[company name] and Trade Controls

[company domain], [company name] [company server], and the information you upload to either product may be subject to trade control regulations, including under the U.S. Export Administration Regulations (the EAR).

[company name]’s vision is to be the global platform for developer collaboration, no matter where developers reside. We take seriously our responsibility to examine government sanctions thoroughly to be certain that users and customers are not impacted beyond what is required by law. This includes keeping public repository services, including those for open source projects, available and accessible to support personal communications involving developers in sanctioned regions. This also means [company name] will advocate for developers in sanctioned regions to enjoy greater access to the platform and full access to the global open source community.

As a result of our advocacy and hard work with U.S. regulators, [company name] previously secured a license from the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) to restore our cloud services to developers in Iran. And we continue to work with U.S. regulators to secure similar licenses to offer collaboration services to developers in other sanctioned regions. We are committed to advocating for the broadest possible developer access, as we believe offering code collaboration services for developers in sanctioned regions makes the global developer community stronger, advances human progress, and supports the enduring U.S. foreign policy of promoting free speech and the free flow of information. For information about the license we secured for developers in Iran, read the blog post.

Although we've provided the following information below for your convenience, it is ultimately your responsibility to ensure that your use of [company name]'s products and services complies with all applicable laws and regulations, including U.S. export control laws.

Export overview

[company domain]

Under our Terms of Service, users may only access and use [company domain] in compliance with applicable law, including U.S. export control and sanctions laws.

Users are responsible for ensuring that the content they develop and share on [company domain] complies with the U.S. export control laws, including the EAR and the U.S. International Traffic in Arms Regulations (ITAR). The cloud-hosted service offering available at [company domain] has not been designed to host data subject to the ITAR and does not currently offer the ability to restrict repository access by country. If you are looking to collaborate on ITAR- or other export-controlled data, we recommend you consider [company server], [company name]'s on-premises offering.

[company name] now has a license from OFAC to provide cloud services to developers located or otherwise resident in Iran. This includes all public and private services for individuals and organizations, both free and paid.

[company name] cloud services, both free and paid, are also generally available to developers located in Cuba.

Specially Designated Nationals (SDNs), other denied or blocked parties under U.S. and other applicable law, and certain government officials, may be restricted from accessing or using [company domain]. Additionally, users may not use [company domain] for or on behalf of such parties, generally including the Governments of sanctioned countries. Furthermore, [company domain] may not be used for purposes prohibited under applicable export control laws, including prohibited end uses described in 15 CFR 744.

[company name] Enterprise Server

[company server] is a self-hosted virtual appliance that can be run within your own datacenter or virtual private cloud. As such, [company server] can be used to store ITAR- or other export-controlled information, although, end users are nonetheless responsible for ensuring compliance with the ITAR and other applicable export controls.

[company server] is a commercial, mass-market product and has been assigned the Export Control Classification Number (ECCN) of 5D992.c and may be exported to most destinations with no license required (NLR).

[company server] may not be sold to, exported, or re-exported to any country listed in Country Group E in Supplement No. 1 to part 740 of the EAR or to the following regions of Ukraine: Crimea and the separatist areas of Donetsk and Luhansk. The countries listed currently include Cuba, Iran, North Korea, Syria, Russia, and Belarus, but this list is subject to change.

[company name] [company product]

[company name] [company product] is a commercial, mass-market product and has been assigned the Export Control Classification Number (ECCN) of 5D992.c and may be exported to most destinations with no license required (NLR).

[company name] [company product] may not be sold, exported, or re-exported to any embargoed destination or a country listed in Country Group E in Supplement No. 1 to part 740 of the EAR without authorization. These destinations currently include Cuba, Iran, North Korea, Russia, Belarus, and the following regions of Ukraine: Crimea/Sevastopol and the separatist areas of Donetsk and Luhansk. This list is subject to change.

Frequently asked questions

On which countries and territories are U.S. government sanctions applied?

Crimea, the separatist areas of Donetsk and Luhansk, Cuba, Iran, and North Korea. With respect to Iran, however, [company name] now has a license from the U.S. Treasury Department's Office of Foreign Assets Control (OFAC) to provide cloud services to developers located or otherwise resident in that country. [company name] cloud services, both free and paid, are also generally available to developers located in Cuba.

How is [company name] ensuring that folks not living in and/or having professional links to the sanctioned countries and territories still have access or ability to appeal?

In the rare instance that an account is affected unintentionally or in error, we have an appeal process to address such instances.

If an individual user or organization owner believes that they have been flagged in error, then that user has the opportunity to appeal the flag by providing verification information to [company name]. If [company name] receives sufficient information to verify that the user or organization is not affiliated with a U.S.-sanctioned jurisdiction for which we do not have a license or otherwise restricted by U.S. economic sanctions, then the flag will be removed. Please contact Support for assistance.

Will traveling in these regions be impacted?

Travel in these regions may impact your account status, but availability may be reinstated once you are outside of the sanctioned region.

