ECCN and implementation / customization services

[Mike Bates <mi...@hotwaxmedia.com>]

Hello,

Have been doing some research into ECCN and wanted to come to this  
list with the following:

OFBiz is ECCN 5D002. Our software services organization is based in  
the US, and we offer OFBiz implementation and customization services.   
We also have a foreign subsidiary in India.

1. Do we need to request a commodity classification review from the  
BIS prior to delivering OFBiz customizations to an end-user located  
outside the US?
2. How about with respect to our Indian subsidiary?

If anyone has any experiences to share or other light to shed here, it  
would be most appreciated.  I cannot imagine that every consulting  
company customizing OFBiz on behalf of foreign clients is requesting  
BIS reviews prior to submitting each deliverable, but wanted to see  
what others may know.

Best regards,

Mike

-- 
Mike Bates


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Re: ECCN and implementation / customization services

["William A. Rowe, Jr." <wr...@rowe-clan.net>]

Mike Bates wrote:
> 
> If anyone has any experiences to share or other light to shed here, it 
> would be most appreciated.  I cannot imagine that every consulting 
> company customizing OFBiz on behalf of foreign clients is requesting BIS 
> reviews prior to submitting each deliverable, but wanted to see what 
> others may know.

Carefully review exemption TSU, which is what the ASF qualifies for in all
of the open source releases.  The ASF relies upon individuals anonymously
accessing the ASF and mirror servers in a way which the Federal Government
finally determined is not subject to certain denied destinations, etc.

Now, most "commercial software" or "distributing software to clients" does
not fall under exemption TSU even when the code is open source, so you must
consult your own legal advise for guidance.


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