# Presentation: 676153

## EXPORTS

** ****DEVELOPMENT WORKING GROUP**
_***EXPORTS***_
**30 MAY 2000**

## RLV WORKING GROUP MEETING

- Your “Silent Partner” - the United States Government
- Exporting - the Basics
- Exporting - Specific Issues of Concern

## RLV WORKING GROUP MEETING

_**Exporting - the Basics**_
_**	**_Export Administration Regulations (EAR)
- 	Department of Commerce/BXA
- 	Commerce Control List (CCL)
- 	International Traffic in Arms Regulations (ITAR)
- 	Department of State/ODTC
- 	United States Munitions List (USML)

## RLV WORKING GROUP MEETING

_**Exporting - the Basics**_
_**	**_Registration as an Exporter
- 	Commodity Jurisdiction
- 	What is an export?
- 	Technical Data
- 	Defense Services
- 	Defense Items

## RLV WORKING GROUP MEETING

_**	**__**	**__**	**__**Exporting - the Basics**_
- What is an Export?(ITAR 120.17)
- (1) Sending or taking a defense article out of the United States in any
- manner, except by mere travel outside of the Untied States by a person
- whose personal knowledge includes technical data
- (2)  Transferring registration, control or ownership to a foreign person
- of any aircraft, vessel, or satellite covered by the US Munitions List,
- whether in the United States or abroad
- (3)  Disclosing (including oral or visual disclosure) or transferring in
- the United States any defense article to an embassy, any agency or
- subdivision of a foreign government (i.e. diplomatic missions)

## RLV WORKING GROUP MEETING

_**Exporting - the Basics**_
- What is an Export?(ITAR 120.17)
- (4) Disclosing (including oral or visual disclosure) or transferring
- technical data to a foreign person, whether in the United States or abroad
- (5) Performing a defense service on behalf of, or for the benefit of, a
- foreign person, whether in the United States or abroad
- (6)  A launch vehicle or payload shall not, by reason of the launching of
- such vehicle, be considered an export for purposed of this subchapter.
- However, for certain limited purposes the controls of this subchapter may
- apply to any sale, transfer or proposal to sell or transfer defense articles
- or defense services. (See 126.1)

## RLV WORKING GROUP MEETING

_**Exporting - the Basics**_
- What is Technical Data?(ITAR 120.10)
- (1) Information, other than software, which is required for the design,
- development, production, manufacture, assembly, operation, repair,
- testing, maintenance or modification of defense articles.  This includes
- information in the form of blueprints, drawings, photographs, plans,
- instruction and documentation
- (2)  Classified information relating to defense articles and defense
- services
- (3)  Information covered by an invention secrecy order

## RLV WORKING GROUP MEETING

_**Exporting - the Basics**_
- What is Technical Data?(ITAR 120.10)
- (4)  Software directly related to defense articles
- (5)  This definition does not include information concerning general
- scientific, mathematical or engineering principles commonly taught
- in schools, colleges and universities or information in the public
- domain.  It also does not include basic marketing information on
- function or purpose or general system descriptions of defense
- articles

## RLV WORKING GROUP MEETING

_**Exporting - the Basics**_
- What is a Defense Service? (120.9)
- (1) The furnishing of assistance (including training) to foreign persons,
- whether in the United States or abroad in the design, development,
- production, assembly, testing, repair, maintenance, modification,
- operation, demilitarization, destruction, processing or use of defense
- articles
- (2) the furnishing to foreign persons of any technical data controlled
- under this subchapter, whether in the United States or abroad

## RLV WORKING GROUP MEETING

_**Exporting - the Basics**_
- What is a Defense Service? (120.9)
- (3)  Military training of foreign units and forces, regular and
- irregular, including formal or informal instruction of foreign persons
- in the United States or abroad or by correspondence courses, technical,
- educational, or information publications and media of all kinds,
- training aid, orientation, training exercise and military advice

## RLV WORKING GROUP MEETING

_**Exporting - the Basics**_
- What is a Defense Article? (ITAR 120.6)
- Any item or technical data designated in para. 121.1. of this subchapter.
- 121.1 - General. The  United States Munitions List (USML)
- 	Category IV - Launch Vehicles, Guided Missiles, Ballistic
- 			Missiles, Rockets, Torpedoes, Bombs and Mines
- 	Category VIII - Aircraft and Associated Equipment
- 	Category XI - Military Electronics
- 	Category XV - Space Systems and Associated Equipment

## RLV WORKING GROUP MEETING

_**Exporting - the Basics**_
- Who is a US Person? (ITAR 120.15)
- A person who is a lawful permanent resident or who is a protected
- individual.  It also means any corporation, business association,
- partnership, society, trust, or any other entity, organization or group
- that is incorporated to do business in the Untied States.  It also
- includes any governmental (federal, state or local) entity.  It does
- not include any foreign person as defined in section 120.16.

## RLV WORKING GROUP MEETING

_**Exporting - Specific Issues of Concern**_
- Foreign Persons
- 	Employees
- 	Suppliers/Subcontractors and their Employees
- 	Consultants
- 	Regulatory Agencies
- 	Visitors
- 	Customers

## RLV WORKING GROUP MEETING

_**Exporting - Specific Issues of Concern**_
- 	Offshore Procurements
- 	Proposals for sale or manufacture abroad
- 	Internet and electronic mail
- 	Insurance
- 	Special Export Controls (ITAR 124.15) for
- 		Foreign Space Launches

## RLV WORKING GROUP MEETING

_**	**__**	**__**Exporting - Specific Issues of Concern**_
- Missile Technology Control Regime (MTCR) (120.29)
- The policy statement to restrict sensitive missile-relevant transfers.
- The purpose is to limit the risks of proliferation of weapons of mass
- destruction by controlling transfers that could make a contribution to
- delivery systems (other than manned aircraft) for such weapons...
- Restraint will be exercised in the consideration of all transfers of items
- contained within the Annex and all such transfers will be considered on
- a case-by-case basis.

## RLV WORKING GROUP MEETING

_**	**__**	**__**Exporting - Specific Issues of Concern**_
- Missile Technology Control Regime (MTCR)
- Category I items - there will be a strong presumption to deny such
- 	transfers.
- Complete rocket systems and unmanned air vehicle systems capable of
- delivering at least a 500 kg payload to a range of at least 300 km as well
- as the specially designed “production facilities” for these systems