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Frequently Asked Export Questions

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Exporting

FAQs

Questions regarding this page or other Microsoft Export related questions can be emailed to: eccn@microsoft.com.

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Q. Are there countries to which Microsoft products may not be shipped / or from where Microsoft cloud services may not be accessed?

A. Yes. Microsoft products are subject to U.S. government jurisdiction and may not be exported without authorization to nations commonly referred to as Country Group E. (There is one anomaly, after Russia’s invasion of Ukraine, the region of Crimea was listed, then subsequently the Donetsk People's Republic (DNR) and Luhansk People's Republic (LNR)). Microsoft may not export without authorization to:

       o    Cuba

       o    Iran

       o    North Korea

o    Region of Crimea, Donetsk, and Luhansk in Ukraine

       o    Syria

See the Export Administration Regulations (EAR) Supp. 1 to Part 740 for additional information. With regard to Region of Crimea, (EAR) 746.6.

Q. May I take Microsoft encryption software overseas temporarily on my laptop computer?

A. Yes. License exceptions TMP and BAG, described in the Export Administration Regulations, may be applicable to your situation, subject to certain conditions.

Please be aware some destinations may either restrict, or have an import formality, for encrypted devices or certain encryption software and do not recognize a "personal use exemption". Before traveling to certain countries with a Microsoft encryption controlled item consult with an export expert or visit the State Department International Travel site.

Q. What can you tell me about restrictions on encryption in countries other than the U.S.?

A. Microsoft products with encryption are marketed and distributed in every country in the world, except those restricted under U.S. law. A number of countries have laws on the books that could potentially affect the import or use of encryption, though many of these laws are interpreted so that they are not enforced against mass market software products. Some countries regulate the import or export of strong encryption software by either a system of waivers, Open General (comprehensive) or individual (specific) licenses. All exporters must observe the specific licensing processes and policies of those countries. Microsoft is unable to provide legal advice to its customers. When in doubt, customers should consult their own legal counsel.

Q. Where can I find Microsoft downloads?

A. The Download Center is your comprehensive resource for all Microsoft downloads. Windows Update and Office Update provide downloads tailored to your PC.

Q. What does the label "For Distribution in U.S./Canada Only" mean?

A. This label is part of Microsoft's software channel distribution policies. It is not specifically related to export controls on encryption software.

Q. What is the classification of Windows Operating System in EU? Singapore?

A. Windows is eligible for the General (Mass Market) Crypto Note to Category 5, Part dual use controls (International List).

Q. What are export controls? Where can I find information about U.S. export controls?

A. See Exporting Overview or go to the U.S. Department of Commerce Bureau of Industry & Security at http://www.bis.doc.gov.

Q. Our company requires a software questionnaire be completed, please fill out this questionnaire...

A. Microsoft policy is to provide product ECCN and license type, see www.microsoft.com/en-us/exporting/exporting-information UPDATE for this information.

Q. What is Microsoft's ERN?

A. Microsoft's ERN is R100177. This Encryption Registration Number means that Microsoft has provided the information about our business and products to the Bureau of Industry and Security and is authorization to export encryption items under License Exception ENC, as "mass market" items or through a self-classification without review by the BIS as detailed in the Export Administration Regulations.

Q. What is the difference between HS and Schedule B numbers for Microsoft products?

A. There is a difference between the HS classification number and the Schedule B number. The HS number is an internationally accepted code. The basic HS code contains 6-digits, known as a subheading. The Schedule B is a 10-digit code built upon the first 6 digits of the HS code.

The Harmonized System (HS) Classification is a 6-digit standardized numerical method of classifying traded products. HS numbers are used by customs authorities around the world to identify products for the application of duties and taxes. In the United States, numbers used to classify exported products are called “Schedule B” numbers. Schedule B numbers, not HS numbers, must be provided on the Shippers’ Export Declaration (SED) or AES filings.

For more information visit the Census Bureau or export.gov.

Q. How do I get Original Equipment Manufacturer (OEM) Export Classifications from Microsoft?

Please see Microsoft Exporting - Exporting UPDATE Information for all Microsoft export classifications or contact eccn@microsoft.com.

Cloud FAQs

The use of cloud services can result in exports that are controlled for export by U.S. and other governments. While customers are wholly responsible for ensuring their own compliance with all applicable laws and regulations, Azure and Office 365 cloud services offer certain features and tools that help customers satisfy their export control obligations. With appropriate planning, customers can use the tools and their own internal procedures to ensure compliance with export controls when using the Azure platform. The information provided below does not constitute legal advice, and customers should consult their legal advisors for any questions regarding regulatory compliance.

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Q. Does Microsoft provide a general overview of the interplay between cloud services and export controls?

A. Yes. You can access those publications here: Office 365 - Export Controls White Paper and Microsoft Azure - Export Controls White Paper.

Q. I'm new to export controls. Where do I start?

A. Please review Microsoft Exporting - Overview for an outline on the foundations of export controls. For more information on cloud exporting, please review the white papers that help explain cloud export controls and authorities that administer the controls:

·       Office 365 - Export Controls White Paper (p. 5)

·       Microsoft Azure - Export Controls White Paper. (p. 4)

Q. What is technical data or technology, and how is that different from CUI? What are my responsibilities for these types of information?

A. Microsoft is unable to provide legal advice to its customers. When in doubt, customers should consult their own legal counsel. For more information, please review:

·       Microsoft Azure - Export Controls White Paper

·       International Traffic In Arms Regulations (ITAR) - Azure Compliance | Microsoft Learn

The customer is responsible for compliance with CUI and DoD technical data restrictions.

Q. How do I add Microsoft as a party on my license/authorization application?

A. Microsoft will not accept liability or responsibility for being added as a party to any export license application without our express consent. Before adding Microsoft as a party to a DDTC, BIS, or any country's export license/authorization application, email eccn@microsoft.com for questions about license applications.

Q. Can Microsoft provide the address of its data center that contains my data for a license I am making for my company?

A. For the security of our customer assets, Microsoft does not provide addresses for our data centers.

Q. How do I know what type of content I have that could be subject to export control?

A. Microsoft is unable to provide legal advice to its customers. When in doubt, customers should consult their own legal counsel.

Q. When do I know that my IP becomes government property / owned IP?

A. It is the end user's responsibility to understand the IP implications of working with the government. If there are questions, consider consulting your IP attorneys or outside counsel.

Q. When does the data become controlled unclassified information (CUI)?

A. In general, the government is empowered to determine what qualifies as CUI.

Q. How do I do an ITAR versus Dual-Use Commercial Viability analysis?

A. This is a legal and regulatory determination that is the cloud user's responsibility to perform. The U.S. Commerce Department does maintain a "specially designed" decision tool that may assist in the analysis. If there are questions, consider consulting your attorneys or outside counsel.

Q. I’m a Defense Industrial Base multinational based outside the US, and I have ITAR data from my US-based affiliate/subsidiary. How do I manage this restricted data in the Microsoft Cloud?

A. For information on the Microsoft Government Cloud, see Microsoft 365 Government how to buy - Service Descriptions | Microsoft Learn

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