[amsat-bb] Re: ITAR is interesting to me
rwmcgwier at gmail.com
Mon Oct 26 12:37:53 PDT 2009
Because we asked that we be treated in exactly the manner you described
and were rebuffed.
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"
(Co)Author: DttSP, Quiktrak, PowerSDR, GnuRadio
Member: ARRL, AMSAT, AMSAT-DL, TAPR, Packrats,
NJQRP, QRP ARCI, QCWA, FRC.
"You don't need to see the whole staircase, just
take the first step.", MLK.
More information about the AMSAT-BB