84784 Federal Register / Vol. 89, No. 205 / Wednesday, October 23, 2024 / Proposed Rules 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 740 and 774 

[Docket No. 241004–0265] 

RIN 0694–AH66 

Export Administration Regulations: 

Revisions to Space-Related Export 

Controls, Including Addition of License 

Exception Commercial Space 

Activities (CSA) 

AGENCY: Bureau of Industry and 

Security, Department of Commerce. 

ACTION: Proposed rule. 

SUMMARY: In this proposed rule, the 

Bureau of Industry and Security (BIS) 

proposes changes to controls for 

spacecraft and related items under the 

Export Administration Regulations 

(EAR) that would conform to proposed 

changes to the International Traffic in 

Arms Regulations (ITAR) related to U.S. 

Munitions List (USML) Categories IV 

and XV. This rule also proposes the 

addition of a new license exception for 

certain Commercial Space Activities 

(CSA). This proposed rule is published 

alongside the Department of State 

proposed rule, ‘‘International Traffic in 

Arms Regulations (ITAR): U.S. 

Munitions List Categories IV and XV’’ 

(1400–AE73), which includes proposed 

changes for certain space-related 

defense articles and related controls. 

These proposed rules are intended to 

better enable a globally competitive U.S. 

space industrial base while continuing 

to protect U.S. national security and 

foreign policy interests. 

DATES: Comments must be received by 

BIS no later than November 22, 2024. 

ADDRESSES: Comments on this rule may 

be submitted to the Federal rulemaking 

portal at: https://www.regulations.gov. 

The regulations.gov ID for this rule is: 

BIS–2018–0029. Please refer to RIN 

0694–AH66 in all comments. 

All filers using the portal should use 

the name of the person or entity 

submitting the comments as the name of 

their files, in accordance with the 

instructions below. Anyone submitting 

business confidential information 

should clearly identify the business 

confidential portion at the time of 

submission, file a statement justifying 

nondisclosure and referring to the 

specific legal authority claimed, and 

provide a non-confidential version of 

the submission. 

For comments submitted 

electronically containing business 

confidential information, the file name 

of the business confidential version 

should begin with the characters ‘‘BC.’’ 

Any page containing business 

confidential information must be clearly 

marked ‘‘BUSINESS CONFIDENTIAL’’ 

on the top of that page. The 

corresponding non-confidential version 

of those comments must be clearly 

marked ‘‘PUBLIC.’’ The file name of the 

non-confidential version should begin 

with the character ‘‘P.’’ Any 

submissions with file names that do not 

begin with either a ‘‘BC’’ or a ‘‘P’’ will 

be assumed to be public and will be 

made publicly available at: https://

www.regulations.gov. Commenters 

submitting business confidential 

information are encouraged to scan a 

hard copy of the non-confidential 

version to create an image of the file, 

rather than submitting a digital copy 

with redactions applied, to avoid 

inadvertent redaction errors which 

could enable the public to read business 

confidential information. 

FOR FURTHER INFORMATION CONTACT: 

• For technical questions, contact 

Joseph A. Cristofaro, Director, Sensors, 

Aerospace and Marine Division, Office 

of National Security Controls, Bureau of 

Industry and Security, U.S. Department 

of Commerce, at (202)-482–2440 or by 

email: Joseph.Cristofaro@bis.doc.gov. 

• For general questions, contact 

Regulatory Policy Division, Office of 

Exporter Services, Bureau of Industry 

and Security, U.S. Department of 

Commerce at 202–482–2440 or by email: 

RPD2@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. National Space Council Direction To 

Review Space Export Controls 

On December 20, 2023, the National 

Space Council convened to discuss U.S. 

leadership in space. The Departments of 

State and Commerce (hereinafter, State 

and Commerce, respectively) were 

subsequently tasked to ‘‘conduct a 

review of space export controls to 

enable a globally competitive U.S. 

industrial base while protecting our 

national security and foreign policy 

interests’’ (see The White House FACT 

SHEET: Strengthening U.S. 

International Space Partnerships 

released on December 20, 2023). In 

response to the tasking, and pursuant to 

its authorities under the Export Control 

Reform Act of 2018 (ECRA) (codified, as 

amended, at 50 U.S.C. 4801–4852), BIS 

is publishing concurrently with this 

proposed rule, the Commerce final rule, 

‘‘Export Administration Regulations: 

Removal of License Requirements for 

Certain Spacecraft and Related Items for 

Australia, Canada, and the United 

Kingdom’’ (0694–AJ85). That final rule 

makes important changes to the EAR’s 

controls on remote sensing and spacebased logistics, assembly, and servicing 

spacecraft and related items to better 

rationalize the controls and facilitate 

collaboration with three close allies of 

the United States (i.e., Australia, 

Canada, and the United Kingdom), as 

directed by the Space Council tasking. 

In addition, in response to the tasking, 

BIS is also publishing concurrently with 

this proposed rule a Commerce interim 

final rule, ‘‘Export Administration 

Regulations: Revisions to Space-Related 

Export Controls’’ (0694–AJ87) and that 

Commerce final rule that will build on 

the space-related export control 

revisions for Australia, Canada, and the 

United Kingdom by further reducing the 

export control requirements on certain 

space-related items when destined to 

U.S. allies and partners (including, but 

not limited to Australia, Canada and the 

United Kingdom). 

This proposed rule builds on those 

two rules, to propose EAR changes that 

would conform to proposed changes to 

the ITAR (22 CFR parts 120–130), 

including those related to USML 

Categories IV and XV. This rule also 

proposes the addition of a new EAR 

License Exception for certain 

Commercial Space Activities (CSA). 

This proposed rule is published 

concurrently with the Department of 

State proposed rule, ‘‘International 

Traffic in Arms Regulations (ITAR): U.S. 

Munitions List Categories IV and XV’’ 

(1400–AE73), which proposes changes 

to controls under the ITAR for certain 

space-related defense articles and 

related controls in response to the same 

tasking. Although the two rules are 

complementary and published 

concurrently, they are not published in 

conjunction as joint rules. 

These proposed changes are intended 

to better enable a globally competitive 

U.S. space industrial base while 

continuing to protect U.S. national 

security and foreign policy interests. BIS 

welcomes public comment on the 

impact of the changes proposed in this 

rule, as well as any additional changes 

to the EAR’s space-related export 

controls that could enable a globally 

competitive U.S. space industrial base 

while protecting U.S. national security 

and foreign policy interests. 

In 2023–2024, BIS, in coordination 

with the National Aeronautics and 

Space Administration (NASA) and the 

National Oceanic and Atmospheric 

Administration (NOAA) conducted a 

survey and assessment of organizations 

affiliated with NASA, NOAA, and the 

broader U.S. Civil Space Industrial Base 

(CSIB). The resulting data included 

respondents’ aggregated views on 


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current export control regulations, as 

well as suggestions for revisions, and 

has been broadly used to inform this 

proposed rule. 

B. Past Activities To Review Spacecraft 

and Related Controls Under 

Departments of State and Commerce 

Export Control Authorities 

On March 8, 2019, the Department of 

Commerce (Commerce) and the 

Department of State (State) published 

two advanced notices of proposed 

rulemaking (ANPRMs) (84 FR 8485 and 

84 FR 8486, respectively) seeking input 

on potential revisions to export controls 

related to satellites and spacecraft under 

the ITAR (22 CFR parts 120–130) and 

EAR (15 CFR parts 730–774). In public 

comments received in response to those 

ANPRMs, and during subsequent export 

control outreach events and interagency 

meetings to review space and related 

items export controls, industry and 

interagency representatives proposed 

several amendments to the EAR to 

support more robust international 

partnerships, improve the consistency 

and clarity of the EAR, and ensure that, 

whenever possible, U.S. policies are not 

putting U.S. industries at a comparative 

disadvantage. Building on the 2019 

ANPRMs and as part of its activities 

described under section I.A of this 

proposed rule, the National Space 

Council tasked State and Commerce in 

December 2023 with conducting a 

review of space export controls to 

enable a globally competitive U.S. 

industrial base while protecting national 

security and foreign policy interests. 

Based on that initial interagency review, 

and pursuant to its authorities under 

ECRA, Commerce proposes the 

regulatory changes described in section 

II of this proposed rule. 

In response to the Commerce ANPRM, 

BIS received 19 public comments. The 

19 comments submitted in response to 

the Commerce ANPRM consisted of 

comments from 12 major companies in 

the space industry, four trade 

associations with large representation 

from the space industry, two 

universities well known for their 

research activities in space related 

issues, and one individual. BIS 

summarizes those comments into 22 

topics, which BIS addresses under 

section I.C. BIS has reviewed these 

comments and used them to help inform 

interagency review of export controls on 

space and related items. In this 

proposed rule, BIS summarizes and 

responds to these 22 topics received in 

response to the Commerce ANPRM with 

either regulatory changes or in 

clarifications made in the preamble. 

BIS also notes that a large number of 

the comments received on the 

Commerce ANPRM, which were also 

submitted to State in response to the 

State ANPRM, requested that additional 

space-related defense articles be moved 

from the U.S Munitions List (USML) to 

the Commerce Control List (CCL). BIS 

considered those ITAR specific 

comments as part of the interagency 

review process that included State but 

does not further act upon them here 

because State has the statutory authority 

as delegated by the President to the 

Secretary of State to designate those 

items that are defense articles and 

defense services for purposes of the 

ITAR. 

BIS is publishing this proposed rule 

alongside the State proposed rule to 

propose appropriate EAR controls for 

the items that State proposes to remove 

from the USML. 

BIS reviewed all relevant comments 

submitted in response to the Commerce 

ANPRM and responds to them directly, 

as appropriate, in the discussion of the 

regulatory changes in section II of this 

proposed rule. 

C. Public Comments in Response to 

Commerce 2019 ANPRM 

Topic 1: Supportive of moving items 

from USML to CCL. Commenters on the 

Commerce ANPRM were generally 

supportive of the effort to review the 

controls for spacecraft and related items 

and highlighted the importance of 

conducting regular reviews by the 

agencies, including public input to 

ensure that the controls are 

appropriately calibrated from a 

jurisdictional and license requirement 

perspective. One commenter stated that 

they support BIS’s goals of streamlining 

export control regulations for the 

commercial space industry to secure our 

industrial base and reduce our export 

burdens. Another commenter stated that 

in general, this commenter sees 

developments in the commercial 

communications satellite sector rapidly 

evolving into areas described on the 

USML to emphasize the point for the 

importance of regular reviews of the 

USML and CCL. 

BIS response: BIS agrees that these 

additional proposed changes will help 

to reinforce U.S. technological 

innovation and leadership in the 

commercial space sector while 

safeguarding national security interests. 

BIS agrees that there has been rapid 

innovation and change in the 

commercial satellite servicing sector 

and changes are being proposed in this 

rule to address these developments as 

described below. BIS welcomes any 

additional comments from the public on 

the specific changes included in this 

proposed rule, as well as broader 

comments on reforming space export 

controls in a way that will continue to 

protect U.S. national security and 

foreign policy interests. 

Topic 2: Mandate a regular review of 

the CCL and the USML. A commenter 

stated that the CCL and USML reviews 

should be mandatory and ongoing, with 

a manageable portion of both lists 

revised annually. This commenter 

recommended that 20 percent of the 

CCL and USML be examined each year, 

leading to a full review and revision 

over the course of five-year cycles. 

BIS response: BIS supports the idea of 

regularly reviewing the CCL but does 

not support mandating a particular 

review schedule. Commerce has not 

mandated specific time periods for 

conducting re-reviews of certain 

categories to allow greater flexibility to 

focus on regulations that need re-review 

at certain times. This allows for reviews 

to occur more often for categories that 

include items that are rapidly changing, 

or in paragraphs where there have been 

issues (e.g., a continued large number of 

questions) that indicate refinements of 

the controls may be warranted for 

adjustment or clarity. 

Topic 3: Better distinguish between 

designed to operate/function in outer 

space vs. hardware that is ‘‘specially 

designed’’ for a satellite or spacecraft. 

One commenter requested that a 

distinction should be made between 

items designed to operate/function in 

outer space vs. hardware that is 

‘‘specially designed’’ for a satellite or 

spacecraft. This commenter 

recommended that such items should 

not fall under ECCN 9A515. 

BIS response: BIS does not accept 

making edits to the EAR at this time to 

address this comment. The commenter’s 

recommended criteria appear too broad 

to BIS and could result in certain items 

being released from 9x515 ECCNs that 

warrant being controlled in a 9x5zz 

ECCN. These items need to be retained 

in 9x5zz ECCNs to protect U.S. national 

security and foreign policy interests. BIS 

welcomes comments providing more 

specific examples of what this 

commenter is stating supported by 

further rationale for why these 

particular items should be controlled at 

a lower level. 

Topic 4: Spacecraft related items to 

retain in 9A515. A commenter stated 

that specific defense-related 

commodities that could be militarized 

need to retain more stringent control 

and be retained in ECCN 9A515, which 

includes the following: (1) precision 

location determination sensors; (2) 

propulsion for re-entry; (3) vehicle reVerDate Sep<11>2014 20:52 Oct 22, 2024 Jkt 265001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\23OCP2.SGM 23OCP2

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entry thermal protection; (4) security for 

communications; and (5) high power 

energy and associated technologies. 

