Fundamentals of the International Traffic in Arms Regulations for Non-Military Space Activities
I. Why International Traffic in Arms Regulations applicable to non-military space activities ?
II. Scope of items that ITAR controls
A. Limited “carve-out” for certain space qualified components
B. “Technical data” directly related to ITAR-controlled items that have a nexus to the United States
C. “Defense services” regarding ITAR-controlled items that U.S. persons provide foreign persons)
III. Key Definitions
A. “Technical data”
1. what is not technical data
B. “Defense services”
2. “U.S. person”
3. “Foreign person”
IV. The regulators
A. State Department Directorate of Defense Trade Controls (“DDTC”) (since all spacecraft are treated as “arms”)
B. The U.S. Department of Defense, Defense Technology Security Administration (“DTSA”)
C. Two primary types of (“DDTC”) export authorizations
2. Approved Agreements
D. ITAR licensing exemptions
E. DTSA “monitoring”
V. ITAR applies both within and outside the U.S.
A. Common problems/scenarios
1. foreign person employees in the U.S.
2. third country national employees of foreign entities
3. working with foreign partners outside the U.S.
VI. Recent ITAR Developments and current U.S. export reform efforts