ECCN Classification of Debian GNU/Linux

I ran across the thread related to the question of ECCN and have a few questions:

· Is the Debian OS that is freely downloadable source or object code

· Based on the information you provided, I presume the Debian OS contains some embedded encryption functionality. Is this correct? If so, does this functionality come standard as part of the free download?

Thanks for your assistance………….Ron

Ron Devincenzi

Export Compliance Manager

JPMorgan Chase Global Trade Services

Ph: 845.297.0040

Cell: 845.527.5965

email: ronald.p.devincenzi@jpmchase.com

"Diehl Markus" <Markus.Diehl@vierling.de> wrote in message 7FB9A405F330794B932CFFB6687384D901EC05A5@vg-ms-2.Vierling.corp">news:7FB9A405F330794B932CFFB6687384D901EC05A5@vg-ms-2.Vierling.corp...

Hello,

on one of our VoIP GSM gateways we use Debian/GNU Linux.

For export issues according to US law we require a so called ECCN code

for the gateway.

The ECCN code of our VoIP GSM gateway will be determined by the ECCN

codes of the used sub components (e.g. a ECCN code of the Linux system).

Is there an ECCN code for Debian/GNU Linux?

Best regards + Many thanks!

Markus

First of all, I am not a laywer. So the following is not legal advice, but only what i know.

I'm not aware of any ECCN that would cover an operating system as a whole. However, parts of Debian may be covered under ECCN 5D002. However, those parts fall under the TSU licence exception, so no licence is required for that component. I'm not sure of any other applicable ECCN. Also note that the ECCN of a GNU/Linux distribution can vary depending on what components of it are exported. (Your GSM gateway presumably does not use every component of Debian GNU/Linux).

Your safest bet would be to submit a classification request for the entire system to BIS, as described in the answer to question 3 at http://www.bis.doc.gov/Licensing/Do_I_NeedAnECCN.html

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