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fyi... This is what the IETF is doing in regard to the Huawei EAR restrictions.

  • Subject: fyi... This is what the IETF is doing in regard to the Huawei EAR restrictions.
  • From: "Theodoros G. Karounos" <karounos [ at ] eellak [ dot ] gr>
  • Date: Mon, 3 Jun 2019 21:17:05 +0300
Begin forwarded message:

*From: *IETF Administration LLC Board of Directors Chair <
llc-board-chair [ at ] ietf [ dot ] org>
*Subject: **Compliance with Recent U.S. Export Regulations*
*Date: *May 30, 2019 at 9:29:37 AM PDT
*To: *"IETF Announcement List" <ietf-announce [ at ] ietf [ dot ] org>
*Reply-To: *ietf [ at ] ietf [ dot ] org

The IETF LLC is based in the United States and as such must comply with
U.S. law, as well as the laws of other countries as applicable. The U.S.
Department of Commerce’s Bureau of Industry and Security (BIS) recently
announced a rule that placed Huawei and certain Huawei affiliates on the
“Entity List” -- a list of companies that are subject to special licensing
requirements under the U.S. Export Administration Regulations (EAR).[1]
Subsequently, on May 20, 2019, the BIS issued a “Temporary General
License,” adjusting some of these requirements for a period of 90 days.[2]
The rules issued on May 20th specifically cite 5G-related standardization
work in the IETF as an area subject to the new temporary license.[3]

The EAR generally do not apply to information that is published or that is
submitted in connection with a process that is intended to result in open
publications or presentations.[4] Given the public nature of IETF, IRTF,
and IAB activities and the fact that our output is freely published online,
the EAR are thus largely inapplicable to our materials and activities. So,
the addition of Huawei and Huawei affiliates to the Entity List -- an
action which affects only materials that would otherwise be governed by the
EAR -- has little impact on the IETF.

After consultation with legal counsel, we have concluded that, given
current circumstances, we see no need to change our existing practices. We
will continue to monitor the situation carefully, and will work with
counsel and the IETF leadership teams to address any “corner cases” that
may emerge and raise unique concerns. For IETF contributors that believe
they may be affected, we recommend you consult your own legal counsel.

Regards,
Jason Livingood
Chair, IETF LLC Board
LLC-Board-Chair [ at ] ietf [ dot ] org

[1]
https://www.federalregister.gov/documents/2019/05/21/2019-10616/addition-of-entities-to-the-entity-list

[2]
https://www.commerce.gov/news/press-releases/2019/05/department-commerce-issues-limited-exemptions-huawei-products

[3]
https://www.bis.doc.gov/index.php/documents/regulations-docs/2396-temporary-general-license-rule/file

[4] See 15 CFR § 734.7(a)(4) and (a)(5) at
https://www.law.cornell.edu/cfr/text/15/734.7

++++++++++ How to Contact the IETF LLC ++++++++++
Executive Director: Exec-Director [ at ] ietf [ dot ] org
Sponsorship: sponsorship [ at ] ietf [ dot ] org
Board: LLC-Board [ at ] ietf [ dot ] org

++++++++++ General IETF LLC Board Background ++++++++++
About the IETF LLC: https://www.ietf.org/about/administration/
 
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