To a point. The IV reuse is an artifact of an agreement for a stream cipher, whereas if you used an asymetric key protocol and even DH key exchange, you don't h

To a point. The IV reuse is an artifact of an agreement for a stream cipher, whereas if you used an asymetric key protocol and even DH key exchange, you don't have the same problem. The reason they're using a streaming mode in the first place is likely because of AES/symmetric compatability issues with Global Platform / EMV protocols that rely on initializing the protocol based on a shared secret (so they needed some extra diversification), and a lack of supportability for asymmetric keys in the hardware compatability, imo.