[Federal Register Volume 59, Number 180 (Monday, September 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20988]
[[Page Unknown]]
[Federal Register: September 19, 1994]
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DEPARTMENT OF STATE
Bureau of Political-Military Affairs
22 CFR Part 121
[Public Notice 2056]
Amendments to the International Traffic in Arms Regulations
(ITAR)
agency: Department of State.
action: Final rule.
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summary: This final rule amends the regulations implementing section 38
of the Arms Export Control Act, which governs the export of defense
articles and defense services. Specifically, this rule moves from the
controls of Category XV of the USML to those of entry 9A04 of the
Commerce Control List (CCL) the international space station being built
under the supervision of the National Aeronautics and Space
Administration (NASA) and NASA's international partners: the space
agencies of Japan, Canada, the European Space Agency, and Russia. This
movement applies to the space station itself, as well as all
components, parts, accessories, attachments and associated equipment
specifically designed, modified or configured for the space station,
and all directly related technical data, software and services for
those items, except for such data, software and services which are
controlled under Category XV (f) of the U.S. Munitions List (USML).
This rule reduces the burden on exporters by removing both the above-
cited hardware and software and technical data from the controls of the
International Traffic in Arms Regulations (ITAR).
The Department of Commerce is publishing separately a final rule
under the provisions of the Export Administration Regulations, to amend
the relevant Export Commodity Control Number (ECCN) category, i.e.,
9A04, to add the international space station and all its specifically
designed, modified, or configured components, parts, accessories,
attachments and associated equipment, software, and technical data and
services not captured under Category XV (f) of the USML, which items
are being moved as a result of this rule.
effective date: This rule will take effect upon September 19, 1994.
for further information contact: Kenneth M. Peoples, Office of Defense
Trade Controls, Department of State, telephone number 703-875-6619, fax
703-875-6647.
supplementary information: On November 16, 1990, President Bush
directed that the United States Government ``remove from the USML all
items contained on the COCOM dual use list unless significant U.S.
national security interests would be jeopardized.'' (Vol. 26, No. 46,
Weekly Compilation of Presidential Documents p. 1839.) To implement
this directive, the Department of State established several inter-
agency working groups to identify where overlaps of items on the USML
and the COCOM dual use list existed and whether removal of these items
from the USML would significantly jeopardize U.S. national security.
One of these inter-agency groups, the Space Technical Working Group
(STWG), identified non-military spacecraft as an item involving such an
overlap and recommended movement of all non-military spacecraft from
the USML to the Commerce Control List (CCL), except where such movement
would ``significantly jeopardize U.S. national security.'' Among those
spacecraft identified as constituting an overlap and recommended for
movement to the CCL was the international space station being built by
NASA and its international partners.
On September 5, 1991, the Department published in the Federal
Register an advance notice of proposed rule-making, establishing a new
Category XV on the USML for spacecraft and related systems (56 FR
43894) and advising that a series of proposed rules would follow. A
final rule formally creating category XV for Spacecraft Systems and
Associated Equipment was published in the Federal Register on April 27,
1992 (57 FR 15227).
In late 1993, President Clinton directed NASA to add the Russian
Space Agency as a partner to its international space station program
and instructed other U.S. Government agencies to provide the necessary
assistance to NASA to enable it to continue to carry out that program.
An inter-agency Space Station Export Control Steering Committee met on
March 10, 1994, and recommended several steps in the area of U.S.
export controls which will be necessary for NASA to advance its
international space station program. One of the recommended steps is
the movement of the international space station itself from export
control under the USML to the control of the CCL.
The Department agrees with the recommendation of the interagency
committee; accordingly, the Department is removing from the USML and
the Department of Commerce is placing under the control of Export
Control Classification Number (ECCN) 9A04 of the CCL the following
items: the international space station and all components, parts,
accessories, attachments, and associated equipment specifically
designed, modified or configured for the international space station,
as well as all directly related technical data, software and services
for those items, except for that data, software and services which is
controlled under Category XV (f) of the USML.
