[eagle] Re: 2008 Symposium deadline

John B. Stephensen kd6ozh at comcast.net
Sun Sep 7 16:23:18 PDT 2008


Since this is central to the operation of AMSAT, why not generate a list of 
questions and allocate $2500 for hiring a lawyer specializing in export law 
to answer them? This is a project that seems to have very high priority so 
it should be funded and a board member appointed to run it.

73,

John
KD6OZH

----- Original Message ----- 
From: "Bill Ress" <bill at hsmicrowave.com>
To: "Howard Long" <eagle at howardlong.com>
Cc: "'Frank Brickle'" <brickle at pobox.com>; <eagle at amsat.org>; "'Daniel 
Schultz'" <n8fgv at usa.net>
Sent: Sunday, September 07, 2008 15:08 UTC
Subject: [eagle] Re: 2008 Symposium deadline


> Hello Howard, et al,
>
> I'm trying to get the BOD to focus on getting ITAR understood and to
> resolve a set of guidelines for the technical teams,
>
> I must agree with your comments about "public domain". In the AMSAT BWI
> meeting, that was the tact determined we should use
>
> Here's the references in ITAR for everyone to read:
>
> The stuff is on the web at:
>
> http://pmddtc.state.gov/official_itar_and_amendments.htm
>
> _Read 120.10 Technical Data especially (5) and then read 120.11 Public 
> Domain_
>
> I still believe our comments at BWI concerning putting our work in the
> public domain are valid.
>
> Then look at _121.1 Category XV_ - Spacecraft Systems and Associated
> Equipment ESPECIALLY the NOTE TO PARAGRAPH (a) and ask yourself - - are
> our satellites intended for use by the armed forces of any foreign
> country? The way I read it, if they aren't, the paragraph doesn't apply
> to us and the rest of the stuff that follows doesn't fit us.
>
> Now this is not a legal opinion since I'm no ITAR lawyer, but we have to 
> quit running scared regarding ITAR since we know we aren't munitions 
> manufacturers or exporters, so let's focus on the statements that would 
> exclude us.
>
> Regards...Bill - N6GHz
>
>
>
> Howard Long wrote:
>> Hi Lyle et al,
>>
>>
>>> 2) For the same reasons, ITAR prevents us from making
>>> a presentation at any AMSAT Symposium with any technical
>>> content except perhaps the most general.
>>>
>>
>> I am definitely no lawyer, but I thought that there was specific 
>> exemption
>> in the definition of "public domain" in 22 CFR 120.11(6):
>>
>> "Through unlimited distribution at a conference, meeting, seminar,
>> trade show or exhibition, generally accessible to the public in the
>> United States"
>>
>> http://edocket.access.gpo.gov/cfr_2002/aprqtr/22cfr120.11.htm
>>
>> Cheers, Howard G6LVB
>>
>> _______________________________________________
>> Via the Eagle mailing list courtesy of AMSAT-NA
>> Eagle at amsat.org
>> http://amsat.org/mailman/listinfo/eagle
>>
>>
>>
> _______________________________________________
> Via the Eagle mailing list courtesy of AMSAT-NA
> Eagle at amsat.org
> http://amsat.org/mailman/listinfo/eagle 



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