We get lots of questions from software firms concerning export of their software to a foreign country and compliance with the Export Administration Regulations (EAR) administered by the United States Bureau of Industry and Security (BIS).

EAR Compliance Services – The firm does offer software EAR compliance services, and you can learn more about that part of the firm’s practice here.

Compliance for Software Export in General – If you plan to export your software to another country, you need to determine the ECCN for your software offering from the CCL within EAR. Your ECCN, together with the identity of your customer, the customer’s intended use for your software, and your customer’s domicile country will determine whether you need a license from the BIS, or an applicable exception, in order to export your software.

Special EAR Rules for Certain Software – If your software includes encryption, or it natively supports connectivity with a mobile device, you may have additional steps to take before exporting your software.

Penalties – The Export Administration Regulations are largely self-administered, which means the onus is on you — as a software developer or licensor — to determine and discharge your compliance obligations. Substantial penalties apply to violations of EAR.