HANDLING EXPORT-CONTROLLED TECHNICAL INFORMATION
As a U.S. company Ariba is subject to U.S. export laws regarding the handling of any U.S-origin technical data. Such technical data may not be exported (including by electronic transmission or by "deemed export").
Export-Controlled Technical Information
The type of technical data that is controlled by US export laws/ regulations is technical data that describes in detail products that are also controlled by US export laws. For example: technical specifications for fiber optics, circuitry design specifications for high-powered computer chips, technical descriptions of remote guidance systems. The products are not necessarily military in nature, but could be "dual-use" items that are used in both commercial products and military (like fiber optics and computer chips). Related software is also controlled, so certain software documentation would also be considered "technical data".
Protecting U.S. Export-Controlled Technical Data
Ariba does not permit the storage or transmittal of U.S. export-controlled technical data on or through its hosted systems (SaaS solutions or hosted software), but offers guidance to assist customers utilizing Ariba solutions on how to make such protected technical data accessible to their permitted business partners while maintaining adequate security behind the customer's firewall. This guidance is designed to minimize risk of export violations by our customers, suppliers and Ariba through inadvertent exposure of US-export controlled technical data to foreign nationals employed by Ariba in areas of development, operations and support. Such employees require a level of technical access to our Ariba systems that would potentially expose them to such information. For more information, please contact your Ariba Account Executive.
Deemed Exports and Foreign Nationals
A "deemed export" is defined by Export Administration Regulations as export (or disclosure in the case of export controlled technical information) to a "foreign national". So, for example, disclosure of controlled technical information to a citizen of Sudan would be deemed an export to Sudan.
A "foreign national" is an individual who is not a:
- U.S. citizen
- U.S. permanent resident alien ("green card" holder) or
- lawfully admitted refugee or asylee
