Exporting

Delivery, Import and Use| Export Compliance Advisory| Encryption| FAQ

Exporting Basics

Many EqualLogic products are subject to export restrictions under U.S. law because they include encryption technology. A branch of the U.S. Department of Commerce known as the Bureau of Industry and Security regulates exports through the Export Administration Regulations. These regulations spell out the export restrictions on a wide variety of goods, software, and technologies. It is EqualLogic's policy to ensure compliance with all United States government laws, regulations, embargoes and sanctions pertaining to exports.

Just because an item is subject to U.S. export controls does not necessarily mean it cannot be exported. In the case of EqualLogic encryption products, a one time government technical review is required prior to export. EqualLogic generally ensures that reviews are completed well in advance of a product's release date. Once a review has been completed, software may become eligible for a particular licensing authority. This authority may then be used by all exporters, not just EqualLogic.

EqualLogic uses this portion of its web site to communicate export control information specific to its products to our customers and partners. This information may be required for shipping documentation, record keeping, or post-shipment reporting.

Due to the dynamic nature of local country laws, EqualLogic makes this document available for informational purposes only. It may not reflect the most current legal developments, and EqualLogic does not represent, warrant or guarantee that it is complete, accurate or up-to-date. This document is subject to change without notice. The materials on this site are not intended to constitute legal advice or to be used as a substitute for specific legal advice from a licensed attorney. You should not act (or refrain from acting) based upon information in this site without obtaining professional advice regarding your particular facts and circumstances.

Delivery, Import, and Use

Delivery of EqualLogic cryptographic products does not imply third-party authority to import, distribute, or use encryption. Importers, distributors, and users are responsible for compliance with all local country laws. EqualLogic strongly recommends that importers, distributors, and users investigate such regulations prior to encryption product deployment. The Crypto Law Surveyis one unofficial information resource for international encryption laws.

Export Compliance Advisory

The United States government regulates all exports and re-exports of U.S. goods and technology. It is EqualLogic's policy to ensure compliance with all United States government laws, regulations, embargoes and sanctions pertaining to exports. To assist your company, we can provide tables detailing the export classifications of our products. We have also included hyper-links to the relevant U.S. government regulatory sites in this document.

1. A party can not export or re-export, either directly or indirectly, EqualLogic products to U.S. embargoed (or restricted*) destinations or entities thereof.
   
   

   Cuba	North Korea
   Iran	Sudan
   Libya	Syria

   
   Current embargoes and sanctions can be obtained at:
   
   Embargoed Countries:
   http://www.bis.doc.gov/PDF/fp8embar.pdf
   
   Sanctioned Countries:
   http://www.treas.gov/offices/enforcement/ofac/programs/
   
   
2. A party can not export or re-export, either directly or indirectly, EqualLogic products to entities on the U.S. Government's denial lists:
   
   • The Denied Persons list (DPL)
     Prohibition of commercial transactions with persons or entities whose export privileges have been denied by the Bureau of Industry and Security.
     [U.S. Department of Commerce]
     http://www.bis.doc.gov/DPL/thedeniallist.asp
     
     
   • The Specially Designated Nationals and Blocked Persons list (SDN)
     Prohibition of transactions with "Specially Designated Terrorists" and "Specially Designated Nationals" of countries under foreign policy embargoes. [U.S. Department of the Treasury]
     http://www.treas.gov/offices/enforcement/ofac/sdn/t11sdn.pdf
     
     
   • The Entities List (EL)
     Prohibition of export/reexport to end users or end uses requiring licensing. Part of the "Enhanced Proliferation Control Initiative (EPCI). Licenses must be obtained prior to export to these entities. [U.S. Department of Commerce]
     http://www.access.gpo.gov/bis/ear/pdf/744spir.pdf
     
     
   • The Unverified List (UL)
     Red flagged unverified entities requiring increased scrutiny.
     http://www.bis.doc.gov/Enforcement/UnverifiedList/Unverified_Parties.html
   
   
3. A party can not export or re-export, either directly or indirectly, EqualLogic products to entities who are participating in a boycott not sanctioned by the U.S. Government. The Arab League boycott of Israel is the principal economic boycott that the U.S. Government is concerned with at this time. This prohibition applies only to U.S. Citizens, U.S. Corporations and wholly owned subsidiaries. [Boycott regulations also require notifying the U.S. Government of any request to participate in such a boycott.]
   
