Skip to content

Commit

Permalink
Update and rename github-and-export-controls.md to github-and-trade-c…
Browse files Browse the repository at this point in the history
…ontrols.md

Updating this policy to provide more information and to align with our public-facing policy: https://help.github.com/en/articles/github-and-trade-controls
  • Loading branch information
bluemazzoo committed Jul 25, 2019
1 parent 0a53bf9 commit 681ac10
Show file tree
Hide file tree
Showing 2 changed files with 59 additions and 30 deletions.
30 changes: 0 additions & 30 deletions Policies/github-and-export-controls.md

This file was deleted.

59 changes: 59 additions & 0 deletions Policies/github-and-trade-controls.md
@@ -0,0 +1,59 @@
---
title: GitHub and Trade Controls
productVersions:
dotcom: '*'
englishOnly: true
redirect_from: /articles/github-and-export-controls
---

GitHub.com, GitHub Enterprise Server, and the information you upload to either product may be subject to trade control regulations, including under the U.S. Export Administration Regulations (the EAR).

GitHub’s vision is to be the global platform for developer collaboration, no matter where they reside. We take seriously our responsibility to examine government mandates thoroughly to be certain that users and customers are not impacted beyond what is required by law.

To comply with U.S. trade control laws, GitHub recently made some required changes to the way we conduct our services. As U.S. trade controls laws evolve, we will continue to work with U.S. regulators about the extent to which we can offer free code collaboration services to developers in sanctioned markets. We believe that offering those free services supports U.S. foreign policy of encouraging the free flow of information and free speech in those markets.

Although we've provided the following information below for your convenience, it is ultimately your responsibility to ensure that your use of GitHub's products and services complies with all applicable laws and regulations, including U.S. export control laws.

### Export overview

#### GitHub.com

Under our [Terms of Service](/articles/github-terms-of-service), users may only access and use GitHub.com in compliance with applicable law, including U.S. export control and sanctions laws.

Users are responsible for ensuring that the content they develop and share on GitHub.com complies with the U.S. export control laws, including the EAR and the U.S. International Traffic in Arms Regulations (ITAR). The cloud-hosted service offering available at [Github.com](https://github.com) has not been designed to host data subject to the ITAR and does not currently offer the ability to restrict repository access by country. If you are looking to collaborate on ITAR- or other export-controlled data, we recommend you consider [GitHub Enterprise Server](https://enterprise.github.com), GitHub's on-premises offering.

GitHub.com may not be used for purposes prohibited under applicable export control laws, including purposes related to the development, production, or use of nuclear, biological, or chemical weapons or long range missiles or unmanned aerial vehicles.

GitHub may allow users in or ordinarily resident in jurisdictions subject to U.S. sanctions to access certain GitHub.com services for personal communications pursuant to authorizations issued by the U.S. Treasury Department’s Office of Foreign Assets Controls (OFAC). Persons in and residents of these jurisdictions are prohibited from using IP proxies, VPNs, or other methods to disguise their location when accessing GitHub services and may only use GitHub for non-commercial, personal communications.

Specially Designated Nationals (SDNs) and other denied or blocked parties under U.S. and other applicable law are prohibited from accessing or using GitHub.com. Users may not use GitHub.com for or on behalf of such parties, including the Governments of sanctioned countries.

#### GitHub Enterprise Server

GitHub Enterprise Server is a self-hosted virtual appliance that can be run within your own datacenter or virtual private cloud. As such, GitHub Enterprise Server can be used to store ITAR- or other export-controlled information, although, end users are nonetheless responsible for ensuring compliance with the ITAR and other applicable export controls.

GitHub Enterprise Server is a commercial, mass-market product and has been assigned the Export Control Classification Number (ECCN) of `5D992.c` and may be exported to most destinations with no license required (NLR).

GitHub Enterprise Server may not be sold to, exported, or re-exported to any country listed in Country Group E:1 in Supplement No. 1 to part 740 of the EAR or to the Crimea region of Ukraine. This list currently contains Cuba, Iran, North Korea, and Syria, but is subject to change.

### Frequently asked questions

#### On which countries and territories are U.S. government sanctions applied?

Crimea, Cuba, Iran, North Korea, and Syria.

#### Will traveling in these regions be impacted?

Travel in these regions may impact your account status, but availability may be reinstated once you are outside of the sanctioned country or territory upon submitting a successful [Appeals Request](https://airtable.com/shrGBcceazKIoz6pY).

Traveling in Cuba for non-Cuban nationals should not impact your account status, once you’ve submitted a successful [Appeals Request](https://airtable.com/shrGBcceazKIoz6pY).

#### How is GitHub ensuring that folks not living in and/or having professional links to the sanctioned countries and territories still have access or ability to appeal?

In the rare instance that an account is affected unintentionally or in error, we have an appeal process to address such instances.

If a user believes that they have been flagged in error, then that user has the opportunity to appeal the flag by providing verification information to GitHub. If GitHub receives sufficient information to verify that the user is not a resident of a sanctioned territory or otherwise restricted by U.S. economic sanctions, then the flag will be removed. Please see [Appeals Request Form](https://airtable.com/shrGBcceazKIoz6pY).

#### Will non-enterprise users in these sanctioned countries still be blocked from GitHub?

For individual users, who are not otherwise restricted by U.S. economic sanctions, GitHub currently offers limited restricted services to users in these countries and territories. This includes limited access to GitHub public repository services for personal communications only.

0 comments on commit 681ac10

Please sign in to comment.