Whether anyone is guilty of anything
Everone aware that this was happening is guilty of ITAR violations, unless the State Department signed off... LINK
For practical purposes, ITAR regulations dictate that information and material pertaining to defense and military related technologies (for items listed on the U.S. Munitions List) may only be shared with U.S. Persons unless authorization from the Department of State is received or a special exemption is used. U.S. Persons (including organizations) can face heavy fines if they have, without authorization or the use of an exemption, provided foreign (non-US) persons with access to ITAR-protected defense articles, services or technical data.
A "U.S. person" can be
a U.S. citizen;
a permanent resident who does not work for a foreign company, a foreign government, or a foreign governmental agency/organization;
a political asylee;
a part of the U.S. government, or
a corporation, business, organization, or group that is incorporated in the United States under U.S. law.
*(a) Nonautomatic, semi-automatic and fully automatic firearms to caliber .50 inclusive, and all components and parts for such firearms. (See § 121.9 and §§ 123.16-123.19 of this subchapter.)
20. What is an export?
For ITAR purposes, the word “export” means:
(a) sending or taking a defense article out the United States in any manner. It also means transferring registration, control or ownership to a foreign person of any aircraft, vessel or satellite covered by the U.S. Munitions List, either in the United States or abroad;
(b) disclosing (orally or visually) or transferring in the United States any defense article to an embassey, any other part of a foreign government, or to a foreign person; or
(c) performing a defense service on behalf of a foreign person, whether in the United States or abroad.
3. What are the penalties for violating the AECA?
The civil penalties are a fine up to $500,00 per violation and up to five years in jail. The criminal penalties are a fine up to $1 million per violation and up to ten years in jail. In addition, the violator can be debarred for a period of time from obtaining export licenses and possible debarment from receiving any U.S. Government contracts.
4. The civil penalty of up to $500,000 per violation doesn’t seen too bad.
It does when you consider that a single case may involve more than 100 alleged violations.