From: jim bell <jimbell@pacifier.com>
Date: Fri, 4 Oct 1996 12:45:50 +0800
To: "Michael Froomkin - U.Miami School of Law" <rp@rpini.com>
Subject: Re: Fw: Re: ITAR satellite provision
Message-ID: <199610032109.OAA11555@mail.pacifier.com>
MIME-Version: 1.0
Content-Type: text/plain


At 02:05 PM 10/3/96 -0400, Michael Froomkin - U.Miami School of Law wrote:
>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. 

Sure about that?  The regulation said something like "launch vehicle" or 
"launch," apparently indicating that a "launch vehicle" could actually be 
exported, THEN launched, etc, without violating ITAR.  And since the 
regulation does not go into any detail about the "launch", other than it is 
a "launch" (and does not explicitly prohibit landing subsequent to launch) 
the implication is that there is no prohibition.

I still think the regulation was just written sloppily.   

Jim Bell
jimbell@pacifier.com