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Laws and Regulations

Export compliance entails the control of exports to protect U.S. national security and to uphold U.S. foreign policy interests.

The U.S. Department of Commerce and the U.S. Department of the Treasury administer and enforce the following export compliance laws and regulations:

  • Export Administration Regulations (EAR), 15.C.F.R. Parts 730 et seq., administered by the Department of Commerce
  • Foreign Assets Control Regulations and other related sanctions programs regulations, 31C.F.R. Parts 500 et seq., administered by the Department of the Treasury

At least one, if not both, of these regulations will apply to virtually all exports and re-exports made by BMC Software.

It is important to note that an export or re-export transaction need not necessarily involve a sale of product. Exports or re-exports can also include the shipment or electronic transmission of software or technology for beta, quality assurance, demonstration, or other purposes. The release of software source code or technology within the U.S. to a non-U.S. national or non-permanent resident alien is also an export.

Violations of these laws are subject to criminal and civil penalties, including the loss of export privileges.



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