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By Thomas M. DeButts

The US Department of Commerce, Bureau of Industry and Security (BIS) recently released a redacted Advisory Opinion dated November 13, 2014 that confirms for cloud-based software vendors (or Software as a Service providers) that allowing access to export controlled software for use only in the cloud (or on servers) does not constitute an export of that software to the user. This completes the picture of how SaaS providers can legally deliver cloud-based computing and storage services to parties outside the borders of the country where the servers are located without triggering export authorization requirements. […]

 

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