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system, subsystem, component, part, or accessory calibration, manipulation, or
control of items controlled by ECCN 9A515.
d.  Source code  specially designed for data assemblage, extrapolation, or
manipulation of items controlled by ECCN 9A515.
e.  Source code that contains the algorithms or control laws  specially designed
for attitude, position, or flight control of items controlled in ECCN 9A515.
f.  Source code  specially designed for built-in test and diagnostics for items
controlled by ECCN 9A515.
(2) 9E515
a. "Technology  required for the  development of items controlled by ECCN
9A515 (other than 9A515.b (e.g., ground control systems and simulators)).
b.  Technology  required for the  production of items controlled by ECCN
9A515(other than 9A515.b (e.g., ground control systems and simulators)).
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c.  Technology  required for design verification, manufacturability, or quality
control for items in ECCN 9A515 (other than 9A515.b (e.g., ground control
systems and simulators)).
d.  Technology associated with major anomaly or failure investigation or review
for items in 9A515.
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Appendix 3
Methodology
This appendix describes the background to and the process by which the U.S. Government
reviewed and developed the proposed United States Munitions List (USML) Category XV,
Spacecraft Systems and Associated Equipment. The review methodology was the same as the
USML Rewrite methodology approved by the Deputies Committee on August 16, 2010 and used
in the Administration s on-going Export Control Reform (ECR) effort.
Section 1248 of Public Law 111-84, the National Defense Authorization Act (NDAA) for Fiscal
Year 2010, provides that the Secretary of Defense and the Secretary of State shall carry out an
assessment of the national security risks of removing satellites and related components from the
United States Munitions List (USML). The assessment is to include a review of space and
space-related technologies currently on the USML, and the national security risks of removing
certain space and space-related technologies from the USML. The report is to provide
recommendations for candidates for removal from the USML based on this national security risk
assessment; propose safeguards and verification necessary to prevent proliferation and diversion
of space and space-related technologies; confirm appropriateness of end-uses and end-users;
minimize the risk that such space and space-related technologies could be used in foreign
missile, space, or other applications that may pose a threat to the security of the United States;
and propose improvements to space export control policy and processes.
The Department of Defense (DoD) and Department of State (DoS) agree that space export
control policies and processes would be improved if jurisdiction of space and space-related
technologies were normalized, such that the same processes that are currently available to the
Administration would apply to space-related items. The Administration is pursuing review and
recommendations for other USML categories through its ECR control list review effort.
Therefore, the review group used the methodology for the ECR control list review to provide
recommendations for the Section 1248 report concerning satellites and related components.
Using the ECR USML review process, the Category XV Interagency Technical Working Group
created descriptions of the items to remain on the USML and thus any items not specified would
transfer to the Commerce Control List (CCL). The descriptions when viewed as a whole create a
 bright line between the two lists, i.e., an item is controlled under the USML if its function or
performance parameters match a description in the list and CCL if not. The  bright line serves
to clarify jurisdictional determinations and reduce government and industry uncertainty about
whether particular items are subject to the jurisdiction of the International Traffic in Arms
Regulations (ITAR) or the Export Administration Regulations (EAR).
In order to accomplish the assessment, the USML and, to a lesser degree, the CCL must be
revised so that they are  positive lists. A  positive list is a list that describes controlled items
using objective criteria such as horsepower, microns, wavelength, speed, accuracy, hertz, or
other precise descriptions rather than broad, open-ended, subjective, catch-all, or design intent-
based criteria.
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Background to the Control List Review and Revision Effort
A key element of ECR is that all items on the USML and the CCL must be screened against
criteria the U.S. Government developed to align control levels with contemporary national
security threats and other issues.
Many of the ITAR s USML controls are based on subjective or design-intent criteria. That is,
regardless of an item s capability, sophistication, age, funding, lethality, end-use, or origins, it is,
with some exceptions, USML-controlled if it was originally  specifically designed, modified, or
adapted for a military or space application, purpose, or use. In particular, most current USML
categories contain a non-specific catch-all control over every  part or  component that was
 specifically designed or modified for any of the defense articles listed in that category. This
means, for example, that a solar array sized to support a communications satellite, and all
technical data and services directly related to that array, are controlled for almost worldwide
export in a similar manner to a military imaging satellite.
Most of the EAR s CCL controls are based on the technical capabilities and specifications of
items regardless of their intended end-use or the reasons for which they were designed. The
CCL s controls are also more flexible in that different types of items are controlled differently to
different groups of destinations and end-users depending on the significance of the item. In other
words, the CCL is a more  positive list with more flexible controls than the USML. The EAR
do nonetheless have a significant number of export control classification numbers (ECCNs) with
controls on items that are  specially designed for some purpose or end-item. The issues [ Pobierz całość w formacie PDF ]