Res Communis

DDTC Web Notice on Licensing Satellite Components for Launch from India

by P.J. Blount with the blog faculty

The Directorate of Defense Trade Controls (DDTC) has issued a web notice titled Licensing Satellite Components for Launch from India:

Licensing Satellite Components for Launch from India

On July 20, 2009, the United States and India signed a Technology Safeguards Agreement which effectively changes U.S. Government (USG) policy to permit the launch of civil or non-commercial satellites containing U.S. ITAR-controlled components on Indian space launch vehicles.

For the purposes of this policy, “civil or non-commercial satellites” does not include commercial satellites (communications or otherwise). Commercial satellites will continue to be subject to a presumption of denial; hybrid commercial satellites containing non-commercial payloads will be reviewed on a case-by-case basis.

Effective immediately as a result of this change in USG policy, the Directorate of Defense Trade Controls is implementing the following additional documentation requirements on requests for the export or retransfer of USML Category XV satellites or components for incorporation into satellites destined for launch from India. The following information must be contained in the purpose block of the application or in the Supplementary Letter of Explanation document attached as supporting material:

• Description of the satellite, to include satellite purpose, orbital inclination, and coverage area
• Purchaser of the satellite
• Manufacturer of the satellite
• Anticipated launch vehicle and schedule

Applicants are advised export licenses for satellite components destined for launch from India may be subject to monitoring in accordance with Section 1516 of Public Law 105-261. (See 22 CFR 123.27 for additional information.)

Any questions or concerns should be directed to Tony Dearth, Chief of the Space and Missile Technology Division, deartham@state.gov.