Broadband Forum Statement Regarding Engagement with Companies on BIS Entity List
The Broadband Forum (BBF) believes that technology, software, and related technical materials, communications and information disclosed pursuant to BBF activities (Technical Information) is “published” for purposes of the U.S. Export Administration Regulations (EAR) and, therefore, is not subject to the EAR and does not require an authorization from the U.S. Department of Commerce, Bureau of Industry and Security (BIS) if released to entities on the BIS Entity List.
Pursuant to EAR Section 734.7(a), unclassified “technology” and “software” is “published” when it has been made available to the public without restrictions upon its further dissemination, such as, among other things, through unlimited distribution at a meeting generally accessible to the public, or through public dissemination (i.e. unlimited distribution) in any form.
Technical Information is released during the course of BBF technical meetings and discussions, development and release of final and draft BBF specifications and other work product, technical contributions to BBF, and proposals and edits to the foregoing, through BBF email distributions and communications, posting on the BBF web site, and/or the use of other BBF online platforms (collectively, BBF Channels).
All members of BBF (Members), and anyone else interested in broadband network specification development work who registers with BBF (Observers), can have access to Technical Information through the above BBF Channels. Any legal entity interested in broadband network standardization can be a BBF Member, anyone can be an Observer, and BBF does not impose restrictions on further dissemination of Technical Information.
NOTE: Certain controlled encryption “technology” or “software” is subject to U.S. export controls, even if it is publicly available.
Each person or entity participating in BBF activities, whether through contributions, meetings, exchanges, discussions, or otherwise, remains responsible for ensuring that its technical contributions and disclosures (if any) do not include technology, software or other information that is subject to any U.S. or non-U.S. export control regulations.
Members and Observers with questions regarding the impact of laws and regulations on their participation in BBF should direct those questions to their respective legal counsel.