Commerce and State Departments Update Space Export Controls

Posted by Sila Barr on 10/24/24 5:00 PM

In a series of rules published in the Federal Register on October 23, 2024, the Commerce Department’s Bureau of Industry and Security (BIS) and the Department of State (DOS) announced several updates to space-related export controls in the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR), respectively.

In a final rule, BIS removed controls for certain spacecraft and items related to remote sensing, space-based logistics, assembly, or servicing that are intended to export or reexport to Australia, Canada, and the United Kingdom. This final rule is effective as of October 23, 2024.

An interim final rule from BIS will reduce controls for certain “less sensitive” spacecraft components when exporting to “U.S. allies and partners”. This rule is effective as of October 23, 2024, and comments must be submitted by November 22, 2024.

A pair of proposed rules from BIS and the DOS announce the transfer of jurisdiction of certain space-related defense articles from the U.S. Munitions List (USML) to the Commerce Control List, and align controls on space-related items between the two agencies. In addition to the transfer of commodities, the BIS rule proposes a license exception, Commercial Space Activities (CSA), while the DOS rule proposes three license exemptions: Official Space Agency, Space Activity, and Space Tourism and Research. The agencies are seeking comments for these rules, which must be submitted by November 22, 2024.

 

The BIS final rule can be found here:
https://www.federalregister.gov/documents/2024/10/23/2024-23932/export-administration-regulations-removal-of-license-requirements-for-certain-spacecraft-and-related

The BIS interim final rule can be found here:
https://www.federalregister.gov/documents/2024/10/23/2024-23958/export-administration-regulations-revisions-to-space-related-export-controls

The BIS proposed rule can be found here:
https://www.federalregister.gov/documents/2024/10/23/2024-23975/export-administration-regulations-revisions-to-space-related-export-controls-including-addition-of

The DOS proposed rule can be found here:
https://www.federalregister.gov/documents/2024/10/23/2024-24091/international-traffic-in-arms-regulations-itar-us-munitions-list-categories-iv-and-xv

Topics: ITAR, BIS, Federal Register, EAR, State Department, export controls, space

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