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Louis Jacobson
By Louis Jacobson July 20, 2012
Back to Revise regulations for export of aerospace technology

House tees up export control measure for Senate consideration

During the 2008 presidential campaign, Barack Obama promised to review the regulations that govern the export of aerospace technology.

For years, American technology companies — especially aerospace manufacturers — have chafed under the International Traffic in Arms Regulations, or ITAR. These rules, administered by the State Department, stem from the 1968 Arms Export Control Act and are designed to prevent  critical defense-related technologies from falling into the wrong hands. Under ITAR, technologies with military value may not be exported without a license from the State Department. The Commerce Department oversees, under somewhat looser controls, export of "dual-use" technologies that have both military and civilian applications.

ITAR makes it hard for U.S. aerospace companies to sell technologies such as satellites to foreign customers. This significantly reduces the size of their potential markets.

Last year, the Defense Department and State Department issued a report on whether it was advisable to make changes to the law. They concluded that communications satellites without classified components and remote-sensing satellites below a certain performance standard are not unique to the U.S. and aren"t critical to national security. As a result, the report concluded, control could be safely shifted from the State Department to the Commerce Department.

In a May 17, 2012, voice vote, the House of Representatives approved a bipartisan amendment to implement the report"s recommendations.

The ball is now in the Senate"s court. In May, Sen. Michael Bennet, D-Colo., introduced a bill to implement the report"s recommendations. Observers predict that the bill could be included as an amendment to the annual defense authorization bill. This "must-pass” measure is now second in line for consideration in the Senate after a cybersecurity bill, said Senate Majority Leader Harry Reid, D-Nev.

If the Senate passes the measure, and if, as expected, Obama signs it, we"ll rate it a Promise Kept. But until that happens, we"re keeping this one In the Works.

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