22 C.F.R. 120.17 - Export

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31 practice notes
  • United States v. Chi Tong Kuok, No. 10–50444.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • January 17, 2012
    ...government the whole time. Kuok, for his part, intended to import the device into Macau, not export it from the United States. See 22 C.F.R. § 120.17(a)(1)(defining “export” as “[s]ending or taking a defense article out of the United States in any manner”). Rather, there was an attempt to c......
  • Defense Distributed v. U.S. Dep't of State, No. 1–15–CV–372 RP.
    • United States
    • United States District Courts. 5th Circuit. Western District of Texas
    • August 4, 2015
    ...(including oral or visual disclosure) or transferring technical data to a foreign person whether in the United States or abroad." 22 C.F.R. § 120.17(a)(4). Plaintiffs argue this definition falls outside Congressional 121 F.Supp.3d 691intent in authorizing restriction of export of defense ar......
  • U.S.A v. Jack, No. 2:07-cr-00266 FCD DAD
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • November 12, 2010
    ...is defined in the federal regulations and means "[s]ending or taking a defense article out of the United States in any manner...." 22 C.F.R. § 120.17(a)(1). The Ninth Circuit has interpreted the term "'willfully' in section 2778(c) to mean that the government must prove that a defendant act......
  • Distributed v. U.S. Dep't of State, No. 15–50759
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • September 20, 2016
    ...(including oral or visual disclosure) or transferring technical data to a foreign person, whether in the United States or abroad.” 22 C.F.R. § 120.17(a)(4).7 In order to resolve doubts about whether an “export” is covered by ITAR, parties may request a “commodity jurisdiction” determination......
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15 cases
  • United States v. Chi Tong Kuok, No. 10–50444.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • January 17, 2012
    ...government the whole time. Kuok, for his part, intended to import the device into Macau, not export it from the United States. See 22 C.F.R. § 120.17(a)(1)(defining “export” as “[s]ending or taking a defense article out of the United States in any manner”). Rather, there was an attempt to c......
  • Defense Distributed v. U.S. Dep't of State, No. 1–15–CV–372 RP.
    • United States
    • United States District Courts. 5th Circuit. Western District of Texas
    • August 4, 2015
    ...(including oral or visual disclosure) or transferring technical data to a foreign person whether in the United States or abroad." 22 C.F.R. § 120.17(a)(4). Plaintiffs argue this definition falls outside Congressional 121 F.Supp.3d 691intent in authorizing restriction of export of defense ar......
  • U.S.A v. Jack, No. 2:07-cr-00266 FCD DAD
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • November 12, 2010
    ...is defined in the federal regulations and means "[s]ending or taking a defense article out of the United States in any manner...." 22 C.F.R. § 120.17(a)(1). The Ninth Circuit has interpreted the term "'willfully' in section 2778(c) to mean that the government must prove that a defendant act......
  • Distributed v. U.S. Dep't of State, No. 15–50759
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • September 20, 2016
    ...(including oral or visual disclosure) or transferring technical data to a foreign person, whether in the United States or abroad.” 22 C.F.R. § 120.17(a)(4).7 In order to resolve doubts about whether an “export” is covered by ITAR, parties may request a “commodity jurisdiction” determination......
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14 firm's commentaries
  • Developing, Disclosing, and Patenting Technology During National Emergencies
    • United States
    • JD Supra United States
    • April 29, 2020
    ...of nuclear materials and equipment, and the Department of Energy controls the export of nuclear technology and technical data. 7 See 22 C.F.R. § 120.17 (defining “export” under ITAR as “releasing or otherwise transferring technical data to a foreign person in the United States”) and 15 CFR ......
  • Security Clearances And Technology Licenses
    • United States
    • Mondaq United States
    • February 16, 2011
    ...equally susceptible to refusal or revocation. Footnotes 15 CFR 734.2(b)(2)(ii) and 736.1,2: 22 CFR 120. 15 CFR 734.2(b)(2) and (3), 22 CFR 120.17(4). 15 CFR 734.2(b)(2). 15 CFR 734.2(b)(3)(i-iii). 22 CFR 120.17a (4-5). 15 CFR 734, 22 CFR 120.10, 11. 15 CFR 734.6. 15 CFR 748.3. 22 CFR 126.9.......
  • Export Control Enforcement: What to Expect (and What Not to Expect) During the Obama Administration
    • United States
    • Mondaq United States
    • June 14, 2010
    ...the United States, but also when technical information is accessed by or made available to foreign nationals within the United States. 22 C.F.R. §120.17; 15 C.F.R. §734.2(b)(2)(ii). The Department of Justice investigates and prosecutes criminal export violations under each of the three agen......
  • Key Export Compliance Issues For 2016
    • United States
    • JD Supra United States
    • February 11, 2016
    ...standards in using “end-to-end encryption” in the revised definition of “export” under proposed 15 CFR §§734.13 and 734.18(a)(4) and 22 CFR §§ 120.17 and 120.52(a)(4), and may issue additional pronouncements regarding other cyber security obligations of exporters.[1] The Department of Defen......
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2 books & journal articles

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