[Federal Register Volume 59, Number 180 (Monday, September 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20988]


[[Page Unknown]]

[Federal Register: September 19, 1994]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF STATE

Bureau of Political-Military Affairs

22 CFR Part 121

[Public Notice 2056]

 

Amendments to the International Traffic in Arms Regulations 
(ITAR)

agency: Department of State.

action: Final rule.

-----------------------------------------------------------------------

summary: This final rule amends the regulations implementing section 38 
of the Arms Export Control Act, which governs the export of defense 
articles and defense services. Specifically, this rule moves from the 
controls of Category XV of the USML to those of entry 9A04 of the 
Commerce Control List (CCL) the international space station being built 
under the supervision of the National Aeronautics and Space 
Administration (NASA) and NASA's international partners: the space 
agencies of Japan, Canada, the European Space Agency, and Russia. This 
movement applies to the space station itself, as well as all 
components, parts, accessories, attachments and associated equipment 
specifically designed, modified or configured for the space station, 
and all directly related technical data, software and services for 
those items, except for such data, software and services which are 
controlled under Category XV (f) of the U.S. Munitions List (USML). 
This rule reduces the burden on exporters by removing both the above-
cited hardware and software and technical data from the controls of the 
International Traffic in Arms Regulations (ITAR).
    The Department of Commerce is publishing separately a final rule 
under the provisions of the Export Administration Regulations, to amend 
the relevant Export Commodity Control Number (ECCN) category, i.e., 
9A04, to add the international space station and all its specifically 
designed, modified, or configured components, parts, accessories, 
attachments and associated equipment, software, and technical data and 
services not captured under Category XV (f) of the USML, which items 
are being moved as a result of this rule.

effective date: This rule will take effect upon September 19, 1994.

for further information contact: Kenneth M. Peoples, Office of Defense 
Trade Controls, Department of State, telephone number 703-875-6619, fax 
703-875-6647.

supplementary information: On November 16, 1990, President Bush 
directed that the United States Government ``remove from the USML all 
items contained on the COCOM dual use list unless significant U.S. 
national security interests would be jeopardized.'' (Vol. 26, No. 46, 
Weekly Compilation of Presidential Documents p. 1839.) To implement 
this directive, the Department of State established several inter-
agency working groups to identify where overlaps of items on the USML 
and the COCOM dual use list existed and whether removal of these items 
from the USML would significantly jeopardize U.S. national security.
    One of these inter-agency groups, the Space Technical Working Group 
(STWG), identified non-military spacecraft as an item involving such an 
overlap and recommended movement of all non-military spacecraft from 
the USML to the Commerce Control List (CCL), except where such movement 
would ``significantly jeopardize U.S. national security.'' Among those 
spacecraft identified as constituting an overlap and recommended for 
movement to the CCL was the international space station being built by 
NASA and its international partners.
    On September 5, 1991, the Department published in the Federal 
Register an advance notice of proposed rule-making, establishing a new 
Category XV on the USML for spacecraft and related systems (56 FR 
43894) and advising that a series of proposed rules would follow. A 
final rule formally creating category XV for Spacecraft Systems and 
Associated Equipment was published in the Federal Register on April 27, 
1992 (57 FR 15227).
    In late 1993, President Clinton directed NASA to add the Russian 
Space Agency as a partner to its international space station program 
and instructed other U.S. Government agencies to provide the necessary 
assistance to NASA to enable it to continue to carry out that program. 
An inter-agency Space Station Export Control Steering Committee met on 
March 10, 1994, and recommended several steps in the area of U.S. 
export controls which will be necessary for NASA to advance its 
international space station program. One of the recommended steps is 
the movement of the international space station itself from export 
control under the USML to the control of the CCL.
    The Department agrees with the recommendation of the interagency 
committee; accordingly, the Department is removing from the USML and 
the Department of Commerce is placing under the control of Export 
Control Classification Number (ECCN) 9A04 of the CCL the following 
items: the international space station and all components, parts, 
accessories, attachments, and associated equipment specifically 
designed, modified or configured for the international space station, 
as well as all directly related technical data, software and services 
for those items, except for that data, software and services which is 
controlled under Category XV (f) of the USML.
    For purposes of clarification, this rule makes two additional minor 
changes, which have been requested by U.S. industry, to the language of 
Category XV of the USML for purposes of clarification. In paragraph 
(c)(2)(ii), the word ``all'' has been inserted to indicate that all 
sidelobes on the relevant satellite must be less than or equal to -35dB 
in order for that parameter to control the satellite under the USML. 
Several U.S. companies have indicated to the STWG that virtually all 
satellites have one or more sidelobes which are less than or equal to -
35dB; the parameter is intended to capture only those few commercial 
communications satellites in which all sidelobes fall under the cited 
parameter.
    In Category XV, paragraph (f), involving technical data and defense 
services, the first sentence has been corrected to show coverage of 
paragraph (f) over preceding paragraphs (a) through (e), instead of (a) 
through (f). In addition, the wording of the final two sentences of the 
paragraph has been amended to clarify the fact that those two sentences 
are directed only at the spacecraft which have been moved off the USML 
to the CCL.
    This amendment involves a foreign affairs function of the United 
States and thus is excluded from the major rule procedures of Executive 
Order 12291 (46 FR 13193) and the procedures of the Administrative 
Procedure Act (5 U.S.C. 553 and 554).