For purposes of clarification, this rule makes two additional minor
changes, which have been requested by U.S. industry, to the language of
Category XV of the USML for purposes of clarification. In paragraph
(c)(2)(ii), the word ``all'' has been inserted to indicate that all
sidelobes on the relevant satellite must be less than or equal to -35dB
in order for that parameter to control the satellite under the USML.
Several U.S. companies have indicated to the STWG that virtually all
satellites have one or more sidelobes which are less than or equal to -
35dB; the parameter is intended to capture only those few commercial
communications satellites in which all sidelobes fall under the cited
parameter.
In Category XV, paragraph (f), involving technical data and defense
services, the first sentence has been corrected to show coverage of
paragraph (f) over preceding paragraphs (a) through (e), instead of (a)
through (f). In addition, the wording of the final two sentences of the
paragraph has been amended to clarify the fact that those two sentences
are directed only at the spacecraft which have been moved off the USML
to the CCL.
This amendment involves a foreign affairs function of the United
States and thus is excluded from the major rule procedures of Executive
Order 12291 (46 FR 13193) and the procedures of the Administrative
Procedure Act (5 U.S.C. 553 and 554).
List of Subjects in 22 CFR Part 121
Arms and Munitions, Exports.
Accordingly, for the reasons set forth in the preamble, 22 CFR
subchapter M, part 121 is amended as follows:
PART 121--THE UNITED STATES MUNITIONS LIST
1. The authority citation for Part 121 continues to read as
follows:
Authority: Secs. 2, 38, and 71, Pub. L. 90-629, 90 Stat. 744 (22
U.S.C. 2752, 2778, 2797); E.O. 11958, 42 FR 4311; 3 C.F.R. 1977
Comp. p. 79; 22 U.S.C. 2658.
2. In Sec. 121.1, Category XV is amended by revising paragraphs (c)
introductory text, (c)(2)(ii), and (f), and adding a NOTE reading as
follows:
Sec. 121.1 General. The United States Munitions List.
* * * * *
Category XV--Spacecraft Systems and Associated Equipment
* * * * *
(c) Communications satellites (excluding ground stations and their
associated equipment and technical data not enumerated elsewhere in
Sec. 121.1 of this subchapter; for controls on such ground stations,
see the Commerce Control List) with any of the following
characteristics:
* * * * *
(2) * * *
(ii) With all sidelobes less than or equal to -35dB; or
* * * * *
(f) Technical data (as defined in Sec. 120.21 of this subchapter)
and defense services (as defined in Sec. 120.8 of this subchapter)
directly related to the defense articles in paragraphs (a) through (e)
of this category. (See Sec. 125.4 for exceptions.) Technical data
directly related to the manufacture or production of any defense
articles enumerated elsewhere in this category that are designated as
Significant Military Equipment (SME) shall itself be designated SME. In
addition, detailed design, development, production or manufacturing
data for all spacecraft systems and for specifically designed or
modified components for all spacecraft systems, regardless of which
U.S. Government agency has jurisdiction for export of the spacecraft.
(See Sec. 125.4 for exceptions.) This coverage by the U.S. Munitions
List of detailed design, development, manufacturing or production
information directly related to satellites which are not otherwise
under the control of this section does not include that level of
technical data (including marketing data) necessary and reasonable for
a purchaser to have assurance that a U.S.-built item intended to
operate in space has been designed, manufactured, and tested in
conformance with specified contract requirements (e.g., operational
performance, reliability, lifetime, product quality, or delivery
expectations), as well as data necessary to evaluate in-orbit anomalies
and to operate and maintain associated ground equipment.
Note: The international space station, being developed, launched
and operated under the supervision of the National Aeronautics and
Space Administration, is controlled for export purposes under the
Export Administration Regulations.
Dated: July 30, 1994.
Lynn E. Davis,
Under Secretary of State for Arms Control and International Security
Affairs.
[FR Doc. 94-20988 Filed 9-16-94; 8:45 am]
BILLING CODE 4710-25-M
