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From "Roy T. Fielding" <field...@gbiv.com>
Subject Re: ECCN questions, again, this time Ant (and sub project)
Date Wed, 10 Oct 2007 20:10:10 GMT
On Oct 10, 2007, at 4:08 AM, Gilles Scokart wrote:

> And what about the fact that jsch has probably no ECCN ?  Is it  
> enought to check that jsch fall under the 5D002 criteria, or do we  
> have to ask them notify the US Government?

Each exporter from US to outside the US has to provide an ECCN on
what it exports if the content of that export is controlled by EAR.
The original authors of jsch are not US exporters, so they don't care.

If we don't include jsch in one of our builds, then we don't export it.

If we do, then it is the ECCN of *our entire build* that matters -- the
classification applies to the package as a whole, not individual bits.
The individual bits are only relevant when we are exporting a controlled
package, in which case we must provide the source link for each
manufacturer of controlled code within that package.

Think of it as a handgun.  If we export a device that includes within
it a handgun, then we must classify the device and describe the gun.
If we export a device that is specifically made for containing and
operating a handgun, but does not include the gun, then we only have
to classify the device.  OTOH, if we export a device that does not
contain a handgun and is not specifically designed to operate one,
then the device is not controlled by handgun laws at all, and thus
has no classification (ECCN) under those laws.

....Roy


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