Inquiry Regarding Export Classification (ECCN / EAR99) for OpenAI API

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1

Dear OpenAI Team,

We are currently conducting an export compliance review (EAR classification) for third-party software and services used in one of our software products.

As part of this review, we are trying to determine the official export classification of OpenAI API.

We searched the publicly available documentation, legal information, and Trust Center on the OpenAI website, but could not find any information regarding the export classification of OpenAI API.

Could you please confirm the export classification for OpenAI API?

Specifically, we would appreciate it if you could let us know:

  • The ECCN (Export Control Classification Number), if applicable; or
  • Whether OpenAI API is classified as EAR99.

If there is any official documentation or public reference regarding the export classification of OpenAI API, we would greatly appreciate it if you could share it with us.

If this inquiry should be handled by another team (such as Legal, Compliance, or Export Control), we would appreciate it if you could forward it to the appropriate department or let us know the correct point of contact.

Thank you very much for your time and assistance. We look forward to your reply.

Best regards,

Pham Van Chiem

2

I sent an inquiry to support@openai.com, and they responded as follows. Therefore, the issue has been resolved.

"
Thank you for your patience. OpenAI provides access to the OpenAI API as a service; we do not provide customers with a copy of the underlying AI models or model weights.

Services do not have an Export Control Classification Number (ECCN), and providing a service is not an “export” or “reexport” as defined under the Export Administration Regulations. OpenAI’s trade-control terms are also available in Section 16.11 of the OpenAI Services Agreement.

Best,
"