Today, the Department of State’s final rule (with corrections available here) and the Department of Commerce’s final rule revising the export controls applicable to satellites and related parts, components, software, technology, and services became effective. The agencies published interim final rules detailing the changes in May 2014.  This is long-awaited and welcome news to the satellite and space industry, as commercial communications satellites (without classified components or capability), remote sensing satellites with performance parameters below certain thresholds, as well as a number of other items are now controlled by Commerce’s Export Administration Regulations (EAR), rather than State’s International Traffic in Arms Regulations (ITAR).  Of course, most of the items that now fall under the purview of the EAR will remain subject to fairly stringent export controls requirements, including special controls and rules applicable to countries subject to arms embargo policies. There are two points of note in the new rules: 
  1. First, State and Commerce codified existing policy regarding telemetry data.  Neither the ITAR nor new Export Control Classification Number (ECCN) 9E515 in the EAR covering technology related to the formerly ITAR-controlled satellites and spacecraft control data transmitted to or from a satellite or spacecraft, whether real or simulated, when limited to information about the health, operational status, or function of, or measurements or raw sensor output from, the spacecraft, spacecraft payload(s), or their associated subsystems or components.
  2. Second, even if a satellite or spacecraft has shifted from ITAR- to EAR-controlled, defense services still may be an issue.  In this connection, the ITAR explicitly controls furnishing
    assistance in the integration of a satellite or spacecraft to a launch  vehicle (planning and onsite support) and in the launch failure analysis of a satellite or spacecraft, regardless of the  jurisdiction, ownership, or origin of the satellite or spacecraft and regardless of whether or not ITAR-controlled technical data is used.  In other words, these types of activities require authorization under the ITAR even if the satellite or spacecraft is now EAR-controlled and even if no ITAR-controlled technical data is transferred.