I've more than "Googled" ITAR, there's no need to be so condescending...I used to work for a foreign subsidiary of a US company that was selling some export-controlled items.
https://www.ecfr.gov.../part-127#127.1And yes, you cannot take it to Europe (without an export license that you do not have). This is a non-controversial statement (and very true). And no, I do not plan to bring one of my NVDs to the US. Anything trying to state I don't agree with that is a strawman.
On the other hand, you seem to confuse "US person" with "US citizen" and also seem to confuse "instructing people in the use of an ITAR-regulated device" and letting them look through one. What you cannot do hinges on your interpretation of this:
22 CFR §120.9 Defense service.
(a) Defense service means:
(1) The furnishing of assistance (including training) to foreign persons, whether in the United States or abroad in the design, development, engineering, manufacture, production, assembly, testing, repair, maintenance, modification, operation, demilitarization, destruction, processing or use of defense articles.
Telling someone where the on-switch is? That's skating on thin ice. Telling them in what end to look? Perhaps. Telling them how the diopter on the eyepiece works? Perhaps. Allowing someone to look through it while you have your back turned? How are you furnishing "assistance" and thus a "defense service"?
But frankly: read this restrictively, no one on this forum would ever be allowed to discuss these devices, since you can't assist
me in the use of a US PVS-14 with Gen 3 tube --regardless of whether I have one or not-- by posting anything about the use of these devices, since I am a foreign person and it says "whether in the US or abroad" (never mind that I can get perfectly legal and non-ITAR regulated PVS-14 with Gen3 over here, there are no real secrets left about the
use of these devices).
Many web sites of US vendors touting NVDs could be construed to violate this requirement and be seen as "offering defense services" to people abroad if you really wanted to be paranoid; it would often seem to be a much clearer violation than allowing someone to
look through one.
And I'm not even talking about the PDF manuals you can find online on US web sites (which do tell you where the on-switch is, what end to look through and how to adjust the diopter) or the countless Youtube tutorials (often put online by US vendors).
The definition of "defense service" is broad on purpose, to allow prosecution of anyone in the US the federal government would reasonably choose to prosecute, without being hindered by the
letter of the law.
"Foreign persons", by the way, are not "anyone not a US citizen". Some US citizens may be considered (in a very restrictive reading of ITAR some companies use out of an abundance of caution) foreign persons and most US resident aliens are not.
That has been beaten to death, though, so I won't say more about it.
Edited by sixela, 17 July 2024 - 06:52 AM.