Space Science and the International Traffic in Arms Regulations: Summary of a Workshop
The United States seeks to protect its security and foreign-policy interests, in part, by actively controlling the export of goods, technologies, and services that are or may be useful for military development in other nations. "Export" is defined not simply as the sending abroad of hardware but also as the communication of related technology and know-how to foreigners in the United States and overseas. The U.S. government mechanism for controlling dual-use items--items in commerce that have potential military use is the Export Administration Regulations (EAR) administered by the Department of Commerce; items defined in law as defense articles fall under the jurisdiction of the Department of State and the International Traffic in Arms Regulations (ITAR). Because of the potential military implications of the export of defense articles, the ITAR regime imposes much greater burdens (on both the applicant and the government) than does the EAR regime during the process of applying for, and implementing the provisions of, licenses and technical-assistance agreements. Until the early 1990s export control activity related to all space satellites (commercial and scientific) was handled under ITAR. Between 1992 and 1996 the George H.W. Bush and the Clinton administrations transferred jurisdiction over the licensing of civilian communications satellites to the Commerce Department under EAR. In 1999, however, in response to broad concerns about Chinese attempts to acquire U.S. high technology, the U.S. House of Representatives convened the Select Committee on U.S. National Security and Military/Commercial Concerns with the People s Republic of China, also known as the Cox Committee. One of the many consequences of the Cox Committee's report was Congress's mandate that jurisdiction over export and licensing of satellites and related equipment and services, irrespective of military utility, be transferred from the Department of Commerce to the State Department and that such equipment and services be covered as defense articles under ITAR. Scientific satellites were explicitly included despite their use for decades in peaceful internationally conducted cooperative scientific research. It is widely recognized that the shift in regulatory regime from EAR to ITAR has had major deleterious effects on international scientific research activities that depend on satellites, spaceflight hardware, and other items that are now controlled by ITAR. Furthermore, contravening U.S. interests in attracting foreign students to U.S. universities, the capture of space technology by ITAR has caused serious problems in the teaching of university space science and engineering classes, virtually all of which include non-U.S. students. This report is a summary of a September 2007 workshop in which participants from the space research communities and the export-control administration and policy communities came together to discuss problems, effects, and potential solutions regarding the application of ITAR to space science. The principal themes and ideas that emerged from the discussions are summarized.