Good afternoon!
We are planning to use Debian Source Code build 11.3 (the “Software”) in Russia and have several questions related to Unrestricted Encryption Source Code Notification Commodity (https://www.debian.org/legal/notificationforarchive, “Notification”) and export restrictions of the US Export Control Act ("EAR").
In your Notification you mention that Debian is free access code (accordingly we suppose that it can be EAR99 or Not subject to EAR). At the same time you refer to the exception TSU specified in Part 740.13 EAR (however, paragraph e(1) is missing in the text we saw https://www.ecfr.gov/current/title-15/subtitle-B/chapter-VII/subchapter-C/part-740/section-740.13). You also refer to the cryptography functionality thank can trigger exception ENC as well
Accordingly we would like to know whether:
(1) the Software can be freely distributed, including in Russia, due to being EAR99 or Not subject to EAR
(2) the Software is subject to other ECCN (please specify, which one) and can be distributed only subject to exceptions (TSU, ENC or other - please specify)
Thank you