BIS response: The proposed rule does 

not decontrol any items from ECCN 

9A515. The rule proposes adding 

additional requirements to 9A515 to 

ensure appropriate controls will be in 

place for any additional spacecraft 

related item that are moved from the 

USML to the CCL. 

Topic 5: Control parameters for large 

aperture earth observation cameras 

needs to be revised to not overreach. 

One commenter requested that State and 

Commerce increase the clear aperture 

diameter threshold for space-qualified 

optics in USML Category XV(a)(7)(i) and 

(e)(2), and ECCN 9A515.g.1 from ‘‘0.50 

meters’’ to ‘‘0.80 meters.’’ This 

commenter stated that the U.S. has been 

building high-resolution commercial 

imaging satellites with similar sized 

optics since the 1990s and that, as of 

2019, U.S. industry faced global 

competitors from at least eight countries 

that can produce one meter-class spacequalified optics. Another commenter 

stated that non-U.S. built commercial 

imaging satellites are already using 

apertures larger than 0.5m and the 

adverse effect on U.S. industry’s 

competitiveness in the international 

market should be considered when 

evaluating tight controls on performance 

parameters. 

BIS response: This proposed rule 

would revise the text of 9A515.g.1, 

which would be responsive to these 

comments. This rule proposes to revise 

ECCN 9A515.g.1 to specify it controls 

space-qualified optics (i.e., lens, mirror, 

membrane having active properties (e.g., 

adaptive, deformable)) with a largest 

individual light collecting or focusing 

area less than 1,020 cm2; or passive 

optics with a largest individual light 

collecting area between 1,020 cm2 and 

2,150 cm2; or Xray grazing incidence 

optics with a total surface area (i.e., 

shells/segments) of less than 25,000 

cm2; or an effective collecting area less 

than 3,000 cm2. State also proposed 

changes in its rule which would 

increase the thresholds, which is why 

BIS is publishing this Commerce 

proposed rule to ensure that appropriate 

controls would be in place to protect 

U.S. national security and foreign policy 

interests for the items that would move 

from the USML to the CCL. 

Topic 6: Codes for trajectories 

involving three-body calculations may 

be covered under fundamental research. 

A commenter stated that national 

interest in space activity in Earth’s CisLunar space is turning toward 

participation by the private or 

commercial sector. Planning trajectories 

in this domain involve three-body 

calculations of a sort different from the 

two-body codes employed previously in 

deep space exploration. The basis of 

three-body trajectory planning is use of 

mathematics from the domain of basic 

or fundamental research. Verified codes 

that employ this mathematics may need 

to be reviewed to determine if they are 

appropriate items for inclusion in either 

ITAR or EAR control. 

BIS response: For items not subject to 

the ITAR, a person in this scenario 

should review part 734 to see if any of 

the specified exclusion criteria may 

apply. BIS also continuously reviews 

emerging and foundational technologies 

(i.e., Section 1758 items) to determine 

when new entries need to be added to 

a 0Y521 ECCN or to a new or existing 

ECCN to ensure appropriate controls are 

in place under the EAR to protect U.S. 

national security and foreign policy 

interests. Section 1758 of ECRA (50 

U.S.C. 4801–4852) authorizes BIS to 

establish appropriate controls on the 

export, reexport or transfer (in-country) 

of emerging and foundational 

technologies essential to the national 

security of the United States. For 

fundamental research into a technology, 

the existing EAR criteria in § 734.8 for 

excluding fundamental research that 

meets the criteria in that section would 

already address it. Commerce notes that 

the development of mathematical 

techniques under the fundamental 

research exclusion does not mean that 

applying those techniques in the 

development of a specific commodity or 

software is also fundamental research. 

BIS also notes that the application of the 

results from prior fundamental research 

in the subsequent engineering 

development phase of research and 

development, and may also include 

proprietary information, both of which 

would be outside the scope of the 

fundamental research exclusion. 

Topic 7: Request for classification 

guidance for science instruments. One 

commenter stated that it would be 

beneficial to have a category that 

provides control guidance for science 

instruments such as mass spectrometers 

(particles, plasmas), Spectral—visible/ 

infrared/ultraviolet/multispectral 

sensors, and Magnetometers. 

BIS response: BIS does not agree that 

creating a separate ECCN classification 

or exclusion from CCL-based controls is 

warranted for these types of science 

instruments because any type of 

exclusion would likely be too broad. 

The existing CCL already controls 

scientific instruments under certain 

ECCNs and other scientific instruments 

are designated as EAR99. BIS welcomes 

comments in response to this proposed 

rule for identifying additional specific 

scientific instruments that should be 

excluded from the scope of certain 

ECCNs. 

Topic 8: Remove worldwide license 

requirement for 9A515.a.4 and 

9A515.a.5. One commenter requested 

BIS remove the worldwide licensing 

requirement for spacecraft controlled 

under 9A515.a.4 that are designed for 

resupply of the International Space 

Station (ISS) or another U.S. space 

station (e.g., the Lunar Gateway) 

controlled similarly under 9A515.a.5. 

BIS response: BIS does not agree. 

With license exceptions under the EAR, 

BIS can facilitate the exports, reexports, 

and transfers (in-country) that are 

consistent with U.S. national security 

and foreign policy interests while still 

imposing a restrictive license 

requirement requiring EAR 

authorization. BIS notes that this rule 

does propose the new License Exception 

Commercial Space Activities (CSA), 

which addresses some of the concerns 

surrounding this comment. BIS 

welcomes comments on the new 

License Exception CSA. 

Topic 9: Small CubeSats should be 

released to a lower level of control. One 

commenter noted that CubeSats of 6U 

size or smaller have become widely 

available as commercial off-the-shelf 

(COTS) systems because: (1) advances in 

satellite technology have provided many 

improvements including lighter 

structural elements, capable 

miniaturized ‘‘components,’’ and low 

power electronics; (2) standardization of 

CubeSat architectures has enabled small 

companies to enter the market as some 

of the previously demanding technical 

obstacles have been mitigated or 

removed. Standardization also has 

lowered the cost of initial investments 

required for entering the market, and the 

need for acquiring data for big data 

applications has increased the market 

interest in CubeSats considerably. This 

commenter specified that CubeSat is a 

quickly growing market. This 

commenter stated that because of the 

COTS availability of 6U or smaller 

CubeSats warrants further review of this 

technology for less stringent licensing 

requirements. 

BIS response: BIS does not agree that 

all CubeSats should be moved to a lower 

level of control. The EAR controls in 

place on some CubeSats based on their 

functionality is needed to protect U.S. 

national security and foreign policy 

interests. BIS also notes that EAR 

authorizations can be an efficient way to 

export, reexport, or transfer (in-country) 

items that would otherwise require a 

license. 


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Topic 10: Remove certain terrestrial 

equipment from 9A515.x and add it as 

a new 9A515.i. 

One commenter recommended adding 

9A515.i (.i is currently reserved) to 

control certain terrestrial equipment 

‘‘specially designed’’ for ‘‘spacecraft.’’ 

This commenter stated that this type of 

equipment is positively described and 

controlled under 9A004 when used with 

the James Webb Space Telescope, but 

when ‘‘specially designed’’ for use in or 

with a 9A515.b ground control system 

and simulator are not positively 

described in 9A515, they are caught 

under the catch-all category of 9A515.x. 

This commenter believes that adding 

telemetry and telecommand equipment 

and simulators as a 9A515 paragraph 

(i.e., 9A515.i) instead of capturing the 

items in a catch-all category, furthers 

the objective of creating a positive 

control list which will result in more 

consistent classifications and licensing 

of these commodities. 

BIS response: BIS does not agree that 

a separate ‘‘items’’ paragraph is needed 

in 9A515.i to control this equipment. In 

the context of ECCN 9A004 and the use 

of this equipment in the James Webb 

Space Telescope, it is warranted to call 

out this specific equipment. In the 

context of ECCN 9A515 where this 

equipment may be ‘‘specially designed’’ 

for use in a variety of spacecraft, it is 

warranted to maintain the classification 

of 9A515.x. 

Topic 11: Clarification needed for 

thrusters for whether to classify under 

ECCNs 9A515 and 9A604. One 

commenter recommended BIS consider 

under ECCN 9A604 adopting text 

similar to that of ECCN 9A515.x by 

controlling ‘‘specially designed’’ ‘‘parts’’ 

and ‘‘components’’ of USML Category 

IV and 9A604 (excluding ‘‘specially 

designed’’ ‘‘parts’’ of 9A604.e and .f) or 

create a new ‘‘items’’ paragraph entry 

under 9A604 to control thrusters 

‘‘specially designed’’ for USML Category 

IV defense articles that are not 

controlled under USML Category IV. 

This commenter stated that unlike 

ECCN 9A515.x, ECCN 9A604.x does not 

generically control ‘‘specially designed’’ 

‘‘parts’’ of 9A604 commodities. This 

commenter stated that this presents a 

classification challenge because 

following the CCL Order of Review 

process leaves the classifier in a 

quandary about how to classify the 

thruster, especially when the item 

peculiarly responsible for the controlled 

performance, characteristic, or function 

of the Category IV defense article is a 

‘‘part’’ or ‘‘component’’ of the thruster. 

This commenter stated that in this case 

they choose to classify the complete 

thruster as ECCN 9A604.x and the 

‘‘specially designed’’ ‘‘component’’ as 

ECCN 9A604.x. 

BIS response: Other than certain 

model and high power rocket motors, 

the USML currently describes all rocket, 

SLV, and missile engines and motors. 

For a thruster that is not subject to the 

ITAR, in these types of classification 

scenarios BIS would look to whether the 

thruster was for spacecraft and met the 

control parameter in 9A515.h. When 

asked by the public, BIS has generally 

advised industry to treat thrusters under 

USML Category IV or ECCN 9A604. BIS 

further notes that if the thrusters were 

for satellite functionality they would be 

classified under 9A515. BIS reminds 

exporters, reexporters, and transferors 

that if a person needs assistance in 

classifying such items, they may submit 

a free classification request to BIS using 

the SNAP–R System on the BIS website 

at: https://www.bis.doc.gov. 

Topic 12: License Exception eligibility 

for 9x515 items. One commenter states 

that hardware purchased from a foreign 

vendor often needs to be sent back to 

the vendor for various reasons, 

including repair, maintenance, 

calibration, or exchange. This 

commenter stated that in the case of 

hardware that originated abroad, a less 

stringent licensing requirement is 

warranted, especially if the U.S. user 

can document the fact that the hardware 

does not bear any indication of what it 

was used for or the data that it produced 

during use by the U.S. individual. 

BIS response: License Exception TMP 

under § 740.9(a)(6) (Inspection, test, 

calibration, and repair) already 

addresses this comment. If the scenario 

was altered slightly where it involved 

reexports between two foreign countries 

for repair or servicing, then License 

Exception TMP under § 740.9(a)(6) 

would be used for the initial reexport, 

and then License Exception RPL under 

§ 740.10(b) would address return of the 

repaired or serviced commodity in that 

scenario. License Exception RPL is not 

needed for the return leg of the 

transaction in this commenter’s scenario 

because no EAR authorization would be 

required to return the serviced or 

repaired item to the U.S. No additional 

changes are needed or warranted. 

Topic 13: Reduce the number of 

agencies and organizations/offices that 

review export licenses, advisory 

opinions, commodity jurisdictions, and 

commodity classification requests. A 

commenter requested that BIS reduce 

the number of agencies that review 

license applications, as well as other 

key documents BIS reviews, to help 

improve the efficiency of the review 

processes for the licensing of 9x515 

items. This commenter stated that the 

multiple layers of review often 

involving various agencies results in 

unnecessarily long processing times. 

BIS response: BIS’s license review 

process, including the agencies that 

review BIS license applications, is 

mandated by Executive Order (E.O.) 

12981, ECRA, and required under the 

regulatory provisions in part 750 of the 

EAR. BIS also notes that that other 

agencies that review BIS licenses play 

an important role in helping to protect 

U.S. export control interests when 

decisions are made whether to approve 

a license application. BIS clarifies here 

that the review of advisory opinions 

and, until fairly recently, classifications, 

were already done within just BIS in 

most cases. As a result, any 

improvements that would need to be 

made for efficiency would be within 

BIS. BIS does evaluate on a regular basis 

ways that these various review 

processes can be improved. For 

example, BIS believes that having clear 

and objective CCL control parameters 

helps reduce the number of 

classification requests that BIS receives. 

BIS is soliciting comments in response 

to this proposed rule, including on these 

proposed ECCN control parameters, 

assists BIS in making the process more 

efficient if the public’s input helps BIS 

confirm whether the proposed control 

parameters are clear and if any 

refinements are needed. 

Topic 14: Improving efficiency of 

reviews by fully staffing reviewing 

agencies and continuing to work during 

a lapse in Federal funding. One 

commenter made two recommendations 

for how to improve the efficiency of 

license review and classifications for 

spacecraft and related items. This 

commenter recommended that each of 

the agencies that review BIS licenses or 

are involved in reviewing classification 

requests should be fully staffed. This 

same commenter recommended that 

during any U.S. Government lapse in 

funding that the staff working at these 

agencies reviewing BIS licenses and 

classification requests will continue to 

be able to work. 

BIS response: BIS agrees that fully 

staffing each of the respective agencies 

would help improve the efficiency of 

the licensing process. BIS does not have 

any control over staffing decisions at 

other agencies. BIS also seeks to be fully 

staffed to ensure the work of BIS can be 

completed in a timely and efficient 

fashion with decisions made that 

protect U.S. national security and 

foreign policy interests. BIS notes that 

there are statutory limitations that 

prevent BIS, as well as many other U.S. 