What is available and not available?

[company name] now has a license from OFAC to provide cloud services to developers located or otherwise resident in the U.S.-sanctioned country of Iran. The license includes all public and private services for individuals and organizations, both free and paid. [company name] cloud services, both free and paid, are also generally available to developers located in Cuba.

[company name] is committed to continuing to offer free public repository services to developers with individual and organizational accounts in Crimea and the separatist areas of Donetsk and Luhansk. This includes limited access to free services, such as public repositories for open source projects (and associated public Pages), public gists, and allotted free Action minutes, for personal communications only, and not for commercial purposes.

For paid organizational accounts in these sanctioned regions, users may have limited access to their public repositories, which have been downgraded to archived read-only repositories. For free organizational accounts in these sanctioned regions, however, users will continue to have full access to free public repositories for open source projects (and associated public Pages), public gists, and allotted free Action minutes.

[company name] will continue advocating with U.S. regulators for the greatest possible access to code collaboration services to developers in sanctioned regions, including private repositories. We believe that offering those services advances human progress, international communication, and the enduring U.S. foreign policy of promoting free speech and the free flow of information.

Specially Designated Nationals (SDNs), other denied or blocked parties under U.S. and other applicable law, and certain government officials may be restricted from accessing or using [company name], wherever located. Users may not use [company domain] for or on behalf of such parties, generally including the governments of sanctioned countries.

[company name] services are not available to developers located or otherwise resident in North Korea.

How do you define these specific users?

If [company name] determines that a user or customer is located in a region that is subject to U.S. trade control restrictions for which [company name] does not yet have a license from the U.S. government, or a user is otherwise restricted under U.S. economic sanctions, then the affiliated account will be restricted to comply with those legal requirements. The determination of user and customer location to implement these legal restrictions are derived from a number of sources, including IP addresses and payment history. Nationality and ethnicity are not used to flag users for sanctions restrictions.

How are organization accounts impacted?

If an organization is based out of, or the key individuals or membership of an organization shows sufficient ties to, a sanctioned territory or country for which [company name] does not yet have a license from the U.S. government, or if the organization otherwise appears to be subject to U.S. economic sanctions, then the organization account and the affiliated owner account will be restricted.

The restriction suspends access to private repository services and paid services, such as availability of free or paid private repositories, secret gists, paid Action minutes, Sponsors, and [company name] Marketplace services. For paid organizational accounts associated with such sanctioned regions, users may have limited access to their public repositories, which have been downgraded to archived read-only repositories. For free organizational accounts associated with such sanctioned regions, users will continue to have full access to free public repositories for open source projects (and associated public Pages), public gists, and allotted free Action minutes.

Can trade-restricted users’ private repositories be made public?

Free individual account users can make restricted private repositories public, for personal communications only, and not for commercial purposes. Users can do this by navigating to the repository settings tab and clicking the "make public" button. Once the repository is public, users have access to public repositories services. This action cannot be undone.

Can trade-restricted users access private repository data (e.g. downloading or deletion of repository data)?

Unfortunately, our understanding of the law does not give us the option to allow downloads or deletion of private repository content, until otherwise authorized by the U.S. government, for specific categories of trade restrictions. We will strongly advocate, with U.S. regulators, for the right of trade-restricted users to secure the contents of their private repositories. We will also advocate for more availability of [company name] services for developers in sanctioned markets, and further underscore the importance of code collaboration in supporting personal communications for developers globally.

Under the license [company name] has received from OFAC, which types of accounts will be available in Iran?

The license we have secured includes all public and private services, for individuals and organizations, both free and paid.

For example, a developer in Iran may sign up for a Free or Pro plan for their individual use, and an Iranian university may set up an organization account to collaborate with students.

Specially Designated Nationals (SDNs), other denied or blocked parties under U.S. and other applicable law, and certain government officials may be restricted from accessing or using [company name].

If [company name] determines that an individual or organization falls into a restricted category (SDNs, other blocked parties, or certain government officials), their account will be flagged and they will not be able to use any [company name] features. If they believe that they have been flagged in error, then they have the opportunity to appeal the flag by providing verification information to [company name]. Please contact Support for assistance if needed. If [company name] receives sufficient information to verify that the individual is not in a category restricted by U.S. economic sanctions, then the flag will be removed.

Will Iranian [company name] users be able to use paid services under the license?

Pursuant to the license we have received from OFAC, we are restoring all cloud services to Iranian users, including paid services. We accept all major credit cards, but third parties process payments for us, so payments are subject to the terms and conditions of our payment processors. Those third parties may include restrictions that block payments from Iran.

Can you clarify availability of [company name] to Cuban developers?

[company name] cloud services, both free and paid, are generally available to developers located in Cuba.
Specially Designated Nationals (SDNs), other denied or blocked parties under U.S. and other applicable law, and certain government officials may be restricted from accessing or using [company name], wherever located. Additionally, users may not use [company domain] for or on behalf of such parties, generally including the Governments of sanctioned countries.