Discussion:
Inquire about ECCN for Debian GNU/Linux and how to deal with revised EAR
(too old to reply)
I***@cj.MitsubishiElectric.co.jp
2017-12-12 12:57:00 UTC
Permalink
Dear Sir/Madam,

I like excellent package system of Debian operating system.
I have been using for a long time. Thank you.

I'm sorry I made a duplicate question.
I know that it is not a good manners, however,
we have to found clear description about ECCN for a product,
or have to make an inquiry to maker as a procedure.

I think that past similar questions may be from the same reason.
I have been checked almost all related e-mails and websites.

In addition, I found that paragraph Part 740.13(e) of the EAR
has been revised to "[Reserved]".

According to the legal issues website (https://www.debian.org/legal/),
the past notifications had sent based on paragraph
Part 740.13(e)(1) of the past EAR.

Therefore, please let me ask questions about the following.

[1] Is the Debian operating system classified under ECCN 5D002 ?

On the USExportControl website (https://wiki.debian.org/USExportControl),
it has been described "may be" covered under ECCN 5D002.
This cannot treat as our confirmation,
so I had to ask a duplicate question as a procedure.
Is it still "may be"? Are there more clearly description?

[2] Can the Debian operating system be treated as out of EAR subject
under the current EAR ?

I think that paragraph Part 742.15(b) of the current EAR
is similar to paragraph Part 740.13(e) of the past EAR.
But there are some differences.
Are there no need to notify BIS again ?

Notes
-----
BIS - Bureau of Industry and Security
EAR - The U.S. Export Administration Regulations
ECCN - Export Control Classification Number


Sincerely,
Yuichi Ikeda
at Mitsubishi Electric Corporation
Manufacturing Engineering Center
Integrated Production Engineering Dept.
Paul Wise
2017-12-12 14:06:19 UTC
Permalink
Post by I***@cj.MitsubishiElectric.co.jp
I like excellent package system of Debian operating system.
I have been using for a long time. Thank you.
You might like to have your company listed as a commercial user of
Debian on our website.

https://www.debian.org/users/
Post by I***@cj.MitsubishiElectric.co.jp
Therefore, please let me ask questions about the following.
The last time we had any interaction with the BIS/EAR/ECCN was a very
long time ago, so it isn't surprising that the regulations have
changed. I don't think people on this mailing list have any more
information than what is listed on the USExportControl wiki page and
legal web page..

PS: based on your email address your company seems to be located in
Japan? Next year the annual Debian conference will be in Asia for the
first time and it will be held in Hsinchu, Taiwan. We welcome
sponsorship, volunteers and attendees, hopefully your company is
interested in sponsoring and can send some developers to Taiwan next
year.

https://debconf18.debconf.org/
https://debconf18.debconf.org/sponsors/
https://wiki.debconf.org/wiki/DebConf18
--
bye,
pabs

https://wiki.debian.org/PaulWise
Osamu Aoki
2017-12-23 09:03:52 UTC
Permalink
HI,
Post by I***@cj.MitsubishiElectric.co.jp
Dear Sir/Madam,
...
Post by I***@cj.MitsubishiElectric.co.jp
I think that past similar questions may be from the same reason.
I have been checked almost all related e-mails and websites.
...
Post by I***@cj.MitsubishiElectric.co.jp
On the USExportControl website (https://wiki.debian.org/USExportControl),
That is my writing ;-)
Post by I***@cj.MitsubishiElectric.co.jp
it has been described "may be" covered under ECCN 5D002.
This cannot treat as our confirmation,
That's intentional. We are developers. We can't be liable for the
legal decision. Debian doesn't sell OS, too.
Post by I***@cj.MitsubishiElectric.co.jp
so I had to ask a duplicate question as a procedure.
Is it still "may be"? Are there more clearly description?
It will be "may be" forever unless your company or someone else sponsor
the legal fees and cover liability insurances etc...

FYI: Toshiba, Hitachi, Renesas and Siemens are part of
https://www.cip-project.org/ (A part of Linux Foundation)
These people should have dealt this question in corporate
environment ... I mean how to handle legal issues of using Linux
platform.

You may wish to talk to those companies and people how they handles
this type of question.

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