Before space becomes the domain of everyone except US!
Under current ITAR rules, any object that goes higher than 100 km altitude is
classified as a weapon. This means that US companies and citizens cannot sell
or even discuss spacecraft with anyone not in the US. Obviously, no commercial
space operator or manufacturer would long survive in today's global market if they are not allowed
to operate in most of the world. What is the point of 45 minute transport to anywhere in the world if you can't land?!
Like airplanes, before spaceflight was available for a normal citizen it may have
made sense to have such a broad classification. But with the advent of the
Velocirapture, that time has passed. We must allow US companies and citizens
the freedom to open spaceflight for all people.
To help, please contact your Congressperson: Tell them that the time has come to
secure US leadership of space by modifying ITAR rules to keep up with our
changing times.
The current ITAR Munitions List text: (from
www.gpoaccess.gov/CFR/, CFR Title 22, Part 121, Section 1)
(The described items are designated SME, or "Significant Military Equipment")
Category IV
(d) Missile and space launch vehicle powerplants.
Category XV
(a) Spacecraft, including communications satellites, remote
sensing satellites, scientific satellites, research satellites,
navigation satellites, experimental and multi-mission satellites.
(f) Technical data (as defined in Sec. 120.10 of this subchapter)
and defense services (as defined in Sec. 120.9 of this subchapter)
directly related to the articles enumerated in paragraphs (a) through
(e) of this category, as well as detailed design, development,
manufacturing or production data for all spacecraft and specifically
designed or modified components for all spacecraft systems. This
paragraph includes all technical data, without exception, for all launch
support activities (e.g., technical data provided to the launch provider
on form, fit, function, mass, electrical, mechanical, dynamic,
environmental, telemetry, safety, facility, launch pad access, and
launch parameters, as well as interfaces for mating and parameters for
launch.) (See Sec. 124.1 for the requirements for technical assistance
agreements before defense services may be furnished even when all the
information relied upon by the U.S. person in performing the defense
service is in the public domain or is otherwise exempt from the
licensing requirements of this subchapter.) Technical data directly
related to the manufacture or production of any article enumerated
elsewhere in this category that is designated as Significant Military
Equipment (SME) shall itself be designated SME. Further, technical data
directly related to the manufacture or production of all spacecraft,
notwithstanding the nature of the intended end use (e.g., even where the
hardware is not SME), is designated SME.
Basically, anything in space is military. This can be compared to the section governing aircraft:
Category VIII
* (a) Aircraft, including but not limited to helicopters, non-
expansive balloons, drones, and lighter-than-air aircraft, which are
specifically designed, modified, or equipped for military purposes. This
includes but is not limited to the following military purposes: Gunnery,
bombing, rocket or missile launching, electronic and other surveillance,
reconnaissance, refueling, aerial mapping, military liaison, cargo
carrying or dropping, personnel dropping, airborne warning and control,
and military training. (See Sec. 121.3.)
Note the important text, "which are specifically designed, modified, or
equipped for military purposes." This is an example of a narrowly defined SME - which
is exactly we what need for space vehicles.
The proposed change to CFR Title 22, Part 121, Section 1:
Add as the last paragraph in CFR Title 22, Part 121, Section 1 before Category I:
"Notwithstanding anything to the
contrary in the following sections, civilian manned space hardware and associated systems,
and any data or descriptions of such
are never considered to be SME."
This is a simple change that removes most of the damage done by ITAR to manned
spaceflight without removing the useful parts of ITAR. There is currently NO
military manned spaceflight, so there is no reason for anyone to have an
issue with this - it does not change the status of any existing devices, while
building the bridge that will be needed to rapidly develop the civilian spaceflight
market.
Please support civilians in space by contacting your congressperson today!
Look up your Senator at
www.senate.gov
Look up your Representative at
www.house.gov
Sign our petition to Congress to change the ITAR rules!
