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From "Sally Khudairi" ...@apache.org>
Subject 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 22:01:06 GMT
[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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