Can non-US citizens outside the US commit information sharing crimes under ITAR?

Question

Wikipedia states of ITAR (International Traffic in Arms Regulations):

US persons (including organizations; see legal personality) can face heavy fines if they have, without authorization or the use of exemption, provided foreign persons with access to ITAR-protected defense articles, services or technical data.

Can someone who does not have citizenship or permanent resident status in the US, nor live there, commit a crime in the eyes of the US government by requesting ITAR-restricted data from a company and (due to failures of their data restriction processes) being given it in contravention of ITAR laws?

Answer 1

Can non-US citizens outside the US commit information sharing crimes under ITAR?

Yes.

For example, one of the crimes is to “conspire” to commit one of the other crimes. Anyone, anywhere can do that.

Can someone who does not have citizenship or permanent resident status in the US, nor live there, commit a crime in the eyes of the US government by requesting ITAR-restricted data from a company and (due to failures of their data restriction processes) being given it in contravention of ITAR laws?

No.

Asking for information that the other person is not permitted to give you is not a crime. At least, not under US law.

Similarly, receiving information is not a crime if you didn’t solicit it. Merely asking is not solicitation.