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Unformatted text preview: quests for the filing of patent applications in a foreign country, and requests for the filing of amendments, modifications or supplements to such patents, should follow the regulations of the U.S. Patent and Trademark Office in accordance with 37 CFR part 5. The export of technical data to support the filing and processing of patent applications in foreign countries is subject to regulations issued by the U.S. Patent and Trademark Office pursuant to 35 U.S.C. 184. (c) Disclosures. Unless otherwise expressly exempted in this subchapter, a license is required for the oral, visual or documentary disclosure of technical data by U.S. persons to foreign persons. A license is required regardless of the manner in which the technical data is transmitted (e.g., in person, by telephone, correspondence, electronic means, etc.). A license is required for such disclosures by U.S. persons in connection with visits to foreign diplomatic missions and consular offices. And so on. There’s a lot more information in this document. If you’re going to try to export cryptography, I suggest you get a copy of the entire thing and a lawyer who speaks the language. In reality, the NSA has control over the export of cryptographic products. If you want a Commodity Jurisdiction (CJ), you must submit your product to the NSA for approval and submit the CJ application to the State Department. After State Department approval, the matter moves under the jurisdiction of the Commerce Department, which has never cared much about the export of cryptography. However, the State Department will never grant a CJ without NSA approval. In 1977 an NSA employee named Joseph A. Meyer wrote a letter—unauthorized, according to the official story of the incident—to the IEEE, warning them that the scheduled presentation of the original RSA paper would violate the ITAR. From The Puzzle Palace: He had a point. The ITAR did cover any “unclassified information that can be used, or adapted for use, in the design, production, manufacture, repair, overhaul, processing, engineering, development, operation, maintenance,...
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- Fall '10