(a) Except as set forth in § 734.17 or § 734.18, Export means:
(1) An actual shipment or transmission out of the United States, including the sending or taking of an item out of the United States, in any manner;
(2) Releasing or otherwise transferring “technology” or source code (but not object code) to a foreign person in the United States (a “deemed export”);
(3) Transferring by a person in the United States of registration, control, or ownership of:
(i) A spacecraft subject to the EAR that is not eligible for export under License Exception STA (i.e., spacecraft that provide space-based logistics, assembly or servicing of any spacecraft) to a person in or a national of any other country; or
(ii) Any other spacecraft subject to the EAR to a person in or a national of a Country Group D:5 country.
(b) Any release in the United States of “technology” or source code to a foreign person is a deemed export to the foreign person's most recent country of citizenship or permanent residency.
(c) The export of an item that will transit through a country or countries to a destination identified in the EAR is deemed to be an export to that destination.
[81 FR 35603, June 3, 2016]
Notes of Decisions
Epsilon Elec., Inc. v. United States Dep't of the Treasury, 857 F.3d 913 (D.C. Cir. 2017).
· cites it 2× “” If an exporter can say, “I have exported items to Country B that will transit through Country 5 A 2016 rule moved both of these definitions to a newly created 15 C.F.R. § 734.13 , but did not alter the substance of the definitions.”
State of Washington v. United States Dep't of State (W.D. Wash. 2020).
“” 15 C.F.R. § 734.13 (a). 17 C. Prior Litigation 18 Computer software for the production of a Category I firearm or its components 19 using a 3-D printer (“3-D gun files”), such as computer aided design (CAD) files, is 20 “technical data” subject to the AECA and ITAR.”
Comair Ltd. v. The Boeing Co. (W.D. Wash. 2025).
“The Protective Order says, “[e]ach Party has the responsibility 10 to ensure that Export Controlled Material in its possession, custody or control is not made public 11 nor otherwise ‘exported’ (as that term is described in 15 C.F.R. § 734.13 or 22 C.F.R. § 120.17 ) 12 except as…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.