The concurrent final rules on transferring items from U.S. Munitions List category XI to the Commerce Control List include revisions for satellite systems. The Commerce and State departments released the final rules on the transfer of dual-use items Monday (CD July 1 p12). Most of the rules are effective Dec. 30, the departments said Tuesday in Federal Register notices (http://1.usa.gov/1z5Fakc; http://1.usa.gov/1lwGfaz). Revisions include one made to control antennas that employ four or more elements, electronically steer angular beams and achieve a beam switching speed faster than 50 milliseconds. That came in response to commenters who indicated the previous rule was written in a way that would control items like antennas designed for transmitting radio communications via a commercially operated fixed or mobile satellite service system, which is already controlled by an export control classification number, the State Department notice said. The final rules were released as part of previously disclosed export control overhaul (CD May 13 p12).
The Commerce and State departments are issuing concurrent interim final rules to transfer export controls on spacecraft, including satellites, from U.S. Munitions List (USML) Category XV (Spacecraft and Related Articles) to the Commerce Control List (CCL), said notices from each department slated to appear in Tuesday’s Federal Register. Commerce’s Bureau of Industry and Security and the State Department have been prioritizing revision to Category XV for months. The transfers are part of the administration’s export control revamp. Large portions of both rules will be effective Nov. 10, following a 180-day grace period to let industry adjust to the regulatory changes. The interim rules incorporate changes suggested through comments on the proposal published in the Federal Register May 24, 2013, and both agencies will accept comments until June 26. The Commerce rule (http://1.usa.gov/RAILVY) creates four new Export Control Classification Numbers in CCL Category 9. The controls on radiation-hardened and other microelectronic circuits will be removed from the USML June 26. International Traffic in Arms Regulations controls on software and technical data related to microelectronic circuits will also be removed then from the USML. The State final rule (http://1.usa.gov/RAILVY) will be effective Nov. 10, except for Section 121.1, which effective June 26 amends portions of Category IV (launch vehicles, guided missiles, ballistic missiles, rockets, torpedoes, bombs and mines) that deal with spacecraft-launch vehicle integration and launch failure analysis services. In Category XV, certain commercial communications and remote sensing satellites will be subject to CCL controls after the Nov. 10 effective date. State is also transferring USML items to the CCL by limiting its scope of control on ground control systems and training simulators specially designed for telemetry, tracking and control of spacecraft. State will keep USML control on certain GPS receiving equipment, which will be up for export control changes in amendments to USML Category XII (fire control, range finder, optical and guidance and control equipment).
Satellite companies and manufacturers supported the Obama Administration’s draft proposals to update the satellite export control regime in comments to the Department of Commerce Bureau of Industry and Security (BIS). The proposals address the transfer of satellite systems and their components from the U.S. munitions list (USML) to the Commerce Control List (CCL). Items controlled under the USML are critical to national security, while the CCL is less restrictive and includes items that are less critical. Comments were due this week and posted Thursday (http://1.usa.gov/1aevu9E). SES, Intelsat, Boeing and other companies approved of the proposals but asked for clarifications to export control classification numbers (ECCN) that identify items.