Export Compliance/International Trade Services
Corporate Commitment to Export Compliance
BMC Software is committed to complying with all U.S. export/re-export laws and regulations (and foreign law where applicable).
BMC develops and implements policies and procedures to ensure compliance with all export laws and regulations. Every BMC employee is responsible for adhering to all policies and procedures.
If you are exporting or re-exporting BMC software, U.S. export control applies to you, and you are required to ascertain your compliance obligations.
Please contact the BMC Software Legal Department with any questions regarding export compliance.
- Policy Statement
- Legal Laws and Regulations
- Export Control Classification Numbers
- Country Information
- Export Restrictions
- Export Compliance Resources
Policy Statement
As one of the leading software providers of enterprise management systems to entities all over the world, BMC Software ("BMC") is committed to shipping its products in accordance with the export control laws and regulations of the United States and other countries.
It is BMC's policy to comply fully with United States and local export/re-export laws and regulations. It is the responsibility of all BMC employees to ensure that under no circumstance should a transaction occur contrary to this policy. Violations of the export/re-export laws could subject BMC to criminal penalties, civil penalties, including large fines, or the loss of export privileges. Non-compliance with the applicable rules by BMC employees could also result in corporate discipline, including dismissal in appropriate cases.
BMC employees are expected to read the BMC export guidelines and comply with all relevant policies and procedures. Please do not hesitate to seek clarification from the Legal Department if you have any questions concerning how the export laws and regulations apply to your role at BMC.
Sincerely,
Pat Tagtow
General Counsel
Legal 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.
Export Control Classification Numbers
An Export Control Classification Number (ECCN) is a five-digit number, based upon a numbering system used by the U.S. Department of Commerce, and it is assigned to a particular product because of its technical or functional features.
View a list of Export Control Classification Numbers.
Country Information
BMC Software prohibits any export or re-export of BMC software to any destinations subject to U.S. embargoes or trade sanctions.
The following countries are subject to U.S. embargo or restricted trade sanctions:
- Cuba
- Iran
- North Korea (Democratic Republic of Korea)
- Sudan
- Syria
- Russia/Belarus – Related Sanctions
- Other Active Sanctions Programs
Please visit the Treasury Department Sanctions Program and Country Summaries to view various other active Sanctions Programs information on countries.
Export Restrictions
The U.S. Department of Commerce and the U.S. Department of Treasury administer and maintain U.S. government exclusion lists. BMC Software does not ship products to any entity, whether in the U.S. or abroad, specified on these lists. They are prohibited end users.
Export Compliance Resources
The U.S. Department of Commerce, Bureau of Industry and Security, is the government agency that administers and enforces export compliance law and regulation.
The Department of Treasury, Office of Foreign Asset Control (OFAC), administers the laws and regulations pertaining to country trade sanctions and prohibited foreign nationals.