The ideal world: “laissez faire, laissez passer”
When you start a space company, you probably desire to sell your products internationally and also use the best components and services available from providers all over the world. And in an ideal world you could because it sounds like common sense.
Right?
Reality check
Unfortunately, in the real world, most space technologies are subject to export controls, and it is your responsibility as an exporter and/or importer to be aware of the steps necessary to ensure that your operations and those of your supplier are lawful.
Besides legal headaches, these ‘details’ can mean the difference between life and death of your fledgling company or operation. Get your legal specialist involved but also make sure to give yourself and your team members a rudimentary education.
To help commercial space organizations, especially emerging entrepreneurial firms, considering business in the international market, the U.S. Department of State, in cooperation with the Federal Aviation Administration’s Office of Commercial Space Transportation, created a 76 page INTRODUCTION TO U.S. Export Controls for the Commercial Space Industry.
This guidebook provides basic information to help commercial space organizations, especially emerging entrepreneurial firms, considering business in the international market. It is intended to serve as a starting point in the preparation for the export control process. The guidebook is an update to the 2008 edition and reflects changes due to the Export Control Reform initiative.
While this guidebook gives an overview of the general responsibilities and procedures, it cannot replace a full understanding of export regulations or discussions with regulatory bodies and legal counsel prior to any technology or information export. Still, it is a must read to get a basic understanding.
Remark: As the information on this site might go out of date, be sure to always check for the latest updates on the official websites since it is your responsibility.
INTRODUCTION TO U.S. Export Controls for the Commercial Space Industry, 2nd Edition – November 2017
- Source: Department of Commerce and Federal Aviation Administration
This publication was prepared by the U.S. Department of Commerce’s Office of Space Commerce and the Federal Aviation Administration’s Office of Commercial Space Transportation. For additional information, questions, or comments, please visit our websites:- www.space.commerce.gov
- ast.faa.gov
- The U.S. Department of State is the final authority on International Traffic and Arms Regulations (ITAR). https://www.pmddtc.state.gov/
- The U.S. Department of Commerce is the final authority on Export Administration Regulations (EAR) https://www.bis.doc.gov/
FYI: An export is defined as:
- (1) an actual shipment or transmission out of the United States;
- (2) releasing or otherwise transferring technical data to a foreign person in the United States (a “deemed export”);
- (3) transferring registration, control, or ownership of any aircraft, vessel, or satellite by a U.S. person to a foreign person;
- (4) releasing or otherwise transferring a defense article to an embassy in the United States; or
- (5) performing a defense service on behalf of, or for the benefit of, a foreign person, whether in the United States or abroad.
- A launch vehicle or payload shall not, by reason of the launching of such vehicle, be considered an export.
- A re-export is the shipment or transmission of exported items from one foreign country to another, the deemed export of technical data within a foreign country, or the transfer of registration, control, or ownership of an exported aircraft, vessel, or satellite between foreign persons.
If this applies to what you want to do, we highly recommend to take a couple of hours to read this guide.
- The trainer has extensive experience in regulatory compliance and the roll out of regulatory compliance services within group structures (1000+ employees).
Additional services our team can provide include
- HR Compensation and Benefits packages in several stages of company life (start-up/mature company (1000+ employees), training and implementation
- Our senior trainer/consultant has experience in the pharmaceutical, manufacturing and financial industry.
