> To me, this mostly sounds like Apple taking US laws too literal/general.
Unfortunately not. The relevant definition of "export" is the one at Export Administration Regulations § 734.2(b)(2)(ii):
(2) Export of technology or software. ...:
(i) Any release of technology or software subject to the EAR in a foreign
country; or
(ii) Any release of technology or source code subject to the EAR to a foreign
national. Such release is deemed to be an export to the home country or
countries of the foreign national. This deemed export rule does not apply to
persons lawfully admitted for permanent residence in the United States and
does not apply to persons who are protected individuals under the Immigration
and Naturalization Act (8 U.S.C. 1324b(a)(3)). Note that the release of any
item to any party with knowledge a violation is about to occur is prohibited
by §736.2(b)(10) of the EAR. [0]
Apple's interpretation is the one almost all export-control lawyers will give their clients and is the one the Bureau of Industry and Security will give you if you ask for clarification.
EDIT: By the way, the reason Apple won't/can't sell iPads to foreigners in the US but can sell them the same product abroad likely comes down to paperwork. I am not Apple's lawyer, but I imagine Apple exports iPads under a provision of the export-control regulations that allows export of (a great many) controlled products without needing to obtain a license so long as the use of the regulatory licensing exception is properly noted on the export documentation. But Apple's retail stores presumably are not equipped to fill out and submit those documents, so they simply won't/can't sell to foreigners.
From your excerpt: "This deemed export rule does not apply to persons lawfully admitted for permanent residence in the United States and does not apply to persons who are protected individuals under the Immigration and Naturalization Act (8 U.S.C. 1324b(a)(3))."
They should have just asked for proof of permanent residence or citizenship and informed the customer that this is US export law.
Smartest legislation ever... (NOT) Any sane person will tell you that there's no way to police or check it. If I buy an iPad (as a Dutch citizen in the US or in the Netherlands) and happen to sell my iPad to a North Korean or Iranian, what's the US government going to do?
Having just had to go through ITAR training for my new job, it is my impression that a) it is your responsibility to make sure you comply with the law, which means knowing what is export-controlled and who you are dealing with, and b) export control violations are punishable by at least a decade in federal prison, if you should be so unlucky.
This strikes me as interesting because I believe the article mentioned that the state department rep didn't even know that apple was doing this.
It seems a bit above and beyond to teach all of your sales personnel to distinguish Farsi from every other Middle-Eastern sounding language out there. Call me ignorant but I couldn't distinguish Farsi from Arabic even if it was written out in front of me...
Unfortunately not. The relevant definition of "export" is the one at Export Administration Regulations § 734.2(b)(2)(ii):
Apple's interpretation is the one almost all export-control lawyers will give their clients and is the one the Bureau of Industry and Security will give you if you ask for clarification.EDIT: By the way, the reason Apple won't/can't sell iPads to foreigners in the US but can sell them the same product abroad likely comes down to paperwork. I am not Apple's lawyer, but I imagine Apple exports iPads under a provision of the export-control regulations that allows export of (a great many) controlled products without needing to obtain a license so long as the use of the regulatory licensing exception is properly noted on the export documentation. But Apple's retail stores presumably are not equipped to fill out and submit those documents, so they simply won't/can't sell to foreigners.
0. http://www.bis.doc.gov/policiesandregulations/ear/734.pdf [PDF]