Legal Question in Technology Law in Ohio

internation software distribution

Hello, I do custom software on side from my regular job, I have been offered a job from a man in South Africa. My question is it legal to produce and give software to someone in that region for a profit? I work from home. There must some kind of reason they put ''Only for sale in the USA and Canada'' stickers on software boxes. Thank you for your time.


Asked on 1/06/03, 7:30 pm

2 Answers from Attorneys

Lawrence Graves Coolidge & Graves PLLC

Re: internation software distribution

Not a problem -- sanctions against the Republic of South Africa ended shortly after Nelson Mandela became president. As with any international gig, however, I recommend getting paid up front (or at least having a substantial down-payment), since pursuing a foreign company is expensive and time-consuming.

Best wishes,

LDWG

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Answered on 1/06/03, 8:27 pm
Steven Hill Steven A. Hill, Attorney at Law

Re: internation software distribution

Much will depend on the details of what the software does, how close it is to what work you do for your employer, and other things. I agree with Mr. Graves regarding getting paid. It is difficult to collect from somebody outside the U.S.

You might also check export license requirements. See, for example: http://www.aasbea.com/ViewFaq.asp?Id=1

This is clipped from a FAQ there:

Question[:] Do I need an export license to ship my product to a particular market? How do I get a license?

Answer[:] Most goods do not need a license, and can be cleared by entering "NLR" (no license required) on the Shipper's Export Declaration (SED). Licenses are generally required for high tech or strategic goods or goods shipped to certain countries where national security or foreign policy controls are important. The Department of Commerce's Bureau of Export Administration (BXA) administers export licenses and regulations. The Export Administration Regulations (EAR) require a license for certain activities and items, e.g. commodities, software, and technology, if one of ten general prohibitions applies and the export or re-export is not eligible for a license exception. Exporters can call BXA to determine if they need a license. BXA holds numerous seminars each year on export licensing requirements and documentation. BXA can be reached at (202) 482-4811 (Fax: 202-482-3617) on the East Coast, or (714) 660-0144 on the West Coast. BXA also maintains a home page that provides information on their regulations and procedures.

Maybe call the BXA.

Regards,

Steven Hill

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Answered on 1/07/03, 12:27 pm


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