   
4. A party can not transfer, export or re-export EqualLogic products, technology or software (without obtaining prior authorization from the U.S. Government) for end uses involving the design, development, production, stockpiling or use of missiles, chemical or biological weapons or for nuclear end uses. Part 744 of the Export Administration Regulations (EAR) details the end-use/user based control policies of the U.S. government.
   http://www.access.gpo.gov/bis/ear/pdf/744.pdf
   
   Details on nuclear restrictions and country exceptions can be found in 744.2and Supplement No. 3
   Missile restrictions can be found in 744.3and Country Group D:4
   Chemical and Biological restrictions can be found in 744.4and Country Group D:3
   Country Groups D:3and D:4are listed in Part 740of the E.A.R., Supplement No. 1
   
   Suggestions for setting up export management and screening systems are listed on the following web site:
   http://www.bis.doc.gov/ExportManagementSystems/EMSGuidelines.html
   
   
5. A party can not transfer, export or re-export, directly or indirectly; EqualLogic products, technology or software restricted from military end use to or for the use of any military entity in any designated countries. As of this time there are no specific sanctions barring non-embargoed countries from general military end use of EqualLogic products. See section 4 above for specific end-use restrictions.
   
   EqualLogic can notify you of changes in product classification that preclude specific countries from using our products for military end-use. This information will be available on our web-site.

Web links for further information:

Annual Subscription Service Available Through the National Technical Information Service (NTIS)
http://chaos.fedworld.gov/bxa/acctmgnt.html

Bureau of Industry and Security
http://www.bis.doc.gov/SiteMap.html

Office of Foreign Assets Control
http://www.treas.gov/offices/enforcement/ofac/

Export Administration Regulations Database
http://www.access.gpo.gov/bis/ear/ear_data.html

Export Management System Guidelines
http://www.bis.doc.gov/ExportManagementSystems/EMSGuidelines.html

*Content Disclaimer:

The embargoed/sanctioned countries, denial and restriction lists change over time. Please refer to the web sites for up-to-date information or contact us for assistance.

YOU as the exporter or re-exporter are responsible for ensuring that EqualLogic's products are exported in accordance with the requirements of the Export Administration Regulations (EAR). End-user, end-use and country of ultimate destination may affect export-licensing requirements. You are urged to consult the Export Administration Regulations, the Bureau of Industry and Security's Export Counseling Division, and other appropriate sources concerning restricted/prohibited uses and the exportation/re-exportation of EqualLogic products.

All export information and assistance provided by EqualLogic is provided for informational purposes only. EqualLogic makes no representation or warranty as to the accuracy or reliability of such regulations. Any use of such regulations by you is at your own risk. EqualLogic is in no way responsible for any damages whether direct, consequential, incidental, or otherwise, suffered by you as a result of using or relying upon such regulations for any purpose whatsoever.

Encryption

Terms Used in Product Matrix:

Product Family: A logical grouping of products. Unless otherwise specified, a product family includes all versions, languages, service packs, kits, customer service disk kits, documentation kits, updates, etc. for that family.

ECCN: Export Control Classification Number is a five digit alpha/numeric classification system assigned by the U.S. Department of Commerce, Bureau of Industry and Security(BIS) in the Commerce Control List (CCL). The ECCN represents a specific commodity defined in the U.S. Export Administration Regulations (EAR or 15 Code of Federal Regulations). This is the fundamental designation indicating the level of control for an item. EqualLogic products typically fall under one of four ECCNs:

• 5A002 - Information Security - Systems, equipment, application specific "electronic assemblies", modules and integrated circuits for "information security"
  
  
• 5D002 - Information Security - Software (data confidentiality encryption greater than 64-bits in key space)
  
  
• 5D992 - Information Security - Software (data confidentiality encryption less than or equal to 64-bits in key space or data authentication encryption)
  
  
• EAR99 - A category encompassing U.S.-origin items not elsewhere specified on the Commerce Control List. (software without any encryption)

LIC: Given the appropriate ECCN, you should consult the Export Administration Regulations (EAR) or counsel to determine the appropriate license type and eligible countries for export purposes. The license types for EqualLogic products are typically:

• ENC - License Exception ENC
  
  
• NLR - No License Required (To Most Countries)

CCATS: Commodity Classification Automated Tracking System. This is the code number assigned by BIS to products that it has classified against the CCL. EqualLogic provides the CCATS number for all of its products requiring it. We provide the CCATS because some encryption exports require post-shipment reporting to BIS and the CCATS is a mandatory element of these reports.

