REUSABLE LAUNCH VEHICLE RLV

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REUSABLE LAUNCH VEHICLE (RLV) DEVELOPMENT
WORKING GROUP EXPORTS 30 MAY 2000
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RLV WORKING GROUP MEETING
Your Silent Partner - the United States
Government Exporting - the Basics Exporting -
Specific Issues of Concern
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RLV WORKING GROUP MEETING
Exporting - the Basics Export Administration
Regulations (EAR) Department of
Commerce/BXA Commerce Control List
(CCL) International Traffic in Arms Regulations
(ITAR) Department of State/ODTC United States
Munitions List (USML)
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RLV WORKING GROUP MEETING
Exporting - the Basics Registration as an
Exporter Commodity Jurisdiction What is an
export? Technical Data Defense
Services Defense Items
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RLV WORKING GROUP MEETING
Exporting - the Basics What is an
Export?(ITAR 120.17) (1) Sending or taking a
defense article out of the United States in
any manner, except by mere travel outside of the
Untied States by a person whose personal
knowledge includes technical data (2)
Transferring registration, control or ownership
to a foreign person of any aircraft, vessel, or
satellite covered by the US Munitions
List, whether in the United States or abroad (3)
Disclosing (including oral or visual disclosure)
or transferring in the United States any defense
article to an embassy, any agency or subdivision
of a foreign government (i.e. diplomatic missions)
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RLV WORKING GROUP MEETING
Exporting - the Basics What is an Export?(ITAR
120.17) (4) Disclosing (including oral or visual
disclosure) or transferring technical data to a
foreign person, whether in the United States or
abroad (5) Performing a defense service on
behalf of, or for the benefit of, a foreign
person, whether in the United States or
abroad (6) A launch vehicle or payload shall
not, by reason of the launching of such vehicle,
be considered an export for purposed of this
subchapter. However, for certain limited purposes
the controls of this subchapter may apply to any
sale, transfer or proposal to sell or transfer
defense articles or defense services. (See 126.1)
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RLV WORKING GROUP MEETING
Exporting - the Basics What is Technical
Data?(ITAR 120.10) (1) Information, other than
software, which is required for the
design, development, production, manufacture,
assembly, operation, repair, testing, maintenance
or modification of defense articles. This
includes information in the form of blueprints,
drawings, photographs, plans, instruction and
documentation (2) Classified information
relating to defense articles and
defense services (3) Information covered by an
invention secrecy order
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RLV WORKING GROUP MEETING
Exporting - the Basics What is Technical
Data?(ITAR 120.10) (4) Software directly
related to defense articles (5) This definition
does not include information concerning
general scientific, mathematical or engineering
principles commonly taught in schools, colleges
and universities or information in the
public domain. It also does not include basic
marketing information on function or purpose or
general system descriptions of defense articles
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RLV WORKING GROUP MEETING
Exporting - the Basics What is a Defense
Service? (120.9) (1) The furnishing of
assistance (including training) to foreign
persons, whether in the United States or abroad
in the design, development, production, assembly,
testing, repair, maintenance, modification, operat
ion, demilitarization, destruction, processing or
use of defense articles (2) the furnishing to
foreign persons of any technical data
controlled under this subchapter, whether in the
United States or abroad
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RLV WORKING GROUP MEETING
Exporting - the Basics What is a Defense
Service? (120.9) (3) Military training of
foreign units and forces, regular and irregular,
including formal or informal instruction of
foreign persons in the United States or abroad or
by correspondence courses, technical, educational,
or information publications and media of all
kinds, training aid, orientation, training
exercise and military advice
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RLV WORKING GROUP MEETING
Exporting - the Basics What is a Defense
Article? (ITAR 120.6) Any item or technical data
designated in para. 121.1. of this
subchapter. 121.1 - General. The United States
Munitions List (USML) Category IV - Launch
Vehicles, Guided Missiles, Ballistic
Missiles, Rockets, Torpedoes, Bombs and
Mines Category VIII - Aircraft and Associated
Equipment Category XI - Military
Electronics Category XV - Space Systems and
Associated Equipment
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RLV WORKING GROUP MEETING
Exporting - the Basics Who is a US Person? (ITAR
120.15) A person who is a lawful permanent
resident or who is a protected individual. It
also means any corporation, business
association, partnership, society, trust, or any
other entity, organization or group that is
incorporated to do business in the Untied States.
It also includes any governmental (federal,
state or local) entity. It does not include any
foreign person as defined in section 120.16.
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RLV WORKING GROUP MEETING
Exporting - Specific Issues of Concern Foreign
Persons Employees Suppliers/Subcontractors
and their Employees Consultants Regulatory
Agencies Visitors Customers
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RLV WORKING GROUP MEETING
Exporting - Specific Issues of Concern Offshore
Procurements Proposals for sale or manufacture
abroad Internet and electronic
mail Insurance Special Export Controls (ITAR
124.15) for Foreign Space Launches
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RLV WORKING GROUP MEETING
Exporting - Specific Issues of Concern Missile
Technology Control Regime (MTCR) (120.29) The
policy statement to restrict sensitive
missile-relevant transfers. The purpose is to
limit the risks of proliferation of weapons of
mass destruction by controlling transfers that
could make a contribution to delivery systems
(other than manned aircraft) for such
weapons Restraint will be exercised in the
consideration of all transfers of items contained
within the Annex and all such transfers will be
considered on a case-by-case basis.
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RLV WORKING GROUP MEETING
Exporting - Specific Issues of Concern Missile
Technology Control Regime (MTCR) Category I
items - there will be a strong presumption to
deny such transfers. Complete rocket systems
and unmanned air vehicle systems capable
of delivering at least a 500 kg payload to a
range of at least 300 km as well as the
specially designed production facilities for
these systems