1.  What are the export controls to which the above clause refers, and where can I find details of them ?
 
As a general matter the following may serve as an initial pointer:
 
There are several agencies that administer export-licensing/control programs.  Depending on the products and the intended countries of export, generally the two most relevant agencies are the Office of Foreign Assets Control (“OFAC”), a unit of the U.S. Treasury Department and the Bureau of Export Administration (“BXA”), a unit of the U.S. Commerce Department.

OFAC enforces a series of embargoes (codified at 31 C.F.R. Part 500 et seq.) that prohibit or limit business activities in several countries, including Iran, Cuba, North Korea, Libya, Iraq, Sierra Leone, Burma (Myanmar), Taliban (in Afganistan), Sudan, Federal Republic of Yugoslavia (Serbia and Montenegro), and UNITA (Angola).  This list can and does change from time to time, based on U.S. foreign policy considerations. 
   
BXA administers the export control rules contained in the Export Administration Regulations (“EAR”) (codified at 15 C.F.R. §§730-774).  Under the EAR, an “export” of software or technical data – actual or “deemed” – may sometimes require an export license from the BXA.  That legal determination usually revolves around two central factors:  (a) the nature or sensitivity of the software or technical data and (b) the nationality of the recipient.  The EAR may also bar exports to certain parties based on the likely or actual end use (e.g., for development of weapons of mass destruction) or to certain designated persons (e.g., terrorists, narcotics traffickers, etc.).
 
A word of warning - these are often very technical regulations and may require significant review.  However, it really depends on the type of software and the recepient whether there is cause for concern.
 
Mattias Hallendorff

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