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Commercialization

New ITAR Rules Could Hurt Private Manned Spaceflight Industry

By Marc Boucher
NASA Watch
June 30, 2013
Filed under ,

John Kelly: Private launchers fear new US rules, Florida Today
Case in point: The U.S. State Department is proposing new rules that would add private manned spacecraft to a Department of Defense list of “munitions” technology that some in the industry fear would all but prevent any use of those vehicles on foreign soil.
… The rule is getting a cold reception from private space startups such as XCOR, a space tourism company that just this week said it plans to start suborbital test flights from Kennedy Space Center by 2015.

Marc’s note: July 8th is the last day for public comment on the proposed new rules. If the proposed rule change is enacted there’s no doubt in my mind it will have a negative effect on the industry. As Kelly states; “While there are likely valid concerns about protecting technology from falling into the wrong hands, overdoing it could also hurt the space industry’s long-term future.

From the Department of State:
SUMMARY: As part of the President’s Export Control Reform effort, the Department of State proposes to amend the International Traffic in Arms Regulations (ITAR) to revise Category XV (Spacecraft Systems and Related Articles) of the U.S. Munitions List (USML) to describe more precisely the articles warranting control on the USML. The definition of ”defense service” is to be revised to, among other changes, specifically include the furnishing of assistance for certain spacecraft related activities. The revisions contained in this rule are part of the Department of State’s retrospective plan under E.O. 13563 completed on August 17, 2011.
DATES: The Department of State will accept comments on this proposed rule until July 8, 2013.
ADDRESSES: Interested parties may submit comments within 45 days of the date of publication by one of the following methods:
• Email: [email protected] with the subject line, ”ITAR Amendment–USML Category XV and Defense Services.”
• Internet: At www.regulations.gov, search for this notice by using this rule’s RIN (1400-AD33).

SpaceRef co-founder, entrepreneur, writer, podcaster, nature lover and deep thinker.

5 responses to “New ITAR Rules Could Hurt Private Manned Spaceflight Industry”

  1. Steve Whitfield says:
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    One small step for an agency, one giant bleep for mankind.

    It seems that every time things start looking a little more progressive for commercial space providers, someone somewhere in the government delivers them another road block. It seems almost as inevitable, and as pointless, as tic-tac-toe.

    You’d think that by now ITAR and the State Department would know how to do things selectively and effectively so as to benefit America, instead of just using a sledge hammer approach on every little potential issue. US aerospace companies can buy foreign components to build space vehicles, but now those same space vehicles must be protected from the prying eyes of the “enemies”? I can’t see that going over well.

  2. Anonymous says:
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    The last thing that needs to happen is for ITAR restrictions to be increased. In fact, ITAR regulations need to go the opposite direction. ITAR regs already put ridiculous hurdles in front of many researchers and research projects. To now throw obstacles in front of a nascent space industry is absurd.

  3. dogstar29 says:
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    After Challenger the DOD abandoned the use of human spaceflight for military purposes. Also, they had not found anything useful people could do in space to attack or defend the country. Apparently someone didn’t get the word.

  4. Arthur Hamilton says:
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    What do you expect from a Kerry run department?

  5. The Tinfoil Tricorn says:
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    Nope it just puts your private project under national security regs, so you can’t have your intellectual property 3d printed and assembled anywhere else. The goal is that if you are American and you build anything that goes into space the US government owns you and as such will rightfully determine how it’s used or distributed. See ITAR and Defense Distributed. From their standpoint, they want to protect us from those with the intent like North Korea and Iran, but the flip side is more control over who’s friends and what money is paid to get into space in the American space business. It’s bad policy though, because it effectively encourages people to seek international safe havens, and American IP to go over seas, all of which is bad for national security. I guess they didn’t get the message to stop drinking the Fluoride.