U.S. and other nations' trade and export laws control where CA Technologies can send its products and/or services. This includes exports from the U.S. into other countries, especially when the products exported contain components, technology or technical data of U.S. origin and provision of services or support to non-U.S. persons.
These rules apply to transactions between CA Technologies and other companies and also include transactions entered into between other companies and CA Technologies affiliates, joint ventures, and subsidiaries.
What constitutes an 'export' is broadly defined under the law. Since CA Technologies is a U.S.-based company, our products and services are generally considered U.S. origin. Aside from what you would normally consider an export (for example, sending out a disc with our software on it or allowing our software to be downloaded from outside of the U.S.), the following could be considered "an export": exposing or allowing access by non-U.S. (foreign) nationals to U.S. software and U.S. technical data regardless of what country the exposure occurs in; permitting the download of software from the U.S. into a non-U.S. country; and transporting U.S. origin technical data or software on your laptop out of the U.S. and into a non-U.S. country when shared with a non-CA Technologies employee. Exports can also occur through telephone calls, faxes, and emails. U.S. law authorizes CA Technologies to export such items to its subsidiaries, foreign nationals who are employees, contractors or interns if the items are for internal Company use, including 'development' or 'production' of new products.
There are certain prohibitions for transacting business with individuals and organizations that appear on a sanctioned party list posted on government websites. There are also prohibitions against doing business with any person or entity located in certain countries under U.S. embargo. In limited circumstances, an export license could be obtained to transact business with certain of these individuals or organizations.
Additionally, if you know or have reason to know that a proposed transaction (including technical support) would support a proliferation activity, such as nuclear, chemical/biological, or missile proliferation activities, such a transaction would be prohibited except in limited circumstances where an export license could be obtained. If you are in any way involved in sending CA Technologies products, services, software, equipment, technical data or providing support for these items from one country to another, work with your manager to be absolutely sure that the transaction stays well within the bounds of applicable export laws. If you, or your manager, are not sure, please contact a member of the Regulatory Law Group within the Worldwide Law Department.