Space Launch Technology
A U.S. company, as a result of their early international
marketing efforts, develops a Technology Assistance Agreement
(TAA) to work with a foreign company on space technology.
This TAA is submitted as a request for an export license to the
Department of State (DoS). Interagency efforts begin when
DoS sends the license request to DTSA’s Technical Directorate
(TD), via DTSA’s Licensing Directorate (LD). TD reviews
the scope of the TAA, and recommends limitations to be imposed
on the U. S. Company based on a complete review that
incorporates the level of defense articles & defense services
for the specific technology to be exported, with a view toward
the global significance of the export and the effects on U.S.
National Security if it were compromised.
As a result of the DTC provisos, Special Export Controls
(SEC) might be required. SECs apply to technical
assistance and may require review of technical data exported in
pre-launch, launch, and post-launch activities. DoD
Monitoring requirements may also be imposed and are dictated by
law. There are three possible provisos for SECs (each
having multiple variations) that could be added to an export
license:
- TTCP Proviso: Ensures the company will
develop and maintain a TTCP throughout the
life of the license. This TTCP will need to be
approved by DTSA/SD, via
Spacelink.
- Data Review Proviso: Requires all technical
data to be reviewed by DTSA/SD, prior to
export. This is accomplished via Spacelink.
- Physical monitoring of Technical
Interchanges: Requires a DTSA/SD monitor to be
present, as an observer at all technical
interchanges associated with the export license,
unless otherwise waived. This proviso will
dictate that DTSA “MUST monitor” (indicating a
reimbursable program), or that DTSA has a “right
to monitor” (indicating a discretionary
program).”
After the Department of State,
Directorate
of Defense Trade Controls (DDTC) approves the export request
and applies the appropriate suggested provisos with the
authorization, industry is compelled to interact with DTSA/Space
Directorate (SD) to obtain access to Spacelink and receive cost
estimates (when applicable) to reimburse SD’s costs of
supporting the company’s program. SD thereby interacts
with Industry to upload license files into Spacelink and in the
development of a TTCP. Once SD approves the TTCP, it is
uploaded into Spacelink and the company is authorized to export
data and defense services. The TTCP defines how the
technology will be protected from inappropriate transfers.
Interactions between Industry and SD may point to licensing
issues which may require a proviso modification. This in
turn leads to intra-departmental interactions through LD to
obtain clarification and possible provisos reconsideration from
the DTC. These export authorizations often lead to
launches of U.S. satellites or components on international
launch vehicles.