http://www.exportlawblog.com/archives/464 Latest News on DDTC, BIS, OFAC, and other export law matters Fri, 10 Feb 2012 10:06:23 +0000 hourly 1 http://wordpress.org/?v=3.0 http://www.exportlawblog.com/archives/464/comment-page-1#comment-21768 Hillbilly Fri, 20 Feb 2009 04:27:00 +0000 http://www.exportlawblog.com/?p=464#comment-21768 The interesting part of the 3rd Circuit's last decision is its finding that the information released to Russia and the Ukraine was already in the public domain. If the information was in the public domain, there was no AECA violation and the appellate court had authority and should have exercised authority under Rule 12 to boot the AECA violation, even though never defense didn't plead it at trial, for want of jurisdiction. The interesting part of the 3rd Circuit’s last decision is its finding that the information released to Russia and the Ukraine was already in the public domain. If the information was in the public domain, there was no AECA violation and the appellate court had authority and should have exercised authority under Rule 12 to boot the AECA violation, even though never defense didn’t plead it at trial, for want of jurisdiction.

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