Off topic question re Export controls

Hallendorff, Mattias hallendorff.mattias at
Thu Mar 7 14:55:40 UTC 2002

1.  What are the export controls to which the above clause refers, and where
can I find details of them ?
As a general matter the following may serve as an initial pointer:
There are several agencies that administer export-licensing/control
programs.  Depending on the products and the intended countries of export,
generally the two most relevant agencies are the Office of Foreign Assets
Control (“OFAC”), a unit of the U.S. Treasury Department and the Bureau of
Export Administration (“BXA”), a unit of the U.S. Commerce Department.

OFAC enforces a series of embargoes (codified at 31 C.F.R. Part 500 et seq.)
that prohibit or limit business activities in several countries, including
Iran, Cuba, North Korea, Libya, Iraq, Sierra Leone, Burma (Myanmar), Taliban
(in Afganistan), Sudan, Federal Republic of Yugoslavia (Serbia and
Montenegro), and UNITA (Angola).  This list can and does change from time to
time, based on U.S. foreign policy considerations. 
BXA administers the export control rules contained in the Export
Administration Regulations (“EAR”) (codified at 15 C.F.R. §§730-774).  Under
the EAR, an “export” of software or technical data – actual or “deemed” –
may sometimes require an export license from the BXA.  That legal
determination usually revolves around two central factors:  (a) the nature
or sensitivity of the software or technical data and (b) the nationality of
the recipient.  The EAR may also bar exports to certain parties based on the
likely or actual end use (e.g., for development of weapons of mass
destruction) or to certain designated persons (e.g., terrorists, narcotics
traffickers, etc.).
A word of warning - these are often very technical regulations and may
require significant review.  However, it really depends on the type of
software and the recepient whether there is cause for concern.
Mattias Hallendorff
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <>

More information about the License-discuss mailing list