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Re: Case law re ITAR and export control
>My questions about the above:
>o When does export take place? When the technical data leaves
> the country, or when it is transferred to a foreign party?
> (my guess is the latter, at least with respect to "technical
>o Do I need a license from the State Department if I know
> how to do RSA and I want to go bar-hopping in Tijuana?
> (just kidding, but there's a real question in there
See ITAR section 120.17 for the answers to both questions:
@ 120.17 -- Export.
(1) Sending or taking a defense article out of the United States in any
manner, except by mere travel outside of the United States by a person whose PAGE 19
58 FR 39280, *39285
personal knowledge includes technical data; or
(2) Transferring registration, control or ownership to a foreign person of
any aircraft, vessel, or satellite covered by the U.S. Munitions List, whether
in the United States or abroad; or
(3) Disclosing (including oral or visual disclosure) or transferring in the
United States any defense article to an embassy, any agency or subdivision of a
foreign government (e.g., diplomatic missions); or
(4) Disclosing (including oral or visual disclosure) or transferring
technical data to a foreign person, whether in the United States or abroad; or
(5) Performing a defense service on behalf of, or for the benefit of, a
foreign person, whether in the United States or abroad.
(6) A launch vehicle or payload shall not, by reason of the launching of such
vehicle, be considered an export for purposes of this subchapter. However, for
certain limited purposes (see @ 126.1 of this subchapter), the controls of this
subchapter may apply to any sale, transfer or proposal to sell or transfer
defense articles or defense services.