declaration”

Security

By ARIE EGOZI

Tel Aviv: The Defense Export Controls Agency (DECA) in the Israel Ministry of Defense has tightened the control of cyber exports and published an updated version of the “End User Declaration.”

A state interested in acquiring a cyber or intelligence system is required to sign the declaration as a condition for issuing an export license. The updated user declaration was formulated by the Ministries of Defense and Foreign Affairs, as part of the State of Israel’s update of its export control policy with regard to cyber systems.

This update is part of a series of measures taken in the last several years regarding cyber export controls. As part of the controls mechanism, Israel approves the export of cyber systems solely to governments for the purposes of investigation and prevention of terrorism and crime. Israel controls cyber exports in accordance with the Munitions Export Control Order, which is based on the Wassenaar Arrangement.

The updated declaration implements the policy of the Ministry of Defense to control the end use of cyber systems. The declaration obligates the acquiring state to restrict the use of cyber systems for the investigation and prevention of crime and terrorism. The definition of serious crime and terrorism has been clarified in the declaration.

The updated declaration stipulates that terrorist acts, among other things, are committed with the aim of seriously intimidating a population and may cause death, injury, taking hostages or additional intentional acts.

The updated declaration also states circumstances under which the use of cyber systems is prohibited, and explicitly specifies the possible sanctions in the event of noncompliance with the obligations set forth in the declaration (including restricting the use of the cyber system or shutting down the system).