DTSA Space Directorate
The purpose of the Space Directorate (SD), and the
goal of its monitors, is to preserve critical U.S. space-related technological
advantages and prevent the diversion or proliferation of critical technology
that could prove detrimental to U.S. national security in the wrong hands. SD
facilitates the U.S. space industry’s competitiveness in the international
marketplace by providing responsive monitoring services that support the U.S.
space industry’s State Department-approved export requests. SD maintains a
qualified and readily accessible workforce that can respond quickly to
industry’s demands for monitoring services.
The mission of SD is to monitor
technical data
and
defense services associated with approved launches of U.S. satellites by
non-U.S. launch vehicles and other rocket-related programs to prevent the
unauthorized transfer of critical U.S. space-related technology.
SD monitoring is applied and takes effect when DoS DDTC imposes special
export controls (SECs) on space related export authorizations (i.e., licenses
and Technical Assistance Agreements). SECs are:
-
Technology Transfer Control Plan (TTCP): A TTCP defines the
procedures, controls, and processes a company intends to
implement to satisfy the controls and limitations imposed by
provisos on the export authorization. The TTCP delineates the
plan the applicant will follow to prevent the unauthorized
transfer of information.
- Technical Data Review: Requires all technical data to be
reviewed by DTSA/SD, prior to export.
- Monitoring of Technical Interchanges: A DTSA monitor will
attend all meetings and interactions to ensure that defense
services/technical assistance remains within the scope of the
export authorization.
When these SECs are applied to an export
authorization, which has been processed
through USXPORTS, industry will then
interact with DTSA/SD using Spacelink.
Spacelink is a web-based
secured-communications interface used by
DTSA/SD and industry to facilitate
interactions on export authorizations,
TTCPs, technical data transfers, and
technical assistance/defense services.
Once a company has established a Spacelink
account, both the DDTC export approval and
the company submitted export authorization
request must be loaded into Spacelink for
acceptance by DTSA/SD. Subsequently, a
Draft TTCP can be uploaded for DTSA/SD
review and approval. Once DTSA/SD
reviews and approves the draft TTCP, a
company can then upload the Final TTCP into
Spacelink. When the Final TTCP is
uploaded and approved the company is
authorized to export technical data and
defense services as authorized in the export
authorization.
DoS jurisdiction applies in cases where
the export of a U.S. satellite (or related
items) is for launch on a foreign launch
vehicle. For the very specific case of
the export of a U.S. satellite (or related
items) to be launched in, or by nationals of
a country that is neither a member of NATO,
nor a major non-NATO ally of the U.S., SECs
are mandated (reference
PL 105-261,
PL
106-65, and
22 CFR 124.15). In these cases
where SECs are mandated all government
monitoring costs must be reimbursed by the
applicant. In addition, for these
cases in the event of a launch failure a
separate mandatory license is required for
launch failure (crash) investigations and
analyses. These mandatory launch
failure licenses require reimbursement.
Although 22 CFR 124.15 does not require the application of SECs for the
launch of U.S. origin satellites and components from or by nationals of a
country that are members of NATO, or major non-NATO allies, such export controls
may nonetheless be applied. SECs may also be applied to rocket or space
launch vehicle development programs. When DoS DDTC imposes one or all of
the SECs on an export authorization, then DTSA/SD will address the given export
authorization and accompanying SECs in the manner described above. However
the costs of implementing these SECs will be borne by the DoD and will not be
reimbursed by industry. In addition, for these cases in the event of a
launch failure a separate mandatory license is required for launch failure
(crash) investigations and analyses. These mandatory launch failure
licenses do not require reimbursement.
Defense Services from ITAR Section 120.9
(a) Defense service means:
(1) The furnishing of assistance
(including training) to foreign persons,
whether in the United States or abroad in
the design, development, engineering,
manufacture, production, assembly, testing,
repair, maintenance, modification,
operation, demilitarization, destruction,
processing or use of defense articles;
(2) The furnishing to foreign persons of any technical data controlled under
this subchapter (see §120.10), whether in the United States or abroad; or
(3) Military training of foreign units and forces, regular and irregular,
including formal or informal instruction of foreign persons in the United States
or abroad or by correspondence courses, technical, educational, or information
publications and media of all kinds, training aid, orientation, training
exercise, and military advice. (See also §124.1.)
Technical Data from ITAR Section 120.10
(a) Technical data means, for purposes of
this subchapter:
(1) Information, other than software as
defined in §120.10(a)(4), which is required
for the design, development, production,
manufacture, assembly, operation, repair,
testing, maintenance or modification of
defense articles. This includes information
in the form of blueprints, drawings,
photographs, plans, instructions or
documentation.
(2) Classified information relating to defense articles and defense services
on the U.S. Munitions List and 600-series items controlled by the Commerce
Control List;
(3) Information covered by an invention secrecy order; or
(4) Software as defined in §121.8(f) of this subchapter directly related to
defense articles.
(b) The definition in paragraph (a) of this section does not include
information concerning general scientific, mathematical, or engineering
principles commonly taught in schools, colleges, and universities or information
in the public domain as defined in §120.11 of this subchapter. It also does not
include basic marketing information on function or purpose or general system
descriptions of defense articles.