Assessing & Managing Risk
Space Launch Technology
A U.S. company, as a result of their early international marketing efforts, develops a Technology Assistance Agreement (TAA) to work with a foreign company on space technology. This TAA is submitted as a request for an export license to the Department of State (DoS). Interagency efforts begin when DoS sends the license request to DTSA’s Technical Directorate (TD), via DTSA’s Licensing Directorate (LD). TD reviews the scope of the TAA, and recommends limitations to be imposed on the U. S. Company based on a complete review that incorporates the level of defense articles defense services for the specific technology to be exported, with a view toward the global significance of the export and the effects on U.S. National Security if it were compromised.
As a result of the DTC provisos, Special Export Controls (SEC) might be required. SECs apply to technical assistance and may require review of technical data exported in pre-launch, launch, and post-launch activities. DoD Monitoring requirements may also be imposed and are dictated by law. There are three possible provisos for SECs (each having multiple variations) that could be added to an export license:
- TTCP Proviso: Ensures the company will develop and maintain a TTCP throughout the life of the license. This TTCP will need to be approved by DTSA/SD, via Spacelink.
- Data Review Proviso: Requires all technical data to be reviewed by DTSA/SD, prior to export. This is accomplished via Spacelink.
- Physical monitoring of Technical Interchanges: Requires a DTSA/SD monitor to be present, as an observer at all technical interchanges associated with the export license, unless otherwise waived. This proviso will dictate that DTSA “MUST monitor” (indicating a reimbursable program), or that DTSA has a “right to monitor” (indicating a discretionary program).”
After the Department of State, Directorate of Defense Trade Controls (DDTC) approves the export request and applies the appropriate suggested provisos with the authorization, industry is compelled to interact with DTSA/Space Directorate (SD) to obtain access to Spacelink and receive cost estimates (when applicable) to reimburse SD’s costs of supporting the company’s program. SD thereby interacts with Industry to upload license files into Spacelink and in the development of a TTCP. Once SD approves the TTCP, it is uploaded into Spacelink and the company is authorized to export data and defense services. The TTCP defines how the technology will be protected from inappropriate transfers.
Interactions between Industry and SD may point to licensing issues which may require a proviso modification. This in turn leads to intra-departmental interactions through LD to obtain clarification and possible provisos reconsideration from the DTC. These export authorizations often lead to launches of U.S. satellites or components on international launch vehicles.