15 C.F.R. 734.2 - Subject to the EAR

Cite as15 C.F.R. 734.2
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51 practice notes
  • Part IV
    • United States
    • Federal Register July 02, 2007
    • 2 Julio 2007
    ...national, both in the United States and abroad. Such release is ``deemed'' to be an export to the home country of the foreign national. 15 CFR 734.2(b)(2)(ii). (2) Export-controlled information and technology. Export-controlled information and technology is information and technology subjec......
  • Part IV
    • United States
    • Federal Register January 19, 2010
    • 19 Enero 2010
    ...national, both in the United States and abroad. Such release is ``deemed'' to be an export to the home country of the foreign national. 15 CFR 734.2(b)(2)(ii). (2) Export-controlled information and technology. Export-controlled information and technology is information and technology subjec......
  • Part IV
    • United States
    • Federal Register June 12, 2006
    • 12 Junio 2006
    ...national, both in the United States and abroad. Such release is ``deemed'' to be an export to the home country of the foreign national. 15 CFR 734.2(b)(2)(ii). (2) Export-controlled information and technology. Export-controlled information and technology is information and technology subjec......
  • Iranian Transactions Regulations
    • United States
    • Federal Register October 22, 2012
    • 22 Octubre 2012
    ...of the third country) or is not a protected individual under the Immigration and Naturalization Act (8 U.S.C. Sec. 1324(b)(a)(3)). See 15 CFR 734.2(b)(2)(ii) and Note 2 to Sec. 560.418: The transfer to a foreign national of technology subject to regulations administered by the U.S. Departme......
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8 cases
  • Bernstein v. U.S. Dept. of State, No. C-95-0582 MHP.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
    • 25 Agosto 1997
    ...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 ......
  • United States v. Yufeng Wu, Nos. 11–1115
    • United States
    • United States Courts of Appeals. United States Court of Appeals (1st Circuit)
    • 19 Marzo 2013
    ...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 ......
  • Junger v. Daley, No. 1:96-CV-1723.
    • United States
    • United States District Courts. 6th Circuit. United States District Court of Northern District of Ohio
    • 2 Julio 1998
    ...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 ......
  • United States v. Zhen Zhou Wu, No. 11-1115
    • United States
    • United States Courts of Appeals. United States Court of Appeals (1st Circuit)
    • 19 Marzo 2013
    ...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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7 firm's commentaries
  • Trade Compliance Handbook - Updated Feb. 2015
    • United States
    • JD Supra United States
    • 19 Marzo 2012
    ...EAR out of the United States, or release of technology or software subject to the EAR to a foreign national in the United States. See 15 CFR 734.2(b)(1). (2) Under the ITAR, “export” means: (a) sending or taking a defense article out of the United States in any manner, except by mere travel......
  • Security Clearances And Technology Licenses
    • United States
    • Mondaq United States
    • 16 Febrero 2011
    ...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......
  • Export Control Enforcement: What to Expect (and What Not to Expect) During the Obama Administration
    • United States
    • Mondaq United States
    • 14 Junio 2010
    ...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......
  • Deemed Exports and Hiring of Foreign Nationals: Time to Reevaluate?
    • United States
    • JD Supra United States
    • 3 Mayo 2021
    ...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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