Registration and enrollment in the USPTO’s Electronic Business Center requires users to obtain a Software module that must be installed in their client platform. The Software package includes items currently subject to strict export license requirements prior to export from the U.S.
During the registration process, applicants must agree not to export any USPTO Electronic Business Center Software or technical data received from the USPTO without full compliance with all requirements of the Export Administration Regulations (15 CFR Parts 730-774) (The "EAR") .
In particular, EAR 734.2(b) (9) parts (B) and (C) apply.
EAR 734.2 (9)
Export of encryption source code and object code software.
(i) For purposes of the EAR, the export of encryption source code and object code software means:
(A) An actual shipment, transfer, or transmission out of the United States (see also paragraph (b)(9)(ii) of this section); or
(B) A transfer of such software in the United States to an embassy or affiliate of a foreign country.
(ii) The export of encryption source code and object code software controlled for EI reasons under ECCN 5D002 on the Commerce Control List (see Supplement No. 1 to part 774 of the EAR) includes downloading, or causing the downloading of, such software to locations (including electronic bulletin boards, Internet file transfer protocol, and World Wide Web sites) outside the U.S. (except Canada), or making such software available for transfer outside the United States (except Canada), over wire, cable, radio, electromagnetic, photo optical, photoelectric or other comparable communications facilities accessible to persons outside the United States (except Canada), including transfers from electronic bulletin boards, Internet file transfer protocol and World Wide Web sites, unless the person making the software available takes precautions adequate to prevent unauthorized transfer of such code outside the United States or Canada. Such precautions shall include ensuring that the facility from which the software is available controls the access to and transfers of such software through such measures as:
(A) The access control system, either through automated means or human intervention, checks the address of every system requesting or receiving a transfer and verifies that such systems are located within the United States or Canada;
(B) The access control system provides every requesting or receiving party with notice that the transfer includes or would include cryptographic software subject to export controls under the Export Administration Regulations, and that anyone receiving such a transfer cannot export the software without a license; and
(C) Every party requesting or receiving a transfer of such software must acknowledge affirmatively that he or she understands that the cryptographic software is subject to export controls under the Export Administration Regulations and that anyone receiving the transfer cannot export the software without a license. BXA will consider acknowledgments in electronic form provided that they are adequate to assure legal undertakings similar to written acknowledgments.
User are required to acknowledge that:
1.Without limiting the foregoing and even where export is approved under the EAR, export is prohibited to any country in Country Group E:2 of the EAR, to any military end-user/end-use in any country in Country Group D:1 of the EAR, and to any other destination or end-user specifically prohibited under the EAR unless such export has been first specifically authorized by a written export license or other authorization in accordance with the requirements of the EAR.
2.Users are solely responsible for obtaining any required export licenses or authorizations that are not provided for by the USPTO. Users are responsible for compliance with the EAR and any export or import restrictions imposed by any other country. User obligations under this provision shall remain in effect after termination of the USPTO Public Key Infrastructure Subscriber Agreement.