Export Controls: With regard to software/technology exports, does use of remote servers based overseas count as an export?

Question

With regard to software/technology exports, does use of remote servers based overseas count as an export?

(This question was asked at one of our recent webinars on Export Controls. You can listen to this webinar on our recent webinars page at http://opentoexport.com/info/webinars/)

Answer

It will depend on the circumstances. If you store UK controlled software or technology on a server abroad, there is no ‘export’ if it is only accessed from within the UK. Cryptography or a statement of non-access by the server maintainers is generally seen as being adequate to confirm this. If you put software or technology on to a server abroad knowing that it is going to be accessed from outside of the UK then it is an export. For more guidance on this topic, please see the ECO guidance called ‘Guidance on export of Technology which is available from https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/15203/Export_of_technology_Guidance_-_URN_10-660_-_new_logo_-_2012.pdf.

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