[amsat-bb] Re: ITAR is interesting to me
bill at hsmicrowave.com
Sun Oct 25 12:14:38 PDT 2009
The completed satellite is usually exempt. This is how AO-51, as a
completed satellite, went to Russia and was launched on a Dnepr. AMSAT
has in the past and will in the future, apply for an export license for
a satellite. It's when you try to export satellite components or
technology, like the IHU, the SDX for the P3E, or engage in dialog
regarding a satellites thermal performance the the AMSAT-DL folks to
assist them, that you run afoul of ITAR.
There's a big different between sharing technology and components than
it is to export a complete satellite for launch. Often the State Dept.
will require that a representative(s) of the satellite builders (and
sometimes the State Dept. itself) accompany the satellite at all times,
insuring that no one can get a closer look than just the outside, right
through the launch.
Yes, a bit confusing and frustrating, but workable.
Regards...Bill - N6GHz
John P. Toscano wrote:
> Bob McGwier wrote:
>> ANY aspect dealing with a satellite, software, hardware, ground stations
>> (hardware, software, protocols, etc.), ideas, random ejaculations from a
>> diseased mind or whatever that deals with spacecraft or ground stations
>> are DEEMED EXPORTS when they depart a U.S. citizen and are delivered to
>> a non-U.S. citizen. It is a nearly impossible task to abide by and one
>> that really makes me want to throw my hands up in despair and walk away.
>> There are exceptions for classrooms and courses taught in U.S.
>> university's. A person, even a non-U.S. citizen, who can pay for taking
>> a course, may go and involve themselves in course work, even if it is
>> dealing with the design, construction, and control of spacecraft during
>> the course work. Some of this applies to your earlier questions but for
>> US service academies, there are very few non-U.S. citizens in them.
> I would not dream of second-guessing you for a moment, since you are
> fully engaged in this stuff and I am simply an interested observer.
> However, why doesn't the following quotation directly from the ITAR
> regulations provide the exemption we need? The quotation comes from the
> section that defines what are the items that are covered by ITAR:
> ITAR Part 121 - The United States Munitions List
> -----------------------< begin quote >-------------------------------
> Category XV - Spacecraft Systems and Associated Equipment
> *(a) Spacecraft, including communications satellites, remote sensing
> satellites, scientific satellites, research satellites, navigation
> satellites, experimental and multi-mission satellites.
> *NOTE TO PARAGRAPH (a): Commercial communications satellites, scientific
> satellites, research satellites, and experimental satellites are
> designated as SME only when the equipment is intended for use by the
> armed forces of any foreign country.
> -----------------------< end quote >---------------------------------
> Note that SME refers to "Significant Military Equipment"
> Paragraph (a) seems to cover everything and anything having to do with
> satellites, but the asterisk and "NOTE" attached to it seems to say that
> an Amateur radio satellite for use by Amateurs instead of foreign armed
> forces should be exempted, doesn't it?
> Granted, I realize that we have already lost one argument with ITAR
> about our past cooperation with AMSAT-DL, but is there some compelling
> reason why the lawyers didn't point out this exception?
> Just wondering...
> If I had to guess the answer myself, after looking at the horribly
> convoluted language of the small piece of the ITAR regulations that I
> have looked at, there is probably another paragraph elsewhere that
> effectively says, "we were just kidding when we said that it had to be
> used by foreign armed forces, we really mean it to cover everything"
> Sent via AMSAT-BB at amsat.org. Opinions expressed are those of the author.
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