OIF Statement Regarding Engagement with Companies on BIS Entity List
OIF believes that the technology, software, and related technical materials, communications and information disclosed pursuant to open OIF activities (Technical Information) is “published” for purposes of the U.S. Export Administration Regulations (EAR) and, therefore, is not subject to the EAR and does not require an authorization from the U.S. Department of Commerce, Bureau of Industry and Security (BIS) if released to entities on the BIS Entity List.
Pursuant to EAR Section 734.7(a), unclassified “technology” and “software” is “published” when it has been made available to the public without restrictions upon its further dissemination, such as, among other things, through unlimited distribution at a meeting generally accessible to the public, or through public dissemination (i.e. unlimited distribution) in any form.
Technical Information is released during the course of OIF technical meetings and discussions, development and release of final OIF specifications and other work product, and technical contributions to OIF (uploading to the OIF contribution site)
All members of OIF (Members), and anyone else interested in optical internetworking specification development work who registers with OIF (Observers), can attend open OIF technical meetings and discussions and have access to corresponding Technical Information through the OIF contribution site. Any legal entity interested in optical internetworking standardization can be an OIF Member, anyone who is “technically qualified” can be an Observer, and OIF does not impose restrictions on further dissemination of published Technical Information.
Certain OIF activities (such as confidential Interoperability Demonstrations sessions) may not be open to companies on the BIS Entity List or Observers.
Certain controlled encryption “technology” or “software” is subject to U.S. export controls, even if it is publicly available.
Each person or entity participating in OIF activities, whether through contributions, meetings, exchanges, discussions, or otherwise, remains responsible for ensuring that its technical contributions and disclosures (if any) do not include technology, software or other information that is subject to any U.S. or non-U.S. export control regulations.
Members and Observers with questions regarding the impact of laws and regulations on their participation in OIF should direct those questions to their respective legal counsel.