Is FreeBSD subject to the EAR ?

[cpghost]

On Thu, Dec 18, 2008 at 01:55:28PM +0900, kosuke.okisaka at toshiba.co.jp wrote:
> 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:
>    ?$B!&
>    ?$B!&
>   (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:

I am not a lawyer, but I'd strongly advise that you check with one if
you have any doubts. Maybe the FreeBSD Foundation can help providing
contact to a lawyer which is familiar with FreeBSD and US export
regulations?

  http://www.freebsdfoundation.org/

> Best regards,
> 
> K.Okisaka
> Exprt Control Department,
> Toshiba Medical Systems Corporation

Kind regards,
-cpghost.

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