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‎Policies/other-site-policies/github-and-trade-controls.md‎

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@@ -18,7 +18,7 @@ GitHub.com, GitHub Enterprise Server, and the information you upload to either p
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GitHub’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 GitHub will advocate for developers in sanctioned regions to enjoy greater access to the platform and full access to the global open source community.
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As a result of our advocacy and hard work with U.S. regulators, GitHub has 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 will continue to work with U.S. regulators to secure similar licenses to offer collaboration services to developers in other sanctioned regions, such as Syria and Crimea. 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](https://github.blog/2021-01-05-advancing-developer-freedom-github-is-fully-available-in-iran).
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As a result of our advocacy and hard work with U.S. regulators, GitHub 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](https://github.blog/2021-01-05-advancing-developer-freedom-github-is-fully-available-in-iran).
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Although we've provided the following information below for your convenience, it is ultimately your responsibility to ensure that your use of GitHub's products and services complies with all applicable laws and regulations, including U.S. export control laws.
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GitHub Copilot 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).
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GitHub Copilot may not be sold, exported, or re-exported to any embargoed destination or a country listed in Country Group E:1 in Supplement No. 1 to part 740 of the EAR without authorization. These destinations currently include Cuba, Iran, North Korea, Syria, Russia, Belarus, and the following regions of Ukraine: Crimea/Sevastopol and the separatist areas of Donetsk and Luhansk. This list is subject to change.
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GitHub Copilot may not be sold, exported, or re-exported to any embargoed destination or a country listed in Country Group E:1 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.
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## Frequently asked questions
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### On which countries and territories are U.S. government sanctions applied?
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Crimea, the separatist areas of Donetsk and Luhansk, Cuba, Iran, North Korea, and Syria. With respect to Iran, however, GitHub 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. GitHub cloud services, both free and paid, are also generally available to developers located in Cuba.
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Crimea, the separatist areas of Donetsk and Luhansk, Cuba, Iran, and North Korea. With respect to Iran, however, GitHub 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. GitHub cloud services, both free and paid, are also generally available to developers located in Cuba.
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### How is GitHub ensuring that folks not living in and/or having professional links to the sanctioned countries and territories still have access or ability to appeal?
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In the rare instance that an account is affected unintentionally or in error, we have an appeal process to address such instances.
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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 GitHub. If GitHub 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 see [individual account appeals request form](https://airtable.com/shrGBcceazKIoz6pY) and [organizational account appeals request form](https://airtable.com/shrB2je5RBkqLEt5D).
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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 GitHub. If GitHub 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](https://support.github.com/request) for assistance.
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### Will traveling in these regions be impacted?
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Travel in these regions may impact your account status, but availability may be reinstated once you are outside of the sanctioned region and upon submitting a successful [individual account appeals request](https://airtable.com/shrGBcceazKIoz6pY) or an [organizational account appeals request](https://airtable.com/shrB2je5RBkqLEt5D).
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Travel in these regions may impact your account status, but availability may be reinstated once you are outside of the sanctioned region.
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### What is available and not available?
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GitHub 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. GitHub cloud services, both free and paid, are also generally available to developers located in Cuba.
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GitHub is committed to continuing to offer free public repository services to developers with individual and organizational accounts in Syria, 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.
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GitHub 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.
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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.
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GitHub will continue advocating with U.S. regulators for the greatest possible access to code collaboration services to developers in sanctioned regions, such as Syria and Crimea, 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.
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GitHub 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.
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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 GitHub, wherever located. Users may not use GitHub.com for or on behalf of such parties, generally including the Governments of sanctioned countries.
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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 GitHub, wherever located. Users may not use GitHub.com for or on behalf of such parties, generally including the governments of sanctioned countries.
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GitHub services are not available to developers located or otherwise resident in North Korea.
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### Can trade-restricted users access private repository data (e.g. downloading or deletion of repository data)?
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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. 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 GitHub services for developers in sanctioned markets, and further underscore the importance of code collaboration in supporting personal communications for developers globally.
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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 GitHub services for developers in sanctioned markets, and further underscore the importance of code collaboration in supporting personal communications for developers globally.
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### Under the license GitHub has received from OFAC, which types of accounts will be available in Iran?
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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 GitHub.
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If GitHub 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 GitHub 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 GitHub using our [individual account appeals request form or organization account appeals request form](https://airtable.com/shrGBcceazKIoz6pY). If GitHub 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.
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If GitHub 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 GitHub 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 GitHub. Please contact [Support](https://support.github.com/request) for assistance if needed. If GitHub 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.
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### Will Iranian GitHub users be able to use paid services under the license?
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