Government employees who are not 

deemed essential or some other 


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exempted category, to continue working 

during a lapse in Federal funding. For 

essential employees that do continue to 

work during a lapse in Federal funding, 

there are statutory limits for the 

activities that these types of U.S. 

Government personnel may engage in. 

BIS notes that even during a lapse in 

Federal funding that license 

applications that are critical to health 

and safety would generally continue to 

be processed by employees determined 

to be essential. Because BIS does not 

impose fees for applying for licenses 

and submitting classification requests to 

BIS, there are limits to what can be done 

to continue operations when there is a 

lapse in Federal funding. By statute, 

under ECRA, BIS is prohibited from 

charging fees to apply for BIS licenses, 

which benefits exporters, reexporters, 

and transferors because they do not 

need to pay a fee to apply for a license. 

In order to apply for a BIS license or 

submit a classification request to BIS, an 

applicant needs to register in BIS’s 

SNAP–R system, but this registration 

process is free. After any lapse in 

Federal funding, BIS, as well as the 

other agencies involved in reviewing 

BIS licenses or classifications requests, 

do the best they can to reduce any 

backlog of applications. 

Topic 15: Cost savings to private 

entities by shifting control of additional 

items from the USML to the CCL. One 

commenter in response to the 

Commerce ANPRM addressing whether 

there were past cost savings from USML 

Categories IV or XV to the CCL, stated 

that, in general, compliance with EAR 

controls requires fewer company 

resources (i.e., less time and personnel 

devoted to drafting and submitting 

licenses and complying with 

administrative obligations) than 

compliance with State’s ITAR controls, 

given the greater flexibility of licensing 

and exporting under the EAR versus the 

ITAR. 

BIS response: This commenter’s 

statement is consistent with past 

representations made by BIS and State, 

as well as by comments received by the 

public over the years in response to 

USML to CCL review process rules. BIS 

notes that this comment was made in 

response to the Commerce ANPRM, and 

that, in State’s proposed rule published 

alongside this BIS proposed rule, State 

is proposing new ITAR exemptions for 

certain space related activities. BIS is 

also proposing new EAR License 

Exception CSA to mirror the ITAR 

exemptions where it makes sense in the 

context of the EAR for spacecraft and 

related items subject to the EAR. 

Comments specific to the ITAR should 

be directed to State in response to its 

proposed rule, but BIS does welcome 

comments on whether the changes 

included in the Commerce and State 

proposed rules impact the perceived 

cost savings for entities in the space 

industry. 

Topic 16: Previous movement of 

certain spacecraft related items led to 

positive benefits, but more items should 

be moved to see greater benefits for the 

space industry. One commenter noted 

that previous efforts to remove spacerelated items from the USML and add 

them to the CCL have had a positive 

benefit for commercial and civil space 

opportunities, helping to make U.S. 

companies more competitive, reduce 

costs, and facilitate international 

cooperation. This commenter also stated 

that there are additional items that, 

when intended for use in commercial 

civil applications, should be removed 

from the USML and controlled on the 

CCL. 

BIS response: BIS acknowledges that 

moving additional items to the CCL, 

provided those items are determined to 

not warrant ITAR control by State, 

would generally provide greater 

flexibility under the EAR because of 

additional flexibility for the availability 

of EAR license exceptions and 

difference in license application 

requirements, such as not requiring a 

purchase order to apply for a BIS license 

for 9x515 spacecraft related items. 

Topic 17: Potential for new costs 

savings or other benefits for the space 

industry. One commenter stated that to 

the extent that future regulatory changes 

clarify existing ambiguities and 

minimize the need for export 

authorizations under the ITAR and EAR 

for a single program, such changes 

would be expected to result in 

quantifiable cost savings. 

BIS response: BIS agrees that reducing 

the regulatory burden, including from 

increasing clarity of the regulatory 

provisions, can result in cost savings for 

the industry. The proposed addition of 

License Exception CSA in this proposed 

rule is responsive to this comment, as 

well as other changes included in this 

proposed rule, and the two related 

Commerce final rule and IFR that are 

published concurrently with this 

proposed rule, that also made changes 

that were responsive to this comment. 

BIS welcomes comments in response to 

this proposed rule whether the 

proposed changes would result in new 

cost savings for the space industry (e.g., 

for the space programs that this 

commenter references). 

Topic 18: Movement of items from 

USML to CCL resulted in increased cost 

and complexity. One commenter stated 

that to date, spacecraft and launch 

vehicle manufacturers have not seen a 

cost benefit from moving certain items 

from the USML to the CCL. This 

commenter noted that as the categories 

(i.e., USML Categories and ECCNs) 

increase in complexity, industry utilizes 

more resources to classify hardware and 

associated data/technology. 

BIS response: BIS notes that this 

comment on the Commerce ANPRM is 

an outlier compared to the other 

comments received that support the 

opposite perspective that there have 

been significant cost savings to the 

space industry, along with increased 

opportunities for international 

collaboration, as a result of these 

categories increasing in complexity. 

Because other comments received were 

supportive, BIS believes that the space 

industry as a whole has seen these 

export control changes as reducing costs 

and increasing opportunities for the 

space industry. BIS notes that the 

classification process is a one-time cost, 

not a recurring cost. In addition, the 

USML Order of Review and CCL Order 

of Review should direct a person 

classifying an item to the appropriate 

jurisdiction and classification of an item 

and reduce the need for submitting CJ 

determinations. BIS welcomes 

comments in this area whether other 

commenters feel the same as this 

commenter taking into consideration the 

passage of time since 2019 and the 

additional changes that are proposed to 

the spacecraft and related items controls 

in this proposed rule, as well as the 

Commerce final rule and IFR published 

concurrently with this proposed rule. 

Topic 19: Increased complexity 

because a greater number of 

authorizations are available and 

sometimes needed to cover a large 

program. One commenter stated that 

because all spacecraft ‘‘components’’ are 

not in the same ‘‘items’’ paragraph .x 

classification under the ECCNs, 

spacecraft manufacturers utilize more 

resources to develop and manage export 

authorizations. This commenter stated 

that in many cases, multiple 

authorizations, which may include in 

certain cases authorization from State 

and Commerce, are required for one 

space industry program. 

BIS response: BIS agrees that there are 

a greater number of authorizations that 

are now available to authorize exports, 

reexports, and transfers (in-country). 

However, for those exporters, 

reexporters, or transferors that prefer to 

have a single authorization, there are 

options to take that more simplified 

approach. For example, there is the 

ITAR § 120.5(b) process, so if an 

exporter prefers to have a single 

authorization in certain cases, they 


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could do that with a State license or 

other approval, provided the EAR item 

was being exported in or with a defense 

article and the other applicable terms 

and conditions of § 120.5(b) of the ITAR 

are met. Ultimately, having greater 

flexibility with items moving to the EAR 

means that different authorizations may 

be available, but may not apply in every 

case. Similar to the ITAR § 120.5(b) 

process, if an exporter wishes to have a 

single authorization under the EAR for 

all of the items subject to the EAR, that 

is possible by applying for a BIS license 

to cover all of the items for that export, 

reexport, or transfer (in-country). BIS 

does not disagree with the commenter 

that having various authorizations 

potentially available does result in some 

additional burdens, but BIS believes 

those additional authorizations and 

flexibility it affords to exporters, 

reexporters, and transferors, outweighs 

the burdens of having greater options for 

authorizations under the EAR. 

Topic 20: Movement of items from 

USML to CCL has increased, rather than 

lessened complexity because this was a 

unilateral effort that did not involve 

international agreements or partners. 

One commenter stated that the 

movement of items from the USML to 

the CCL (e.g., spacecraft and related 

items from the USML to the CCL) has 

compounded, rather than lessened, the 

fragmentation of the export control 

system because this reform effort has 

been a strictly U.S. program. This 

commenter asserted that the U.S. 

Government made no effort to reach 

international agreement at the 

multilateral export control regimes on 

either the technologies transferred from 

the USML to the CCL nor the 

accompanying non-technical verbiage. 

BIS response: BIS does not agree. BIS 

notes that there is national discretion for 

how regime members of the multilateral 

export control regimes fulfill their 

commitments. The determination by 

State that certain items did not warrant 

control under the ITAR and the 

subsequent moving of those items, 

where they are controlled on the CCL, 

to the EAR was consistent with U.S. 

Government commitments to the 

multilateral export control regimes. The 

additional items that are proposed to be 

moved from the USML to the CCL in the 

Department of State proposed rule and 

the EAR controls that would apply to 

those items in this Commerce proposed 

rule would also be consistent with U.S. 

Government multilateral export control 

regime commitments. For example, the 

items moved or proposed to be moved 

to ECCN 9A515 on the CCL would be 

controlled for national security (NS) 

reasons, and for certain items for missile 

technology (MT) reasons, so nothing 

that was done in past movements of 

space and related items from the USML 

to the CCL, or that is proposed in this 

proposed rule or the State proposed 

rule, are inconsistent with U.S. 

Government multilateral regime 

commitments. Defined terms under the 

EAR are consistent with defined terms 

under the multilateral export control 

regimes. 

Topic 21: License requirement for 

India for 9A515.e should be added to 

the Commerce Country Chart or 

removed. One commenter stated that the 

regional stability (RS2) license 

requirement for ECCN 9A515.e destined 

to India that is in Footnote 7 to the 

Commerce Country Chart in supplement 

no. 1 to part 738 is often overlooked. 

This commenter asked whether this 

license requirement should be added to 

the Commerce Country Chart or whether 

the footnote and license requirement for 

ECCN 9A515.e should be removed now 

that India is a member of the Wassenaar 

Arrangement. 

BIS response: BIS clarifies here that 

the Commerce Country Chart Footnote 7 

for the entry for India directs exporters, 

reexporters, or transferors to review that 

license requirement. Accordingly, BIS 

does not agree that the license 

requirement for India for ECCN 9A515.e 

is not identified on the Commerce 

Country Chart. The Commerce Country 

Chart includes eight footnotes so that 

exporters, reexporters, and transferors 

need to be aware of the importance of 

reviewing any applicable footnote for a 

country entry they are reviewing on the 

Commerce Country Chart. BIS also notes 

that the Footnote 7 structure is 

important to maintain because India 

does not require a CCL-based license 

requirement for RS2 under the RS2 

license requirement column on the 

Commerce Country Chart, so an 

alternative method is needed to impose 

that license requirement. BIS has 

determined that ECCN 9A515.e 

continues to warrant a license 

requirement for India. However, BIS 

also notes that as a Country Group A 

country that License Exception STA is 

available to authorize such exports, 

reexports, or transfers (in-country) 

destined to or within India. 

Topic 22: Clarifying the scope of 

control status for rovers, habitats, 

commercial crew vehicles, and other 

robotic space equipment. Two 

commenters on the Commerce ANPRM 

requested that BIS clarify and update 

the control status for rovers, habitats, 

commercial crew vehicles, and other 

robotic space equipment that are 

designed to operate in outer space but 

are not hardware ‘‘specially designed’’ 

for a satellite or spacecraft. These 

commenters stated that such 

commodities should not fall under 

ECCN 9A515. 

BIS response: This proposed rule is 

responsive to these comments with the 

revisions this rule proposes for 

removing the reference in Note 1 to 

9A515 to ‘‘planetary rovers’’ and ‘‘inspace habitats’’ and the addition of Note 

7 to 9A515. 

II. Overview of This Proposed Rule 

This rule proposes two sets of changes 

to controls for spacecraft and related 

items under the EAR pursuant to the 

legal authority of the Export Control 

Reform Act of 2018 (ECRA) (codified, as 

amended, at 50 U.S.C. 4801–4852). 

Section 1753(a) of ECRA (50 U.S.C. 

4812) authorizes the regulation of ‘‘(1) 

the export, reexport, and in-country 

transfer of items subject to the 

jurisdiction of the United States, 

whether by United States persons or by 

foreign persons.’’ First, BIS proposes 

amending the EAR to conform to State’s 

proposed changes related to USML 

Categories IV and XV. Second, BIS 

proposes adding a new license 

exception to the EAR for certain 

Commercial Space Activities (CSA), 

which would mirror certain exemptions 

proposed to be made available for 

defense articles under the ITAR. BIS 

welcomes comments that identify any 

further amendments to the EAR (and 

corresponding amendments to the 

ITAR) that better enable a globally 

competitive U.S. space industrial base 

while continuing to protect U.S. 

national security and foreign policy 

interests. 

A. EAR Changes To Conform to ITAR 

Changes Related to USML Categories IV 

and XV 

BIS is proposing changes to Export 

Control Classification Number (ECCN) 

9A515, the addition of 9C515, and 

changes to 9D515 and 9E515 in 

supplement no. 1 to part 774 of the 

EAR, described under section III.A.1. 

through .4. BIS estimates that these 

amendments would result in an 

additional 90 license applications 

submitted to BIS annually. 

