Export Controls

Reform Overview

SIA has led the industry’s efforts to improve to the U.S. export licensing and policy framework for satellites, components, technical data, and ground equipment. The final reforms have now been published, and will be fully implemented as of November 10, 2014.

SIA Press Release on Publication of Reforms Satellite Export Regulations

U.S. Department of State Final Rule – Revision of U.S. Munitions List Category XV
SIA Additional Comments on Remote Sensing Technology

U.S. Department of Commerce Final Rule – Control of Spacecraft Systems and Related Items the President Determines No Longer Warrant Control Under the United States Munitions List

Rulemaking Process

U.S. Department of State Proposed Rule – Revision of U.S. Munitions List Category XV
SIA Comments on U.S. Department of State Proposed Rule

U.S. Department of Commerce Proposed Rule – Control of Spacecraft Systems and Related Items the President Determines No Longer Warrant Control Under the United States Munitions List (USML)
SIA Comments on U.S. Department of Commerce Proposed Rule

SIA-AIA Fact Sheet on Satellite Export Control Reform Implementation

Reference Documents

• Fiscal Year 2013 National Defense Authorization Act – Legislative Language on Satellite Export Control Reform
• Fiscal Year 2013 National Defense Authorization Act – Conference Report Language on Satellite Export Control Reform
• Final Section 1248 Report

Legislative History

• January 2, 2013 – the FY13 NDAA is signed into law by President Obama
• December 20-21, 2012 – the FY13 NDAA Conference Report passes the House and Senate by wide margins; SIA Press Release
• December 18, 2012 – after weeks of negotiations with the Administration, the House and Senate agree to a final version of the FY13 NDAA that includes satellite export control reform language
• December 4, 2012 – the Senate passes its version of the FY13 NDAA without any language on satellite export control policy
• May 21, 2012 – Sen. Bennet introduces S. 3211, similar in content to both H.R. 3288 and the FY13 NDAA amendment; SIA Press Release
• May 18, 2012 – the FY13 NDAA passes the House of Representatives; SIA Press Release
• May 17, 2012 – a satellite ITAR reform amendment is added to the Fiscal Year 2013 National Defense Authorization Act (FY13 NDAA) on the House floor; the content is similar to H.R. 3288, and is co-sponsored by the Chairman and Ranking Member of the House Armed Services Committee (Reps. McKeon and Adam Smith) and 13 others
• April 18, 2012 – the Departments of Defense and State release the Final Section 1248 Report, which recommended that Congress return to the Executive Branch the authority to determine the export licensing jurisdiction of satellites and related items
• November 1, 2011 – Rep. Berman introduces H.R. 3288, the “Safeguarding United States Satellite Leadership and Security Act of 2011” with 8 co-sponsors; 19 total Representatives eventually co-sponsor; SIA Press Release
• October 17, 1998 – the Fiscal Year 1999 Strom Thurmond National Defense Authorization Act is enacted into law; it contains a provision transferring all satellites and related items from the Commerce Control List to the United States Munitions List, effectively removing the Executive Branch’s authority to regulate satellite exports

Resources