Notes Common to the "Information or informational materials" Definitional Provision (System Ed. Note)

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TURBOFAC Commentary (11893 words)

Notes Common to the “Information or Informational Materials” Definitional Provision (System Ed. Note)

 

1) Background

 

2) Relationship to 200-Level Provision

 

3) Differences Between Definitional Provisions Across Programs

 

4) Scope of the Term “Information or Informational Materials” (Subsection (a) of the Definitional Provision)

4(a) the 1994 Amendment to the Berman Amendment Places No Limit on Types of Items That May Be Considered Informational Materials

4(b) Limitations Imposed by Ofac on “Materials” Categorically Excluded from Ime Treatment

4(c) Relationship to the First Amendment of the U.S. Constitution

4(d) Software

 

5) The Scope and Application of the Export Control-Based Exclusions (Subsection (b) of the Standard Definitional Provision)

5(a) Background

5(b) Scope of the “Controlled for Export” Exclusion: Relationship to the EAR

5(b)(i) In General; Status Prior to the Repeal of the Export Administration Act

5(b)(ii) Potential Significance of the Repeal of the Export Administration Act and Other Provisions...