Products - Export Statements

Terms used in this Product Matrix:

ECCN

Export Control Classification Number. This is the number designation assigned by the United States Department of Commerce, Bureau of Industry and Security in the Commerce Control List (CCL). This designation indicates the level of control for a particular product or technology. Business Objects’ products typically fall under one of three ECCNs:

• 5D002 - Information Security – Software (Data confidentiality encryption greater than 56-bits in key space)
• 5D992 - Information Security – Software (“Mass Market” software, data confidentiality encryption less than or equal to 56-bits in key space, software with limited cryptographic functionality)
• EAR99 - A category encompassing U.S. origin items not elsewhere specified on the Commerce Control List (software without any cryptographic functionality)

For an introduction into Commerce Department Export Controls, see the Bureau of Industry and Security (BIS) site for more information

CCATS

Commodity Classification Automated Tracking System. This is the code number assigned by BIS to products that it has classified against the CCL. Business Objects provides the CCATS Number for all of its products classified 5D002. We provide the CCATS to assist the user in the post-shipment reporting requirement.

CCL

The Bureau of Industry and Security (BIS) of the U.S. Department of Commerce maintains the Commerce Control List within the Export Administration Regulations (EAR), which includes items (i.e., commodities, software and technology) subject to the export licensing authority of BIS.  The CCL is contained in Supplement No. 1 to Part 774 of the EAR.  Supplement No. 2 to Part 774 contains the General Technology and Software Notes relevant to entries contained in the CCL. 
Read this document for more information

Denied Parties

Compliance not only involves controlled goods and technologies, it also involves instructions on shipping to certain countries, companies, organizations and/or individuals. A number of U.S. Government agencies publish lists of parties where export privileges have been revoked or denied, their presence would be considered a “red flag” or whose presence would trigger a license requirement. Shipment is prohibited to entities listed on any United States Denied Party/Person list. See the BIS site for the Lists to Check.

Embargoed Countries

Due to U.S. embargoes, shipment to the following countries is prohibited: IRAN, SUDAN, CUBA, NORTH KOREA, SYRIA.

Government End User

A Government End User is defined as any "foreign central, regional or local government department, agency, or other entity performing governmental functions; including governmental research institutions, governmental corporations or their separate business units which are engaged in the manufacture or distribution of items or services controlled on the Wassenaar Munitions List, and international governmental organizations". Not included in this definition are utilities (including telecommunications companies and Internet service providers); banks and financial institutions; transportation; broadcast or entertainment; educational organizations; civil health and medical organizations; retail or wholesale firms and manufacturing or industrial entities not engaged in the manufacture or distribution of items or services controlled on the Wassenaar Munistions List.

License

The export authority granted for a given ECCN.  In many cases, the product will be eligible for export pursuant to authority granted under a License Exception.  In some cases, the most appropriate export authority is symbol NLR (No License Required).  In other cases, neither a license exception nor NLR authority are available and a validated license is required.  The license authority typical of Business Objects’ products is:

• ENC Unrestricted – License Exception ENC (Unrestricted):  The U.S. government regulations for License Exception ENC differentiate between unrestricted and restricted eligibility for use of the license exception. An “Unrestricted” in this column indicates that the software may be exported to government and non-government end-users in all destinations except for embargoed countries without a validated license.
• ENC Restricted – License Exception ENC (Restricted):  Indicates that the software may be exported without a license to ANY end users in the following countries:  Austria, Australia, Belgium, Canada, Cyprus, Czech Republic, Estonia, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Japan, Latvia, Lithuania, Luxembourg, Malta, Netherlands, New Zealand, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, Switzerland, United Kingdom. For all other countries, excluding the embargoed countries, these products may be exported without a license to NON-GOVERNMENT end-users only.
• NLR – No License Required: Indicates that no license/license exception is required in connection with the export of these products.
• Mass Market: The U.S. Government regulations permit mass market (as defined under US 15CFR774 Supplement No. 1 Cryptography Note (Note 3) to Part II of Category 5 of the Commerce Control List) encryption products containing strong encryption to be exported under 5D992, NLR (See notation above) after a 30-day review. A “Mass Market” in this column indicates that the software has been reviewed by the U.S. Government and has been approved as mass market software.

Wassenaar Arrangement

The Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies is one of four multilateral export control regimes in which the United States participates. The Arrangement's purpose is to prevent the accumulation of dual-use goods and technologies (i.e. those having civil and military uses) so that they do not contribute to the development or enhancement of military capabilities that undermine the goals of the Arrangement and are not diverted to support such capabilities. Products that use encryption are considered to be dual-use goods.