Difference between revisions of "US export control"

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(Created page with "This page is adapted after [http://reactivated.net/fprint/wiki/US_export_control a similar page on the fprint wiki], licensed under the [http://creativecommons.org/licenses/by-sa...")
 
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==Discussion with U.S. Exports office in Washington==
 
==Discussion with U.S. Exports office in Washington==
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For further clarification, Mr. Drake contacted the U.S. exports office in Washington and explained the situation. They confirmed that such distribution is not subject to the EAR.
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==Statement of the authors of Madagascar==
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Should open-source published material become export-controlled through future changes in EAR, the authors of Madagascar (as listed in the <tt>AUTHORS.txt</tt> file in the source code distribution) maintain that the statement from the Seismic Unix distribution applies to the Madagascar project as well:
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"We believe that Madagascar is a low technology product that does not appear on the Department of Commerce CCL list of restricted exports. Accordingly, we believe that our product meets the qualifications of an ECCN (export control classification number) of EAR99 and we believe it fits the qualifications of NRR (no restrictions required), and is thus not subject to export restrictions of any variety."
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This opinion was expressed by the project lead (Sergey Fomel) on the rsf-user mailing list on 2011-05-09.
  
 
==Conclusions==
 
==Conclusions==

Revision as of 19:18, 21 May 2011

This page is adapted after a similar page on the fprint wiki, licensed under the Creative Commons Attribution-ShareAlike 3.0 License. The analysis below was performed by Daniel Drake in 2007 and it applies directly to the Madagascar project. In what follows, the US Export Administration Regulations are referred to as "EAR".

Justification for export safety

Step 1: Items subject to the exclusive jurisdiction of another Federal agency

Step 2: Publicly available technology and software

Part 734

Back to 732.2 (step 2)

General Prohibition 7

Further justification

Discussion with U.S. Exports office in Washington

For further clarification, Mr. Drake contacted the U.S. exports office in Washington and explained the situation. They confirmed that such distribution is not subject to the EAR.

Statement of the authors of Madagascar

Should open-source published material become export-controlled through future changes in EAR, the authors of Madagascar (as listed in the AUTHORS.txt file in the source code distribution) maintain that the statement from the Seismic Unix distribution applies to the Madagascar project as well:

"We believe that Madagascar is a low technology product that does not appear on the Department of Commerce CCL list of restricted exports. Accordingly, we believe that our product meets the qualifications of an ECCN (export control classification number) of EAR99 and we believe it fits the qualifications of NRR (no restrictions required), and is thus not subject to export restrictions of any variety."

This opinion was expressed by the project lead (Sergey Fomel) on the rsf-user mailing list on 2011-05-09.

Conclusions