Yes. Fee-based desktop publishing software and productivity software suites have been determined to fall within the scope of fee-based software that enables services incident to the exchange of communications as described in 31 CFR § 560.540(a)(2), provided that the software meets the additional criteria in those paragraphs (e.g., for software subject to the EAR, the software is designated EAR99 or is classified by the U.S. Department of Commerce on the Commerce Control List, 15 CFR part 774, supplement No. 1 (“CCL”) under ECCN 5D992.c). By contrast, enterprise management software has been determined not to fall within the scope of fee-based software that enables services incident to the exchange of communications as described in 31 CFR § 560.540(a)(2).
Date Updated: May 16, 2024