From: "Michael Froomkin - U.Miami School of Law" <froomkin@law.miami.edu>
Date: Fri, 4 Oct 1996 06:24:28 +0800
To: Remo Pini <rp@rpini.com>
Subject: Re: Fw: Re: ITAR satellite provision
In-Reply-To: <9610030712.AA02002@srzts100.alcatel.ch>
Message-ID: <Pine.SUN.3.95.961003140348.764J-100000@viper.law.miami.edu>
MIME-Version: 1.0
Content-Type: text/plain


Alas, a common fallacy.

You have committed a prohibited export when the stuff lands outside the
USA....It's not illegal when it goes up ("by reason of the launching" and,
e.g. *stays up* in orbit)  but it is illegal when it comes down abroad. 


On Thu, 3 Oct 1996, Remo Pini wrote:
> > >*   A launch vehicle or payload shall not, by reason of the launching
> > >*   of such vehicle, be considered an export for purposes of this
> > >*   subchapter.
> > Okay, everybody, call Estes!  We've got some crypto to export...er...laun
> > ch!
> If I get the above wording correctly (unicorn, help me!), it is sufficient 
> to put the cryptostuff on a disc in a LAUNCHABLE device, it never says that 
> the payload has to be delivered by air. So, just put that thing in a bag 
> and get it through customs... (or does "by reason of ..." mean that the 
> exclusive means of export allowed is launching ?)
> 

**Benjamin Bradley Froomkin, b. Sept. 13, 1996, 8 lbs 14.5oz 21.5"**
                  **Age two weeks: 9 lbs 12 oz, 23"**
A. Michael Froomkin        | +1 (305) 284-4285; +1 (305) 284-6506 (fax)
Associate Professor of Law | 
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