Off topic question re Export controls

Rourk, Chris crourk at AKINGUMP.COM
Thu Mar 7 19:24:28 UTC 2002

**The only export controls I am aware of that deal with 
**software pertain to 
**military grade encryption. I do not believe that Adobe 
**produces any products 
**that fit into this category.

The problem is The Bureau of Export Administration (BXA) regulations are somewhat complicated, and there are serious penalities for violations.  There are even some countries that it is illegal to export almost ANY technology to, not just military grade encryption.

**Further, the license is asking you to acknowledge the 
**existence of certain 
**laws, not merely requiring you to follow them. This is a 
**serious problem. If 
**the US export controls do not apply to the software, then you 
**CANNOT export 
**the software because there would be NO way to aquire the 
**necessary US and 
**foreign licenses to do so, simply because they do not exist.

The export controls apply, the question is what class the technolgy falls under.  Some technology does not require a license.

**Time to do a bit of negotiation here. Demand that the clause 
**be struck out.

This is a CYA clause so they won't get sued for negligently failing to let someone know about a potential problem.  They won't readily strike it, and it doesn't matter anyway.  The only people that will enforce the BXA regulations is the US government, not Adobe.  Adobe just wants to be able to be kept out of any potential problems that may arise under BXA regulations.

Anyone exporting software or hardware should seek advice of counsel to ensure that they are in compliance with all export regulations for the country that they are exporting from.

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