/n software - Export Compliance



/n software products are subject to U.S. government export restrictions. /n software products that provide encryption features are subject to the EAR and other U.S. law. These features have been approved for export from the U.S., subject to certain requirements and limitations. You may find the information on this page useful for determining exportability to particular places or parties and for completing export or shipping documentation, recordkeeping, or post-shipment reporting. The information provided on this page is subject to change without notice.

Although we provide the information below to assist you, you remain responsible for exporting or re-exporting /n software products in accordance with U.S. law. We encourage you to seek appropriate legal advice and/or to consult the EAR and the BIS Information Technology Controls Division, before exporting, re-exporting or distributing /n software products.

Export Compliance

Exports and re-exports of /n software products are subject to U.S. export controls and sanctions administered by the Commerce Department’s Bureau of Industry and Security (BIS) under its Export Administration Regulations (EAR).


Product Classification Matrix

The following matrix provides information on /n software products as related to the EAR and the Commerce Control List (CCL). This information can help customers determine whether they need to apply for an export license from the BIS. Also, an export license may be required for shipping documentation, recordkeeping, or post-shipment reporting. /n software makes no representation or warranty as to the accuracy or reliability of the classifications listed in the Product Matrix. Any use of such classifications by the user, is without recourse to /n software and is at the users' own risk.

Product Name ECCN Reason for Control CCATS Date of Classification
IP*WORKS! SSL 5D992C AT1 G079723 May 18, 2010
IP*WORKS! SSH 5D992C AT1 G079720 May 18, 2010
IP*WORKS! S/MIME 5D992C AT1 G079720 May 18, 2010
IP*WORKS! S/SNMP 5D992C AT1 G079722 May 18, 2010
IP*WORKS! ZIP 5D992C AT1 G079724 May 19, 2010
IP*WORKS! EDI/AS2 5D992C AT1 G079725 May 18, 2010

* ECCN classification applies to entire product regardless of individual Edition or product SKU.

** Products not listed within the above matrix fall under the following classification:  EAR99 / NLR

Embargoed Destinations

/n software products may not be exported or re-exported, either directly or indirectly, to any country embargoed by the U.S. (Cuba, Iran, Iraq*, Libya**, North Korea, Sudan, and Syria) without prior authorization from the EAR and other applicable U.S. government agencies.

*Iraq is not on the embargoed list, but encryption products can not be exported to Iraq for non-US military purposes.

**Effective August 31, 2006, Libya has been removed from the US list of embargoed countries. An export license continues to be required to order, buy, remove, use, sell, loan, transfer, or otherwise service items that may have been unlawfully exported or re-exported to Libya prior to the lifting of the embargo. The U.S. Department of Commerce will review applications for such activity on a case-by-case basis and apply favorable consideration for civil end-uses.

Enhanced Proliferation Control Initiative

/n software products may not be used directly or indirectly in the design, development, fabrication, or use of nuclear, chemical, or biological weapons or missile technology without U.S. government authorization.

Definitions

The following information on definitions is based on the EAR. For more information on the EAR, please visit the BIS website or contact its offices directly at one of the numbers provided below:

BIS website: http://www.bis.doc.gov/
BIS Office of Exporter Services (Washington, D.C.):
+1 202 482 4811
BIS Western Regional Office: +1 949 660 0144

ECCN: Export Control Classification Number assigned to a product by the BIS. An ECCN is an alpha-numeric classification used in the EAR under the Commodity Control List (CCL) to identify items for export control purposes.

License Exception: An authorization described in part 740 of the EAR that allows you to export or re-export, under stated conditions, products subject to the EAR that otherwise would require a license (unless otherwise indicated, these License Exceptions are not applicable to exports under the licensing jurisdiction of agencies other than the Commerce Department).

Mass Market/NLR: Mass Market products are eligible for export with NLR (No License Required) to any end user (including government end users) in all countries except the embargoed countries that are designated by the U.S. as supporters of international terrorism: Cuba, Iran, North Korea, Sudan, and Syria. Mass Market products are eligible for de minimus treatment.

ENC/Unrestricted: ENC/Unrestricted products are eligible for export to any end user (including government end users) in all countries except the five (5) embargoed countries: Cuba, Iran, North Korea, Sudan, and Syria.

CCATS: Commodity Classification Automated Tracking System. This is the code number assigned by the BIS to products that it has classified against the CCL.

Foreign Nationals: A person who was born outside the jurisdiction of the United States, who is subject to a foreign government, and who has not been naturalized under U.S. law. This includes foreign national contractors and vendors. For the purposes of the US Export Administration Regulations ("EAR") a "foreign national" subject to the US "Deemed Export"† rule is an individual who is not a citizen of the United States, not a legal permanent resident (meaning not a "permanent resident alien" or "Green Card" holder.)

A U.S. export license may be needed BEFORE disclosing certain kinds of software or technology to a foreign national IF:

  1. The software or technology is export-controlled and
  2. The individual is a citizen of one or more of the following countries: Cuba, Iran, Sudan, North Korea, Syria
*Deemed Export: Any release of technology or source code subject to the EAR to a foreign national within the United States. Such a release is deemed to be an export to the home country or countries of the foreign national. This deemed export rule does not apply to persons lawfully admitted for permanent residence in the United States or to persons who are protected individuals under the Immigration and Naturalization Act - 8 U.S.C. 1324b(a)(3).

Definition of "release" of technology or software. Technology or software is “released” for export through:

  1. Visual inspection by foreign nationals of U.S.-origin equipment and facilities;
  2. Oral exchanges of information in the United States or abroad; or
  3. The application to situations abroad of personal knowledge or technical experience acquired in the United States

If a U.S. export license is required or if you need additional information, please contact Dart Communications Business Office for further information.


IMPORTANT NOTICE & DISCLAIMER:

This report is not intended to replace the EAR or other U.S. export laws (e.g., Treasury Department embargo and sanctions regulations), but is intended as an accommodation to you to be used in conjunction with applicable laws to assist you in the export and import of /n software products. You are responsible for exporting /n software products in accordance with the requirements of the EAR and other U.S. export laws. End user, end use, and country of ultimate destination may affect export licensing requirements. All ECCN and CCATS numbers and License Exception information are subject to change without notice. Modification in any way to a /n software product nullifies the classification. It is therefore your obligation as an exporter to verify such information and comply with the then currently applicable regulations. The data provided herein is for informational purposes only. /n software makes no representation or warranty as to the accuracy or reliability of such classifications or numbers. Any use of such classifications or numbers by you is without recourse to /n software Corporation and is at your own risk. /n software is in no way responsible for any damages, whether direct, indirect, consequential, incidental or otherwise, suffered by you as a result of using or relying upon such classifications or numbers for any purpose whatsoever. The materials on this Web page are not intended to be or contain legal advice. Nothing provided on it should be used as a substitute for the legal advice of competent counsel. You are urged to consult the EAR, the Bureau of Industry and Security’s Export Counseling Division, and other appropriate sources before distributing, importing, or using /n software products.

 
 
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