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1186. What activities are considered prohibited “IT support services” and “cloud-based services” for enterprise management software and design and manufacturing software (collectively “Covered Software”) under the determination, “Prohibition on Certain Information Technology and Software Services”, pursuant to Executive Order (E.O.) 14071 (the “IT and Software Services Determination”)?
The IT and Software Services Determination prohibits the exportation, reexportation, sale, or supply, directly or indirectly, from the United States, or by a United States person, wherever located, of both IT support services and cloud-based services for the Covered Software to a person located in the Russian Federation. IT support services include the provision of technical expertise to solve problems for the client in using software, hardware, or an entire computer system. Cloud-based services include the supply of software and associated services via the internet or the cloud, including through Software-as-a-Service (SaaS). See FAQ 1187 for more information on how...
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1) FAQ # 1187 defines terms found within the 6-12-24 Tech Services Determination. The determination applies to:
“the following categories of services: (1) [information technology (IT) consultancy and design services]; and (2) [IT support services] and [cloud-based services] for the following categories of software: [enterprise management software] and [design and manufacturing software],” where each of the bracketed terms have separate definitions given in FAQ # 1187.
FAQ # 1185 and FAQ # 1186 each provide examples of activities that, in light of FAQ # 1187, would meet the definition of “IT support services” and “cloud-based services” for “enterprise management software and design and manufacturing software”.
2) The definitions of the five bracketed terms are all unique to the 6-12-24 Tech Services Determination, and...