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From "Sally Khudairi" ...@apache.org>
Subject Re: Statement by The Apache Software Foundation regarding US Federal Register Notice of non-US affiliates added to Entity List Ruling
Date Wed, 22 May 2019 23:28:32 GMT
LINK CORRECTION:

The URL for [1] should be 
https://www.bis.doc.gov/index.php/documents/regulations-docs/2395-effective-date-of-huawei-and-affiliates-entity-list-rule

- - - 
Vice President Marketing & Publicity
Vice President Sponsor Relations
The Apache Software Foundation

Tel +1 617 921 8656 | sk@apache.org

On Wed, May 22, 2019, at 15:01, Sally Khudairi wrote:
> [this statement is available online at https://s.apache.org/zvEj ]
> 
> Restrictions on exports and reexports to parties named on Entity List 
> specifically apply to activities and transactions subject to the Export 
> Administration Regulation (EAR). [1] Open Source publicly available 
> encryption software source code, as reclassified by the US Department 
> of Commerce, Bureau of Industry and Security (BIS) effective September 
> 20, 2016, is "publicly available" and "published" and is not "subject 
> to the EAR." [2]
> 
> Open Source projects involving encryption software source code are 
> still required to send a notice of the URL to BIS and NSA to satisfy 
> the "publicly available" notice requirement in EAR ยง 742.15(b).
> 
> The ASF continues to work with Apache projects and their communities to 
> ensure their notices are up to date and are maintained in the future.[3]
> 
> Open Source software, collaboration on Open Source code, attending open 
> telephonic or in person meetings, and providing sponsorship funds are 
> all activities that are not subject to the EAR and therefore should 
> have no impact on our communities.
> 
> For more information, visit http://apache.org/foundation/license-faq.html
> 
> Roman Shaposhnik
> ASF Vice President Legal Affairs
> 
> 
> We thank DLA Piper and The Linux Foundation for their legal counsel and 
> collaboration regarding this subject. 
> 
> [1] 
> https://www.bis.doc.gov/index.php/documents/regulations-docs/2394-huawei-and-affiliatesentity-list-rule/file
> 
> [2] 81 Fed. Reg. 64656, 64668 (September 20, 2016). See also, 
> https://www.bis.doc.gov/index.php/policy-guidance/encryption/223-new-encryption
> 
> [3] https://www.apache.org/licenses/exports/
> 
> = = =
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