List of Subjects in 22 CFR Part 121

    Arms and Munitions, Exports.

    Accordingly, for the reasons set forth in the preamble, 22 CFR 
subchapter M, part 121 is amended as follows:

PART 121--THE UNITED STATES MUNITIONS LIST

    1. The authority citation for Part 121 continues to read as 
follows:

    Authority: Secs. 2, 38, and 71, Pub. L. 90-629, 90 Stat. 744 (22 
U.S.C. 2752, 2778, 2797); E.O. 11958, 42 FR 4311; 3 C.F.R. 1977 
Comp. p. 79; 22 U.S.C. 2658.

    2. In Sec. 121.1, Category XV is amended by revising paragraphs (c) 
introductory text, (c)(2)(ii), and (f), and adding a NOTE reading as 
follows:


Sec. 121.1  General. The United States Munitions List.

* * * * *

Category XV--Spacecraft Systems and Associated Equipment

* * * * *
    (c) Communications satellites (excluding ground stations and their 
associated equipment and technical data not enumerated elsewhere in 
Sec. 121.1 of this subchapter; for controls on such ground stations, 
see the Commerce Control List) with any of the following 
characteristics:
* * * * *
    (2) * * *
    (ii) With all sidelobes less than or equal to -35dB; or
* * * * *
    (f) Technical data (as defined in Sec. 120.21 of this subchapter) 
and defense services (as defined in Sec. 120.8 of this subchapter) 
directly related to the defense articles in paragraphs (a) through (e) 
of this category. (See Sec. 125.4 for exceptions.) Technical data 
directly related to the manufacture or production of any defense 
articles enumerated elsewhere in this category that are designated as 
Significant Military Equipment (SME) shall itself be designated SME. In 
addition, detailed design, development, production or manufacturing 
data for all spacecraft systems and for specifically designed or 
modified components for all spacecraft systems, regardless of which 
U.S. Government agency has jurisdiction for export of the spacecraft. 
(See Sec. 125.4 for exceptions.) This coverage by the U.S. Munitions 
List of detailed design, development, manufacturing or production 
information directly related to satellites which are not otherwise 
under the control of this section does not include that level of 
technical data (including marketing data) necessary and reasonable for 
a purchaser to have assurance that a U.S.-built item intended to 
operate in space has been designed, manufactured, and tested in 
conformance with specified contract requirements (e.g., operational 
performance, reliability, lifetime, product quality, or delivery 
expectations), as well as data necessary to evaluate in-orbit anomalies 
and to operate and maintain associated ground equipment.

    Note: The international space station, being developed, launched 
and operated under the supervision of the National Aeronautics and 
Space Administration, is controlled for export purposes under the 
Export Administration Regulations.

    Dated: July 30, 1994.
Lynn E. Davis,
Under Secretary of State for Arms Control and International Security 
Affairs.
[FR Doc. 94-20988 Filed 9-16-94; 8:45 am]
BILLING CODE 4710-25-M