Current situation with CoCom regulations and GPS receivers for balloons and cubesats

There is a standard clause included in all GPS receiver manuals regarding COCOM Limits. I cannot find the source of this clause, but since it is worded exactly the same in all the manuals I could find, I assumed it was probably derived directly from the regulation at some point:

COCOM Limits The U.S. Department of Commerce requires that all exportable GPS products contain performance limitations so that they cannot be used in a manner that could threaten the security of the United States. The following limitations are implemented on the [named] receiver. Immediate access to satellite measurements and navigation results is disabled when the receiver’s velocity is computed to be greater than 1000 knots, or its altitude is computed to be above 18,000 meters. The receiver continuously resets until the COCOM situation is cleared.

(emphasis mine)

It would seem based on this wording that the actual rule was OR.

However, this rule appears to no longer be enforced. I am not a lawyer, but it appears that the current rule for those states which accept the Missile Technology Control Regime's controls in its Technical Annex is as follows:

11.A.3. Receiving equipment for Global Navigation Satellite Systems (GNSS; e.g. GPS, GLONASS or Galileo), having any of the following characteristics, and specially designed components therefor: a. Designed or modified for use in systems specified in 1.A.; or b. Designed or modified for airborne applications and having any of the following: Capable of providing navigation information at speeds in excess of 600 m/s;

If your GPS reciever is capable of providing navigation information at speeds greater than 600 m/s, then you must have a special license, it would seem.

Bottom line:

If you wish to alter a GPS receiver to remove COCOM limits or purchase a special GPS receiver without COCOM limits, it would appear that this is acceptable, but there may be licensing that you have to apply for. I highly recommend consulting a lawyer before using such a GPS receiver in a COCOM situation.

Sources:

5700-5800 V2 User Guide - NOAA Missile Technology Control Regime Equipment, Software, and Technology Annex - MTCR