Contract manufacturers (CMs) have become the de facto production division for many U.S. companies. The reasons for this continued trend include outsourcing non-core competencies (i.e. manufacturing), reducing supply chain costs, reducing capital expenditures, and building flexibility into production operations. The CM’s customer who exports is required to comply with the U.S. Department of Commerce Export Administration Regulations (EAR) and the U.S. Department of State International Traffic in Arms Regulations (ITAR). The EAR has jurisdiction over “dual use” items, that is, those items with both commercial and military applications, while ITAR has jurisdiction over defense articles. But what about the CM’s export compliance requirements? CMs must first establish whether or not the assemblies or products they produce are under the jurisdiction of ITAR or EAR. For this reason it is important that the CM have a good understanding of their customer’s business. Receiving drawings stamped “ITAR Controlled” are a sure bet that the products fall under ITAR jurisdiction. Are the assemblies used in defense, satellite or aerospace applications? Are the items used in telecommunications or commercial applications? If so, what are the end articles produced and what are their end-uses? CMs will likely already know the answers to these questions, which will help to determine the commodity jurisdiction. Items under ITAR jurisdiction are defined on the U.S. Munitions List (USML), which can be found in CFR 22, Part 121. In addition to ammunition, missiles and explosives, this list includes military vessels, vehicles, aircraft, training equipment, protective personnel equipment, military electronics, optical and guidance control equipment. It is imperative that the CM knows that the USML includes components, parts, accessories, attachments, and associated equipment specifically designed or modified for use with the equipment in each of the USML categories. Consequently, the subassemblies that a CM produces are controlled on the USML. In addition, ITAR Part 120.10 controls technical data which is required for the design, development, production, manufacture, assembly, operation, repair, testing, maintenance or modification of defense articles. This includes information in the form of blueprints, drawings, photographs, plans, instructions and documentation. Items under EAR jurisdiction can be found on the Commerce Control List (CCL) in CFR 15, Part 774. The CCL includes items (commodities, software, and technology) subject to the authority of the U.S. Department of Commerce, Bureau of Industry and Security (BIS) and include “dual use” items as well as purely commercial items. The CCL does not include those items exclusively controlled for export by another department or agency of the U.S. Government. In instances where other agencies administer controls over related items, entries in the CCL will contain a reference to these controls. If you are unsure of the export jurisdiction of an item or service, you should request a commodity jurisdiction (CJ) determination from the U.S. Department of State, Directorate of Defense Trade Controls (DDTC). SO, WHAT DOES A CM NEED TO KNOW ABOUT EXPORT COMPLIANCE? Under ITAR Jurisdiction * Registration with the Department of State (DDTC). This is required even if the CM does not export the controlled items * Notification of the DDTC of violations of criminal statutes, changes in senior management, changes in foreign ownership, and mergers and acquisitions * Maintenance of records concerning the manufacture, acquisition and disposition of defense articles and technical data * Application for licenses (or use of appropriate exemption) for exports of items on the USML * Application for licenses (or use of appropriate exemption) for technology transfers of items on the USML to foreign persons or entities Under EAR Jurisdiction * Application for licenses (or use of appropriate exception) for exports of items on the CCL and Commerce Country Chart as required * Application for licenses (or use of appropriate exception) for technology transfers to foreign persons or entities of items on the CCL and Commerce Country Chart as required * Checking on end-user against government lists of prohibited parties/entities * Ensuring that items are not intended for prohibited end-uses (i.e. WMD) Failure to comply with these federal regulations can result in significant criminal penalties (possible prison sentences and fines) and civil action (e.g., fines and denial of export privileges). For more information about corporate trade compliance or to contact an export trade compliance specialist please visit http://www.wearecompliant.com
Posts Tagged ‘About’
Export Trade Compliance – What Every Contract Manufacturer Needs to Know About Export Compliance
Posted in Software Piracy 
Tags: About, compliance, Contract, Every, Export, Know, manufacturer, Needs, Trade 
Comments OffAbout Software
