united-states export
How to get approval to give my book to a friend?
<p>I live in the Netherlands and I received a book I ordered from a company in the US. The package I received today had an invoice included. The invoice had the following text printed on it:</p>
<blockquote>
<p>These items are controlled by the U.S. government and authorized for export only to the country of ultimate destination for use by the ultimate consignee or end-user(s) herein identified. They may not be resold, transferred, or otherwise disposed of, to <strong>any other country</strong> or to <strong>any person other than the authorized ultimate consignee</strong> or end-user(s), either in their original form or after being incorporated into other items, without first obtaining approval from the U.S. government or as otherwise authorized by U.S. law and regulations.</p>
</blockquote>
<p>It is obvious that I need approval from US authorities to give my book to a friend in living in Belgium and probably also to give my book to a friend in the Netherlands. How do I get approval?</p>

<p>There is something wrong-sounding about that claim. Owning a thing (such as a book) means that you can dispose of it however you want. If it is a physical book, then unless this is a book of top secret classified information, the US government has no control over the item, nor does the copyright holder have any right to prevent you from giving away your copy. Electronic books, however, are another matter, since often you don't buy such books, you buy a license to use the book (like a software license). The license terms of an electronic book could be subject to various controls, and the license might be non-transferable. The underlying logic of this is that under the doctrine of first sale, you are allowed to do whatever you want with intellectual property that you buy, and therefore to restrict re-distribution of electronic IP, software especially is typically not itself sold, and just the permission to use it is.</p>

<p>If this is an electronic book, the copyright holder would be able (though not necessarily willing) to permit you to transfer your copy to someone else. Of course you can't give a copy to two people unless you have two licenses.</p>

<p>You need to submit an application to the <a href="https://www.ucop.edu/ethics-compliance-audit-services/compliance/export-control/export-laws.html" rel="nofollow noreferrer">U.S. Treasury Department Office of Foreign Asset Control (OFAC)</a>, or State Department’s Directorate of Defense Trade Controls (DDTC), or the Bureau of Industry and Security (BIS) within the Department of Commerce, as applicable. It takes three to six months to get approval, which is not guaranteed.</p>
<p>If you are giving it to a national of Belgium or the Netherlands who isn't on a terrorist watch list, and you were able to get it, it will probably be approved as a matter of course, however.</p>
<p>The issue is not copyright, but U.S. national security. If it is a book, it probably involves classified technologies such as cryptography, nuclear physics and engineering, chemical or biological weapons, advance computer designs, or anti-radar stealth or something like that.</p>
<blockquote>
<p>The Export Administration Regulations (EAR) are implemented by the
Bureau of Industry and Security (BIS) within the Department of
Commerce. The EAR regulates the export of “dual use” goods and
services (goods and services having both military and civilian uses)
that are identified on the Commerce Control List (CCL). These are
items that are not inherently military in nature; they are primarily
commercial items with potential military uses.</p>
<p>The International Traffic in Arms Regulations (ITAR) are implemented
by the State Department’s Directorate of Defense Trade Controls
(DDTC). These regulations apply to articles, services, and related
technical data that are inherently military in nature, as determined
by the State Department. These “defense articles,” &quot;defense services,”
and related “technical data” are listed on the U.S. Munitions List
(USML). Some articles and technologies that are not readily
identifiable as inherently military in nature—for example, research
satellites or small, research submersibles—are included on the USML.</p>
<p>The Treasury Department’s Office of Foreign Assets Control (OFAC)
implements the economic and trade sanctions and, based on U.S. foreign
policy and national security goals, targets foreign countries,
terrorists, international narcotics traffickers, and those engaged in
activities related to the proliferation of weapons of mass
destruction. The university typically encounters issues arising under
the OFAC regulations when researchers engage in collaborations with
foreign nationals overseas or seek to teach classes or perform
research in foreign countries.</p>
</blockquote>
