Is FreeBSD subject to the EAR ?

kosuke.okisaka at kosuke.okisaka at
Thu Dec 18 05:06:04 UTC 2008

Is Free BSD 6.3-release subject to the U.S. Export Administration 
Regulation ?

If the FreeBSD 6.3-release includes encryption software, it may be subject 
to the EAR.

Following is extract part of the EAR.

Part 734.3  :  Items subject to the EAR

(b) The following items are not subject to the EAR:
  (3) Publicly available technology and software, except software 
controlled for 
       "EI" reasons under ECCN 5D002 on the Commerce Control List and 
      mass market encryption software with symmetric key length exceeding
     64-bits controlled under ECCN 5D992, that:

Best regards,

Exprt Control Department,
Toshiba Medical Systems Corporation
e-mail : kosuke.okisaka at

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