EXPORTING AND USING ARIBA PRODUCTS
Ariba software products are controlled by a set of U.S. export regulations called the "Export Administration Regulations" or "EAR" administered by the U.S. Bureau of Industry and Security (BIS). These regulations govern almost all U.S.-origin goods, from shoes to software, airplanes to toothbrushes and can be found at http://www.access.gpo.gov/bis/index.html . As you might expect, some products are subject to stricter controls than others, and so it is important to understand what category of goods a particular product belongs in so that you can determine what controls apply.
It is important to understand that these regulations apply to almost all U.S. products, including all U.S.-origin software (except software that is in the public domain or licensed under an open source license), so even common desktop applications are all similarly subject to such U.S. export rules.
Ariba software products are categorized under the designation (ECCN or Export Control Classification Number) 5D002 (C.1) and qualify for the license exception ENC (sections 740.17(A) and (B)(3) of the EAR) for dual-use encryption items.
The Ariba OnDemand Integration Toolkit and Data Transfer Tool, as well as the Ariba Network Adapters, are categorized under the designation (ECCN or Export Control Classification Number) ECCN EAR99.
| Ariba Products | ECCN | License Authority | CCATS # |
|---|---|---|---|
| Ariba Spend Management Solutions (all software modules) | 5D002 (C.1) | License Exception ENC EAR sections 740.17 (A) and (B)(3) |
G049265 |
| Ariba OnDemand Integration Toolkit and Data Transfer Tool | EAR99 | NLR - no license required | self-classified |
| Ariba Network Adapters | EAR99 | NLR - no license required | self-classified |
What this information means is that Ariba software can be exported to most countries and most end users (including foreign government end users) without obtaining an export license from BIS.
However, Ariba products cannot be exported (without a license) to any country that is subject to U.S. economic sanctions or embargoes. Currently, those countries are:
Cuba, Iran, North Korea, Sudan, Syria*
In addition, Customers may not use Ariba products to transact with entities that are citizens or residents of these countries. Suppliers that are citizens or residents of these countries are not permitted to register or use Ariba products.
Similarly, our OnDemand Solutions cannot be accessed from these countries, or by foreign nationals of these countries, and our customers may not use our OnDemand Solutions (or any hosted Ariba software) to transact with any entity (e.g., any suppliers) that is a citizen or resident of any of the above countries.
If Ariba has information suggesting that an existing or prospective customer or supplier is on any of the suspected terrorist lists or other lists of entities that are barred from receiving U.S. exports, or intends to use Ariba software or solutions to facilitate nuclear/ WMD proliferation, we cannot export software to such an entity, or allow them to purchase or use our services or access our OnDemand Solutions.
The lists of such suspected terrorists and other U.S. export-denied entities can be found at: http://www.bis.doc.gov/ComplianceAndEnforcement/ListsToCheck.htm
* This list consists of sanctioned countries relevant to Ariba and Ariba products and is not a complete list of U.S. sanctioned countries. For additional information on U.S. embargoes and sanctions visit OFAC at http://www.treas.gov/offices/enforcement/ofac/programs/.