This rule does not propose any 

changes to ECCN 9A004, but BIS does 

welcome comments from the public on 

whether any additional changes to 

ECCN 9A004 should be made, including 

whether changes should be made to 

ECCN 9A004 to remove references to 

items paragraphs in 9A004 that are 

otherwise subject to the ITAR or 

classified under ECCN 9A515. BIS has 

maintained the current structure of 

ECCN 9A004 for consistency with the 


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Wassenaar Arrangement, but does 

welcome any additional comments on 

whether the current structure for ECCN 

9A004 and how that cross references 

items subject to ITAR and ECCN 9A515 

may be improved. 

1. ECCN 9A515 

a. Revises 9A515.a to remove text that 

is not needed as part of the control 

parameter. In ECCN 9A515, this rule 

proposes revising 9A515.a to remove the 

phrase ‘whether designated 

developmental, experimental, research 

or scientific’ because this text is not 

needed as part of the control parameter. 

ECCN 9A515.a controls all ‘‘spacecraft,’’ 

including satellites, and space vehicles 

and ‘‘sub-orbital craft’’ not enumerated 

in USML Category XV or described in 

ECCN 9A004.u or .w, that meet the 

control parameters under one of the 

‘‘items’’ paragraphs under 9A515.a.1 

through a.5, so the additional text that 

this rule would remove is not needed to 

describe the scope of commodities 

controlled. 

b. Revises 9A515.a.4 to impose a 

broader control parameter. This rule 

proposes expanding the control 

parameter under 9A515.a.4 to control 

‘‘spacecraft’’ that perform remote 

proximity on-orbit services to other 

spacecraft (e.g., docking, delivery, 

refueling, or servicing), provide life 

sustaining operations (e.g, space 

stations, space hotels, outposts, or 

laboratories), or capture, collect, and 

remove space debris. This expanded 

control parameter is needed to control 

additional ‘‘spacecraft’’ that would be 

moved to the CCL from the USML. 

c. Excluding planetary rovers and inspace habitats not identified in ECCN 

9A004 or USML Category XV(a) from 

the scope of 9A515.a. This rule proposes 

revising Note 1 to 9A515.a to remove 

the terms ‘‘planetary rovers’’ and ‘‘inspace habitats.’’ This rule also proposes 

adding new Note 7 to 9A515 to specify 

these commodities are not within the 

scope of 9A515. 

d. Revision to Note 2 to 9A515.d and 

.e to remove text for clarity. Note 2 to 

9A515.d and .e, which provides 

guidance on the scope of Application 

Specific Integrated Circuits (ASICs) that 

are controlled under ECCN 9A515.d. 

and .e, is proposed to be modified to 

more clearly describe the items in 

9A515.d and .e and related controls. 

e. Revision to 9A515.g.1 to impose a 

broader control parameter. This rule 

proposes expanding the control 

parameter under 9A515.g.1 to control 

space-qualified optics (i.e., lens, mirror, 

membrane having active properties (e.g., 

adaptive, deformable)) with a largest 

individual light collecting or focusing 

area less than 1,020 cm2; or passive 

optics with a largest individual light 

collecting area between 1,020 cm2 and 

2,150 cm2; or X-ray grazing incidence 

optics with a total surface area (shells/ 

segments) of less than 25,000 cm2; or an 

effective collecting area less than 3,000 

cm2. This expanded control parameter 

is needed to control additional spacequalified optics that would be moved to 

the CCL from the USML. 

f. Revision to 9A515.h to remove the 

term ‘‘spacecraft.’’ This rule proposes 

removing the term ‘‘spacecraft’’ before 

the term thrusters in 9A515.h because 

the term is not needed. The heading of 

ECCN 9A515 already makes it clear that 

the thrusters that are controlled under 

this ECCN would be thrusters that are 

for ‘‘spacecraft’’ when these thrusters 

meet the control parameters under 

9A515.h. 

g. Addition of 9A515.i. This rule 

proposes adding a new 9A515.i to 

control Electric (Plasma/Ion) thrusters 

and their associated power control 

systems operating at in input power of 

less than 20kW and having an 

individual thrust of at least 400 milliNewtons, but not also having a specific 

impulse better than 1,900 seconds, 

which the Department of State has 

proposed moving from the USML to the 

CCL. 

h. Addition of 9A515.j. This rule 

proposes adding a new 9A515.j to 

capture Control moment gyroscopes 

(CMG) ‘‘specially designed’’ for 

spacecraft that provide an angular 

momentum of less than 2.0 (N m sec) or 

provide a torque of less than Newton 

meters (N m), which the Department of 

State has proposed moving from the 

USML to the CCL. This rule also 

proposes adding a Note 4 to 9A616.j to 

specify that if a CMG has an angular 

momentum of at least 2.0 Newton meter 

seconds (N m sec), provide a torque of 

at least 6.0 Newton meters (N m), and 

are ‘‘specially designed’’ for spacecraft it 

is subject to USML Category XV(e)(13). 

i. Addition of 9A515.k. This rule 

proposes adding a new 9A515.k to 

control hold-down or satellite release 

mechanisms (i.e., clampbands, adapters, 

dispensers, or motorized lightbands) not 

described in USML Category IV(e)(5), 

excluding those for 1U CubeSats or less. 

j. Clarification of 9A515.y. This rule 

proposes adding the term ’as follows’ at 

the end of the introductory text of 

9A515.y to make it clear that any item 

that is ‘‘specially designed’’ for 

purposes of 9A515.x that also meets any 

of the control parameter descriptions 

under 9A515.y.1 through y.6 is 

controlled under 9A515.y. 

k. Addition of Note 8 to 9A515 to 

specify rovers and in-space habitats are 

not classified under ECCN 9A515. This 

rule proposes to add new Note 8 to 

9A515 to specify that rovers and inspace habitats are not classified under 

ECCN 9A515. Following the CCL Order 

of Review, a person classifying these 

commodities would go to the beginning 

of CCL Category 9 and review the other 

ECCNs that may be applicable (e.g., 

ECCN 9A004.r for in-space habitats) and 

then if none of those are applicable, 

then the items in question would be 

designated as EAR99. 

l. Conforming changes. This rule 

proposes as a conforming change 

reserving paragraphs (1) through (w) to 

reflect the proposed additions to 9A515. 

In addition to complying with Office of 

Federal Register (OFR) drafting 

requirements for the designation of 

Notes, this proposed rule, the Note to 

9A515.a would get redesignated as Note 

1 to 9A515.a; Note 1 to 9A515.d and .e 

would get redesignated as Note 2 to 

9A515.d and .e; Note 2 to 9A515.d and 

.e would get redesignated as Note 3 to 

9A515.d and .e; and Note to 9A515.x 

would get redesignated as Note 5 to 

9A515.x, Note 5 to 9A515.b and .x 

would get redesignated as Note 6 to 

9A515.b and .x, and Note 6 to 9A515 

would get redesignated as Note 7 to 

9A515. Lastly, in ECCN 9A515 in the 

List of Items Controlled section under 

the Related Controls paragraph, this rule 

proposes revising the first sentence to 

removes the phrase ‘enumerated on the 

USML’ and add in its place the phrase 

‘described on the USML’ to conform 

with ITAR terminology used to describe 

the USML. 

2. Addition of New 9C515 

a. Materials classified under new 

9C515. This rule proposes adding a new 

‘‘materials’’ ECCN to the CCL by adding 

a new ECCN 9C515, which would 

control materials, coatings, treatments 

for reducing in-orbit signatures (i.e., 

radar, optical, ultraviolet, and infrared) 

of spacecraft, not described by USML 

Categories XIII(j) or XV(e)(22), such as 

blankets, films, tapes, and paints as 

identified in the List of Items 

Controlled. This new ECCN 9C515 

would only control ‘‘materials’’ that are 

not subject the ITAR. This rule proposes 

these materials would be controlled 

under ECCN 9C515, which would 

consist of materials, coatings, treatments 

for reducing in-orbit signatures (i.e., 

radar, optical, ultra violet, and infrared) 

of spacecraft such as blankets, films, 

tapes, and paints with either of the 

following characteristics specified 

under 9C515.a.1 (i.e., designed to 

reduce radar, ultra-violet, & infrared 

signature by 20% or more), or 9C515.a.2 


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(i.e., designed to reduce optical 

signature by 50% or more). 

b. Note to 9C515 would clarify 

materials included and excluded under 

this new ECCN. This rule also proposes 

a note to 9C515 that would clarify the 

scope of this new ECCN. The new Note 

under paragraph (1) would specify that 

materials controlled by 9C515 include 

structural materials and coatings 

(including paints), ‘‘specially designed’’ 

for reduced or tailored reflectivity or 

emissivity in the microwave, infrared, 

or ultraviolet spectra. Paragraph (2) of 

the note to 9C515 would specify that 

this entry does not control materials 

used for the purpose of reducing 

brightness from the ground. These first 

two paragraphs of the Note to 9C515 

would be intended to focus the scope of 

this new ECCN 9C515, so it would not 

be broader than intended. Paragraph (3) 

to the Note to 9C515 would include a 

cross reference back to the USML to 

specify that 9C515 applies to certain 

‘‘materials’’ for commodities that meet 

the definition of defense articles under 

22 CFR 120.31 of the ITAR, which 

describes similar commodities ‘‘subject 

to the ITAR,’’ including USML Category 

XIII. 

c. License requirements and license 

exception eligibility for 9C515. This rule 

proposes adding new ECCN 9C515 to 

impose appropriate controls under the 

EAR for this material that would be 

moved from the USML to the CCL. This 

material would be controlled for NS1, 

RS1, and AT1. No list-based license 

exceptions would be available for this 

‘‘material.’’ License Exception STA 

under the paragraph (c)(1) authorization 

for Country Group A:5 countries would 

be eligible, but (c)(2) of License 

Exception STA (§ 740.20(c)(2)) may not 

be used for any item in 9C515. 

3. ECCN 9D515 

a. Addition of 9D515.c. This proposed 

rule would add new ECCN 9D515.c to 

clarify that this software would be 

within the scope of 9D515. New 

9D515.c would specify that Space 

Situational Awareness (SSA) analysis 

‘‘software’’ used to model, simulate, 

optimize, or perform operations 

involving spacecraft maneuvers, 

trajectory planning, or debris tracking 

would be within the scope of this ECCN. 

The control parameter would include 

when this ‘‘software’’ is incorporated 

into a ground system, as well as when 

the ‘‘software’’ is incorporated into a 

‘‘spacecraft.’’ 

b. Conforming change. In ECCN 

9D515’s List of Items Controlled section 

under the Related Controls paragraph 

(1), this rule proposes revising the first 

sentence to remove the phrase 

’enumerated on USML Category XV’ and 

add in its place the phrase ’described in 

USML Category XV’ for consistency 

with ITAR terminology used to describe 

the USML. This rule also proposes 

revising the same sentence to remove 

the phrase ’is subject to the control of 

USML paragraph XV(f)’ and add in its 

place a more general reference of 

’subject to the ITAR.’ 

4. ECCN 9E515 

This rule proposes revising ECCN 

9E515 to add new items paragraphs 

9E515.g, .h, and .i to control certain 

‘‘technology’’ for new 9A515.i, .j, and .k 

that this rule also proposes adding to 

ECCN 9A515 as described further under 

III.A.1.a through .e. 

a. Addition of 9E515.g. This rule 

proposes adding a new 9E515.g to 

control ‘‘technology’’ ‘‘required’’ for the 

‘‘development,’’ ‘‘production,’’ 

operation, failure analysis or anomaly 

resolution of commodities controlled by 

ECCN 9A515.i. This would be a 

necessary conforming change to reflect 

the proposed new addition of the 

control parameter under ECCN 9A515.i 

to ensure that an EAR authorization 

would be required under NS1, RS1 

worldwide except for exports and 

reexports to Australia, Canada, and the 

United Kingdom. 

b. Addition of 9E515.h. This rule 

proposes adding a new 9E515.h to 

control ‘‘technology’’ ‘‘required’’ for the 

‘‘development,’’ ‘‘production,’’ 

operation, failure analysis or anomaly 

resolution of commodities controlled by 

ECCN 9A515.j. This would be a needed 

conforming change to reflect the 

proposed new addition of the control 

parameter under ECCN 9A515.j to 

ensure that an EAR authorization would 

be required under NS1, RS1 worldwide 

except for exports and reexports to 

Australia, Canada, and the United 

Kingdom. 

c. Addition of 9E515.i. This rule 

proposes adding a new 9E515.i to 

control ‘‘technology’’ ‘‘required’’ for the 

‘‘development,’’ ‘‘production,’’ 

operation, failure analysis or anomaly 

resolution of commodities controlled by 

ECCN 9A515.k. This would be a needed 

conforming change to reflect the 

proposed new addition of the control 

parameter under ECCN 9A515.k to 

ensure an EAR authorization would be 

required under NS1, RS1 worldwide 

except for exports and reexports to 

Australia, Canada, and the United 

Kingdom. 

d. Conforming change. This rule 

proposes reserving ‘‘items’’ .j through .x 

to account for the proposed additions of 

ECCN 9E515.g, .h, and .i. 

B. Addition of New License Exception 

for Commercial Space Activities (CSA) 

1. New License Exception CSA 

In part 740 (License Exceptions) to the 

EAR, BIS proposes adding a new license 

exception under § 740.26 for 

Commercial Space Activities (CSA) for 

official space agency programs and 

space tourism and research. The new 

License Exception would consist of 

paragraphs (a) (Scope), (b) (Exclusions), 

and (c) (Authorizations). Under 

Authorizations, (c)(1) would provide an 

authorization for ‘official space agency 

programs’ and (c)(2) would provide an 

authorization for Space Tourism and 

Research. The State proposed rule 

published concurrently with this 

Commerce proposed rule, proposes 

similar ITAR exemptions for these types 

of Civil Space Activities specific to 

defense articles that are subject to the 

ITAR. 

