Case law re ITAR and export control

[Phil Karn]

>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
>	knowledge")

>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
> 	 somewhere.)

See ITAR section 120.17 for the answers to both questions:

@ 120.17 -- Export.

   Export means:

   (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                               
                                                                          FOCUS 

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.