439. Does General License (GL) D-2 authorize the export of bundled software that includes both software authorized by GL D-2 and software that is not authorized by GL D-2?

No.  To qualify for GL D-2, all individual software items in a bundled package must fall within one of GL D-2 authorizations.  If some software in a bundled package is authorized by GL D-2 but other software is not, the portion of the software falling outside the authorizations in GL D-2 would need to be otherwise exempt or authorized or would require a specific license for export.  A bundle of software that included exclusively software authorized by GL D-2 and by 31 CFR § 560.540 could be exported.  Please see FAQs 1087–1088 for guidance on certain types of cloud-based software authorized by GL D-2. 

Date Updated: January 11, 2023