[amsat-bb] New US Satellite Export Reforms Gets Positive Response from Industry
k9jkm at comcast.net
Mon May 19 17:02:55 UTC 2014
This latest update shows that US Government agencies continue to work on changes to ITAR and hopefully are making progress. Perhaps relief is closer now as compared to a year ago.
I thought it would be interesting to find the source document(s) to this report. While the initial good news fits within a single press release, the changes as published on May 13 in the Federal Register cover a few dozen pages of legal language.
Here are links to the ITAR rule changes as published in the Federal Register:
In case our mailing list mangles the long URL here is an equivalent tiny-URL to federalregister.gov:
73 de JoAnne K9JKM
k9jkm at amsat.org
Editor, AMSAT Journal
From: amsat-bb-bounces at amsat.org [mailto:amsat-bb-bounces at amsat.org] On Behalf Of Eric Rosenberg
Sent: Monday, May 19, 2014 07:38
To: Amsat-bb Mailing List
Subject: [amsat-bb] New US Satellite Export Reforms Gets Positive Response from Industry
from Via Satellite.
New US Satellite Export Reforms Gets Positive Response from Industry
By Caleb Henry | May 16, 2014
[Via Satellite 05-16-2014]
After 15 years of restrictions and intense scrutiny, the United States
Department of State has reclassified satellites and several related
components so they will no longer be treated as weapons. The changes
affect Category 15 of the U.S. Munitions List (USML), which covers
spacecraft and related articles, by shifting most commercial, civil and
scientific satellites and accompanying equipment to the Department of
Commerce’s Commerce Control List (CCL).
The satellite industry has called for reforms to these policies for a
long time, citing lost revenue and missed opportunities internationally.
Congress transferred satellites under the domain of International
Traffic and Arms Regulations (ITAR) after a launch failure of the
Chinese Long March 3B carrying a U.S. payload in 1996.
With satellites treated as armaments, international trade suffered, and
the industry atrophied. An estimated $21 billion in satellite revenue
was lost from 1999 to 2009, according to the Aerospace Industries
Association (AIA). This was compounded by the loss of roughly 9,000
directly related jobs.
The new revisions first remove most radiation-hardened microelectronic
microcircuits, taking effect 45 days after publication of the rule.
Communications satellites without classified components, remote sensing
satellites with certain performance parameters, and other spacecraft
parts not specifically identified in the revised category are cleared
180 days after publication. The U.S. government will, under certain
conditions, allow CCL-classified satellites with some USML components to
remain CCL-controlled. The reform is also intended to make it easier for
the U.S. government to make use of hosted payloads on commercial
satellites. Exports to China remain forbidden along with other select
“[The Satellite Industry Association] (SIA) congratulates the U.S.
government on this truly comprehensive overhaul to the U.S. satellite
export control system,” said Patricia Cooper, president of SIA. “With a
more modern regulatory environment for exports in place, we look forward
to unleashing the full force of American ingenuity and innovation at
work in the international market.”
The amendment to ITAR is part of President Barack Obama’s Export Control
Reform (ECR) effort. With a few exceptions, items not subject to the
export control jurisdiction of ITAR fall under the Department of
Commerce’s less strict Export Administration Regulations (EAR). The CCL
is included under EAR, which still imposes license requirements on
exports, re-exports and retransfers, but with less stringency because
they are no longer considered easily repurposed for military applications.
The AIA applauded the reclassification, calling the previous
restrictions “excessive,” and encouraged greater cooperation between
Congress and the Obama administration to continue making U.S. companies
more competitive internationally. The Department of State and the
Department of Commerce published final rules facilitating the transfer
of satellites and related components on May 13, 2014, but acknowledged
the need for an interim period.
“The Department [of State] has committed to reviewing during the six
months after the publication of this rule whether further amendments to
the USML controls on civil and commercial remote sensing satellites are
warranted, and seeks additional public comment on this matter,” the
agency said in a statement released by the Federal Register.
Comments during the interim period close on June 27, 2014. The effective
date is scheduled for Nov. 10, 2014.
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