EAR or ITAR?

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john
Posts: 4
Joined: Fri Jul 30, 2010 7:20 pm

EAR or ITAR?

Post by john »

I am inquiring if SMILE has been classified as either EAR (Export Administration Regulations) or ITAR (International Traffic in Arms Regulations)?

Thanks
John
marek [BayesFusion]
Site Admin
Posts: 430
Joined: Tue Dec 11, 2007 4:24 pm

Re: EAR or ITAR?

Post by marek [BayesFusion] »

They were not. Honestly, I have no idea what these are. Well, one learns something interesting every day --- thanks for asking! Can you tell me more about EAR and ITAR? Should we apply for these classifications (who do we apply with?)? What benefit would our users have from this?
Cheers,

Marek
john
Posts: 4
Joined: Fri Jul 30, 2010 7:20 pm

Re: EAR or ITAR?

Post by john »

I am not an expert, but the basic premise is that the U.S. government has laws that regulate the export of products from the U.S. to other countries. There are a number of criteria, but in general, items for military or defense are governed by ITAR (International Traffic in Arms Regulation), while non-defense items are governed by EAR (Export Administration Regulation). It is these regulations that control how U.S. military technology leaves the country, and prevent U.S. companies from selling products to sanctioned countries (like Iran, North Korea, etc.). If you happen to have access to a university legal service, they might be able to tell you more. If you do find out any more information, I would appreciate if you could reply to this post.

Thanks

John
marek [BayesFusion]
Site Admin
Posts: 430
Joined: Tue Dec 11, 2007 4:24 pm

Re: EAR or ITAR?

Post by marek [BayesFusion] »

Sorry it took so long to investigate this -- actual work had higher priority. I have consulted with our university lawyers and here is the best answer that I can provide you with at the moment.

Given that GeNIe and SMILE are software products:

(a) resulting from published information obtained through public research,

(b) are available for free to anybody on the Internet, and

(c) are not encryption software, which is apparently an exception in this category,

they fall into the Public Domain and, therefore, are not subject to the Export Administration Regulations (EAR) or to the International Traffic in Arms Regulations (ITAR).

I hope this answers your question.
Cheers,

Marek
john
Posts: 4
Joined: Fri Jul 30, 2010 7:20 pm

Re: EAR or ITAR?

Post by john »

Thank you for following up. I will take your information forward, and let you know if I have any other questions.


John
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