Risk Assessment of United States Space Export Control Policy. Departments of Defense and State Final Report to Congress Section 1248 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84)

摘要

Section 1248 of the National Defense Authorization Act of Fiscal Year 2010 (Public Law 111-84) provides that the Secretaries of Defense and State shall carry out an assessment of the risks associated with removing satellites and related components from the United States Munitions List (USML). The Departments of Defense (DoD) and State (DoS) conducted this review and identified two satellite types, and related items, that are not purely defense-related and thus should not be designated as defense articles on the USML or controlled under the International Traffic In Arms Regulations (ITAR) administered by DoS. These satellites and related items do not contain technologies unique to the United States (U.S.) military industrial base nor are they critical to national security. In particular, the Departments believe the following items are more appropriately designated as dual-use items on the Commerce Control List (CCL) and controlled under the Export Administration Regulations (EAR): Communications satellites (COMSATs) that do not contain classified components; Remote sensing satellites with performance parameters below certain thresholds; and Systems, subsystems, parts and components associated with these satellites and with performance parameters below thresholds specified for items remaining on the USML. The assessment examined the risks associated with removing from the USML those above-referenced dual-use items. The United States and other space-faring nations have satellites far more capable than those identified above as dual-use; however, those dual-use satellites and related items, including technology, can be used by countries with less experience and expertise in space to generate basic, initial military communications, remote sensing assets, and satellite jamming capabilities. It found that even though these items were available from other non-U.S. sources and not critical to preserving U.S. military edge, they could provide to a nation, with less space expertise than the United States, functionality that could potentially reduce or hinder U.S. military activities, operations, plans, or strategies.