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I would not be optimistic about that working as any kind of legal loophole to get around US export restrictions. I don't know any reason it would. (I am not a lawyer).



Correct, GitHub would then become the exporter and be in violation of ITAR.


What if users had the option to host repositories in EU servers run by the EU subsidiary? There's no exporting then right?


The EU has its own set of restrictions but I'm not sure of the overlap. I'm sure the US could get the other countries on that list.




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