COMSTACCOMSTAC::EXPORT CONTROLS EXPORT CONTROLS

WORKING GROUPWORKING GROUP

May 20, 2009

Recent DevelpomentsRecent Develpoments

Victory at Last!!Victory at Last!!

Bigelow Aerospace Bigelow Aerospace Commodity Jurisdiction RequestCommodity Jurisdiction Request

Darron When CJ Was FiledDarron When CJ Was Filed

Darron When We Received Our CJ ResponseDarron When We Received Our CJ Response

Cong. ‘Dutch’ RuppersbergerCong. ‘Dutch’ Ruppersberger

Chair of the U.S. House of Representatives Chair of the U.S. House of Representatives

Permanent Select Subcommittee on Technology and Tactical IntelligencePermanent Select Subcommittee on Technology and Tactical Intelligence

Recommendation #1Recommendation #1

Under the auspices of the Office of Science and Under the auspices of the Office of Science and Technology Policy (“OSTP”), or a revived National Space Technology Policy (“OSTP”), or a revived National Space

Council, the White House must lead an effort to review Council, the White House must lead an effort to review and revise the United States Munitions List (“USML”) and revise the United States Munitions List (“USML”)

and the Commerce Control List (“CCL”). Technologies and the Commerce Control List (“CCL”). Technologies that are obsolete, militarily benign, or widely available in that are obsolete, militarily benign, or widely available in

the international commercial marketplace should be the international commercial marketplace should be placed on the CCL. Moreover, inconsistencies, overlap, placed on the CCL. Moreover, inconsistencies, overlap,

and contradictions between the USML and the CCL and contradictions between the USML and the CCL should be should be

identified and addressed. identified and addressed.

Recommendation #2Recommendation #2

The White House should establish a standing The White House should establish a standing entity (again, under OSTP or a new Space entity (again, under OSTP or a new Space

Council) to support this review process on an Council) to support this review process on an ongoing basis. Due to the constantly evolving ongoing basis. Due to the constantly evolving

nature of technology and the global marketplace, nature of technology and the global marketplace, the USML and CCL should be reviewed, the USML and CCL should be reviewed,

updated, and reconciled, on at least an annual updated, and reconciled, on at least an annual basis with input from all of the relevant basis with input from all of the relevant

stakeholders and the private sector. Congress, stakeholders and the private sector. Congress, for its part, must draft and pass the legislation for its part, must draft and pass the legislation necessary to allow this process to take place. necessary to allow this process to take place.

Recommendation #3Recommendation #3

The transparency of the export control The transparency of the export control process must also be enhanced. process must also be enhanced.

Specifically, explanatory notes should be Specifically, explanatory notes should be included at the end of each USML and included at the end of each USML and

CCL category. Additionally, the results of CCL category. Additionally, the results of Commodity Jurisdiction requests, including Commodity Jurisdiction requests, including

the text of the requests themselves the text of the requests themselves (redacted as necessary), should be (redacted as necessary), should be

publicly released in a timely fashion and in publicly released in a timely fashion and in an easily accessible manner.an easily accessible manner.

Recommendation #4Recommendation #4

The Directorate of Defense Trade Controls The Directorate of Defense Trade Controls (“DDTC”) should bolster the efficacy of its (“DDTC”) should bolster the efficacy of its Response Team. The Response Team’s Response Team. The Response Team’s

capabilities should be enhanced to allow it to act capabilities should be enhanced to allow it to act as an ombudsman, providing interested parties as an ombudsman, providing interested parties

with greater information, as well as with greater information, as well as recommendations for potential strategies and recommendations for potential strategies and

paths forward. To meet the requisite Response paths forward. To meet the requisite Response Team staffing needs, the DDTC should consider Team staffing needs, the DDTC should consider hiring personnel with practical experience such hiring personnel with practical experience such

as present and former Defense Technology as present and former Defense Technology Security Administration Space Directorate Security Administration Space Directorate

monitors. monitors.

Recommendation #5Recommendation #5

The DDTC should be commended for the The DDTC should be commended for the significant improvements that have been significant improvements that have been

made in response times. To leverage this made in response times. To leverage this progress, the DDTC should review and, in progress, the DDTC should review and, in

coordination with industry and relevant coordination with industry and relevant stakeholders, make recommendations to stakeholders, make recommendations to

establish realistic ceilings for issuing establish realistic ceilings for issuing responses to license applications, responses to license applications,

Commodity Jurisdiction Requests, and Commodity Jurisdiction Requests, and other relevant export control inquiries. other relevant export control inquiries.

Recommendation #6Recommendation #6

The DDTC in conjunction with industry and The DDTC in conjunction with industry and relevant stakeholders should review and relevant stakeholders should review and

consider expanding the availability of consider expanding the availability of exemptions, such as those granted with exemptions, such as those granted with respect to Canada, to NATO and Major respect to Canada, to NATO and Major

Non-NATO U.S. allies.Non-NATO U.S. allies.

TAAs for Trek??TAAs for Trek??

COMSTACCOMSTAC::EXPORT CONTROLS EXPORT CONTROLS

WORKING GROUPWORKING GROUP

May 20, 2009

ITAR CzarITAR Czar

Unconstitutional ITARUnconstitutional ITAR

Prior Restraint on Free SpeechPrior Restraint on Free Speech Too broad, not sufficiently narrowly Too broad, not sufficiently narrowly

tailored for its purposetailored for its purpose Does not protect a significant Does not protect a significant

governmental interestgovernmental interest No hard deadlinesNo hard deadlines No expeditious judicial reviewNo expeditious judicial review