Exporting

Overview

Microsoft technologies, products, and services are subject to US Export rules known as Export Administration Regulations (EAR) and enforced by U.S. Department of Commerce Bureau of Industry and Security (BIS).

Additionally, both the Department of Treasury and the Department of State regulate and control other types of export-related technology and product transfers and transactions. The Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury administers and enforces economic sanctions against certain countries and regimes, terrorists, and other threats to U.S. national security, foreign policy or economic interests.

It is Microsoft policy to comply with EAR, OFAC rules, and the international Wassenaar Arrangement and to proceed with the proper classification of its products and services (which results in the determination of an ECCN – Export Control Classification Number) so that Microsoft products can be easily and readily exported to non-embargoed destinations while maintaining a high level of compliance.

Microsoft software products either are not subject to the EAR thus not on the Commerce Control List and have no ECCN, or they are EAR99, or are 5D992 Mass Market eligible for self-classification by Microsoft and may be exported to non-embargoed countries without a license as No License Required (NLR).

A few of the products have an ECCN assigned that may or may not require a license, and one should consult the EAR or legal counsel to determine the appropriate license type and eligible countries for export purposes.

Without limitation, parties acquiring software from Microsoft are responsible for obtaining all licenses or other approvals necessary for downloading or transfer of the software or use of the service. A party may not transfer the software or services without U.S. Government permission to (a) anyone on the U.S. Treasury Department’s lists of Specially Designated Nationals (including the Government of Iran, Government of Sudan, Government of Cuba, prohibited members of the Cuban Communist Party), or on the U.S. Commerce Department’s Denied Persons List, Entity List, or Unverified List, or on the U.S. State Department’s Debarred List or Nonproliferation List (see Commerce Lists to Check); or (b) for use with chemical or biological weapons, sensitive nuclear end-uses, or missiles to deliver them.