Re: ECCN Request for GNU Octave 3.8.2

[Oliver Heimlich]

On 27.04.2015 13:19, Boening, Gerhard wrote:
> Dear Ladies and gentlemen,
>
> for legally compliant automatic software distribution over FrontRange
> DSM7 we need the Export Control Numbers (ECCN, AL, customs tariff).
>
> Many manufacturers provide ECC-numbers if the software has U.S. origin.
> For software with German origin, there is usually a so-called "Zoll-Tarfif"
>
> or a Cast Numbers. If the software has none of the information above,
> this might be also an possible outcome of our request.
>
> Would you encourage you to send the / the following (s) software product
> (s), the Export Control Classification Number (short: ECCN) or / and CCAST.
>
> Alternatively, please send me the export list number (abbreviated AL)
> and if available a customs tariff number for the export of your
> software.Please
>
> check also whether the software is recorded in the latest EU dual-use
> goods list (428/2009 // 1382/2014).
>
> -GNU Octave 3.8.2
>
> If you have further questions, do not hesitate to contact me
> (address@hidden <mailto:address@hidden>).
>
> Thank you and have a nice week
>
> Gerhard Boening

Dear Mr. Boening,

I cannot give legal advice, but here is what I have found out after 
searching for export restrictions on free software.

GNU Octave is free software and there should be no EECN. ECCN 5D002 does 
not apply, because GNU Octave does not include cryptographic software.

See FAQ here: https://cygwin.com/licensing.html

… and this article: “Because … is open source, it is eligible for export 
under License Exception TSU in accordance with 15 CFR 740.13(e).”
http://www.linuxjournal.com/article/7318

You probably use the download version, so there is no physical media 
(like DVD/CD). Thus, no Zolltarifnummer applies.

As “publically available software” GNU Octave is an exception according 
to “ALLGEMEINE SOFTWARE-ANMERKUNG (ASA)” in 428/2009 as well as 1382/2014.

Best regards
Oliver Heimlich