Software or logiciário is a sequence of instructions to they be following and/or executed, in the manipulation, redirecionamento or modification of a die / information or event. Software is also the name given to the behavior exhibited by that sequence of instructions when executed in a computer or similar machine. Software is also a product and it is developed by the software Engineering, and it includes not only the computer program, but also manuals and specifications. For accounting and financial ends, the Software is considered a capital Goods. This product goes by several stages as: Economical analysis, Analysis of requirements, Specification, Code, Test, Documentation, Training and Maintenance. Software as computer program A computer program is composed by a sequence of instructions, that is interpreted and executed by a processor or for a virtual machine. In a correct and functional program, that sequence follows specific patterns that result in a wanted behavior. A program can be executed by any device capable to interpret and to execute the instructions that is formed. When a software is represented as instructions that can be executed directly by a processor say that is written in machine language. The execution of a software can also be intermediated by a program interpreter, responsible for to interpret and to execute each one of their instructions. A healthy special and notable category of interpreters the virtual machines, as the virtual Machine Java (JVM), that you/they simulate a computer whole, real or imagined. The knownest device that has a processor is the computer. Now, with the barateamento of the microprocessors, other programmable machines exist, as cellular telephone, machines of industrial automation, calculator, etc. The construction of a computer program A program is a group of instructions for the processor (machine language). However, it can be used programming languages, that he/she translates commands in instructions for the processor. Usually, computer programs are written in programming languages, because these were projected to approximate of the languages used by human beings. Rarely the machine language is used to develop a program. Some programs done for specific uses, as for instance embarked software or embedded software, they are still done in machine language to increase the speed or to reduce the consumed space. In every case, the improvement of the processors dedicated is also reducing that practice, being C a typical language for that project type. That practice, however, it is falling in disuse, mainly due to the great complexity of the current processors, of the operating systems and of the treated problems. Very rarely, really just in exceptional cases, the machine code, the numeric representation is used used directly by the processor. The Program is initially “loaded” in the main memory. After carrying the program, the computer he/she finds him/it ‘Entry Point’ or initial point of entrance of the program that carried and he/she reads the instructions successively byte for byte. The instructions of the program are last for the system or processor where they are translated of the programming languages for the machine language, being executed soon afterwards or directly for the hardware, that receives the instructions in the form of machine language. Types of computer programs Any modern computer has a variety of programs that you/they make several tasks. They can be classified in two great categories: 1. System software that included the firmware (BIOS of the personal computers, for instance), drivers of devices, the operating system and typically a graphic interface that, together, they allow to the user to interact with the computer and their peripheral. 2. Software application, that allows to the user to do an or more specific tasks. Applications can have an use inclusion of wide climbs, a lot of times in world extent; in these cases, the programs tend to be more robust and more standardized. Programs written to a small market have a level of smaller standardization. It is still possible to use the category embedded Software or embarked Software, indicating software destined to work inside of a machine that is not a computer of general use and usually with a very specific destiny Now we have a new software type. The software as service, that is a type that turns directly in the internet, not being necessary to install anything in the user’s computer. Usually that software type is free and he/she has the same functionalities of the versions desktop. Licenses The whole software is published under a license. That license defines (and until it restricts) which the form that she can use the software (numbers of licenses, modifications, etc.). Examples of licenses: * General GNU Public License * License BSD * Apache license * Commercial license * Software license * License of free software * Free software * Freeware * Shareware * Demo * Trial
British Game Developer Talked About Nintendo Co’s Anti-Piracy Road
In game industry, to Nintendo palm game DS, the burn card is definitely a disaster. 53.7% of People Complain that they Can not Afford Genuine nintendo ds accessories The burn card can easily let players download game from net and no need to buy the legal record. Andrew Mclennan of Metaforic technic company formerly was a British game developer. He has developed games for TV game, PC and NDS flat, he also helplessly watched the game which he participated developing hasn’t yet come into market but can be downloaded from net already. He has been in the trade for 17 years and nearly every game of his had been replicated illegally. With a writer card, game players could play on all NDS games at a meager cost of 10 cents. Andrew Mclennan is not the only one annoyed, Nintendo should be more annoyed than him. In 2008, Nintendo had taken action to ban the sale of R4 through legal measure, alleging that users of R4 writer card had done harm not only to Nintendo, but also the third party who develops NDS games. This March Tokyo court approved Nintendo’s request of prohibiting R4 burn card. Therefore, R4 burn card is defined as illegal in Japan now. It is said that Nintendo will investigate the developing company of R4 burning card and demolish it then. Though with less room to survive in Japan, R4 writer card continues to exist in twilight areas of other places throughout the world. Technically the burn card itself is legal but the