Statement regarding engagement with companies
added to the U.S Export Administration Regulations (EAR) entity list in oneM2M activities
(To be read by SC, TP and ____ Chairs at oneM2M meetings)
1. Public Information is Not Subject to EAR
OneM2M is based on the same structure and operating procedures as 3GPP. oneM2M is open where all contributions (including technology protected or not by patent) made by the different Individual Members under the membership of each respective Partner are publicly available. Indeed, contributions by all and any Individual Members are uploaded to a public file server when received and then the documents are effectively in the public domain.
In addition, because membership of email distribution lists is open to all, documents and emails distributed by that means are considered to be publicly available.
As a result, information contained in oneM2M contributions, documents, and emails distributed at oneM2M meetings or by oneM2M email distribution lists, because it is made available to the public without restrictions upon its further dissemination, is not subject to the export restrictions of the EAR.
Meeting minutes are maintained for oneM2M meetings. Such oneM2M meeting minutes are made available to the public without restrictions upon its further dissemination. As a result, information, including conveyed orally, contained in oneM2M meetings is not subject to the export restriction of the EAR
2. Non-Public Information
Non-public information refers to the information not contained or not intended to be contained in oneM2M contributions, documents (including meeting minutes), or emails. Such non-public information may be disclosed during informal meetings, exchanges, discussions or any form of other communication outside the oneM2M meetings and email distribution lists.
For the duration of the Temporary General License (TGL) issued by the Bureau of Industry and Security (BIS) of the US Department of Commerce on May 20, 2019, there are no restrictions on the release of non-public information to companies added to the Entity List on May 16, 2019, to the extent that information is necessary to “continued operation of existying networks and equipment”, “support to existing handsets”, “cybersecurity research and vulnerability disclosure” and “engagement as necessary for the development of 5G standars by duly recognized standards body”.
3. Other Information
Certain encryption software controlled under the International Traffic in Arms Regulations (ITAR), even if publicly available, may still be subject to US export controls other than the EAR.
4. Conduct of Meetings
Until further notice, the situation should be considered as "business as usual" during all the meetings called by oneM2M.
5. Responsibility of Individual Members
It should be remembered that contributions, meetings, exchanges, discussions or any form of other communication in or outside the on oneM2M meetings are of the accountability, integrity and the responsibility of each Individual Member. In addition, Individual Members remain responsible for ensuring that none of their technical contributions include classified encryption software or other information that is subject to US export control under the ITAR or other applicable US export control regulations.
Individual Members with questions regarding the impact of laws and regulations on their participation in oneM2M should contact their companies’ legal counsels.