Paragraph (a) (Scope) would specify 

the two types of authorizations that are 

available to authorize certain 9x5zz and 

9A004 items for certain specified 

commercial space activities. Paragraph 

(a) would specify that License Exception 

CSA would authorize under paragraph 

(c)(1) exports, reexports, and transfers 

(in-country) of items subject to the EAR 

and classified in 9x5zz or 9A004 ECCNs 

for certain ‘official space agency 

programs.’ The paragraph (c)(1) 

authorization would only be available 

when the export, reexport, or transfer 

(in-country) is entirely within the scope 

of an official space agency program 

identified in paragraph (c)(1)(i) of 

License Exception CSA, and subject to 

the exclusions in paragraph (b). License 

Exception CSA would also authorize 

under paragraph (c)(2) exports, 

reexports, and transfers (in-country) of 

manned spacecraft subject to the EAR 

and ‘‘parts,’’ ‘‘components,’’ 

‘‘accessories,’’ and ‘‘attachments’’ 

subject to the EAR solely for use in or 

with such spacecraft, provided the 

requirements under paragraph (c)(2)(i) 

through (iv) are met, and subject to the 

exclusions in paragraph (b). 

Paragraph (b) would clarify that 

License Exception CSA is not available 

for any export, reexport, or transfer (incountry) that is excluded under 

paragraphs (b)(1), (2), (3), (4), or (5) of 

License Exception CSA. These 

exclusions would not allow the use of 

License Exception CSA when: (1) a 

‘‘proscribed person’’ (e.g., any entity 

listed on the Entity List) is a party to the 

transaction; (2) a license is required 

under a part 744 end use or end user 

control; (3) if the export, reexport, or 

transfer (in-country) is for the purpose 

of establishing offshore procurement 


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arrangements or producing any item 

classified in a 9x515 or 9A004 ECCN 

offshore; (4) any export or reexport to or 

transfer (in-country) within a 

destination listed in Country Groups 

D:1, D:4, or D:5 in supplement no. 1 to 

part 740; or (5) the export, reexport, or 

transfer (in-country) is any radiationtolerant hardware classified in ECCN 

9A515.d or .e or related ‘‘technology.’’ 

These exclusions from the use of 

License Exception CSA for these 

specified end users, end uses, and 

destinations of concern are needed to 

protect U.S. national security and 

foreign policy interests. 

The proposed paragraph (c)(1) 

authorization would authorize exports, 

reexports, and transfers (in-country) of 

items subject to the EAR for an ‘official 

space agency programs.’ The paragraph 

(c)(1) authorization would also require 

that the export, reexport, or transfer (incountry) would need to be entirely 

within the scope of an official space 

agency program identified in paragraph 

(c)(1)(i) of License Exception CSA, and 

subject to the exclusions in paragraph 

(b). Paragraph (c)(1)(i) (Eligible ‘official 

space agency programs’) would specify, 

for purposes of the paragraph (c)(1) 

authorization under License Exception 

CSA, the following programs for formal 

spacecraft, independent of the launch 

vehicles that deliver them to orbit, are 

eligible for License Exception CSA 

under the paragraph (c)(1) 

authorization, provided the terms and 

conditions of paragraph (c)(1) are met: 

(1) NASA’s Lunar Gateway; (2) NASA’s 

Mars Sample Return (a program that 

entails multiple spacecraft); (3) Nancy 

Grace Roman Telescope; (4) The Orion 

spacecraft; (5) Commercial Low Earth 

Orbit Development program; and (6) 

Habitable Worlds Observatory. 

Paragraph (c)(1)(i) would specify that 

the authorization under paragraph (c)(1) 

is only available for items that are 

subject to the EAR that are for an export, 

reexport, or transfer (in-country), that is 

entirely within the scope of ‘official 

space agency programs.’ This rule 

proposes including an example in 

paragraph (c)(1)(i) for the export of an 

ECCN 9A515.x ‘‘component’’ to a space 

contractor in France that is ‘‘producing’’ 

a higher level assembly that will be for 

use in NASA’s Lunar Gateway program 

to assist understanding of the types of 

exports, reexports, or transfers (incountry) that License Exception CSA 

would authorize under the paragraph 

(c)(1) authorization. 

The proposed paragraph (c)(2) would 

authorize the export, reexport, or 

transfer (in-country) of manned 

spacecraft subject to the EAR classified 

under ECCNs 9A004 or 9A515 and 

‘‘parts,’’ ‘‘components,’’ ‘‘accessories,’’ 

and ‘‘attachments’’ subject to the EAR 

solely for use in or with such spacecraft, 

provided the requirements under 

paragraphs (c)(2)(i) through (iv) for the 

spacecraft are met and the export, 

reexport, or transfer (in-country) is not 

otherwise excluded from the use of 

License Exception CSA under paragraph 

(b). This rule proposes requirements 

under paragraphs (c)(2)(i) through (iv) 

that would require that the spacecraft 

must be limited to: (1) suborbital 

trajectories; (2) the purpose of the 

activity must be limited to either space 

tourism or supporting ‘‘fundamental 

research;’’ (3) the activity must not 

transfer registration, control, or 

ownership of the spacecraft to a foreign 

person; (4) the spacecraft’s destinations, 

including planned diverts and 

contingencies, must be approved by the 

Federal Aviation Administration (FAA) 

or its foreign equivalent in all countries; 

and (5) must not include any 

destinations listed in Country Groups 

D:5 or E. The requirement under 

paragraph (c)(2)(iv) that would allow for 

foreign equivalents, but excludes foreign 

equivalents of any destination listed in 

Country Group D:5 or E, would be 

intended to ensure that a country such 

as Russia, which is listed in Country 

Group D:5, could not issue a foreign 

equivalent that could meet the terms of 

the paragraph (c)(2)(iv) requirement, 

even if the export, reexport, or transfer 

(in-country) was not destined to or 

within a destination listed in Country 

Groups D:1, D:4, or D:5. 

Because of the burgeoning space 

tourism and space research industries, 

providing paragraph (c)(2) of License 

Exception CSA would provide more 

efficient authorization for activities of 

this type that do not raise national 

security or foreign policy concerns, 

provided the terms and conditions of 

using License Exception CSA are 

followed. BIS welcomes comments on 

License Exception CSA, in particular 

whether the requirements in order to 

use License Exception CSA are clear 

and meet the objectives described here. 

BIS estimates these proposed changes to 

add new License Exception CSA under 

§ 740.26 would result in a decrease of 

100 license applications submitted to 

BIS annually. 

2. Conforming Changes 

In § 740.2, as a conforming change, 

this rule proposes adding a new 

paragraph (a)(5)(i)(G) to specify that 

proposed License Exception CSA that 

would be added to § 740.26 of the EAR 

would be one of the license exceptions 

that may be used to export MTcontrolled items to destinations other 

than to or within those identified in 

Country Groups D:4 or D:5 (see 

supplement no. 1 to part 740 of the 

EAR). This proposed rule as a 

conforming change for the addition of 

new paragraph (a)(5)(i)(G), would also 

revise paragraph (a)(5)(i)(E) to remove 

the word ‘and’ and add in its place a 

semi-colon, and would revise paragraph 

(a)(5)(i)(F) to remove the period at the 

end of the sentence and add a semicolon in its place and the word ‘and’ at 

the end of the paragraph. 

Export Control Reform Act of 2018 

On August 13, 2018, the President 

signed into law the John S. McCain 

National Defense Authorization Act for 

Fiscal Year 2019, which included ECRA 

(codified, as amended, at 50 U.S.C. 

4801–4852). ECRA provides the legal 

basis for BIS’s principal authorities and 

serves as the authority under which BIS 

issues this rule. In particular, and as 

noted elsewhere, Section 1753 of ECRA 

(50 U.S.C. 4812) authorizes the 

regulation of exports, reexports, and 

transfers (in-country) of items subject to 

U.S. jurisdiction. Further, Section 

1754(a)(1)–(16) of ECRA (50 U.S.C. 

4813(a)(1)–(16)) authorizes, inter alia, 

the establishment of a list of controlled 

items; the prohibition of unauthorized 

exports, reexports, and transfers (incountry); the requirement of licenses or 

other authorizations for exports, 

reexports, and transfers (in-country) of 

controlled items; apprising the public of 

changes in policy, regulations, and 

procedures; and any other action 

necessary to carry out ECRA that is not 

otherwise prohibited by law. Pursuant 

to Section 1762(a) of ECRA (50 

U.S.C.4821(a)), these changes can be 

imposed in a final rule without prior 

notice and comment. 

Rulemaking Requirements 

1. E.O. 12866, 13563, and 14094 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects and distributive impacts and 

equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits and of reducing costs, 

harmonizing rules, and promoting 

flexibility. This proposed rule has been 

designated a ‘‘significant regulatory 

action’’ under E.O. 12866. 

2. Notwithstanding any other 

provision of law, no person is required 

to respond to, nor shall any person be 

subject to a penalty for failure to comply 

with, a collection of information subject 


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to the requirements of the Paperwork 

Reduction Act of 1995 (PRA) (44 U.S.C. 

3501, et seq.), unless that collection of 

information displays a currently valid 

Office of Management and Budget 

(OMB) Control Number. 

This rule involves the following 

OMB-approved collections of 

information subject to the PRA: 

• 0694–0088, ‘‘Multi-Purpose 

Application,’’ which carries a burden 

hour estimate of 29.4 minutes for a 

manual or electronic submission; 

• 0694–0096 ‘‘Five Year Records 

Retention Period,’’ which carries a 

burden hour estimate of less than 1 

minute; 

• 0694–0122, ‘‘Licensing 

Responsibilities and Enforcement;’’ and 

• 0607–0152 ‘‘Automated Export 

System (AES) Program,’’ which carries a 

burden hour estimate of 3 minutes per 

electronic submission. 

BIS estimates that the changes 

included in this proposed rule would 

result in a decrease of 10 multi-purpose 

applications. This reduction would be 

attributable to the addition of License 

Exception CAS, which would result in 

an estimated decrease of 100 license 

applications per year and an estimated 

increase of 90 license applications per 

year as a result of the proposed 

movement of additional space-related 

items from the USML to the CCL, which 

BIS estimates would result in a net 

reduction of 10 license applications 

annually, if this Commerce proposed 

rule and State proposed rule are 

published in final form. However, the 

reduction of burden falls within the 

existing estimates currently associated 

with these control numbers. 

Additional information regarding 

these collections of information— 

including all background materials—can 

be found at: https://www.reginfo.gov/ 

public/do/PRAMain by using the search 

function to enter either the title of the 

collection or the OMB Control Number. 

3. This rule does not contain policies 

with federalism implications as that 

term is defined in E.O. 13132. 

4. Pursuant to Section 1762 of ECRA 

(50 U.S.C. 4821), this action is exempt 

from the Administrative Procedure Act 

(APA) (5 U.S.C. 553) requirements for 

notice of proposed rulemaking, 

opportunity for public participation, 

and delay in effective date. While 

section 1762 of ECRA provides 

sufficient authority for such an 

exemption, this action is also 

independently exempt from these APA 

requirements because it involves a 

military or foreign affairs function of the 

United States (5 U.S.C. 553(a)(1)). 

However, BIS is accepting comments on 

this proposed rule. 

5. Because a notice of proposed 

rulemaking and an opportunity for 

public comment are not required to be 

given for this rule by 5 U.S.C. 553, or 

by any other law, the analytical 

requirements of the Regulatory 

Flexibility Act, 5 U.S.C. 601, et seq., are 

not applicable. Accordingly, no 

regulatory flexibility analysis is 

required, and none has been prepared. 

List of Subjects 

15 CFR Part 740 

Administrative practice and 

procedure, Exports, Reporting and 

recordkeeping requirements. 

15 CFR Part 774 

Exports, Reporting and recordkeeping 

requirements. 

For the reasons stated in the 

preamble, parts 740 and 774 of the 

Export Administration Regulations (15 

CFR parts 730 through 774) are 

proposed to be amended as follows: 

PART 740—LICENSE EXCEPTIONS 

■ 1. The authority citation for part 740 

continues to read as follows: 

Authority: 50 U.S.C. 4801–4852; 50 U.S.C. 

4601 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C. 

7201 et seq.; E.O. 13026, 61 FR 58767, 3 CFR, 

1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 

3 CFR, 2001 Comp., p. 783. 

■ 2. Section 740.2 is amended by: 

■ a. Revising paragraphs (a)(5)(i)(E) and 

(F); and 

■ b. Adding paragraph (a)(5)(i)(G). 

The revisions and addition read as 

follows: 

§ 740.2 Restrictions on all License 

Exceptions. 

* * * * * 

(a) * * * 

(5)(i) * * * 

(E) License Exception AVS 

(§ 740.15(b)(1) through (4), (c)(1), (2), (e), 

and (f) of the EAR); 

(F) License Exception APR for 

(§ 740.16(c) through (f) of the EAR); and 

(G) License Exception CSA (§ 740.26 

of the EAR). 

* * * * * 

■ 3. Add § 740.26 to read as follows: 

§ 740.26 Commercial Space Activities 

(CSA). 

