New Bill Would Give President More Authority over Commercial Satellites Export Controls
On November 1, 2011, Representative Berman (D-CA) and 12 co-sponsors1 introduced H.R. 3288, the “Safeguarding U.S. Satellite Leadership and Security Act of 2011,” which would restore the President’s ability to determine what export restrictions should apply to commercial satellites and related components, but prohibit outright any such exports to China, Iran, North Korea, Syria, Sudan, or Cuba.
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
(In 1999, in the wake of revelations about unlicensed technical assistance to China’s space launch program by two U.S. companies, Congress mandated that all U.S. satellites and components were to be subject to licensing as weapons under the U.S. Munitions List (USML) by the State Department. This restriction applies regardless of whether the proposed export is to China or a NATO ally.)
Authorize Removal from USML, Except for Export to China, Terrorism Sponsors
H.R. 3288 would:
- authorize the President to remove commercial satellites and related components from the USML, consistent with the procedures in Section 38(f) of the Arms Export Control Act (22 USC 2778(f)).
- prohibit satellite or related components from being transferred to, directly or indirectly, or launched into outer space by, the Governments of China, Cuba, Iran, Sudan, Syria, or North Korea or any of their persons or entities.
The President would not be allowed to exercise the authority to remove commercial satellites from the USML before the latter of:
- 90 days after the date of enactment;
- the date on which the President submits to Congress a determination that the transfer of commercial satellites from the USML does not pose an unacceptable risk to national security, or
- the date on which the President submits to Congress a report regarding the risk-mitigating licensing controls, procedures, and safeguards he will put in place to reduce such risk to an absolute minimum.
1Representatives Manzullo (R-IL), Smith (D-WA), Coffman (R-CO), Ruppersberger (D-MD), Bishop (R-UT), Connolly (D-VA), Chaffetz (R-UT), and Heinrich (D-NM).
Berman press release available here
H.R. 3288 available here