How Global Regulations and Sanctions Affect Open Source

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This Linux Foundation resource highlights key interactions to avoid.

Open source participation relies on global collaboration, so it’s essential to understand and comply with the regulations and sanctions affecting all involved. Because these legal issues can be tricky to navigate, the Linux Foundation (LF) has put together a resource to help developers and others comply with the applicable laws.

US Office of Foreign Assets Control (OFAC) sanctions, for example, are government regulations that restrict or prohibit interactions (“transactions”) with certain countries, entities, and individuals. According to the OFAC sanctions list, these restricted individuals and companies are called Specially Designated Nationals (SDNs), and “their assets are blocked, and US persons are generally prohibited from dealing with them.”

“This means you need to be cautious about who you interact with and where your contributions come from,” the LF says. Additionally, you should know what these sanctions cover, which can extend to:

  • Financial investments and transactions (e.g., payment for services).
  • Trade (import or export) of goods, technology, or services.
  • Any other property transactions (including intellectual property and contracts).

The following list highlights a few points to be aware of. Be sure to check out the entire list and consult legal counsel immediately if you encounter issues.

  • OFAC’s SDN “list” is not enough – The OFAC SDN list and search tool are not exhaustive, and any analysis cannot solely rely on this list.
  • Avoid two-way engagement – Reviewing an unsolicited patch from a contributor in a sanctioned region should generally be fine but actively engaging them to better understand their issue, diagnose the problem, or help improve a patch or modify code would likely cross the line.
  • Avoid Contributor License Agreements (CLAs) with SDNs.

Note that this LF article only addresses US sanctions. Other countries, including the European Union, United Kingdom, Japan, Australia, Switzerland, China, and others, may have similar sanctions in place.

Read more at the Linux Foundation.
 
 

 
 
 

02/07/2025

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