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Linux Foundation Statement on Huawei Entity List Ruling

Filed under
Linux
Security

Thank you for your inquiry regarding concerns with a member subject to an Entity List Ruling.[1] While statements in the Executive Order prompting the listing used language granting a broader scope of authority, the Huawei Entity List ruling was specifically scoped to activities and transactions subject to the Export Administration Regulation (EAR).
Open source encryption software source code was reclassified by the US Department of Commerce, Bureau of Industry and Security (BIS) effective September 20, 2016 as “publicly available” and no longer “subject to the EAR.”[2] Each open source project is still required to send a notice of the URL to BIS and NSA to satisfy the “publicly available” notice requirement in the EAR at 15 CFR § 742.15( b ).

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