downloaded game ROM is definitely illegal. Thus the combination of both is difficult to define. Certainly, Nintedo definitely want to slove the problem at the source of vicious circle- the burn card. According to Andrew Mclennan, Nintendo wants to cooperate with Metaforic technic company at present and let it solve the problem of burn card worldwide, and even follow the legal method which they used in Japan. Metaforic Technology Inc has detected R4 kernel and patch used to run ROM of the NDS games. Understand that Andrew Mclennan can’t tell more about the safeguard technic which is being developing at present. But there’s an explanation of the concept of this technic:”We’ll put a series of security programm in the NDS game ROM, thus every game will have its own security system. Different games have different security systems. Andrew didn`t brag that this technology can absolutely withstand the attack of hackers. With enough brains, time and motives, they can still break into many of the security system, but he hopes to stall them as long as possible and make them feel fretful in decoding the program. Andrew Mclennan still needs a long time to issue this technique and fight with DSTT, and R4 has been in existence for many years, there are a lot of websites which can download all unlawful NDS games in last 4 years. 2007 in British “Times” it was reported that there were 35 million R4 cards were sold, so far this figure must be even more substantial. Andrew Mclennan said their knowledge of R4 cards are limited, and R4 could continuously crack official anti-piracy technique safe sytem by updating firmware. But he claimed that the technic solvement of Metaforic technic company has monitoring ability to the firmware upgrade:” the upgrade of firmware can’t break out safeguard system, though we can’t release more details at present.” Though Andrew Mclennan was putting effort on skills to prevent the overrunning of pirate copies, he didn’t think it was necessary to burn up the burning card with legal methods. He said that it would be respectful to those who develop self made software and games althought there were only small amout of them. He said that the related law in the zone was lacked. It was hard to prove that the circulation of burning card was breaking the law. The forbidden on certain burning card, there might be another new kind of them. Andrew Mclennan agreed on that the problem should be solved by the way of skill instead of the law. DSi, a new type of NDS had been released in Japan last year, and then appeared in Euramerican this year. All of the flash card became useless at first, but hackers surely didn`t surrender to Nintendo`s efforts, launched again another kind of flash card specific to DSi. It can seen that “While the priest climbs a post, the devil climbs ten”. Obviously, the anti-pirate road shoulders heavy responsibilities and still has a long way to go.
Posted in Software Piracy Tags: About, AntiPiracy, British, Co's, Developer, Game, Nintendo, Road, Talked Comments OffBritish Game Developer Talks About Nintendo Company Road to Fight Against Piracy
In game industry circle, to Nintendo palm game machine DS, the appearance of writable card means a disaster, which enables game players easily download and play free games from the internet, instead of buying copyrighted ones. For What Reasons People all Choose Them?! acekard 2i are the Favorite of Andrew Mclennan of Metaforic technic company formerly was a British game developer. Why People in Japan all Adore dstti card He has developed games for TV game, PC and NDS flat, he also helplessly watched the game which he participated developing hasn’t yet come into market but can be downloaded from net already. He worked on game developing for 17 years, and nearly every game was illegally copied. Writable cards exist all over the world, and just only 10 dollors can make game players freely play almost all NDS games.Hey! dstt cards are the Favorites of People in Switzerland Andrew Mclennan isn`t the only one agonized for this. What is the Best For this Year? Dazzling r4 Absolutely! More agonizing is Nintendo. In 2008, Nintendo strike out his hands of his own, he used legal means to force against the rampant DSLINK R4, and made statement that R4 DSLINK was not just a very serious injury for Nintendo users, but also for other non-developed NDS and the third-party vendors In this March, Tokyo Court approved requirement by Nintendo to deliver injunction of R4 DSTT, which made R4 DSTT as unlawful existence in Japan. And it is said that Nintendo would claim to R4 DSTT developing companies, in order to destroy them thoroughly.Be More Photogenic in r4i sdhc Though with less room to survive in Japan, R4 writer card continues to exist in twilight areas of other places throughout the world. Technically the burn card itself is legal but the downloaded game ROM is definitely illegal. Thus the combination of both is difficult to define. Of course, Nintendo wants to trail to source of the vicious circle—writer card. According to Andrew Mclennan, Nintendo now seeks to cooperate with Metaforic company in a bid to solve the R4 writer card problem in the globe and even take suit of what does in Japan.Cutest April Fools’ Day Buys: dstt cards Metaforic Technology Corporation detected kernel and patch of R4 writable card which are programs used to run NDS game ROM. It`s quite understandable that Andrew Mclennan can not disclose much anti-piracy technology developed currently. Fortunately he explained the technology principle as, [we will set a security program into ROM of NDS games to ensure every game has its own security system. Each game has a set of security system matched.” Andrew Mclennan