PRODUCT MATRIX - ENCRYPTION ITEMS

UNITED STATES & CANADA 

EqualLogic is unaware of any significant restrictions governing the import, distribution, and use of EqualLogic cryptographic products within the US and Canada. However:

EqualLogic may place orders on temporary "Export Hold" for evaluation of order information. EqualLogic will deny orders if there is evidence of suspicious activitiesor unauthorized usage. EqualLogic reviews encryption orders daily and will release holds as appropriate.

EqualLogic will require end-user name and address information in order to verify that items will not be re-exported without proper authorization.

Contact your local sales representative or visit EqualLogic for ordering information.

REST OF WORLD

Export controls on strong encryption (greater than 56-bit DES strength) vary according to type, strength, territory, end-use, and end-user.

EqualLogic may place orders on temporary "Export Hold" for evaluation of order information. EqualLogic will deny orders if there is evidence of suspicious activitiesor unauthorized usage. EqualLogic reviews encryption orders daily and will release holds as appropriate.

EqualLogic 40-56 bit Encryption Solutions

There are no special order policies for 40- 56 bit encryption products. Please see the advisoryon delivery, import, and use and observe all General Prohibitions and government Red Flag Indicators.

EqualLogic Strong Encryption Solutions

Strong Encryption products are subject to dynamic local country laws. In order to ensure that these products are properly routed and that clearance documents accurately reflect their unique nature:

Provide full end-user information for the encryption item at the line level. Include: customer name, contact name, address (no P.O. boxes), and telephone number. Contact your customer representative for assistance.

Carefully read all advisories in this document for additional guidance.

Obtain Required Support Documents eg. a Written Assurance is required from the end-user for orders containing Non-Retail strong encryption solutions.

Encryption deliveries are logged and user information may be provided to the local governments as required by law.

ENTITLEMENT

Export regulations dictate that EqualLogic take precautions adequate to prevent unauthorized electronic transfer of certain encryption software or technology. Such precautions include an entitlement system on EqualLogic Support website that identifies the user and requires agreement to certain terms and conditions. Downloads are logged and user information may be provided to local country governments as required by law.

If you require further assistance please contact EqualLogic at:

EqualLogic Inc.
Regulatory Affairs
9 Townsend West
Nashua, NH 3063

Telephone: (603) 579 9762
Telefax: (603) 579 6910


Frequently Asked Questions (FAQ)

Are there certain countries you cannot ship EqualLogic products to?

May I take EqualLogic encryption software overseas temporarily on my laptop computer?

What can you tell me about restrictions on encryption in countries other than the U.S.?

Where can I find EqualLogic downloads?

May I export North American versions of EqualLogic software overseas?

Are there certain countries you cannot ship EqualLogic products to?

Yes. In general, EqualLogic products may not be exported to Cuba, Iran, Libya, North Korea, Sudan, or Syria to which the United States has prohibited export.

May I take EqualLogic encryption software overseas temporarily on my laptop computer?

Yes. License exceptions TMP and BAG, described in the Export Administration Regulations, may be applicable to your situation, subject to certain conditions.

What can you tell me about restrictions on encryption in countries other than the U.S.?

EqualLogic products with encryption are marketed and distributed in every country in the world, except those restricted under U.S. law. A number of countries have laws on the books that could potentially affect the import or use of encryption, though many of these laws are interpreted so that they are not enforced against mass market software products. Some countries regulate the import or export of strong encryption software by either a system of waivers, Open General (comprehensive) or individual (specific) licenses. All exporters must observe the specific licensing processes and policies of those countries.
EqualLogic is unable to provide legal advice to its customers. When in doubt, customers should consult their own legal counsel.

Where can I find EqualLogic downloads?

The EqualLogic support site is your resource for all EqualLogic downloads.

May I export North American versions of EqualLogic software overseas?

U.S. export law generally restricts distribution of EqualLogic software programs only to U.S. embargoed destinations and a few other end-users and end-uses. Otherwise, consult your EULA and/or channel agreement to determine if there is a license restriction against redistribution outside North America.