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

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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

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Presentation Transcript
slide1
REUSABLE LAUNCH VEHICLE (RLV)

DEVELOPMENT WORKING GROUP

EXPORTS

30 MAY 2000

slide2
RLV WORKING GROUP MEETING

Your “Silent Partner” - the United States Government

Exporting - the Basics

Exporting - Specific Issues of Concern

slide3
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)

slide4
RLV WORKING GROUP MEETING

Exporting - the Basics

Registration as an Exporter

Commodity Jurisdiction

What is an export?

Technical Data

Defense Services

Defense Items

slide5
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)

slide6
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)

slide7
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

slide8
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

slide9
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

slide10
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

slide11
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

slide12
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.

slide13
RLV WORKING GROUP MEETING

Exporting - Specific Issues of Concern

Foreign Persons

Employees

Suppliers/Subcontractors and their Employees

Consultants

Regulatory Agencies

Visitors

Customers

slide14
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

slide15
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.

slide16
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

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