(a) Scope. License Exception CSA 

authorizes under paragraph (c)(1) of this 

section exports, reexports, and transfers 

(in-country) of items subject to the EAR 

for certain ‘official space agency 

programs,’ when the export, reexport, or 

transfer (in-country) is entirely within 

the scope of an official space agency 

program identified in paragraph (c)(1)(i) 

of this section, and subject to the 

exclusions in paragraph (b) of this 

section. License Exception CSA 

authorizes under paragraph (c)(2) of this 

section exports, reexports, and transfers 

(in-country) of manned spacecraft 

subject to the EAR and ‘‘parts,’’ 

‘‘components,’’ ‘‘accessories,’’ and 

‘‘attachments’’ subject to the EAR solely 

for use in or with such spacecraft, 

provided the requirements under 

paragraph (c)(2)(i) through (iv) of this 

section are met, and subject to the 

exclusions in paragraph (b) of this 

section. 

(b) Exclusions. License Exception 

CSA is not available for any export, 

reexport, or transfer (in-country) that is 

excluded under paragraphs (b)(1), (2), 

(3), (4), or (5) of this section. 

(1) A ‘‘proscribed person,’’ (e.g., any 

entity listed on the Entity List) is a party 

to the transaction; 

(2) A license is required under a part 

744 end use or end-user control; 

(3) For purposes of establishing 

offshore procurement arrangements or 

producing any item classified in a 9x515 

(including 9E515 ‘‘production’’ 

technology) or 9A004 ECCN offshore; 

(4) Any export or reexport to or 

transfer (in-country) within a 

destination listed in Country Groups 

D:1, D:4, or D:5 in supplement no. 1 of 

this part; or 

(5) Any export, reexport, or transfer 

(in-country) of any radiation-tolerant 

hardware classified in ECCN 9A515.d or 

.e or related ‘‘technology.’’ 

(c) Authorizations—(1) Authorization 

for ‘official space agency programs.’ 

This paragraph (c)(1) authorizes exports, 

reexports, and transfers (in-country) of 

items subject to the EAR for ‘official 

space agency programs,’ provided the 

export, reexport, or transfer (in-country) 

is entirely within the scope of an official 

space agency program identified in 

paragraph (c)(1)(i) of this section, and 

subject to the exclusions in paragraph 

(b) of this section. 

(i) Eligible ‘official space agency 

programs.’ For purposes of the 

authorization under this paragraph 

(c)(1), the following programs for formal 

spacecraft, independent of the launch 

vehicles that deliver them to orbit, are 

eligible for License Exception CSA 

under the authorization of this 

paragraph (c)(1), provided the terms and 

conditions of this paragraph (c)(1) are 

met. The authorization under this 

paragraph (c)(1) is only available for 

items that are subject to the EAR that are 

for an export, reexport, or transfer (incountry), that is entirely within the 

scope of an ‘official space agency 

programs’ (e.g., the export of an ECCN 

9A515.x ‘‘component’’ to a space 

contractor in France that is ‘‘producing’’ 


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a higher level assembly that will be for 

use in NASA’s Lunar Gateway program). 

(A) NASA’s Lunar Gateway; 

(B) NASA’s Mars Sample Return (a 

program that entails multiple 

spacecraft); 

(C) Nancy Grace Roman Telescope; 

(D) The Orion spacecraft; 

(E) Commercial Low Earth Orbit 

Development program; and 

(F) Habitable Worlds Observatory. 

(ii) [Reserved] 

(2) Authorization for Space Tourism 

and Research. This paragraph (c)(2) 

authorizes the export, reexport, or 

transfer (in-country) of manned 

spacecraft subject to the EAR classified 

under ECCNs 9A004 or 9A515 and 

‘‘parts,’’ ‘‘components,’’ ‘‘accessories,’’ 

and ‘‘attachments’’ subject to the EAR 

solely for use in or with such spacecraft, 

provided the requirements under 

paragraphs (c)(2)(i) through (iv) of this 

section for the spacecraft are met and 

the export, reexport, or transfer (incountry) is not otherwise excluded from 

the use of License Exception CSA under 

paragraph (b) of this section: 

(i) The spacecraft must be limited to 

suborbital trajectories; 

(ii) The purpose of the activity must 

be limited to either space tourism or 

supporting ‘‘fundamental research;’’ 

(iii) The activity must not transfer 

registration, control, or ownership of the 

spacecraft to a foreign person; and 

(iv) The spacecraft’s destinations, 

including planned diverts and 

contingencies, must be approved by the 

Federal Aviation Administration or its 

foreign equivalent in all countries, and 

must not include any destinations listed 

in Country Groups D:5 or E. 

PART 774—THE COMMERCE 

CONTROL LIST 

■ 4. The authority citation for part 774 

continues to read as follows: 

Authority: 50 U.S.C. 4801–4852; 50 U.S.C. 

4601 et seq.; 50 U.S.C. 1701 et seq.; 10 U.S.C. 

8720; 10 U.S.C. 8730(e); 22 U.S.C. 287c, 22 

U.S.C. 3201 et seq.; 22 U.S.C. 6004; 42 U.S.C. 

2139a; 15 U.S.C. 1824; 50 U.S.C. 4305; 22 

U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 

13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 

228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 

Comp., p. 783. 

■ 5. Supplement no. 1 to part 774 is 

amended by: 

■ a. Revising ECCNs 9A515; 

■ b. Adding ECCN 9C515; and 

■ c. Revising ECCNs 9D515 and 9E515. 

The revisions and addition read as 

follows: 

SUPPLEMENT NO. 1 TO PART 774— 

THE COMMERCE CONTROL LIST 

* * * * * 

9A515 ‘‘Spacecraft’’ and related 

commodities, as follows (see List of 

Items Controlled). 

License Requirements 

Reason for Control: NS, RS, MT, AT 

Control(s) 

Country chart 

(see Supp. No. 1 to part 

738) 

NS applies to entire 

entry, except .e, .x, 

and .y.

NS Column 1. 

RS applies to entire 

entry, except .e, .x, 

and .y.

RS Column 1. 

MT applies to microcircuits in 9A515.d and 

9A515.e.2 when ‘‘usable in’’ ‘‘missiles’’ for 

protecting ‘‘missiles’’ 

against nuclear effects 

(e.g., Electromagnetic 

Pulse (EMP), X-rays, 

combined blast and 

thermal effects) MT 

also applies to 

9A515.h when the total 

impulse capacity is 

equal to or greater 

than 8.41 × 105 newton seconds.

MT Column 1. 

NS applies to 9A515.x ... NS Column 2. 

RS applies to 9A515.e 

and .x.

RS Column 2. 

RS applies to 9A515.y, 

except to Russia for 

use in, with, or for the 

International Space 

Station (ISS), including 

launch to the ISS.

China, Russia, or Venezuela (see 

§ 742.6(a)(7)). 

AT applies to entire entry AT Column 1. 

License Requirement Note: 

(1) The Commerce Country Chart is not 

used for determining license requirements for 

commodities classified in ECCN 9A515.a.1, 

.a.2, .a.3, .a.4, and .g. See § 742.6(a)(9), which 

specifies that such commodities are subject 

to a worldwide license requirement, except to 

Australia, Canada, and the United Kingdom. 

(2) ECCN 9A004.a through .f apply to 

certain space launch vehicles, spacecraft, 

spacecraft buses, spacecraft payloads, onboard systems or equipment, and terrestrial 

equipment. They are listed in ECCN 9A004.a 

through .f in order to harmonize 9A004 with 

the Wassenaar Arrangement Dual-Use List, 

even though the controls for these items are 

found under ECCN 9A515 and to direct 

exporters, reexporters, and transferors to see 

USML Category IV for 9A004.a. See ECCN 

9A515 for 9A004.b through .f, and .h. See 

this ECCN 9A004 for .g, .h, .r, .s, and .u 

through .y. 

List Based License Exceptions (See Part 740 

for a Description of All License Exceptions) 

LVS: $1500 

GBS: N/A 

Special Conditions for STA 

STA: (1) Paragraph (c)(1) of License 

Exception STA (§ 740.20(c)(1) of the EAR) 

may not be used for ‘‘spacecraft’’ in ECCNs 

9A515.a.1, a.2, a.3, or a.4, ‘‘sub-orbital 

craft,’’ or items in 9A515.g, unless 

determined by BIS to be eligible for 

License Exception STA in accordance with 

§ 740.20(g) (License Exception STA 

eligibility requests for certain 9x515 and 

‘‘600 series’’ items). (2) License Exception 

STA may not be used if the ‘‘spacecraft’’ 

controlled in ECCN 9A515.a.1, a.2, a.3, or 

a.4 contains a separable or removable 

propulsion system described in USML 

Category IV(d)(2) or USML Category 

XV(e)(12)described on the USML and 

designated MT. (3) Paragraph (c)(2) of 

License Exception STA (§ 740.20(c)(2) of 

the EAR) may not be used for any item in 

9A515. 

List of Items Controlled 

Related Controls: Spacecraft, launch vehicles 

and related articles that are described on 

the USML, and technical data (including 

‘‘software’’) directly related thereto, and all 

services (including training) directly 

related to the integration of any satellite or 

spacecraft to a launch vehicle (including 

both planning and onsite support), or 

furnishing any assistance (including 

training) in the launch failure analysis or 

investigation for items in ECCN 9A515.a, 

are ‘‘subject to the ITAR.’’ All other 

‘‘spacecraft,’’ as enumerated below and 

defined in § 772.1, are subject to the 

controls of this ECCN. See also ECCNs 

3A001, 3A002, 3A991, 3A992, 6A002, 

6A004, 6A008, and 6A998 for specific 

‘‘space-qualified’’ items, 7A004 and 7A104 

for star trackers, and 9A004 for the 

International Space Station (ISS), the James 

Webb Space Telescope (JWST), and 

‘‘specially designed’’ ‘‘parts’’ and 

‘‘components’’ therefor. See USML 

Category XI(c) for controls on certain 

‘‘Monolithic Microwave Integrated Circuit’’ 

(‘‘MMIC’’) amplifiers. See ECCN 9A610.g 

for pressure suits used for high altitude 

aircraft. 

Related Definitions: ‘Microcircuit’ means a 

device in which a number of passive or 

active elements are considered as 

indivisibly associated on or within a 

continuous structure to perform the 

function of a circuit. 

Items: 

See ITAR § 126.8(d) for treatment of 

‘‘spacecraft’’ described in ECCN 9A515 when 

exported, reexported, or transferred (incountry) with defense articles ‘‘subject to the 

ITAR’’ incorporated in and included as 

integral parts of the item. 

a. ‘‘Spacecraft,’’ including satellites, and 

space vehicles and ‘‘sub-orbital craft’’ not 

described in USML Category XV or described 

in ECCN 9A004.r, .u or .w, that: 

a.1. Have electro-optical remote sensing 

capabilities and having: 

a.1.a. An active (e.g., adaptive, deformable) 

individual light collecting area of less than 

1,020 cm2 ; 

a.1.b. A passive individual light collecting 

area of less than 2,150 cm2

«

a.1.c. X-ray, not otherwise described in 

paragraph (e)(2)(i) or (ii) of USML Category 

XV, with a total effective collecting area less 

than 3,000 cm2; or 

a.1.d. Xray not otherwise described in 

paragraph (e)(2)(i) or (ii) of USML Category 

XV, and with a total effective collecting area 

greater than or equal to 3,000 cm2 and an 

angular resolution greater than 30 

milliarcseconds. 

a.2. Have remote sensing capabilities 

beyond NIR (i.e., SWIR, MWIR, or LWIR); 


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a.3. Have radar remote sensing capabilities 

(e.g., AESA, SAR, or ISAR) having a center 

frequency equal to or greater than 1.0 GHz, 

but less than 10.0 GHz and having a 

bandwidth equal to or greater than 100 MHz, 

but less than 300 MHz; 

a.4. Perform remote proximity on-orbit 

services to other spacecraft (e.g., docking, 

delivery, refueling, or servicing), provide life 

sustaining operations (e.g., space stations, 

space hotels, outposts, or laboratories), or 

capture, collect, and remove space debris; or 

a.5. Are not described in ECCN 9A515.a.1, 

.a.2, .a.3, or .a.4. 

Note 1 to 9A515.a: ECCN 9A515.a includes 

commercial communications satellites, 

remote sensing satellites, planetary and 

interplanetary probes, and ‘‘sub-orbital 

craft,’’ not identified in ECCN 9A004 or 

USML Category XV(a). 

b. Equipment for telemetry, tracking, and 

control, as follows: 

b.1. Ground control systems and training 

simulators ‘‘specially designed’’ for 

telemetry, tracking, and control of the 

‘‘spacecraft’’ controlled in paragraphs 

9A004.u or 9A515.a; 

b.2. Terrestrial equipment ‘‘specially 

designed’’ for ‘‘spacecraft,’’ as follows: 

b.2.a. Telemetry and telecommand 

equipment ‘‘specially designed’’ for any of 

the following data processing functions: 

b.2.a.1. Telemetry data processing of frame 

synchronization and error corrections, for 

monitoring of operational status (also known 

as health and safe status) of the ‘‘spacecraft 

bus;’’ or 

b.2.a.2. Command data processing for 

formatting command data being sent to the 

‘‘spacecraft’’ to control the ‘‘spacecraft bus;’’ 

b.2.b. [Reserved] 

b.3. Simulators ‘‘specially designed’’ for 

‘verification of operational procedures’ of 

‘‘spacecraft.’’ 

