[eagle] Re: 2008 Symposium deadline

Bill Ress bill at hsmicrowave.com
Sun Sep 7 17:48:41 PDT 2008


John

I understand that in the past year, AMSAT has paid a lawyer to provide 
some answers. I don't know what questions he was presented or what his 
qualifications were but nothing conclusive or useful appears to have 
come out of the effort. Perhaps another round is needed, but then as far 
as I can read, the language in the ITAR is really rather clear. Maybe we 
just need an attorney to confirm it or to contact State for their 
opinion since we're paying for them already.

Regards...Bill - N6GHz



John B. Stephensen wrote:
> 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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