Introduction

SIA has led the industry’s efforts to improve to the U.S. export licensing and policy framework for satellites, components, technical data, and ground equipment. A major step toward reform was accomplished in January 2013, when the President signed into law a bill that returned to the Executive Branch the authority to determine the export licensing jurisdiction of satellites and related items. This law reversed a 1998 Congressional mandate that all satellites and related items be regulated as munitions.

The Executive Branch is currently in the process of implementing the reforms authorized by the January 2013 legislation – see the SIA-AIA Fact Sheet below. SIA is committed to working with the U.S. government to ensure that implementation helps to streamline satellite exports for U.S. companies while continuing to protect critical satellite technologies.

SIA-AIA Fact Sheet on Satellite Export Control Reform Implementation

Reference Documents

• Fiscal Year 2013 National Defense Authorization Act – Legislative Language on Satellite Export Control Reform
• Fiscal Year 2013 National Defense Authorization Act – Conference Report Language on Satellite Export Control Reform
• Final Section 1248 Report
• U.S. Department of Commerce and Federal Aviation Administration “Introduction to U.S. Export Controls for the Commercial Space Industry”

Legislative History

• January 2, 2013 – the FY13 NDAA is signed into law by President Obama
• December 20-21, 2012 – the FY13 NDAA Conference Report passes the House and Senate by wide margins; SIA Press Release
• December 18, 2012 – after weeks of negotiations with the Administration, the House and Senate agree to a final version of the FY13 NDAA that includes satellite export control reform language
• December 4, 2012 – the Senate passes its version of the FY13 NDAA without any language on satellite export control policy
• May 21, 2012 – Sen. Bennet introduces S. 3211, similar in content to both H.R. 3288 and the FY13 NDAA amendment; SIA Press Release
• May 18, 2012 – the FY13 NDAA passes the House of Representatives; SIA Press Release
• May 17, 2012 – a satellite ITAR reform amendment is added to the Fiscal Year 2013 National Defense Authorization Act (FY13 NDAA) on the House floor; the content is similar to H.R. 3288, and is co-sponsored by the Chairman and Ranking Member of the House Armed Services Committee (Reps. McKeon and Adam Smith) and 13 others
• April 18, 2012 – the Departments of Defense and State release the Final Section 1248 Report, which recommended that Congress return to the Executive Branch the authority to determine the export licensing jurisdiction of satellites and related items; SIA Press Release
• November 1, 2011 – Rep. Berman introduces H.R. 3288, the “Safeguarding United States Satellite Leadership and Security Act of 2011” with 8 co-sponsors; 19 total Representatives eventually co-sponsor; SIA Press Release
• October 17, 1998 – the Fiscal Year 1999 Strom Thurmond National Defense Authorization Act is enacted into law; it contains a provision transferring all satellites and related items from the Commerce Control List to the United States Munitions List, effectively removing the Executive Branch’s authority to regulate satellite exports