Re: Free Java Software To Global Education Community

Joachim Feise (jfeise@ics.uci.edu)
Wed, 08 Apr 1998 18:40:08 -0700


Rohit Khare wrote:
>
> > Institutions eligible for this program exclude those that the US government
> > restricts software export to. The exclusions are listed in the US Department of
> > Commerce's Table of Denials. The table includes some universities in selected
> > countries and certain individuals/companies.
> >
> > -JoeF
>
> Wouldn't y'all just LOVE to see this table - I don't believe it's entirely
> public. That is, the countries are, but I've never seen/heard of a blacklist
> of individuals.
>
> I'd assume what they mean is that they can't license it to, say, a Libyan
> national enrolled at a European university -- namely, individuals are banned
> by characteristic not by name.
>
> But if it did exist, it would be DAMNED COOL to qualify onto it :-)
>
> Rohit

Take a look here: http://www.bxa.doc.gov/2_denial.htm
U.S. DEPARTMENT OF COMMERCE
BUREAU OF EXPORT ADMINISTRATION
Denied Persons List Currently in Effect

(Revised April 6, 1998)

(a) Contents

(1) This table lists orders that currently deny export privileges in whole or in
part. Orders are published in full in
the Federal Register as cited in the column entitled, "Federal Register
Citation."

(2) Publication of orders. New or amended denial orders are published in the
Federal Register as they are issued,
and their issuance announced in Export Administration Bulletins. Although
diligent efforts have been made to
ensure the accuracy of the information in this table, the Federal Register is
the authoritative source for denial
orders.

(3) Table: This table is updated as new orders are promulgated and existing
orders expire. The table does not
appear in the Code of Federal Regulations. Paper copies of this table are
available from:

Office of Export Services
P.O. Box 273
Washington, D.C. 20044
(b) Effect of Denial Orders

The failure by any person to comply with any denial order is a violation of the
Export Administration Regulations
(EAR). Denial Orders issued on or after April 24, 1996 are designated either
"Standard" or "non-standard" in the
column headed "Export Privileges Affected" in this table. The text of the
"standard" orders are all identical. That
text reads as follows:

"IT IS THEREFORE ORDERED:

FIRST, that [the denied person(s)] may not, directly or indirectly, participate
in any way in any transaction
involving any commodity, software or technology (hereinafter collectively
referred to as "item") exported or to be
exported from the United States that is subject to theExport Administration
Regulations (EAR), or in any other
activity subject to the EAR, including, but not limited to:

A. Applying for, obtaining, or using any license, License Exception, or export
control document;

B. Carrying on negotiations concerning, or ordering, buying, receiving, using,
selling, delivering, storing,
disposing of, forwarding, transporting, financing, or otherwise servicing in any
way, any transaction involving any
item exported or to be exported from the United States that is subject to the
EAR, or in any other activity subject
to the EAR;

or

C. Benefiting in any way from any transaction involving any item exported or to
be exported from the United
States that is subject to the EAR, or in any other activity subject to the EAR.

SECOND, that no person may, directly or indirectly, do any of the following:

A. Export or reexport to or on behalf of the denied person any item subject to
the EAR;

B. Take any action that facilitates the acquisition or attempted acquisition by
a denied person of the ownership,
possession, or control of any item subject to the EAR that has been or will be
exported from the United States,
including financing or other support activities related to a transaction whereby
a denied person acquires or
attempts to acquire such ownership, possession or control;

C. Take any action to acquire from or to facilitate the acquisition or attempted
acquisition from the denied person
of any item subject to the EAR that has been exported from the United States;

D. Obtain from the denied person in the United States any item subject to the
EAR with knowledge or reason to
know that the item will be, or is intended to be, exported from the United
States; or

E. Engage in any transaction to service any item subject to the EAR that has
been or will be exported from the
United States and which is owned, possessed or controlled by a denied person, or
service any item, of whatever
origin, that is owned, possessed or controlled by a denied person if such
service involves the use of any item
subject to the EAR that has been or will be exported from the United States. For
purposes of this paragraph,
servicing means installation, maintenance, repair, modification or testing.

THIRD, that, after notice and opportunity for comment as provided in section
766.23 of the EAR, any person, firm,
corporation, or business organization related to the denied person by
affiliation, ownership, control, or position of
responsibility in the conduct of trade or related services may also be made
subject to the provisions of this order.

FOURTH, that this order does not prohibit any export, reexport, or other
transaction subject to the EAR where the
only items involved that are subject to the EAR are the foreign-produced direct
product of U.S.-origin technology.

This order, which constitutes the final agency action in this matter, is
effective immediately."

The terms of "non standard" orders are published in the Federal Register at the
volume and page number listed
in the table under the column headed "Federal Register Citation".

Summaries of the export privileges denied by orders issued before April 24, 1996
are printed in the column
headed "Export Privileges Affected". The exact scope of the denial is set forth
in the applicable Federal Register
Notice(s). If you have questions about the scope of a particular denial order,
you may contact the Office of
Enforcement Support, U.S. Department of Commerce, Room 4065, 14th Street and
Constitution Ave., N.W.,
Washington, D.C. 20230, Telephone (202) 482 4255, Fax (202) 482-0971.

-JoeF