REUSABLE LAUNCH VEHICLE RLV DEVELOPMENT WORKING GROUP EXPORTS

REUSABLE LAUNCH VEHICLE (RLV) DEVELOPMENT WORKING GROUP EXPORTS 30 MAY 2000

RLV WORKING GROUP MEETING Your “Silent Partner” - the United States Government Exporting - the Basics Exporting - Specific Issues of Concern

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)

RLV WORKING GROUP MEETING Exporting - the Basics Registration as an Exporter Commodity Jurisdiction What is an export? Technical Data Defense Services Defense Items

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)

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)

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

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

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, operation, 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

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

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

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.

RLV WORKING GROUP MEETING Exporting - Specific Issues of Concern Foreign Persons Employees Suppliers/Subcontractors and their Employees Consultants Regulatory Agencies Visitors Customers

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

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.

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