COMSTAC: EXPORT CONTROLS WORKING GROUP COMSTAC: EXPORT CONTROLS WORKING GROUP May 2010

Recent Developments

For Singles! Single Control List Single Control List Single Primary Coordination Agency Single Primary Coordination Agency Single IT System Single IT System Single Licensing Agency Single Licensing Agency

Phase I (Congress, what Congress?) Refine, Harmonize, Understand the Lists Refine, Harmonize, Understand the Lists Streamline Licensing Streamline Licensing Synchronize and De-Conflict by Creating an ‘Enforcement Fusion Center’ Synchronize and De-Conflict by Creating an ‘Enforcement Fusion Center’ Establish a Single IT Point of Entry Establish a Single IT Point of Entry

Phase II (Congressional Notification Required) Control List Restructuring into Identical Tiered Structures Control List Restructuring into Identical Tiered Structures Revise Licensing Accordingly Revise Licensing Accordingly Enforcement- Expand Outreach and Compliance Enforcement- Expand Outreach and Compliance

Phase III (Congressional Legislation Required) Control List- Merge the two lists into a single list Control List- Merge the two lists into a single list Licensing- Implement Single Licensing Agency Licensing- Implement Single Licensing Agency IT- Single IT System IT- Single IT System

Recommendation #1 The COMSTAC supports the White House’s ‘four singles’ approach, which would create a single coordinating agency, a single list, a single licensing agency, and a single IT system. Moreover, we would urge the substantive review of the single list contemplated by the current reform effort so that there is greater clarity and more focused analysis of what technologies should or should not be included Yes We Can!!

Recommendation #2 In the process of establishing a single list, the COMSTAC supports ensuring the list creates substantive reform by limiting or eliminating the licensing process for low- sensitivity items and services, and that a review process continues on an ongoing basis to keep pace with the evolution of technology and its commercial availability.

Recommendation #3 As the export control review process proceeds, the COMSTAC would like to express its desire to serve as an ongoing resource by providing its unique industry perspective relative to the commercial space sector.

Unconstitutional ITAR  Prior Restraint on Free Speech  Too broad, not sufficiently narrowly tailored for its purpose  Does not protect a significant governmental interest  No hard deadlines  No expeditious judicial review

COMSTAC: EXPORT CONTROLS WORKING GROUP COMSTAC: EXPORT CONTROLS WORKING GROUP May 2010