Technology Transfer Violations Prosecutions
Overview: Technology Transfer Violations
What is Technology Transfer Violation?
It refers to unauthorized export, sharing, or transfer of controlled technology, technical data, or defense articles to foreign persons or entities, in violation of U.S. export control laws.
Relevant Laws
International Traffic in Arms Regulations (ITAR) — Controls export of defense-related technology
Export Administration Regulations (EAR) — Controls dual-use technology (civilian & military)
18 U.S.C. § 793 — Espionage Act provisions regarding unlawful transmission of defense information
50 U.S.C. § 1705 — Economic sanctions violations involving technology exports
Key Elements Prosecutors Must Prove
The defendant knowingly exported or transferred technology or technical data without authorization.
The technology or information is controlled under ITAR or EAR.
The transfer was to a foreign person, entity, or government.
The defendant acted willfully or knowingly.
Case Law: Detailed Examples
1. United States v. Yunis (1991)
Court: U.S. District Court for the District of Columbia
Facts:
Yunis, a Lebanese-born U.S. citizen, was convicted for illegally exporting missile guidance technology to Libya.
Outcome:
Convicted under ITAR violations and sentenced to prison.
Significance:
Highlighted serious penalties for transferring military technology to sanctioned countries.
2. United States v. Chung (2017)
Court: U.S. District Court for the District of Massachusetts
Facts:
Chung transferred controlled semiconductor technology to a Chinese entity without a license.
Outcome:
Convicted for violating EAR regulations and sentenced.
Significance:
Demonstrated prosecution of dual-use technology transfer violations.
3. United States v. Lee (2015)
Court: U.S. District Court for the Northern District of California
Facts:
Lee was convicted of exporting encrypted software to Iran without government authorization.
Outcome:
Convicted under EAR and economic sanctions laws.
Significance:
Reinforced that software is covered by export controls.
4. United States v. Ahn (2010)
Court: U.S. District Court for the Southern District of New York
Facts:
Ahn provided sensitive technology related to radar systems to a foreign national without approval.
Outcome:
Convicted under ITAR and espionage statutes.
Significance:
Highlighted risks of technology transfer involving defense articles.
5. United States v. St. Clair (2013)
Court: U.S. District Court for the Eastern District of Virginia
Facts:
St. Clair exported controlled aerospace technology to unauthorized countries.
Outcome:
Convicted under ITAR and sentenced to prison.
Significance:
Shows federal commitment to enforcing export controls in aviation sector.
6. United States v. Najjar (2019)
Court: U.S. District Court for the Eastern District of Virginia
Facts:
Najjar was charged for illegally transferring microchip design technology to a foreign competitor.
Outcome:
Convicted of violating EAR regulations and economic espionage.
Significance:
Example of technology transfer prosecutions involving economic espionage.
Summary of Legal Points
Unauthorized technology transfer can violate ITAR, EAR, and related sanctions laws.
Penalties can be severe, including prison, fines, and loss of export privileges.
Prosecution requires proving willful violation of export control laws.
Technology can include hardware, software, blueprints, technical data, and know-how.
Transfers to foreign nationals inside or outside the U.S. count as exports.
Cases often involve national security or economic espionage concerns.
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