Technical Note: For the purposes of 

9A515.b.3, ‘verification of operational 

procedures’ is any of the following: 

1. Command sequence confirmation; 

2. Operational training; 

3. Operational rehearsals; or 

4. Operational analysis. 

c. [Reserved] 

d. Microelectronic circuits (e.g., integrated 

circuits, microcircuits, or MOSFETs) and 

discrete electronic components rated, 

certified, or otherwise specified or described 

as meeting or exceeding all the following 

characteristics and that are ‘‘specially 

designed’’ for defense articles, ‘‘600 series’’ 

items, or items controlled by ECCNs 9A004.v 

or 9A515: 

d.1. A total dose of 5 × 105 Rads (Si) (5 × 

103 Gy (Si)); 

d.2. A dose rate upset threshold of 5 × 108

Rads (Si)/sec (5 × 106 Gy (Si)/sec); 

d.3. A neutron dose of 1 × 1014 n/cm2 (1 

MeV equivalent); 

d.4. An uncorrected single event upset 

sensitivity of 1 × 10¥10 errors/bit/day or less, 

for the CRE`ME–MC geosynchronous orbit, 

Solar Minimum Environment for heavy ion 

flux; and 

d.5. An uncorrected single event upset 

sensitivity of 1 × 10¥10 errors/part or less for 

a fluence of 1 × 107 protons/cm2 for proton 

energy greater than 50 MeV. 

e. Microelectronic circuits (e.g., integrated 

circuits, microcircuits, or MOSFETs) and 

discrete electronic components that are rated, 

certified, or otherwise specified or described 

as meeting or exceeding the characteristics in 

either paragraph e.1 or e.2, AND ‘‘specially 

designed’’ for defense articles described in 

USML Category XV or items controlled by 

ECCNs 9A004.u or 9A515: 

e.1. A total dose ≥1 × 105 Rads (Si) (1 × 103

Gy(Si)) and <5 × 105 Rads (Si) (5 × 103

Gy(Si)); and a single event effect (SEE) (i.e., 

single event latchup (SEL), single event 

burnout (SEB), or single event gate rupture 

(SEGR)) immunity to a linear energy transfer 

(LET) ≥80 MeV-cm2/mg; or 

e.2. A total dose ≥5 × 105 Rads (Si) (5 × 103

Gy (Si)) and not described in 9A515.d. 

Note 2 to 9A515.d and .e: See USML 

Category XI for military electronics. See 

3A611.f for PLDs and ASICs programmed for 

600 series items. 

Note 3 to 9A515.d and .e: See 3A001.a and 

.z for controls on radiation-hardened 

microelectronic circuits ‘‘subject to the EAR’’ 

that are not controlled by 9A515.d or 

9A515.e. 

f. Pressure suits (i.e., space suits) capable 

of operating at altitudes greater than or equal 

to 55,000 ft above sea level. 

g. Remote sensing components ‘‘specially 

designed’’ for ‘‘spacecraft’’ described in 

ECCNs 9A515.a.1 through 9A515.a.4 as 

follows: 

g.1. Space-qualified optics (i.e., lens, 

mirror, membrane having active properties 

(e.g., adaptive, deformable)) with a largest 

individual light collecting or focusing area 

less than 1,020 cm2; or passive optics with 

a largest individual light collecting area 

between 1,020 cm2 and 2,150 cm2; or Xray 

grazing incidence optics with a total surface 

area (shells/segments) of less than 25,000 

cm2; or an effective collecting area less than 

3,000 cm2; 

g.2. Optical bench assemblies ‘‘specially 

designed’’ for ECCN 9A515.a.1, 9A515.a.2, 

9A515.a.3, or 9A515.a.4 ‘‘spacecraft;’’ or 

g.3. Primary, secondary, or hosted payloads 

that perform a function of ECCN 9A515.a.1, 

9A515.a.2, 9A515.a.3, or 9A515.a.4 

‘‘spacecraft.’’ 

h. Thrusters using bi-propellants or monopropellants that provide thrust equal to or 

less than 150 lbf (i.e., 667.23 N) vacuum 

thrust. 

i. Electric (Plasma/Ion) thrusters and their 

associated power control systems operating 

at in input power of less than 20kW and 

having an individual thrust of at least 400 

mN but not also having a specific impulse 

better than 1,900 sec. 

j. Control moment gyroscopes (CMG) 

‘‘specially designed’’ for spacecraft that 

provide an angular momentum of less than 

2.0 (N m sec) or provide a torque of less than 

Newton meters (N m). 

Note 4 to 9A515.j: If a CMG has an angular 

momentum of at least 2.0 Newton meter 

seconds (N m sec), provide a torque of at 

least 6.0 Newton meters (N m), and are 

‘‘specially designed’’ for spacecraft it is 

subject to USML Category XV(e)(13). 

k. Hold-down, or satellite release 

mechanisms (i.e., clampbands, adapters, 

dispensers, or motorized lightbands), not 

described by USML Category IV(e)(5), 

excluding those for 1U CubeSats or less. 

l. through v. [RESERVED] 

w. ‘‘Parts,’’ ‘‘components,’’ ‘‘accessories,’’ 

and ‘‘attachments’’ that would otherwise be 

within the scope of ECCN 9A515.x but that 

have been identified by the interagency as 

warranting control in 9A515.w, as follows: 

w.1. [Reserved] 

x. ‘‘Parts,’’ ‘‘components,’’ ‘‘accessories’’ 

and ‘‘attachments’’ that are ‘‘specially 

designed’’ for defense articles described in 

USML Category XV or items controlled by 

9A515, and that are NOT: 

x.1. Described on the USML or elsewhere 

within ECCNs 9A515 or 9A004; 

x.2. Microelectronic circuits and discrete 

electronic components; 

x.3. Described in ECCNs 7A004 or 7A104; 

x.4. Described in an ECCN containing 

‘‘space-qualified’’ as a control criterion (i.e., 

3A001.b.1, 3A001.e.4 or .z, 3A002.g.1, 

3A991.o, 3A992.b.3, 6A002.a.1, 6A002.b.2, 

6A002.d.1, 6A004.c and .d, 6A008.j.1, 

6A998.b, or 7A003.d.2); 

x.5. Microwave solid state amplifiers and 

microwave assemblies (refer to ECCN 

3A001.b.4 and .z for controls on these items); 

x.6. Travelling wave tube amplifiers (refer 

to ECCN 3A001.b.8 and .z for controls on 

these items); or 

x.7. Elsewhere specified in ECCN 9A515.y. 

Note 5 to 9A515.x: ‘‘Parts,’’ ‘‘components,’’ 

‘‘accessories,’’ and ‘‘attachments’’ described 

on the USML, either in Category XV(e) or 

elsewhere, are subject to the ITAR. 

Note 6 to 9A515.b and .x: This note 

clarifies the scope of controls over baseband 

units (BBU). For purposes of 9A515.b and .x, 

a BBU means a device that interprets the 

original frequency range of a transmission 

signal. These devices are not controlled 

under 9A515.b or .x when they do not 

perform telemetry, track, and control. 

y. Items that would otherwise be within 

the scope of ECCN 9A515.x but that have 

been identified in an interagency-cleared 

commodity classification (CCATS) pursuant 

to § 748.3(e) as warranting control in 

9A515.y, as follows: 

y.1. Discrete electronic components not 

specified in 9A515.e; 

y.2. Thermistors for spacecraft 

applications; 

y.3. RF microwave bandpass ceramic filters 

(e.g., Dielectric Resonator Bandpass Filters); 

y.4. Hall effect sensors for spacecraft 

applications; 

y.5. Subminiature (SMA and SMP) plugs 

and connectors, TNC plugs and cable and 

connector assemblies with SMA plugs and 

connectors for spacecraft applications; 

y.6. Flight cable assemblies for spacecraft 

applications; 

y.7. Public address (PA) systems; 

y.8. Audio selector panels; 

y.9. Spacecraft crew, passenger, or 

participant lavatories and body waste 

management systems; 

y.10. Spacecraft crew, passenger, or 

participant hygiene facilities and systems; 

y.11. Spacecraft crew, passenger, or 

participant crew rest equipment or sleeping 

quarters; 

y.12. Spacecraft crew, passenger, or 

participant galleys or food preparation or 

serving systems; 


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y.13. Spacecraft crew, passenger, or 

participant entertainment systems; 

y.14. Spacecraft crew, passenger, or 

participant exercise systems; 

y.15. Spacecraft crew, passenger, or 

participant laundry systems; 

y.16. Spacecraft crew, passenger, or 

participant safety systems, not including 

launch abort systems/launch escape systems, 

ejector seats, spacesuits, flight suits, helmets, 

or ‘‘parts’’ and ‘‘components’’ therefor; 

y.17. Spacecraft crew, passenger, or 

participant storage units, facilities, or 

systems (for items related to human safety, 

welfare, and health); 

y.18. Spacecraft crew, passenger, or 

participant medical facilities or healthrelated systems for monitoring, evaluating, or 

assessing, or for providing treatments; 

y.19. Spacecraft crew, passenger, or 

participant information systems (e.g., 

personal laptops and phones); 

y.20. Name plates, identification plates, 

and identification systems; 

y.21. Internal, external, and emergency 

lighting systems; 

y.22. Humidity and CO2 removal systems; 

y.23. Potable water storage systems; 

y.24. Water regeneration systems; 

y.25. Air filters, filter networks, or air 

quality systems; 

y.26. Space heaters, temperature sensors, 

or thermostats for human habitation; 

y.27. Environmental control systems for 

human habitation; 

y.28. Spacecraft environmental control 

systems (e.g., air conditioner, air distribution, 

air filtration and sanitation, CO2 removal, 

cabin pressure control, dehumidifier, fire 

suppression system, nitrogen oxygen 

recharge system, heater systems, 

thermostats); 

y.29. Plant growth systems; 

y.30. Fire extinguishers; 

y.31. Flame, smoke, or CO2 detectors; 

y.32. Fire suppression systems; 

y.33. Spacecraft crew, passenger, or 

participant seats, other than ejection seats, 

and ‘‘parts’’ and ‘‘components;’’ 

y.34. Spaceflight crew, passenger, or 

participant ejection seat mounted survival 

aids; 

y.35. Spaceflight crew, passenger, or 

participant life rafts; 

y.36. Spacecraft crew, passenger, or 

participant locator beacons; 

y.37. Spacecraft crew, passenger, or 

participant mirrors; 

y.38. Spacecraft crew, passenger, or 

participant windows; 

y.39. Spacecraft locator beacons; 

y.40. Viewing windows on non-crewed 

spacecraft; 

y.41. Temperature sensors and pressure 

transducers; 

y.42. Thermal control pumps, 

accumulators, fluid filters and filter 

assemblies, control valves, heat exchangers, 

and radiators; 

y.43. Hydraulic, pneumatic, oil, fuel, gas, 

propellant, fluid, and thermal control fluid 

reservoirs, filters, filter assemblies, tubing, 

lines, hoses, check valves, and quick 

disconnects, and associated fittings, 

couplings, clamps, brackets, adapters, valves, 

gaskets, shims, and o-rings; 

y.44. Gauges and indicators; 

y.45. Filtered and unfiltered panel knobs, 

indicators, annunciator panels, switches, 

buttons and dials; 

y.46. Spacecraft tires and brake systems 

(does not include sintered mix or carbon/ 

carbon materials); 

y.47. Bearings (e.g., Ball, roller, wheel); 

y.48. Energy dissipating pads for cargo or 

crew; 

y.49. Spacecraft bus structures; 

y.50. Bracket adapters for bus and payload 

structures; 

y.51. Latches and hinges; 

y.52. Boom assemblies; 

y.53. Cables, cable assemblies, and 

connectors; 

y.54. Batteries and associated battery 

management circuitry; 

y.55. Germanium coated polyimide tapes 

(e.g., Kapton tape); 

y.56. Multiplexors and Demultiplexors 

(MUX & DEMUX); 

y.57. Switches, switch bank assemblies, 

beam select switches, transfer switch 

assemblies, switch matrices, thermal 

switches; 

y.58. Magnetic torque bars; 

y.59. Filters, filter networks; 

y.60. Network switches; 

y.61. Reflectors, antennas; 

y.62. Antenna feed horns; 

y.63. Diplexers, modulators, demodulators; 

y.64. Second surface mirrors; 

y.65. Backshells, pins and contacts; 

y.66. Measurement devices; 

y.67. Electrical power distribution and 

control units; 

y.68. Electrical connectors; 

y.69. Non-propulsive landing systems (e.g., 

skids, inflatable); 

y.70. Electric fans; 

y.71. Microphones; 

y.72. Speakers; 

y.73. Circuit breakers; and 

y.74. Printed circuit boards ‘‘specially 

designed’’ for items classified under 9A515.y 

Note 7 to 9A515: An item operating on any 

celestial body other than Earth is treated as 

if it is on Earth for classification purposes on 

the CCL. 

Note 8 to 9A515: Rovers and in-space 

habitats are not classified under ECCN 

9A515. 

* * * * * 

9C515 MATERIALS, COATINGS, TREATMENTS

FOR REDUCING IN-ORBIT SIGNATURES (i.e., 

RADAR, OPTICAL, ULTRAVIOLET, AND

INFRARED) OF SPACECRAFT SUCH AS

BLANKETS, FILMS, TAPES, AND PAINTS (SEE

LIST OF ITEMS CONTROLLED). 

