The Open Group OSDU Forum Data Platform is exempt from Bureau of Industry and Security export licensing. The exemption from export licensing is based on the following disclosures:
1. The OSDU Data Platform and associated Open Standards and Guides were developed by an international volunteer consensus-based Standards body, The Open Group, in accordance with the National Cooperative Research and Production Act (NCRPA) 15 U.S.C §§ 4301-06 and the Office of Management and Budget (OMB) Circular A-119 Revised regulations. Furthermore, the OSDU Data Platform Microservices (software), Standards, and Guides Documentation are:
- Made publicly available without restriction
- Provided free of charge
- Do not contain proprietary licenses or proprietary intellectual property
- Contain publicly available encryption
- Are presented at open conferences and gatherings
2. The OSDU Data Platform consists of a collection of published open-source software coded microservices and associated open, nonproprietary standards and guide documents that are made available on a publicly accessible Repository.
3. The microservices (software) collectively provides an Information Technology (IT) framework for governance, ingestion, discovery, enrichment, security, and operational functionality for The Open Group OSDU Data Platform.
4. The Open Group OSDU Data Platform interfaces, via published open Application Programmer Interfaces (APIs), with the following third-party provided components which are not part of The Open Group OSDU Data Platform and are not accessible via The Open Group Repository:
- Subsurface source data provided by third party entities
- Cloud Service Provider infrastructure software
- Proprietary applications designed to run on top of the OSDU Data Platform
5. The Open Group claims that the OSDU Data Platform Microservices (software) that do not contain encryption as defined in § 734.17 PUBLISHED are exempt from export licensing subject to:
- § 734.3(b)(3)(i) Exemption from export licensing based on information and software that are published as described in:
- § 734.7(a)(1) Subscriptions available without restriction to any individual who desires to obtain or purchase the published information,
- § 734.7(a)(4) Public dissemination (i.e., unlimited distribution) in any form (e.g., not necessarily in published form), including posting on the Internet on sites available to the public; and,
- § 734.7(a)(5)(iii) Submission of a written composition, manuscript, presentation, computer-readable dataset, formula, imagery, algorithms, or some other representation of knowledge with the intention that such information will be made publicly available if accepted for publication or presentation to organizers of open conferences or other open gatherings.
- § 734.3(b)(3)(v) Are nonproprietary system descriptions
6. The Open Group claims that the OSDU Data Platform Microservices (software) that contain encryption, as defined in § 734.17 EXPORT OF ENCRYPTION SOURCE CODE AND OBJECT CODE SOFTWARE, are exempt from export licensing subject to:
- § 734.7(b) Published encryption software classified under ECCN 5D002 remains subject to export compliance unless it is publicly available encryption object code software classified under ECCN 5D002 and the corresponding source code meets the criteria specified in:
- § 742.15(b)(1) Publicly available encryption source code classified under ECCN 5D002 is not subject to the EAR. Such source code is publicly available even if it is subject to an express agreement for the payment of a licensing fee or royalty for commercial production or sale of any product developed using the source code.
- § 742.15(b)(2) Notification requirement. The Open Group will notify BIS and the ENC Encryption Request Coordinator via e-mail at crypt@bis.doc.gov and to enc@nsa.gov. of the Internet location (e.g., URL or Internet address) of the publicly available encryption source code classified under ECCN 5D002.
7. It is solely your responsibility to consult with your export compliance legal counsel prior to re-exporting this software and documentation.
Dennis Stevens
The Open Group OSDU Program Director
