Impending Rule Changes To Space-Related Export Controls
The Commerce Department’s Bureau of Industry and Security (BIS) has released three changes, one as a Final Rule, one Interim Final Rule, and one Proposed Rule, to modernize BIS’s space-related export controls. These changes come as the result of an extensive requested review by the National Space Council, which is led by Vice President Kamala Harris—to enable a globally competitive U.S. space industrial base, while strengthening U.S. international space partnerships.
The three rule changes to modernize space-related export controls are:
- In a Final Rule, BIS is removing license requirements for exports of certain items involving remote sensing or space-based logistics, assembly, or servicing spacecraft destined for Australia, Canada, and the United Kingdom. This rule deepens the United States’ commitment to some of its closest allies, furthering our collective security, reducing unnecessary export control restrictions, and ensuring secure trade.
- In an Interim Final Rule, BIS is removing license requirements for exports of certain spacecraft components to over 40 allies and partners worldwide, reducing licensing requirements for the least sensitive components for most destinations, and broadening license exceptions to support additional National Aeronautics and Space Administration (NASA) cooperative programs. These changes advance international cooperation and bolster America’s global leadership in space technology.
- Additionally, in a Proposed Rule published in concert with the Department of State, BIS outlines initial proposals to transfer jurisdiction of certain space-related defense articles that no longer provide a critical military or intelligence advantage from the U.S. Munitions List (USML) maintained by the Department of State to the Commerce Control List. Examples include spacecraft capable of refueling other spacecraft and spacecraft capable of autonomous collision avoidance. This proposed transfer would enable the use of BIS license exceptions that facilitate exports of commercial space items to close allies and partners. BIS welcomes public comment from all interested parties on this Proposed Rule within 30 days of publication.
All three rules are scheduled to be formally released on the Federal Register on October 23rd.
COSMIC welcomes member input regarding these proposals and will be sharing the Federal Register links and further analysis with members once they are posted.
COSMIC members, supporters, and ISAM practitioners can send input to our Policy and Regulations Focus Area leads to PR-COSMIC@aero.org.