Export Compliance

Exports and re-exports of Dart Communications products are subject to U.S. export controls and sanctions administered by the Commerce Department’s Bureau of Industry and Security (“BIS”) under the U.S. Export Administration Regulations (EAR). This web page provides export control information on Dart Communications software products. Dart Communications products that provide encryption features are subject to the EAR and other U.S. law. These features have been approved for export from the U.S., subject to certain requirements and limitations. You may find the information on this page useful for determining exportability to particular places or parties and for completing export or shipping documentation, record-keeping, or post-shipment reporting. The information provided on this page is subject to change without notice.

Although we provide the information below to assist you, you remain responsible for exporting or re-exporting Dart Communications software in accordance with U.S. law. We encourage you to seek appropriate legal advice and/or to consult the EAR and the BIS Information Technology Controls Division, before exporting, re-exporting or distributing Dart Communications software.

BIS Information

The following information on definitions is based on the EAR. For more information on the EAR, please visit the BIS website or contact its offices directly at one of the numbers provided below:

BIS Home Page: http://www.bis.doc.gov
BIS Office of Exporter Services (Washington, D.C.):
+1 202 482 4811
BIS Western Regional Office: +1 949 660 0144

Embargoed Destinations

Dart Communications products may not be exported or re-exported, either directly or indirectly, to any country embargoed by the U.S., to any person or entity designated as prohibited or restricted by an agency of the U.S. government or is considered by the U.S. as a supporter of international terrorism without proper authorization from the U.S. government. Please refer to the BIS website for further information.

Enhanced Proliferation Control Initiative

Dart Communications products may not be used directly or indirectly in the design, development, fabrication, or use of nuclear, chemical, or biological weapons or missile technology without U.S. government authorization.

Definitions

ECCN: Export Control Classification Number assigned to a product by the BIS. An ECCN is an alpha-numeric classification used in the EAR under the Commodity Control List (CCL) to identify items for export control purposes.

License Exception: An authorization described in part 740 of the EAR that allows you to export or re-export, under stated conditions, products subject to the EAR that otherwise would require a license (unless otherwise indicated, these License Exceptions are not applicable to exports under the licensing jurisdiction of agencies other than the Commerce Department).

Mass Market/NLR: Mass Market products are eligible for export with NLR (No License Required) to any end user (including government end users) in all countries except the embargoed countries that are designated by the U.S. as supporters of international terrorism: Cuba, Iran, North Korea, Sudan, and Syria. Mass Market products are eligible for de minimus treatment.

ENC/Unrestricted: ENC/Unrestricted products are eligible for export to any end user (including government end users) in all countries except the five (5) embargoed countries: Cuba, Iran, North Korea, Sudan, and Syria.

CCATS: Commodity Classification Automated Tracking System. This is the code number assigned by the BIS to products that it has classified against the CCL.

Foreign Nationals: A person who was born outside the jurisdiction of the United States, who is subject to a foreign government, and who has not been naturalized under U.S. law. This includes foreign national contractors and vendors. For the purposes of the US Export Administration Regulations ("EAR") a "foreign national" subject to the US "Deemed Export"* rule is an individual who is not a citizen of the United States, not a legal permanent resident (meaning not a "permanent resident alien" or "Green Card" holder.)

A U.S. export license may be needed BEFORE disclosing certain kinds of software or technology to a foreign national IF:

1. The software or technology is export-controlled and
2. The individual is a citizen of one or more of any country embargoed by the U.S. Please see the BIS website for further information.

*Deemed Export: Any release of technology or source code subject to the EAR to a foreign national within the United States. Such a release is deemed to be an export to the home country or countries of the foreign national. This deemed export rule does not apply to persons lawfully admitted for permanent residence in the United States or to persons who are protected individuals under the Immigration and Naturalization Act - 8 U.S.C. 1324b(a)(3).

Definition of "release" of technology or software. Technology or software is “released” for export through:

i. Visual inspection by foreign nationals of U.S.-origin equipment and facilities;
ii. Oral exchanges of information in the United States or abroad; or
iii. The application to situations abroad of personal knowledge or technical experience acquired in the United States

If a U.S. export license is required or if you need additional information, please contact Dart Communications Business Office for further information.

PRODUCT CLASSIFICATION MATRIX

The following matrix provides information on Dart Communications’s products as related to the EAR and the Commerce Control List (CCL). This information is suitable for use by Dart Communications’s customers in conjunction with appropriate independent legal advice. Dart Communications makes no representation or warranty as to the accuracy or reliability of the classifications listed in the Product Matrix. Any use of such classifications by the user, is without recourse to Dart Communications and is at the users' own risk.

Product	ECCN & Paragraph	General License	Reason for Control	CCATS#	Date of Classification
PowerTCP FTP for .NET	5d002, C.1	ENC / Unrestricted	NS1 AT1	G058743	12/21/2007
PowerTCP Mail for .NET	5d002, C.1	ENC / Unrestricted	NS1 AT1	G058743	12/21/2007
PowerTCP SSL Sockets for .NET	5d002, C.1	ENC / Unrestricted	NS1 AT1	G058743	12/21/2007
PowerTCP Zip for .NET	5d002, C.1	ENC / Unrestricted	NS1 AT1	G058743	12/21/2007
PowerSNMP for .NET	5d002, C.1	ENC / Unrestricted	NS1 AT1	G058743	12/21/2007
PowerTCP FTP for ActiveX	5d002, C.1	ENC / Unrestricted	NS1 AT1	G058743	12/21/2007
PowerTCP Mail for ActiveX	5d002, C.1	ENC / Unrestricted	NS1 AT1	G058743	12/21/2007
PowerTCP SSL for ActiveX	5d002, C.1	ENC / Unrestricted	NS1 AT1	G058743	12/21/2007
PowerTCP Web Enterprise for ActiveX	5d002, C.1	ENC / Unrestricted	NS1 AT1	G058743	12/21/2007
PowerTCP Web Server for ActiveX	5d002, C.1	ENC / Unrestricted	NS1 AT1	G058743	12/21/2007
PowerTCP Zip for ActiveX	5d002, C.1	ENC / Unrestricted	NS1 AT1	G058743	12/21/2007

**Products not listed within the above matrix fall under the following classification: EAR99 / NLR

IMPORTANT NOTICE & DISCLAIMER: Dart Communications is providing this information as a general guideline to our customers and partners and make no warranties or representations as to its accuracy. The BIS requires that each entity exporting products be familiar with and comply with their affirmative obligations set forth in the EAR. Please note that the EAR is subject to change. We recommend that you obtain your own legal advice when attempting to export. In addition, some of our products contain encryption and some countries may restrict certain levels of encryption imported into their country. We recommend consulting legal counsel in the appropriate country or the applicable governmental agency in the particular country to which they are exporting. Dart Communications expressly disclaims any liability whatsoever, including but not limited to direct, indirect, incidental, special or consequential damages in connection with or arising from the furnishing of the information provided herein.

Questions regarding this website can be sent to export@dart.com