Difference between revisions of "Issueing Entitlements in bwHPC"

From bwHPC Wiki
Jump to: navigation, search
(Umformulierungen, Beispiele für dne juristischen Sachverhalt entfernt, Verweis auf BMBF-Bröschüre (ist zwar alt, aber wohl noch gültig))
 
(6 intermediate revisions by the same user not shown)
Line 1: Line 1:
The HPC Systems accessible by the bwHPC project are, as any supercomputer, considered dual-use commodities. General information in German is available by the BMBF, cf. https://www.bmbf.de/pub/supercomputer_und_exportkontrolle.pdf.
+
The [[:Category:BwHPC_Cluster|HPC systems]] provided by the bwHPC initiative are, as any supercomputer, considered dual-use commodities and are subjected to export controls as outlined in a [https://www.bafa.de/EN/Foreign_Trade/Export_Control/Export_Control_and_Academia/export_control_academia_node.html guide about "Export Control and Academia"] by the Federal Office for Economic Affairs and Export Control, Germany (BAFA).
   
  +
Therefore, any principal investigator or any user seeking to use the bwUnicluster or one of the bwForClusters has to comply with [https://eur-lex.europa.eu/legal-content/EN-DE/TXT/?from=DE&uri=CELEX%3A32021R0821 European Community Council regulation No 2021/821] as well as with the [http://www.gesetze-im-internet.de/englisch_awg/index.html German Foreign Trade and Payments Act] and [http://www.gesetze-im-internet.de/englisch_awv/index.html German Foreign Trade and Payments Ordinance] which includes:
Therefore, any user seeking to bwUnicluster or bwForCluster has to comply with European and German law, specifically with the “Außenwirtschaftsgesetzes (AWG)” and the “Außenwirtschafts-Verordnung (AWV)”, cf. http://www.ausfuhrkontrolle.info.
 
  +
* no violation regarding embargoed countries and persons
  +
* no violation regarding regulations of dual-use commodities.
   
  +
<br>
The centers providing access will therefore request a commitment, e.g. a signature on a document, from the person responsible for the project running on the ressource.
 
  +
Acknowledged compliance to EU and German regulations (e.g. in a signed statement) is part of the entitlement for bwUniCluster/bwForCluster issued by the home organization of the principal investigator or user.

Latest revision as of 02:03, 14 March 2022

The HPC systems provided by the bwHPC initiative are, as any supercomputer, considered dual-use commodities and are subjected to export controls as outlined in a guide about "Export Control and Academia" by the Federal Office for Economic Affairs and Export Control, Germany (BAFA).

Therefore, any principal investigator or any user seeking to use the bwUnicluster or one of the bwForClusters has to comply with European Community Council regulation No 2021/821 as well as with the German Foreign Trade and Payments Act and German Foreign Trade and Payments Ordinance which includes:

  • no violation regarding embargoed countries and persons
  • no violation regarding regulations of dual-use commodities.


Acknowledged compliance to EU and German regulations (e.g. in a signed statement) is part of the entitlement for bwUniCluster/bwForCluster issued by the home organization of the principal investigator or user.