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