The jurisdiction and classification of software is the first and often most difficult step in compliance with the export control laws. The deemed export rule and intra-company access to servers means that firms must classify the technology and software they use internally. That is in addition to all the technology and software sold or licensed to others.
Technology presents unique classification challenges.
For example, the same technology may be used for the production of both controlled and uncontrolled commodities. Technology may be necessary to make a controlled commodity but not sufficient to produce a commodity that operates above defined control levels. Software presents challenges under the specially designed standard. And the limits on self-classification for certain information security or encryption are also exceptions to the general rules. Every export control manager and every export control counsel must understand the principles for determining jurisdiction and proper classification of technology and software.