edited by DJB, 930722, for the public record


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[address]

19 March 1993


William B. Robinson

United States Department of State

Bureau of Politico-Military Affairs

Office of Defense Trade Controls

Washington, DC 20522--0602



Dear Mr. Robinson:

I have created certain information which I would like to export.
It is my understanding that, under the definition in 22 CFR 121.1(a),
this information is a defense article.
Nevertheless
I do not believe that I need a license or any other approval
from the State Department for this export.
I would greatly appreciate your prompt
written assurance that I have correctly
interpreted the relevant regulations.

The remainder of this letter consists of
a series of specific questions.
Please send your responses to the above address.
Please include with your responses a countersigned and dated copy
of this letter.

1. This information is published and available to the public.
As per the definition of ``public domain'' in 22 CFR 120.18,
this information is in the public domain.
It is therefore my understanding from 22 CFR 125.1(a)
that this information is not subject to any of the controls of
22 CFR Subchapter M.
Is this conclusion correct?

2. In particular, it is my understanding that I am not required
to obtain an export license as per 22 CFR 123.1(a),
that I am not required to obtain an export license as per
22 CFR 125.2(a), and that I am not required to obtain an
export license as per 22 CFR 125.3(c).
Are these conclusions correct?

3. I am not seeking a license or other approval for
this export. It is therefore my understanding that
the policy
stated in 22 CFR 126.1 is irrelevant for this export.
Is this conclusion correct?

4. I have not been granted any license or approval or exemption
under 22 CFR Subchapter M, nor am I applying for any
license or approval.
It is therefore my understanding that the policy stated
in 22 CFR 126.7 is irrelevant for this export.
Is this conclusion correct?

5. Does
the Department of State control
exports via any regulations
other than 22 CFR Subchapter M?

6. This information does appear on the United States Munitions List.
As per 22 CFR 120.4, this export is
``regulated exclusively by the Department of State.''
It is therefore my understanding that I do not have
to comply with the export regulations of other agencies,
such as the Department of Commerce, and hence that this export is lawful.
Are these conclusions correct?

7. If I do comply with all regulations outside of 22 CFR Subchapter M,
then is this export lawful?

8. Although I have created information which I believe to be
a defense article, I am not in the business of either manufacturing
or exporting defense articles or furnishing defense services.
(In fact
I would like to contribute this information to the worldwide academic
community via this export.)
It is thus my understanding that  I am not required to register
with DTC.
Is this conclusion correct?



Thank you for your kind attention.

Sincerely,

Daniel J. Bernstein

{Countersignature with date of receipt}