Two primary sets of export control regulations the export administration regulations ear regulate exports of commercial items with potential military applications so called dualuse items. For purposes of this policy, this term includes any item, component, material, software, source code, object code, or other commodity specifically identified on the commerce control list part 774 of the export administration regulations ear or u. Us export controls on internet software transactions smu scholar. In general, the ear govern whether a person may export a thing from the u. Export administration regulations ear the ear is administered by the bureau of industry and security in the u. Export administration regulations to determine whether or not you need to apply for an export license, and screen all the parties in your export transactions against all the u.
But those whose data is subject to export controls have to be wary of using such services. The use of cloud computing services is increasingly becoming a part of everyday business practice, particularly to store, backup, share and to access data remotely. The export administration regulations ear the department of commerce bureau of industry and security bis regulates the export of commercial products and technology under the ear. Lets be honest, there are a lot of bad actors in the world countries, companies, and individuals. The list of controlled dualuse items is set out in its annex. However, you should read note 4 as it contains more descriptions. Revisions to definitions in the export administration regulations bis.
Department of commerces bureau of industry and security bis under the export administration regulations the ear. If exporting is limited, you may need a special license or permit. The new rules, part of the administration s export control reform initiative, seek to enhance clarity, promote consistency of terms across the two export control regimes, and update the ears treatment of electronically transmitted and stored technology and software. Export administration regulations ear now shipping. Encryption and export administration regulations ear bis. Eu export control and export control regimes ecustoms. Use features like bookmarks, note taking and highlighting while reading u. If the answer to first is yes, this is the second one. Exportcontrolled information or material is any information or material that cannot be released to foreign nationals or representatives of a foreign entity, without first obtaining approval or license from the department of state for items controlled by the international traffic in arms regulations itar, or the department of commerce for items controlled by. Department of commerce bureau of industry and security bis. Not only does itar and ear restrictions apply to software providers, but it also extends to infrastructure providers, such as amazon web services aws that handle the data. Bis and state department issue rules on key export control.
The export administration regulations ear contain a list of names of certain foreign persons including businesses, research institutions, government and private organizations, individuals, and other types of legal persons that are subject to specific license requirements for the export, reexport andor transfer incountry of. The new rules, part of the administrations export control reform initiative, seek to enhance clarity, promote consistency of terms across the two export control regimes, and update the ears treatment of electronically transmitted and stored technology and software. Export administration regulations ear of the department of commerce covers equipment, materials, software and related information i. The instructors will be available throughout the seminar to answer your questions on how the export regulations affect the export activities of your organization or client. The export administration regulations ear the new export administration regulations ear ear definitions export.
For more information about our export compliance software solutions. The software package includes items currently subject to strict export license requirements prior to export from the u. Itar international traffic in arms regulations and ear export administration regulations are sets of compliance requirements designed to keep specific items and services out of the hands of foreign nationals. Using consumergrade, offtheshelf software cots to store and manage sensitive data can put you at risk of violation. Theyll help you analyze your restricted and denied party screening requirements, evaluate your options, and. Exportbeschrankungen hinsichtlich kryptografie uwp applications. This is not legal advice, this is for information purposes only. Includes all updates free while subscription is active. They risk breaking the law by inadvertently sending controlled technology out of the.
The export administration regulations ear are a set of regulations found at 15 c. These procedures have been enacted to establish, document, and implement actions needed to ensure that the university, and its employees and students, remain in full compliance with international traffic in arms regulations itar, export administration regulations ear, foreign assets control regulations facr andor other applicable export. Usexport verwaltungsvorschriften ear microsoft compliance. Add this string as the value for the itsencryption export compliance code key in your apps info. S download it once and read it on your kindle device, pc, phones or tablets. The bureau of industry and security bis within the department of commerce has issued two advisory opinions relating to cloud services, one on january, 20091 the 2009 ao and the other on january 11, 20112 the 2011 ao, regarding application. It wants to store that data on a server located outside the u. The ear apply to physical things as well as technology and software. The us department of commerce enforces the export administration regulations ear through the bureau of industry and security bis. Export controls for software companies what you need to know many u. If your app requires export compliance documentation, upload the required items to app store connect, as described in upload export compliance documentation. Cloud services in all forms are becoming widely adopted by enterprise customers. This page provides export control information on mcafee software and hardware products. The instructors are experienced export administration managers, policy specialists and engineers from biss washington, d.
An export of encryption software or other software technology occurs when the software is actually shipped, transferred or transmitted physically or electronically out of the united states. Exports and reexports of mcafee products are subject to u. Published by the us commerce department in its export administration regulations ear, the commerce control list addresses dual use items, information and software that are primarily commercial in nature but also have potential military applications. Both delivery methods can qualify as an export under the ear. Articles, information and software, that are not subject to itar control, and are not excluded, fall under the ear. Export administration regulations and the bureau of industry and security. Are encryption apps ios exempt from us export regulations if released to the us app store only. Export controls for software companies what you need to know. It shows each products export classification control number eccn and license exception in accordance with the u. You can also select yes if your app meets the descriptions provided in note 4 for category 5, part 2 of the u.
