HOME USE ONLY CD-ROM FOR LES

UNCLAS SAN SALVADOR 002644

SIPDIS

STATE FOR IRM/OPS/ITI/SI/AV
USDOC FOR 3134/USFCS/OIO/WH/DDEVITO/BARTHUR
USDOC ALSO FOR ITA/MAC/MSIEGELMAN

E.O. 12958: N/A
TAGS: KVIR AADP ACOA ASEC AMGT OIIP KRIM KPAO ES
SUBJECT: HOME USE ONLY CD-ROM FOR LES

REF: STATE 100359


1. The following information is provided in response to the
request made in Para. 7 of reftel:

SAN SALVADOR DCM, ECONOFF, FCSO, and IMO
--------------
Deputy Chief of Mission: Michael Butler
Economic Officer: David Krzywda
FCSO: Mary Boscia
IMO: Dale Rice

Compliance with Local Laws
--------------
Post is unable to certify that distribution of Symantec anti-
virus software to locally employed staff (LES) would not
violate Salvadoran law.

--The proposed distribution may violate commercial law
provisions that protect exclusive distributorships. Post
lacks information on IRM/.../AV's license agreement with
Symantec--as well as information on Symantec's regional
distribution agreements--necessary to make an assessment.
(Note: The local Business Software Alliance representative
told emboff that there is no local distributor for Symantec
software in El Salvador. End note.)

--Post believes that distribution of anti-virus software to
LES would not violate Salvadoran intellectual property law.
However, a lawyer at a prominent Salvadoran law firm told
econoff that to "certify" that distribution of the software
would not violate the law would require extensive legal
analysis, for which post has not budgeted resources.

--Based on previous experience in importing and distributing
copyright material free of charge, Post believes that the
import and distribution of the software would fall within
diplomatic privileges with respect to 1) the use of the
diplomatic pouch and 2) exemption from customs duties and
other taxes.

Butler