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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.[83]  Under the Immigration and
Nationality Act,[84] as revised by the immigration act of 1990,[85] an
alien who seeks entry to the U.S. to engage in activities that violate
or evade export control laws is excludable.[86]  Similarly, an alien
who has engaged, is engaged, or at any time after entry engages in
such activities is deportable.[87]


[83] For a detailed discussion see generally Rubinstein, ``Export
Controls and Immigration Law,'' 93-3 Immigration Briefings (Mar.

[84] 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

[85] Immigration Act of 1990, Pub. L. No. 101-649, 104 Stat. 4978
(hereinafter IMMACT 90).

[86] INA \S 212(a)(3)(A)(i)(II), 8 USC \S 1182(a)(3)(A)(i)(II).

[87] 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]