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MOBILE APP DEVELOPER QUESTIONNAIRE This questionnaire is provided by and for Huawei Mobile Service platform and as such does not represent an agreement nor contract between the App developer and Huawei Mobile Services and/or any Huawei affiliate. This questionnaire also does not obviate the App developer’s need to seek legal advice nor any obligations of the App developer with regards to any legal matter. Content Partner Name: Name of App or Game: Content Partner Contact Name: Content Partner Email: For clarification any app that originates in the US is likely to be subject to Export Administration Regulations (“EAR”) unless it is distributed for free to the public and does not use encryption for confidentiality (or that encryption has been properly notified to the US government). In addition, foreign developed apps that include US-origin content are subject to the EAR unless US-origin content accounts for less than 25% of the app’s value. 1. For what business models does your App require support and what is the charging approach if you have a paid app or premium subscription? Business Model Mark YES or NO Charging Approach (Detail payment approach) Free App Paid App Premium Subscription In-App Purchases The following two questions will help to determine US and other export control requirements for upload of your app(s) to Huawei App Gallery servers (which are expected to be located outside the US) and for downloads of the app(s) to device owners around the world. Under the US Export Administration Regulations (“EAR”), there are three basic questions that need to be answered when software is made available to end users (e.g., Huawei device owners): (1) is the app developed and made available outside the US “subject to the EAR”?; (2) what is the “export control classification number” assigned to the app?; and (3) what are the country(ies) of destination? Your answers to those questions must be your own, based on your own information and your own understanding of export control rules. To learn more about those rules, you can visit the website of the US Bureau of Industry and Security, which administers US export control rules. This website includes the regulations related to export control, including EAR Sections 734.2 and 734.3 for “subject to the EAR” and the Commerce Control List for export classification. This website also includes guidance on what is “subject to the EAR” (such as advisory opinions, FAQs, and BIS training), and on how to classify items for export purposes (such as an order of review decision tool). For more information, BIS contact information may be found here. THIS INFORMATION IS NOT LEGAL ADVICE. IT IS THE DEVELOPER’S RESPONSIBILITY TO MAKE ACCURATE EXPORT CONTROL DETERMINATIONS TO SUPPORT BUSINESS COLLABORATION WITH HUAWEI. 2. What is the Export Control Classification Number (ECCN) of your App, based on the Commerce Control List (CCL)? Please see the chart below for summary guidance on possible ECCNs.1 ECCN Explanation 5D002 ECCN 5D002 controls certain, specified software related to ECCN 5A002 (cryptographic information security), 5A003 (non-cryptographic information security), or 5A004 (defeating, weakening or bypassing information security). This includes software that (i) uses encryption for confidentiality of communications or storage of data and (ii) has not been classified as “mass market” software, with certain exceptions (including in some cases where information security is not the primary function of the software, as explained in Note 3.b to Category 5 - Part 2 of the US Export Administration Regulations (EAR)). 5D992 ECCN 5D992 controls: information security software having functions not falling under ECCN 5D002; software that would fall under ECCN 5D002 but is classified as mass market encryption software in accordance with §§ 740.17(b) & 740.17(e)(3) of the EAR through appropriate submissions to the US Bureau of Industry and Security – items that qualify as “mass market” are explained in Note 3.a to Category 5 - Part 2 of the EAR (see link above under 5D002). Other CCL Categories If the App provides specialized functions that are listed in another category of the CCL, you should identify the appropriate ECCN. Some CCL categories that you may wish to consider are Category 4 (Computers) and Category 5, Part 1 (Telecommunications), but note that neither of these categories is applicable simply because your App is designed for mobile communications devices. EAR99 If the App falls under US Department of Commerce jurisdiction and is not listed on the CCL, it is designated as EAR99. Not Subject to the EAR This includes Apps with no US-origin content (except that such Apps become subject to the EAR when brought to the United States). Other items not subject to the EAR are described in EAR Part 734. Under § 734.3(b)(3), for example, information and software that are “published” are not subject to the EAR. For more information regarding “published” software, see EAR § 734.7 (including § 734.7(b), which states that published encryption software classified under ECCN 5D002 remains subject to the EAR, absent certain required actions). 1 This chart provides an incomplete summary of US law. You may wish to confirm the correct ECCN classification of your App with your legal advisor. 3. If you are not based in the United States, does your App include US-origin software or technology? If yes, please provide a brief description of the US software or technology, how it is used in your app, whether it is open source or not, and what the ECCN is (if you know the source it may be possible to receive the ECCN from the source). 4. Is your App content dynamic or static? App Content Mark YES or NO Static Dynamic Own Website Google 3rd Party Website If dynamic, please advise if the content comes from your website, Google’s or another 3rd Party website. If dynamic, how frequently will you provide new content to your App users, please provide details? 5. Does your website mirror your App functionality or add more user options? If yes, please describe. 6. Does your App utilize a database, connect through your website with a database, or fetch data from any 3rd party service? If so, please describe. 7. What languages do your App and your Website support, please provide details? Languages Supported App Website 8. Does your App do any of the following? Check all that apply, and please provide details. Does your app… Mark Y/N If Yes, Details/Comments Handle Banking or Monetary Transactions? Handle Medical Data or Medical applications? Communicate over secure channels? Compress, code, or recode any data? Access, contain, implement or incorporate any encryption? Require User Authentication or can anybody install and use it? 9. Does your App require any of the below listed service integrations? Please put checkmark in “Yes” or “No” column. Function YES NO If Yes, Detail the app functionality or consumer experience it enables. 1 Google Auth 2 Google Mobile Ads/AdMob 3 Google Cloud Message (Firebase Cloud Message） 4 Google Location 5 Google Maps 6 Google Analytics 7 Google Play Games Service 8 Google Wallet 9 Google Play IAP 10 Google Drive 11 Google Places 12 Google Instant App 13 Google + 14 Google Identity 15 Google Awareness 16 Google Fitness 17 Google Cast 18 Mobile Vision 19 Google Nearby 20 Google Panorama Viewer 21 Google Play Protect (SafetyNet & Security) 22 Google Wear 23 FIDO 24 Google Tag Manager 26 Unity 27 DRM 28 Other 10. Does your App integrate with any Social Media platform(s)? Please list others in the “Platform” column below. Platform Mark YES or NO If Yes, Details/Comments Facebook Instagram WhatsApp Twitter Linked In WeChat Other
