U.S. rule clarifying Export Administration Regulations (EAR) provisions relating to release of “software”

Technical correction serves to clarify provisions of the EAR that pertain to the release of “software”

Technical correction serves to clarify provisions that pertain to the release of software

The Bureau of Industry and Security (BIS) of the U.S. Department of Commerce today issued a final rule amending the Export Administration Regulations (EAR) to make a technical correction that also serves to clarify provisions of the EAR that pertain to the release of “software” as set out in the sections on release and transfer of access information.

The final rule [PDF 244 KB]:

  • Clarifies an ambiguity in the EAR by adding a cross-reference addressing transfer of access information in the section on releases of “technology” and “software” (as was originally intended)
  • Adds a clarifying note that, for purposes of transfer of access information, a release of “software” includes both source code and object code


For more information, contact a professional with KPMG’s Trade & Customs services:

Doug Zuvich
Partner and Global Practice Leader
E: dzuvich@kpmg.com

John L. McLoughlin
Principal and East Coast Leader
E: jlmcloughlin@kpmg.com

Andy Siciliano
Partner and National Practice Leader
E: asiciliano@kpmg.com

Steve Brotherton
Principal and Global Export and Sanctions Leader
E: sbrotherton@kpmg.com

Luis (Lou) Abad
Principal, Washington National Tax
E: labad@kpmg.com

Irina Vaysfeld
Principal
E: ivaysfeld@kpmg.com

Amie Ahanchian
Principal
E: aahanchian@kpmg.com

Christopher Young
Principal
E: christopheryoung@kpmg.com

Gisele Belotto
Principal
E: gbelotto@kpmg.com

George Zaharatos
Principal
E: gzaharatos@kpmg.com

Andy Doornaert
Managing Director
E: adoornaert@kpmg.com

Jessica Libby
Principal
E: jlibby@kpmg.com
John Anderson
Managing Director
E: johneanderson@kpmg.com
Jenna Leigh Glass
Managing Director
E: jennaleighglass@kpmg.com

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