The requirements in this license exception do not apply to the export of technology or software under other license exceptions, or to the export of technology or software included in an application for the foreign filing of a patent, provided the filing is in accordance with the regulations of the u. Sep 01, 2016 an export of encryption software or other software technology occurs when the software is actually shipped, transferred or transmitted physically or electronically out of the united states. The latter example is commonly known as a deemed export. Encryption software is also exported when it is transferred in the united states to a foreign country embassy or affiliate of a foreign country. Lists of export controlled items, information and software. This information is not intended to replace the ear, but used in conjunction with the ear to assist you in the export of ibm s hardware and software products. Yes, you can store data on the cloud and remain compliant with itar and ear, however you must be careful about how this data is stored and handled. All apps listed in the microsoft store must comply with these laws and regulations because the app files can be stored in the united states.
The minimum antidiversion statement for goods exported under u. The ear broadly governs and imposes controls on the export and reexport of most commercial goods, software, and technology, including dualuse items. While eccns for microsoft products are provided in order to facilitate export operations, the exporter is responsible for complying with the export administration regulations ear. During the registration process, applicants must agree not to export any uspto electronic business center software or technical data received from the uspto without full compliance with all requirements of the export administration regulations 15 cfr parts 730774 the ear. Export administration regulations ear im fokus reguvis. Export regulations ear corporations international trade. Public, private and hybrid cloud service offerings continue to grow in number and nature. Links below open the individual sections of the commerce control list.
Applicable in all eu countries, the eu export control regime is governed by regulation 4282009 which set up a community regime for the control of exports, transfers, brokering and transit of dualuse items. Export controls international trade administration. Dr in short, the answer to my original question per apple export compliance is yes, under option d, encryption apps are now exempt from export regulations if. Export administration regulations 2015 edition print. A compilation of official regulations and policies governing the export licensing of commodities and technical data. With the rapid development of the technology sectors in many lowcost countries, more and more u. The export administration regulations ear, title 15, sections 730774 of the code of federal regulations cfr are promulgated and implemented by the department of commerce. Among other things, the new rules are an attempt to update the ears treatment of electronically transmitted and stored technology and software. Ear definitions reexport, publicaly available information.
For more information on the ear, visit the bureau of industry and security bis website or contact its offices directly at one of the phone numbers listed below bis. Given the appropriate eccn, you should consult the export administration regulations ear or your export counsel to determine the appropriate license type and eligible countries for export purposes. Department of commerces bureau of industry and security bis administers u. Exports, reexports, and transfers of ti products, including technology, software, software source code, technical data, related technology, and the direct products thereof collectively ti items are subject to us export controls and sanctions, including, but not limited to, those administered by the commerce departments bureau of. Strong encryption export controls stanford university. Given the appropriate eccn, you should consult the export administration regulations ear or your export counsel to determine the appropriate license type and.
Customs and border protection cbp at the port of temporary import or export, or at the cbp website, for the proper procedures for temporarily importing or exporting firearms controlled in eccn 0a501. Explanation this is a list of suse current software. Aug 07, 2018 the export administration regulations ear contain a list of names of certain foreign persons including businesses, research institutions, government and private organizations, individuals, and other types of legal persons that are subject to specific license requirements for the export, reexport andor transfer incountry of. Additionally, both the department of treasury and the department of state regulate and control other types. The export administration regulations ear the ear impose controls on the export and reexport of most commercial goods, software and technology, including socalled dualuse items that can be used both for commercial and military purposes as well as certain defense items. These items meet all of the above descried under 5a002. Munitions list part 121 of the international traffic in arms regulations itar. The export administration regulations are a set of regulations found at 15 c. We will highlight and explain the key areas of the ccl and the export administration regulations ear that play a decisive role in. Only their official classification can guarantee that you are in compliance with the export regulations as to your product, software or hardware. Export control implications on azure and azure government.
For info about the export administration regulations ear that govern the export of technology that includes encryption, see ear controls for items that use encryption. Export controls for software companies what you need to. The us export administration regulations ear generally do not apply to etsis activities, which involve open standard development and unclassified, published technology and software not subject to the ear. To determine whether your item commodity, software or technology is subject to the ear, refer to the ears commerce control list ccl to see if it has an export control classification number eccn.
