Linux Foundation Warns Open Source Developers: Compliance with Sanctions Is Not Optional

The Linux Foundation is urging open source developers to heed global sanctions in a strongly worded advisory, highlighting the increasing legal risks associated with international regulations.

As the global regulatory environment intensifies, open source projects must navigate complex compliance requirements, including international sanctions.

Recent regulations, such as the EU’s Cyber Resilience Act, have prompted open source communities to educate policymakers and secure exemptions for open source contributions. However, older trade and sanctions laws, such as those enforced by the U.S. Office of Foreign Assets Control (OFAC), were never designed with open collaboration in mind. The Linux Foundation is warning developers and maintainers of open source projects of the ramifications of transactions with sanctioned countries.

Understanding OFAC Sanctions#

OFAC sanctions are U.S. regulations that restrict or prohibit transactions with specific countries, organizations, and individuals. While they were historically focused on financial transactions, these restrictions can also apply to interactions within the open source community.

For developers, this means that contributing to or accepting contributions from sanctioned entities could potentially violate these regulations. OFAC rules operate on a “strict liability” basis, meaning ignorance of the law is not a defense—violations can result in serious penalties.

OFAC maintains a Specially Designated Nationals (SDN) list, which names sanctioned individuals and entities. Additionally, organizations owned 50% or more by sanctioned parties are automatically covered by these restrictions. While open source projects are typically built on the principles of open access and unrestricted participation, these legal constraints introduce new challenges.

Key Takeaways for Developers#

The Linux Foundation’s stance on sanctions is one of reluctant compliance rather than endorsement. Open source communities have long operated on the principle of neutrality, but international regulations are forcing projects to adapt. The advisory states:

It is disappointing that the open source community cannot operate independently of international sanctions programs, but these sanctions are the law of each country and are not optional. Many developers work on open source projects in their spare time, or for fun. Dealing with U.S. and international sanctions was unlikely on the list of things that most (or very likely any) open source developers thought they were signing up for. We hope that in time relevant authorities will clarify that open source and standards activities may continue unabated. Until that time, however, with the direct and indirect sponsorship of developers by companies, the intersection of sanctions on corporate entities leaves us in a place where we cannot ignore the potential risks.

Here are some of the major takeaways from the Linux Foundation's guidance on navigating sanctions:

• Compliance with sanctions is not optional. Violating sanctions, even unknowingly, can result in severe penalties.
• Sanctions go beyond financial transactions. Even non-monetary open source contributions like code submissions or technical discussions may be restricted.
• The OFAC SDN list is not exhaustive. Some organizations or developers may be indirectly affected by sanctions due to ownership rules.
• Two-way collaboration may be restricted. While reviewing an unsolicited patch might be acceptable, engaging in back-and-forth discussions with a sanctioned contributor could violate compliance rules.
• Maintainers must be cautious about contributions. Accepting patches from sanctioned contributors or regions could create legal risks.
• Legal advice is strongly recommended. If unsure, developers should consult a legal expert rather than risk non-compliance.

Why This Matters for Open Source Projects#

Sanctions laws can directly impact open source communities in several ways:

• Restrictions on Contributors: Some developers may be unable to participate in projects if they are from sanctioned regions or work for restricted entities.
• Legal Risks for Maintainers: Accepting or collaborating on contributions from sanctioned individuals could expose maintainers and organizations to legal consequences.
• Barriers to Collaboration: The spirit of open source is global cooperation, but these regulations may force projects to implement compliance checks that limit who can contribute.

In one recent example from October 2024, sanctions hit the Linux kernel and the project moved to block several Russian contributors. Around a dozen Russian maintainers were removed from the official MAINTAINERS file, with project leaders citing compliance concerns. This move came amid increasing U.S. and international sanctions targeting Russian technology companies and developers, making it more difficult for them to engage in global open source projects.

This action was controversial, with critics arguing that it contradicts the open nature of free software and unfairly punishes developers for geopolitical conflicts beyond their control. They contend that the Linux Foundation forced the issue in order to shield themselves from any potential action the government could take.

This sobering decision is the byproduct of growing tensions between open source ideals and geopolitical realities. While the Linux kernel community did not explicitly cite OFAC regulations, the removals demonstrate how maintainers and organizations are preemptively limiting participation to avoid potential legal risks. As governments use sanctions as a tool against technology firms and developers, open source maintainers must be aware of their legal obligations.

The Linux Foundation’s Advice on Sanctions#

The Linux Foundation is advising developers and maintainers to be mindful of international sanctions when working on open source projects. While it acknowledges that the application of these sanctions to open source is not always well-defined, the Foundation warns that transactions with sanctioned entities or individuals, even in non-monetary forms like code contributions, could pose legal risks.

The advisory recommends developers review the OFAC SDN list, avoid unnecessary interactions with contributors from sanctioned regions, and seek legal advice when in doubt. Ultimately, the Linux Foundation’s position is that compliance with these regulations is unavoidable, even though it remains a frustrating and complex issue for the open source community.

The Future of Open Source in a Regulated World#

While open source communities thrive on inclusivity and collaboration, international regulations are an unavoidable reality. Developers, maintainers, and organizations must strike a balance between staying legally compliant and preserving the openness that makes open source so powerful. The hope is that as authorities refine these laws, they will provide clearer exemptions for open source projects to ensure that global collaboration remains possible.