Is FreeBSD subject to the EAR ?

kosuke.okisaka at kosuke.okisaka at
Thu Dec 18 23:55:42 UTC 2008

Thanks for the reply.

This issue is a potential problem for us to offer our medical imaging 
products made in Japan, which is commingled with
the freeBSD, to the embargo countries like Iran, Syria, Sudan, etc.
Do we need to get re-export license for our product from BIS or OFAC 
before shipment from Japan to those countris 
due to the commingled freeBSD ?

Wojciech Puchar <wojtek at> wrote on 2008/12/18 

> > If the FreeBSD 6.3-release includes encryption software, it may be 
> > 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 
> >     64-bits controlled under ECCN 5D992, that:

> if it would be a problem just moving FreeBSD repositories out of US will 

> fix the problem

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