Here are some of the regs cut from my research notes on the subject. None of these regs have been "lifted" and are certainly in effect. The DOD and DOJ will prosecute depending upon the circumstances and their interpretation of the regs. Leupold is simply avoiding the ambiguous and arbitrary behaviour of American justice and I cannot blame them in the least. Kinda scary, eh?!
Things you can't export without a license (from the US Munitions List):
Category I
(b) Riflescopes manufactured to military specifications, and specifically designed or modified components therefor; firearm silencers and suppressors, including flash suppressors.
Category XII
(b) lasers specifically designed, modified or configured for military application including those used in military communication devices, target designators and range finders, target detection systems, and directed energy weapons.
(c) Infrared focal plane array detectors specifically designed, modified or configured for military use; image intensification and other night sighting equipment or systems specifically designed, modified, or configured for military use; second generation and above military intensification tubes (defined below) specifically designed, developed, modified, or configured for military use, and, infrared, visible, and ultraviolet devices specifically designed, developed, modified, or configured for military application.
Note: Special Definition. For purposes of this subparagraph, second and third generation image intensifier tubes are defined as having:
A peak response within the 0.4 to 1.05 micron wavelength and incorporating a microchannel plate for electron image amplification having a hole pitch (center-to-center spacing) of less than 25 microns, and having either:
(a) An S-20, S-25 or multialkali photocathode; or (b) A semiconductor photocathode.