REUSABLE LAUNCH VEHICLE (RLV) DEVELOPMENT WORKING GROUPEXPORTS 30 MAY 2000

REUSABLE LAUNCH VEHICLE (RLV)

DEVELOPMENT WORKING GROUP

EXPORTSEXPORTS

30 MAY 2000

RLV WORKING GROUP MEETING

Your “Silent Partner” - the United States Government

Exporting - the Basics

Exporting - Specific Issues of Concern



Export Administration Regulations (EAR) Department of Commerce/BXACommerce Control List (CCL)

International Traffic in Arms Regulations (ITAR)Department of State/ODTCUnited States Munitions List (USML)



Registration as an Exporter

Commodity Jurisdiction

What is an export?

Technical Data

Defense Services

Defense Items



What is an Export?(ITAR 120.17) (1) Sending or taking a defense article out of the United States in anymanner, except by mere travel outside of the Untied States by a personwhose 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 orsubdivision of a foreign government (i.e. diplomatic missions)



What is an Export?(ITAR 120.17)

(4) Disclosing (including oral or visual disclosure) or transferringtechnical 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, aforeign person, whether in the United States or abroad

(6) A launch vehicle or payload shall not, by reason of the launching ofsuch 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 articlesor defense services. (See 126.1)



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 includesinformation in the form of blueprints, drawings, photographs, plans, instruction and documentation

(2) Classified information relating to defense articles and defenseservices

(3) Information covered by an invention secrecy order



What is Technical Data?(ITAR 120.10)

(4) Software directly related to defense articles

(5) This definition does not include information concerning generalscientific, mathematical or engineering principles commonly taughtin schools, colleges and universities or information in the publicdomain. It also does not include basic marketing information onfunction or purpose or general system descriptions of defensearticles



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,operation, demilitarization, destruction, processing or use of defensearticles

(2) the furnishing to foreign persons of any technical data controlledunder this subchapter, whether in the United States or abroad



What is a Defense Service? (120.9)

(3) Military training of foreign units and forces, regular andirregular, including formal or informal instruction of foreign personsin 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



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



Who is a US Person? (ITAR 120.15)

A person who is a lawful permanent resident or who is a protectedindividual. It also means any corporation, business association,partnership, society, trust, or any other entity, organization or groupthat is incorporated to do business in the Untied States. It alsoincludes any governmental (federal, state or local) entity. It doesnot include any foreign person as defined in section 120.16.



Foreign Persons

Employees

Suppliers/Subcontractors and their Employees

Consultants

Regulatory Agencies

Visitors

Customers



Offshore Procurements

Proposals for sale or manufacture abroad

Internet and electronic mail

Insurance

Special Export Controls (ITAR 124.15) forForeign Space Launches



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 massdestruction by controlling transfers that could make a contribution todelivery systems (other than manned aircraft) for such weapons…Restraint will be exercised in the consideration of all transfers of itemscontained within the Annex and all such transfers will be considered ona case-by-case basis.



Missile Technology Control Regime (MTCR)

Category I items - there will be a strong presumption to deny suchtransfers.

Complete rocket systems and unmanned air vehicle systems capable ofdelivering 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

Documents

REUSABLE LAUNCH VEHICLE (RLV) DEVELOPMENT WORKING GROUPEXPORTS 30 MAY 2000