15 C.F.R. §734.2 - Subject to the EAR
| Cite as | 15 C.F.R. §734.2 |
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9 cases
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Bernstein v. U.S. Dept. of State, C-95-0582 MHP.
...EAR out of the United States, or release of technology or software subject to the EAR to a foreign national in the United States...." 15 C.F.R. § 734.2(b)(1). The encryption regulations add a specific definition of export for encryption source code and object code software controlled under ......
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Junger v. Daley, 1:96-CV-1723.
...making the software available takes precautions adequate to prevent unauthorized transfer of such code outside the United States." 15 C.F.R. § 734.2(b)(9). The Export Regulations forbid the transfer of certain encryption software outside the United States. Unless very difficult precautions ......
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United States v. Zhen Zhou Wu, 11-1115
...an "NS Column 1" country (e.g., Hong Kong) when the items are "intended for reexport" to an "NS Column 2" country (e.g., China). See 15 C.F.R. § 734.2(b)(6). Under such circumstances, it would be duplicative to require that the freight-forwarder or reexporter in the "NS Column 1" country al......
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United States v. Yufeng Wu
...in an “NS Column 1” country (e.g., Hong Kong) when the items are “intended for reexport” to an “NS Column 2” country (e.g., China). See15 C.F.R. § 734.2(b)(6). Under such circumstances, it would be duplicative to require that the freight-forwarder or reexporter in the “NS Column 1” country ......
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6 firm's commentaries
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Security Clearances And Technology Licenses
...is involved, then IV applicants are subject to ITAR licensing requirements equally susceptible to refusal or revocation. Footnotes 15 CFR 734.2(b)(2)(ii) and 736.1,2: 22 CFR 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......
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Export Control Enforcement: What to Expect (and What Not to Expect) During the Obama Administration
...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 agencies' The Directora......
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H-1B and L-1 Employers Must Certify Compliance with U.S. Export Control laws
...technology or technical data to foreign nationals in the United States as an export – even if provided to them by their employer. See 15 CFR § 734.2(b)(2)(ii)); 22 CFR § 120.17(a)(3). Therefore, if an export license would be required to export EAR-controlled technology or ITAR-controlled te......
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Deemed Exports and Hiring of Foreign Nationals: Time to Reevaluate?
...the item is also controlled unless it is “publicly available.” These terms are in quotations because they are defined under 15 CFR 772 and 15 CFR 734. As a general rule, production and development technology is defined in a way which comports with its normal meaning. “Use” technology, howev......
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5 books & journal articles
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Balancing Free Trade with National Security What Every Alabama Attorney Should Know about International Trade Controls, 0313 ALBJ, 74 The Alabama Lawyer 96 (2013)
...77 Fed. Reg. 49697 (Aug. 16, 2012), available at https://federalregister.gov/a/ 2012-20378. [8] [8] 15 C.F.R. § 730.5(a) (2012); 15 C.F.R. § 734.2(b)(4)-(8) [9] [9] 15 C.F.R. § 730.5(c) (2012); 15 C.F.R. § 734.2(b) (2012). [10] [10] See 15 C.F.R. § 734.2(b)(3)(i)-(iii) (2012). [11] [11] See......
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Triggering Parent Company Liability Under United States Sanctions Regimes: The Troubling Implications of Prohibiting Approval and Facilitation
...and technologies if they are of U.S. origin and meet certain threshold con-tent requirements. See Export Administration Regulations, 15 C.F.R. § 734.2 (Oct. 1, 2002).Many non-U.S. companies that re-export U.S.-origin goods to a sanctioned country such asIran or Libya are thus liable under t......
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At the Intersection of Export Control Regulations and Employment Discrimination Law
...nationals are considered to be citizens of their most recentcountry of citizenship or permanent residence for licensing purposes.817615 C.F.R. § 734.2(b)(1) (2007).77Id. § 734.1(b)(3).7815 C.F.R. pt. 772 (2007). Development is further defined as relating ‘‘to all stages prior toserial produc......
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Technology and Export Law
...from the Bureau of Industry and Security (BIS).61. 15 C.F.R § 734. 2. 58 Fed. Reg. 39283 (July 22, 1993). 3. 15 C.F.R § 734. 4. 15 C.F.R § 734.2(b). 5. 15 C.F.R. § 734.2(b)(3)(i). 6. Bureau of Industry and Security (BIS), Technology and Export Law 61 62 Immigration Compliance and Best Pract......
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