COMSTAC: EXPORT CONTROLS WORKING GROUP COMSTAC: EXPORT CONTROLS WORKING GROUP May 20, 2009

Recent Develpoments

Victory at Last!!

Bigelow Aerospace Commodity Jurisdiction Request

Darron When CJ Was Filed

Darron When We Received Our CJ Response

Cong. ‘Dutch’ Ruppersberger Chair of the U.S. House of Representatives Permanent Select Subcommittee on Technology and Tactical Intelligence

Recommendation #1 Under the auspices of the Office of Science and Technology Policy (“OSTP”), or a revived National Space Council, the White House must lead an effort to review and revise the United States Munitions List (“USML”) and the Commerce Control List (“CCL”). Technologies that are obsolete, militarily benign, or widely available in the international commercial marketplace should be placed on the CCL. Moreover, inconsistencies, overlap, and contradictions between the USML and the CCL should be identified and addressed.

Recommendation #2 The White House should establish a standing entity (again, under OSTP or a new Space Council) to support this review process on an ongoing basis. Due to the constantly evolving nature of technology and the global marketplace, the USML and CCL should be reviewed, updated, and reconciled, on at least an annual basis with input from all of the relevant stakeholders and the private sector. Congress, for its part, must draft and pass the legislation necessary to allow this process to take place.

Recommendation #3 The transparency of the export control process must also be enhanced. Specifically, explanatory notes should be included at the end of each USML and CCL category. Additionally, the results of Commodity Jurisdiction requests, including the text of the requests themselves (redacted as necessary), should be publicly released in a timely fashion and in an easily accessible manner.

Recommendation #4 The Directorate of Defense Trade Controls (“DDTC”) should bolster the efficacy of its Response Team. The Response Team’s capabilities should be enhanced to allow it to act as an ombudsman, providing interested parties with greater information, as well as recommendations for potential strategies and paths forward. To meet the requisite Response Team staffing needs, the DDTC should consider hiring personnel with practical experience such as present and former Defense Technology Security Administration Space Directorate monitors.

Recommendation #5 The DDTC should be commended for the significant improvements that have been made in response times. To leverage this progress, the DDTC should review and, in coordination with industry and relevant stakeholders, make recommendations to establish realistic ceilings for issuing responses to license applications, Commodity Jurisdiction Requests, and other relevant export control inquiries.

Recommendation #6 The DDTC in conjunction with industry and relevant stakeholders should review and consider expanding the availability of exemptions, such as those granted with respect to Canada, to NATO and Major Non-NATO U.S. allies.

TAAs for Trek??

COMSTAC: EXPORT CONTROLS WORKING GROUP COMSTAC: EXPORT CONTROLS WORKING GROUP May 20, 2009

ITAR Czar

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