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Re: [Opticks-users] ECCN classification
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From: Clarke, T. <tc...@ba...> - 2014-07-31 13:39:08
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I checked with or lawyers and empowered official and neither State nor Commerce were directly involved in the initial open sourcing of opticks. Government approval was through DoD Office of Security Review. Our legal folks along with DoD determined that is was not necessary to explicitly involve Dept. of State. Any further ECCN related discussion or decisions were not communicated to the development team so I don’t have additional information I can offer at this point. ---------------------- Trevor R.H. Clarke Software Engineer, Ball Aerospace (937)320-7087 From: ri...@me... [mailto:ri...@me...] Sent: Wednesday, July 30, 2014 2:45 PM To: opt...@li...; opt...@li... Subject: Re: [Opticks-users] ECCN classification Quite helpful. Slight correction, that while a export license is not required (it is not ITAR), there is still an ECCN. The ECCN would reflect the low classification you mention. Did your official determine if the ECCN is EAR99? LlM L Thanks, Dan 908-342-3613 (cell) From: Clarke, Trevor Sent: Wednesday, July 30, 2014 1:37 PM To: opt...@li...<mailto:opt...@li...> Reply To: opt...@li...<mailto:opt...@li...> Subject: Re: [Opticks-users] ECCN classification Agreed…our policy on this is that for most of the opticks work, we discuss the details with our company’s ITAR empowered official who makes a determination if it’s applicable or not. Typically, citation of algorithms or similar work in books, academic papers, and other released software are used to determine if it’s a safe release. Our initial release got explicit approval from our direct customers but our ITAR folks had decided explicit state department via an ECCN was not needed since the work wasn’t actually a covered item. It’s sometimes tricky because Opticks doesn’t fall under the explicit ITAR categories but the “catch all” one that says any other work performed under contract with the government may be ITAR restricted. In that case, it’s obviously up to each company as to how risk averse they are but with Opticks, the functionality has been pretty clearly available in a number of existing papers, tools, etc. Hope this helps. ---------------------- Trevor R.H. Clarke Software Engineer, Ball Aerospace (937)320-7087 From: ame...@ho...<mailto:ame...@ho...> [mailto:ame...@ho...] Sent: Wednesday, July 30, 2014 12:43 PM To: opt...@li...<mailto:opt...@li...> Subject: Re: [Opticks-users] ECCN classification Dan, Per this link I believe no ECCN is required, however IANAL so please advise if you believe this is inaccurate: http://opticks.org/irclogs/%23opticks/%23opticks.2012-11-27-Tue.txt<https://urldefense.proofpoint.com/v1/url?u=http://opticks.org/irclogs/%2523opticks/%2523opticks.2012-11-27-Tue.txt&k=1GMYaKjmAz8SrwAdnQ9klA%3D%3D%0A&r=Ho639Wn0LQPE3P8SnMqwUA%3D%3D%0A&m=jwghXfm7EHuCQfgt3NpiYK3%2BL8uMZHPBQgRglFmwVfc%3D%0A&s=5820dc2cd592b1d7bd2f2bbf8840fa11d2c806992074d6692d4029315919d97a> Thanks, Dustan ----- Reply message ----- From: "Daniel Ritz" <ri...@me...<mailto:ri...@me...>> To: <opt...@li...<mailto:opt...@li...>> Subject: [Opticks-users] ECCN classification Date: Wed, Jul 30, 2014 11:28 am Hi, Trevor, I was given the link to http://www.slideshare.net/retrev/opticks-releasing-a-government-tool-to-the-open-source-community<https://urldefense.proofpoint.com/v1/url?u=http://www.slideshare.net/retrev/opticks-releasing-a-government-tool-to-the-open-source-community&k=1GMYaKjmAz8SrwAdnQ9klA%3D%3D%0A&r=Ho639Wn0LQPE3P8SnMqwUA%3D%3D%0A&m=jwghXfm7EHuCQfgt3NpiYK3%2BL8uMZHPBQgRglFmwVfc%3D%0A&s=8912d624a23001d1c6e501682f2865c64de8e75e8edc3f88f1b48718ffa5f2e8> In the slide deck you mentioned that the product may be classified as a defense article. Other comments you have, say it was decided it was non-ITAR. Do you have the ECCN# determined? Thank you, Dan This message and any enclosures are intended only for the addressee. Please notify the sender by email if you are not the intended recipient. If you are not the intended recipient, you may not use, copy, disclose, or distribute this message or its contents or enclosures to any other person and any such actions may be unlawful. Ball reserves the right to monitor and review all messages and enclosures sent to or from this email address. This message and any enclosures are intended only for the addressee. Please notify the sender by email if you are not the intended recipient. If you are not the intended recipient, you may not use, copy, disclose, or distribute this message or its contents or enclosures to any other person and any such actions may be unlawful. Ball reserves the right to monitor and review all messages and enclosures sent to or from this email address. |