With few exceptions, items not subject to the export control jurisdiction of the itar are subject to the jurisdiction of the export administration regulations ear, 15 cfr parts 730 through 774, which includes the commerce control list ccl in supplement no. A software export under the ear includes any release of technology or software subject to the ear in a foreign country, or any release of source code subject to the ear to a foreign national. Us export administration regulations ear microsoft. Export administration regulations 2015 edition kindle edition by government, u. Whether by electronic download or through the physical transfer via cdrom or flash drive, the release of software may require an export control license from the u. To learn more about visual compliances software solutions, call tollfree 18773287866 intl. The ear broadly governs and imposes controls on the export and reexport of most commercial goods, software, and technology, including dualuse items that can be used both for commercial and military purposes and certain defense items. The export compliance module makes it easy to check what documents are required for the country you are shipping to, screen your products against the u. The regulation entered into force on august 27, 2009. The following information on definitions is based on u.
Microsoft technologies, products, and services are subject to us export rules known as export administration regulations ear and enforced by u. In addition to complying with all applicable ear requirements for the export of commodities described in paragraph b5 of this section, exporters and temporary importers should contact u. Fita the federation of international trade associations. Published by the us commerce department in its export administration regulations ear, the commerce control list addresses dual use items, information and software that are primarily commercial in nature but also have potential military applications links below open the individual sections of the commerce control list. Dr in short, the answer to my original question per apple export compliance is yes, under option d, encryption apps are now exempt from export regulations if sold in the u. Bei allen im microsoft store aufgelisteten apps mussen diese gesetze. Ear definitions publicly available technology and software. First, determine if your app uses a type of cryptography that is governed by the export administration regulations. Advisory opinion on cloudbased storefronts dear november. Aug 10, 2017 encryption export compliance for ios apps august 10, 2017. Does your app qualify for any of the exemptions provided in category 5, part 2 of the u. The ear regulate the export of goods and services identified on the commodity control list ccl, title 15 cfr 774, supp. Federal register export administration regulations.
Export administration regulations ear the release of publicly available strong encryption software under the ear is tightly regulated. Information on the export control status of ibm hardware and software products and comparison of ibm s hardware and software and the export administration regulations ear commerce control list ccl. Aug 16, 2016 is there a problem if that data is export controlled. Department of commerce enforces the export administration regulations ear through the bureau of industry and security bis. Department of commerce s international trade administration released the 2018 goods export data for the nations 392 metropolitan statistical areas msa, highlighting that u. Export regulations reach everyone and they impact how universities can conduct research successful compliance with the regulations requires understanding and commitment from everyone it is a key pinch point for compliance. Ear controls the export of socalled dualuse items, i.
We will highlight and explain the key areas of the ccl and the export administration regulations ear that play a decisive role in determining the eccn for your technology and software. You may not sell, transfer, export, reexport, finance, order, buy, remove, conceal, store, use, loan, dispose of, transport, forward, or otherwise service, in whole or in part, any item subject to the ear and exported or to be exported with knowledge that a violation of the export administration regulations, the export administration act or any. Additionally, both the department of treasury and the department of state regulate and control other types of exportrelated technology and product transfers and. Notwithstanding this analysis and classification of eccn for the software as stated above, we recommend that you seek a formal eccn classification from the bureau of export administration. Of the many sets of applicable government regulations, those most likely to apply to cloud services are the export administration regulations ear, which are enforced by the department of commerces bureau of industry and security bis and regulate generally the export and deemed export 1 of dualuse i. Etsi considers its activities not to be affected by the recent actions of the us department of commerces bureau of industry bis. Example 1 a company has technical data controlled under the international traffic in arms regulations itar. So, the us government has created a series export controls that prohibit or limit export sales to them.
Export compliance training institute comprehensive. Items subject to ear can be found on the commerce control list ccl, and each item has a unique export control classification number eccn assigned. Department of commerces export administration regulations ear. Department of state, in accordance with international traffic in arms regulations itar 22 c. Export restrictions on cryptography uwp applications. The bureau of industry and security in the united states department of commerce regulates the export of technology that uses certain types of encryption.
They are administered by the bureau of industry and security, which is part of the us commerce department. Are encryption apps ios exempt from us export regulations. However, a license exception tsu technology and software unrestricted is available for transmission or transfer of the code outside of the us. Select yes even if your app only uses the standard encryption within apples operating system. Complying with encryption export regulations apple. The controlled items are found in lists published by the u. Example 2 a company has technology controlled under the export administration regulations. Department of commerce, in accordance with the export administration regulations ear 15 c. There are times when equipment is ear99 and the technology for that equipment could require an export license for most countries. Department of commerce authority says, these commodities, technology, or software were exported from the united states in accordance with the export administration regulations. In most cases, university employees may take common items, software and technology subject to the export administration regulations ear outside of the united states under a no license required nlr declaration, so long as this property is not exported to the five export administration regulations country group e locations cuba, iran. In title 15 of the code of federal regulations, parts 300 to 799, revised as of january 1, 2012, make the following corrections. We also offer an expansive library of trade compliance webinars which explore more narrowly focused areas of international trade. On september 1, 2016, new rules adopted by the department of commerces bureau of industry and security bis that amend the export administration regulations ear will go into effect.
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