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Is it legal to ship a software developed in LabView outside of the USA? specifically the United Kingdom.

I been ask to ship a compl\ile version of a VI that I been using in my lab to a Company Division located on the United Kingdom, with the new legal rules regarding software distribution I am not sure if I can send a copy without additional paperwork. 
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Message 1 of 12
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There is no problem in shipping the code as long as the software does not come under the restrictions under U.S. law, where some software / hardware may contain certain encryption technologys. These restrictions are provided and enforced by the Bureau of Industry and Security, which defines specific export restrictions on goods, software, and technologies.

This normaly covers things like routers, M.S Windows was on the list at one point and a few other software product from Adobe for example.

Now if only I hadn't eaten that 'one time pad' I used for my last secret message!!Smiley Wink

See here if your interested: -
http://en.wikipedia.org/wiki/One-time_pad
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Message 2 of 12
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@Conseils wrote:
There is no problem in shipping the code as long as the software does not come under the restrictions under U.S. law, where some software / hardware may contain certain encryption technologys. These restrictions are provided and enforced by the Bureau of Industry and Security, which defines specific export restrictions on goods, software, and technologies.

This normaly covers things like routers, M.S Windows was on the list at one point and a few other software product from Adobe for example.

Now if only I hadn't eaten that 'one time pad' I used for my last secret message!!Smiley Wink

See here if your interested: -
http://en.wikipedia.org/wiki/One-time_pad


The funny thing is that living in Europe you have quite less restrictions. You can basically ship whatever you want except certain technologies to some specific countries. I'm always amazed about the country of freedom and its willingness to restrict on that freedom for quite some questionable reasons.

I think Benjamin Franklin is quoted to have said:
"people willing to trade their freedom for security deserve neither and will lose both"

Rolf Kalbermatter
Rolf Kalbermatter  My Blog
DEMO, Electronic and Mechanical Support department, room 36.LB00.390
Message 3 of 12
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Thanks for your response. I agree with you, the trade compliance rules enforced today (my humble opinion) are out of control. The way the control is excercise is by planting fear on everybody with huge fines.
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Message 4 of 12
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"

I'm always amazed about the country of freedom and its willingness to restrict on that freedom for quite some questionable reasons.

I think Benjamin Franklin is quoted to have said: "people willing to trade their freedom for security deserve neither and will lose both"

"

Not all of sit back and let that happen. My wife is what has been called a "militant rebel Librarian" is doing her part. One of the restriction undr that silly set of laws is libraries are required to turn over all of their records about who checked out which books and there is absolutely no one that htey can appeal to or even contactling a lawyer in itself is resricted. Well she decided when designing the DB that only "who has the book now" will be stored. Once the book is returned the record is updated to show which library now has the book. These means that that THERE ARE NO RECORDS to turn over. I'm proud of her!

As far as the "country of freedom " goes, let me quote Revelations "Come out of her my children."

Ben

Proud husband of a "Militant rebel Librarian who knows how to use an AK-47".

Retired Senior Automation Systems Architect with Data Science Automation LabVIEW Champion Knight of NI and Prepper LinkedIn Profile YouTube Channel
Message 5 of 12
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First congratulations on 1000 posts Rolf, well done.

It's clear that many think highly of Benjamin Franklin and the sentiments there in - re ... at least two sets of 5 stars.

Well not to be out done, and in the same vien as my original post: -

"Energy and persistence conquer all things."
who ..... well of course Benjamin Franklin
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Message 6 of 12
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"I am not a lawyer, but..."

I hate it when people say that.  Looking for legal advice on the internet is a recipe for disaster.  That said, I am offering my own opinion:  If I inderstand you correctly, you want to send code from one company division to another division of the same company in another country.  There are no restrictions on the use of software in this country.  There are no restrictions of the use of software in the target country.  The program in question is not beind sold in either country.  You are probibly okay.

If your company is big enough to have divisions on separate continents, it likely employs at least one lawyer who specializes in just this sort of thing.  I recomend that you at least make an effort to contact them and make sure everything is kosher.
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Message 7 of 12
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Company I worked for last had over 10,000 people working over 3 continents.

Guess who the expert was? Smiley Wink The only thing the lawyers knew was how not to get busted for filling in the tax forms incorrectly.

And just to demonstrate how wrong it can go, a company recently got busted in Japan for shipping the equivalent of an accurate micrometer to North Korea. They have offices on every continent and 10's of thousands of employees.

A week earlier they were unfortunate enought to have an agent supply equipment to Libya
"The International Atomic Energy Agency (IAEA) found a precision instrument at a nuclear facility in Libya"

By the way, just because they recipient is not paying for it has absolutely no bearing on the matter.
"The program in question is not beind sold in either country.  You are probibly okay."

And finally there are / were restrictions on exporting to the UK, hence my quote about Microsoft, it's only recently Brits were allowed to upgrade from 40 bit security in Windows. The American security services never really got over Philby, Burges and Maclean.....despite their own skeletons.

http://www.microsoft.com/exporting/
======================================================================
3.0 U.S. Export Regulations for Strong Encryption Products
======================================================================

WHO SHOULD CONSULT THIS SECTION: System administrators and others who
anticipate deployment of strong encryption products outside the United
States or Canada, or within a corporate environment that extends
beyond United States or Canadian borders.

The product contains strong encryption features and is classified for
export from the United States under ECCN 5D002(c)(1). Export of strong
encryption products from the United States is regulated under "EI
controls" of the Export Administration Regulations (EAR, 15 CFR
730-744) of the U.S. Department of Commerce, Bureau of Export
Administration (BXA).

Note: As of October 1999, the U.S. export regulations for strong
encryption are in the process of being amended. New regulations are
expected to permit the export of most strong encryption products to
end users in all but the U.S.(embargoed countries. Up-to-date
information about the exportability of Microsoft products is available
from the Exporting Microsoft Products Web site at:
http://www.microsoft.com/exporting/

For additional information about the new U.S. export regulations and
U.S. export laws in general, visit the following Web sites:

* The U.S. Department of Commerce Commercial Encryption Export
Controls Web site at:
http://www.bxa.doc.gov/encryption/default.htm

* The U.S. Department of Commerce Bureau of Export Administration
(BXA) Web site at: http://www.bxa.doc.gov/
* The U.S. Export Administration Regulations Online (15 CFR
730-744) Web site at: http://www.access.gpo.gov/bxa/

Note:Web addresses can change, so you may be unable to

connect to the Web sites mentioned here.

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Message 8 of 12
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I realize I'm about three years late but the best way to get an ECCN, HTS code, country of origin or anything else related to exporting product from the United States is to send an e-mail to trade.compliance@ni.com or call 1 (512) 683-6010.
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Message 9 of 12
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This issue could be the explanation for why, what I thought was a simple request, for a small insignificant LV subvi took so long to arrive. It was sent from our parent company in the US, we couldn’t believe how much paperwork was needed. The sad thing is that thousands of well-meaning people are wasting hours of their time, but anyone with less than honourable intensions will not be hindered in the slightest.

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Message 10 of 12
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