Who is liable under ITAR (was Re: Anguilla Cypherpunks Meeting)

[Peter D. Junger]

Michael Froomkin writes:

: On Thu, 12 Oct 1995, Vincent Cate wrote:
: [..] 
: 
: > If while you are outside the USA you want to write some software that uses
: > encryption and sell it worldwide, let me know.  I could put you up while
: > you wrote it and my company could sell it for share of the selling price. 
: > Let me know what you are thinking of and how long you think it would take. 
: 
: Of course if you are a US person (citizen or green card holder) this is 
: just as much a violation of the ITAR than if you did it from inside the US...

And of course if you are not a US person this is just as much a
violation of the ITAR as if you were a US person.  The ITAR does not
exempt foreign persons from its requirements, though it does make them
ineligible to get a license permitting them to disclose their software
to other foreigners (or even to themselves).

--
Peter D. Junger--Case Western Reserve University Law School--Cleveland, OH
Internet:  junger at pdj2-ra.f-remote.cwru.edu    junger at samsara.law.cwru.edu