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Risks of ``foreign persons'' under the ITAR
It is usually assumed that a foreign person outside the United States
runs no risks if he posts cryptographic software to the net or
otherwise discloses it to other foreign persons, although technically
that is a violation of the United States International Traffic in Arms
I note, however, that in an article entitled ``Export Controls on
Encryption Software'' by Ira S. Rubenstein, dated October 17, 1994
(which apparently was distributed at some legal conference) the
following passage appears in Section 4(3):
Finally, foreign employees of those companies or any foreign person
who runs afoul of export controls on technology transfers may face
severe immigration consequencs. Under the Immigration and
Nationality Act, as revised by the immigration act of 1990, an
alien who seeks entry to the U.S. to engage in activities that violate
or evade export control laws is excludable. Similarly, an alien
who has engaged, is engaged, or at any time after entry engages in
such activities is deportable.
 For a detailed discussion see generally Rubinstein, ``Export
Controls and Immigration Law,'' 93-3 Immigration Briefings (Mar.
 Immigration and Nationality Act of 1952, Pub. L. No. 82-414, 66
Stat. 163 (codified as amended at 8 USC \S\S 1101-1524) (hereinafter
 Immigration Act of 1990, Pub. L. No. 101-649, 104 Stat. 4978
(hereinafter IMMACT 90).
 INA \S 212(a)(3)(A)(i)(II), 8 USC \S 1182(a)(3)(A)(i)(II).
 OMA \S 21(a)(4)(A)(i), \S 1251(a)(4)(A)(i).
Peter D. Junger--Case Western Reserve University Law School--Cleveland, OH
Internet: [email protected] [email protected]