didn’t boast that this series of technic can 100% guard against hacker. He has to admit that the hackers have enough knowledge, time and motivation. Maybe finally they can break most of the security systems, but he hope it at least will take a long time for hacker to break. Moreover, it’s better to give them a headache during breaking. Andrew McLennan still needs a lot of time to introduce this technology to fight with the burn card. While the R4 has already existed for many years and there are many sites for people downloading all illegal NDS games over the past four and a half years all over the world. In 2007, the [Thames”, a British paper reported 35 million R4 card had been sold and now the figure is even bigger. Andrew Mclennan said their knowledge of R4 cards are limited, and R4 could continuously crack official anti-piracy technique safe sytem by updating firmware. But he claimed that the skill solve plan of Metaforic technology company had the prvention ability to updating firmware. “The updating of firmware can’t break through our protection system though for now we can’t say too much about the details.” Although Andrew Mclennan is working on the technic of anti-piracy, he thought there’s no need to ban burn card by legal method. He claimed that he respect those who only use burn card to develop software and game by themselves- though there’re only a few. He added that presently law in relative areas is also absent, so it is difficult to prove the circulation of burning disks is illegal. Today prohibit one burning disk, maybe tomorrow a new disk will emerge. Therefore, Andrew agrees to apply technical methods rather than legal methods to solve this problem. The new model DSi of NDS series launched in Japan last year comes into European and American market continuously. At the beginning of its selling, it is true that all the burning disks couldn’t be used. However, confronted with Nintendo’s efforts, hackers surely won’t give in. Presently, burning disks dealing with DSi are coming up. While the priest climbs a post, the devil climbs ten. The way to against pirate is tough. There is a long way to go.
About Software Piracy
It’s Best To Avoid It At All Costs Like electronic identity theft, computer viruses, and the spread of other computer crimes, software piracy is on the rise. The problem with software piracy is that software costs make this illegal activity appealing to the end user. After all, who is it going to hurt? Rich software companies?? This article investigates software piracy as a whole and the impact that it has on the computer using industry. The most vulnerable victims of software piracy are software businesses or independent programmers who create and distribute commercial software or shareware. We described shareware in another article, but because both commercial software and shareware require payment, they’re the target of pirates who seek to make these kinds of programs free to use. Depending on their binding legal agreements, licensing typically allows the use of a single program on a single computer. This set up is usually fine for a user who uses software at home on one computer. But in an environment where there are five, ten, twenty or more computers, buying a license for each computer can be down-right costly. So costly that the temptation to pirate a little software here and there can be pretty tempting. Co-workers are familiar with this temptation and they’re often the ones who “share” purchased software among those who need it. However the same temptation also prompts others to knowingly or unknowingly buy bootleg copies of commercial software or registered shareware. As tempting as it is, it’s still illegal and the punishments/fines for sharing commercial or registered software is too much for one to bear. In recent news, “Yahoo China loses music piracy case (AP via Yahoo! News) A court has ordered Yahoo Inc.’s China subsidiary to pay $27,000 for aiding music piracy, the company and a music industry group said Tuesday.”1 Additionally, “EU lawmakers approve prison terms, fines for major commercial piracy (International Herald Tribune) EU lawmakers voted Wednesday for legislation that would set prison sentences and fines for large-scale commercial piracy, but exempt patents and copying carried out for personal use.” 2 Fortunately, there are alternatives. Schools can research student versions of commercial software or ask for a school discount. Just because school rates aren’t advertised, it doesn’t mean that they aren’t available. Freeware or open source software (also described in another one of our articles) is another alternative to pirating commercial-ware, as well as shareware. And using older versions of programs could additionally reduce the costs associated with commercial versions. Up until recently, public opinion held little faith in freeware or open source software – often regarding it as low-quality knock-off’s of better known commercial products. But if you take a good look at what’s being offered at no cost, you may be in for a big surprise. The quality of today’s freeware and open source software created a strong rift among the commercial community and it’s literally driving the competition bananas! So much so, that even some well known software development corporations have joined the cause and built a few freeware open source products of their own! If you can remember that there are hoards of alternatives to costly commercial software (and you make the effort to get it), you’ll discover that you can keep up with the rest of the computer industry at a significantly cheaper cost than if you attempted to pay your way down the software aisle. Software piracy just isn’t the answer.