Statement Regarding Engagement with Companies Added to the U.S. EAR Entity List in Standardization Activities
EAR= Export Administration Regulations
1. Published Information is Not Subject to EAR
ETSI believes that non-controlled technology and software disclosed pursuant to its activities are generally not subject to the EAR, as such technology and software is “published” and made available to the public without restrictions on its further dissemination through distribution at ETSI meetings generally accessible to the interested public and through public dissemination on ETSI online platforms (i.e. unlimited distribution).
Under EAR section 734.7, unclassified “technology” or “software” is “published,” and is thus not subject to the EAR, when it has been made available to the public without restrictions upon its further dissemination, such as through unlimited distribution at a meeting generally accessible to the public or through public dissemination (i.e. unlimited distribution) in any form.
ETSI’s activity is the production of open standards, including European harmonised standards as one of the standards bodies recognized by the European Commission. Any legal entity having interest in ICT standardisation work can be member of ETSI
Contributions (including technology protected or not by patent) made by ETSI Members are accessible on a member server and are effectively considered as disseminated to the interested public without restriction through ETSI membership.
Information contained in ETSI contributions, documents, meeting minutes, and emails distributed at ETSI meetings, by ETSI email distribution lists, or on the ETSI online platform is made available to the interested public through ETSI membership without restrictions upon its further dissemination.
All work done by Members in the different working groups of ETSI and resulting in technical specifications and/or standards that are published, is publicly available and accessible for free without any kind of restrictions.
2. Non-Public Information
Non-public information refers to i) the information not contained or ii) not intended to be contained in ETSI contributions, documents, meeting minutes, or emails. Non-public information may be subject to US export controls
3. Other Information
Certain controlled encryption “technology” or “software” may still be subject to US export controls, even if publicly available.
4. Conduct of Meetings
Until further notice, the situation should be considered as "business as usual" during all the meetings called by ETSI.
5. Responsibility of Individual Members
Contributions, meetings, exchanges, discussions, or any form of other communication in or outside the ETSI meetings are of the accountability, integrity, and the responsibility of each Member. In addition, Members remain responsible for ensuring that none of their technical contributions include controlled software or technology or other information that is subject to US and/or non-US export control regulations.
Individual Members with questions regarding the impact of laws and regulations on their participation in ETSI should contact their companies’ legal counsels.
Update 21 August 2019
The US Export Administration Regulations (EAR) generally do not apply to ETSI’s activities, which involve open standard development and unclassified, published technology and software not subject to the EAR. ETSI considers its activities not to be affected by the recent actions of the US Department of Commerce’s Bureau of Industry (BIS). BIS’s “General Advisory Opinion Concerning Prohibited Activities in the Standards Setting or Development Context When a Listed Entity is Involved,” reinforces that these recent actions do not apply to unclassified, published technology and software not subject to the EAR. ETSI previously detailed this position on its website (see above) in the “Statement Regarding Engagement with Companies Added to the U.S. EAR Entity List in Standardization Activities.” Further information is available at this link: https://www.bis.doc.gov/index.php/documents/advisory-opinions/2437-general-advisory-opinion-concerning-prohibited-activities-in-the-standards-setting-or-development-context-when-a-listed-entity-is-involved/file.
Certain controlled encryption “technology” or “software” may still be subject to US export controls, even if publicly available. Members remain responsible for ensuring that none of their technical contributions include controlled software or technology or other information that is subject to US and/or non-US export control regulations absent any required licenses or authorizations.”
Statement regarding IPR
We issue the following public statement to clarify that ETSI does not take any position regarding the correct interpretation of its IPR policy and its IPR Guide:
The ETSI IPR Policy and the IPR Guide texts stand as independent documents in their own right.
It is reiterated that specific licensing terms and negotiations are commercial matters between the companies and shall not be addressed within ETSI. The basic principle of the ETSI IPR regime remains FRAND with no specific preference for any licensing model.
See more information related to IPR on our dedicated webpage.