License Requirements 

Reason for Control: NS, RS, AT 

Control(s) 

Country Chart 

(See Supp. No. 1 to part 

738) 

NS applies to entire 

entry.

NS Column 1. 

RS applies to entire 

entry.

RS Column 1. 

AT applies to entire entry AT Column 1. 

List Based License Exceptions (See Part 740 

for a description of all license exceptions) 

LVS: N/A 

GBS: N/A 

Special Conditions for STA 

STA: Paragraph (c)(2) of License Exception 

STA (§ 740.20(c)(2) of the EAR) may not be 

used for any item in 9C515. 

List of Items Controlled 

Related Controls: N/A 

Related Definitions: N/A 

Items: 

a. Materials, coatings, treatments for 

reducing in-orbit signatures (i.e., radar, 

optical, ultraviolet, and infrared) of 

spacecraft, not described by USML Categories 

XIII(j) or XV(e)(22), such as blankets, films, 

tapes, and paints with either of the following 

characteristics: 

a.1. Designed to reduce radar, ultra-violet, 

& infrared signature by 20% or more, or 

a.2. Designed to reduce optical signature by 

50% or more. 

Note 1 to 9C515: 

(1) Materials controlled by this entry 

include structural materials and coatings 

(including paints), ‘‘specially designed’’ for 

reduced or tailored reflectivity or emissivity 

in the microwave, infrared or ultraviolet 

spectra. 

(2) This entry does not control materials 

used for the purpose of reducing brightness 

from the ground. 

(3) For commodities that meet the 

definition of defense articles under 22 CFR 

120.3 of the International Traffic in Arms 

Regulations (ITAR), which describes similar 

commodities ‘‘subject to the ITAR’’ (See 22 

CFR parts 120 through 130, including USML 

Category XIII). 

* * * * * 

9D515 ‘‘Software’’ ‘‘specially designed’’ for 

the ‘‘development,’’ ‘‘production,’’ 

operation, installation, maintenance, 

repair, overhaul, or refurbishing of 

‘‘spacecraft’’ and related commodities, 

as follows (see List of Items Controlled). 

License Requirements 

Reason for Control: NS, RS, AT 

Control(s) 

Country chart 

(See Supp. No. 1 

to part 738) 

NS applies to entire 

entry except 9D515.c, 

.x, and .y.

NS Column 1. 

RS applies to entire 

entry except 9D515.c, 

.x, and .y.

RS Column 1. 

NS applies to 9D515.c 

and .x.

NS Column 2. 

RS applies to 9D515.c 

and .x.

RS Column 2. 

RS applies to 9D515.y, 

except to Russia for 

use in, with, or for the 

International Space 

Station (ISS), including 

launch to the ISS.

China, Russia, or Venezuela (see 

§ 742.6(a)(7)). 

AT applies to entire entry AT Column 1. 

List Based License Exceptions (See Part 740 

for a Description of All License Exceptions) 

TSR: N/A 

Special Conditions for STA 

STA: (1) Paragraph (c)(1) of License 

Exception STA (§ 740.20(c)(1) of the EAR) 


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may not be used for 9D515.b, .d, or .e. (2) 

Paragraph (c)(2) of License Exception STA 

(§ 740.20(c)(2) of the EAR) may not be used 

for any ‘‘software’’ in 9D515. 

List of Items Controlled 

Related Controls: (1) ‘‘Software’’ directly 

related to articles described in USML 

Category XV is subject to the ITAR. (2) See 

also ECCNs 3D001, 6D001, 6D002, and 

6D991 for controls of specific ‘‘software’’ 

‘‘specially designed’’ for certain ‘‘spacequalified’’ items. (3) For ‘‘software’’ for 

items listed in 9A004.d that are 

incorporated into ‘‘spacecraft payloads,’’ 

see the appropriate ‘‘software’’ ECCN 

within those Categories. 

Related Definitions: N/A 

Items: 

a. ‘‘Software’’ (other than ‘‘software’’ 

controlled in paragraphs .b, .d, or .e of this 

entry) ‘‘specially designed’’ for the 

‘‘development,’’ ‘‘production,’’ operation, 

installation, maintenance, repair, overhaul, 

or refurbishing of commodities controlled by 

ECCN 9A515 (except 9A515.d or .e) or 

9B515. 

b. ‘‘Source code’’ that: 

b.1. Contains the algorithms or control 

principles (e.g., for clock management), 

precise orbit determination (e.g., for 

ephemeris or pseudo range analysis), signal 

construct (e.g., pseudo-random noise (PRN) 

anti-spoofing) ‘‘specially designed’’ for items 

controlled by ECCN 9A515; 

b.2. Is ‘‘specially designed’’ for the 

integration, operation, or control of items 

controlled by ECCN 9A515; 

b.3. Contains algorithms or modules 

‘‘specially designed’’ for system, subsystem, 

component, part, or accessory calibration, 

manipulation, or control of items controlled 

by ECCN 9A515; 

b.4. Is ‘‘specially designed’’ for data 

assemblage, extrapolation, or manipulation of 

items controlled by ECCN 9A515; 

b.5. Contains the algorithms or control 

laws ‘‘specially designed’’ for attitude, 

position, or flight control of items controlled 

in ECCN 9A515; or 

b.6. Is ‘‘specially designed ‘‘for built-in test 

and diagnostics for items controlled by ECCN 

9A515. 

c. Space Situational Awareness (SSA) 

analysis ‘‘software’’ used to model, simulate, 

optimize, or perform operations involving 

spacecraft maneuvers, trajectory planning, or 

debris tracking. 

d. ‘‘Software’’ ‘‘specially designed’’ for the 

‘‘development,’’ ‘‘production,’’ operation, 

failure analysis or anomaly resolution of 

commodities controlled by ECCN 9A515.d. 

e. ‘‘Software’’ ‘‘specially designed’’ for the 

‘‘development,’’ ‘‘production,’’ operation, 

failure analysis or anomaly resolution of 

commodities controlled by ECCN 9A515.e. 

f. through w. [Reserved] 

x. ‘‘Software’’ ‘‘specially designed’’ for the 

‘‘development,’’ ‘‘production,’’ operation, 

failure analysis or anomaly resolution of 

commodities controlled by ECCN 9A515.x. 

y. Specific ‘‘software’’ ‘‘specially designed’’ 

for the ‘‘development,’’ ‘‘production,’’ 

operation, or maintenance of commodities 

enumerated in ECCN 9A515.y. 

* * * * * 

9E515 ‘‘Technology’’ ‘‘required’’ for the 

‘‘development,’’ ‘‘production,’’ 

operation, installation, repair, overhaul, 

or refurbishing of ‘‘spacecraft’’ and 

related commodities, as follows (see List 

of Items Controlled). 

License Requirements 

Reason for Control: NS, MT, RS, AT 

Control(s) 

Country chart 

(see Supp. No. 1 

to part 738) 

NS applies to entire 

entry except 9E515.x 

and .y.

NS Column 1. 

MT applies to technology 

for items in 9A515.d, 

.e.2, and .h, and 

9B515.a controlled for 

MT reasons.

MT Column 1. 

NS applies to 9E515.x ... NS Column 2. 

RS applies to 9E515.x ... RS Column 2. 

RS applies to 9E515.y, 

except to Russia for 

use in, with, or for the 

International Space 

Station (ISS), including 

launch to the ISS.

China, Russia, or Venezuela (see 

§ 742.6(a)(7)). 

AT applies to entire entry AT Column 1. 

License Requirement Note: The Commerce 

Country Chart is not used for determining 

license requirements for ‘‘technology’’ 

classified ECCN 9E515.f. See § 742.6(a)(9), 

which specifies that such ‘‘technology’’ is 

subject to a worldwide license requirement, 

except to Australia, Canada, and the United 

Kingdom. 

List Based License Exceptions (See Part 740 

for a Description of All License Exceptions) 

TSR: N/A 

Special Conditions for STA 

STA: (1) Paragraph (c)(1) of License 

Exception STA (§ 740.20(c)(1) of the EAR) 

may not be used for ECCN 9E515.b, .d, .e, 

or .f unless determined by BIS to be 

eligible for License Exception STA in 

accordance with § 740.20(g) (License 

Exception STA eligibility requests for 

certain 9x515 and ‘‘600 series’’ items). (2) 

Paragraph (c)(2) of License Exception STA 

(§ 740.20(c)(2) of the EAR) may not be used 

for any ‘‘technology’’ in 9E515. 

List of Items Controlled 

Related Controls: Technical data directly 

related to articles described in USML 

Category XV are subject to the ITAR. See 

also ECCNs 3E001, 3E003, 6E001, and 

6E002 for specific ‘‘space-qualified’’ items. 

See ECCNs 9E001 and 9E002 for 

technology for the International Space 

Station, the James Webb Space Telescope 

(JWST) and ‘‘parts,’’ ‘‘components,’’ 

‘‘accessories,’’ and ‘‘attachments’’ 

‘‘specially designed’’ therefor. See USML 

Category XV(f) for controls on technical 

data and defense services related to launch 

vehicle integration. 

Related Definitions: N/A 

Items: 

a. ‘‘Technology’’ ‘‘required’’ for the 

‘‘development,’’ ‘‘production,’’ installation, 

repair (including on-orbit anomaly resolution 

and analysis beyond established procedures), 

overhaul, or refurbishing of commodities 

controlled by ECCN 9A515 (except 

9A515.a.1, a.2, a.3, a.4, .b, .d, .e, or .g), ECCN 

9B515, or ‘‘software’’ controlled by ECCN 

9D515.a. 

b. ‘‘Technology’’ ‘‘required’’ for the 

‘‘development,’’ ‘‘production,’’ failure 

analysis or anomaly resolution of software 

controlled by ECCN 9D515.b. 

c. [Reserved] 

d. ‘‘Technology’’ ‘‘required’’ for the 

‘‘development,’’ ‘‘production,’’ operation, 

failure analysis or anomaly resolution of 

commodities controlled by ECCN 9A515.d. 

e. ‘‘Technology’’ ‘‘required’’ for the 

‘‘development,’’ ‘‘production,’’ failure 

analysis or anomaly resolution of 

commodities controlled by ECCN 9A515.e. 

f. ‘‘Technology’’ ‘‘required’’ for the 

‘‘development,’’ ‘‘production,’’ installation, 

repair (including on-orbit anomaly resolution 

and analysis beyond established procedures), 

overhaul, or refurbishing of commodities 

controlled by ECCN 9A515.a.1, a.2, a.3, a.4, 

or .g. 

g. ‘‘Technology’’ ‘‘required’’ for the 

‘‘development,’’ ‘‘production,’’ operation, 

failure analysis or anomaly resolution of 

commodities controlled by ECCN 9A515.i. 

h. ‘‘Technology’’ ‘‘required’’ for the 

‘‘development,’’ ‘‘production,’’ operation, 

failure analysis or anomaly resolution of 

commodities controlled by ECCN 9A515.j. 

i. ‘‘Technology’’ ‘‘required’’ for the 

‘‘development,’’ ‘‘production,’’ operation, 

failure analysis or anomaly resolution of 

commodities controlled by ECCN 9A515.k. 

j. through w. [Reserved] 

x. ‘‘Technology’’ ‘‘required’’ for the 

‘‘development,’’ ‘‘production,’’ operation, 

failure analysis or anomaly resolution of 

commodities controlled by ECCN 9A515.x. 

y. Specific ‘‘technology’’ ‘‘required’’ for the 

‘‘production,’’ ‘‘development,’’ operation, 

installation, maintenance, repair, overhaul, 

or refurbishing of commodities or software 

enumerated in ECCN 9A515.y or 9D515.y. 

Note 1 to 9E515: [Reserved] 

Note 2 to 9E515: Human spaceflight 

preparation activities directly related to, or 

required for the following, are not subject to 

the ITAR or the EAR: 

(i) ‘‘Spacecraft’’ access, ingress, and egress, 

including the operation of all ‘‘spacecraft’’ 

doors, hatches, and airlocks; 

(ii) Physiological training (e.g., humanrated centrifuge training or parabolic flights, 

pressure suit or spacesuit training/ 

operation); 


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(iii) Medical evaluation or assessment of 

the spaceflight passenger or participant; 

(iv) Training for and operation by the 

passenger or participant of health and safety 

related hardware (e.g., seating, 

environmental control and life support, 

hygiene facilities, food preparation, exercise 

equipment, fire suppression, 

communications equipment, safety-related 

clothing or headgear) or emergency 

procedures; 

(v) Viewing of the interior and exterior of 

the spacecraft or terrestrial mock-ups; 

(vi) Observing ‘‘spacecraft’’ operations 

(e.g., pre-flight checks, landing, in-flight 

status); 

(vii) Training in ‘‘spacecraft’’ or terrestrial 

mock-ups for connecting to or operating 

passenger or participant equipment used for 

purposes other than operating the 

‘‘spacecraft;’’ or 

(viii) Donning, wearing or utilizing the 

passenger’s or participant’s flight suit, 

pressure suit or spacesuit, and personal 

equipment. 

* * * * * 

Thea D. Rozman Kendler, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2024–23975 Filed 10–17–24; 4:15 pm] 

BILLING CODE 3510–33–P 


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