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  • Product: ONESOURCE Global Trade

BIS issues interim final rule on space-related exports

Date of publication: October 28, 2024

Overview

The Bureau of Industry and Security (BIS) has issued an interim final rule (IFR) revising the Export Administration Regulations (EAR) to update controls on spacecraft and related items. These changes aim to reduce license requirements for less sensitive items, reflecting close relations with certain countries, and to refine and clarify existing controls. The Interim Final Rule will remove the license requirements for certain spacecraft components to more than 40 allies and partners worldwide, reduce the license requirement on less sensitive items and broaden license exceptions to support additional National Aeronautics and Space Administration cooperative programs. The goal is to enhance the competitiveness of the U.S. space industry while protecting national security and foreign policy interests.

Key changes

  1. Reduction In license requirements
    • ECCN 9A515
      : License requirements for less sensitive items (9A515.x) have been reduced from NS1 and RS1 to NS2 and RS2. This change aims to facilitate exports to U.S. allies and partners while maintaining national security.
    • ECCN 9A004
      : Similar reductions in license requirements from NS1 to NS2 for items like 9A004.s, v, and, x.
  2. Addition of new items
    • ECCN 9A515 and 9A004
      : New. y items have been added to these ECCNs to reflect less sensitive parts and components that warrant lower-level controls. This includes items like public address systems, spacecraft crew facilities, and environmental control systems.
  3. Clarifications and refinements
    • ECCN 9A004
      : Clarifications on the relationship between ECCN 9A004 and 9A515, including the addition of new items like in-space habitats (9A004.r) and their parts (9A004.s).
    • ECCN 9A515
      : Clarifications on the control of baseband units (BBUs) and the addition of new items under 9A515.w for parts that still require higher-level controls.
  4. Exclusions and specific controls
    • ECCN 9D515 and 9E515
      : New exclusions for less sensitive software and technology (9D515.x and 9E515.x) with corresponding license requirements adjusted to NS2 and RS2.
    • ECCN 9A604
      : Removal of overlapping controls on thermal batteries to clarify jurisdiction between the USML and CCL.
  5. Miscellaneous updates
    • Standards-Related Activities
      : Specific software and technology related to standards activities have been excluded from certain license requirements to promote U.S. participation in international standards development.
    • Launch Platforms in International Waters
      : Clarification that shipments to launch platforms in international waters are treated as exports to the country controlling the platform.

Comments and feedback

BIS welcomes public comments on these changes. Comments can be submitted via the Federal rulemaking portal at www.regulations.gov using ID BIS-2024-0031. The deadline for submissions is November 22, 2024.

Conclusion

These regulatory changes are designed to streamline export controls for space-related items, enhancing collaboration with key allies while maintaining stringent security measures. Please refer to the full text of the interim final rule for more details.
For more information on how ONESOURCE Global Trade solutions can assist you in managing sanctions and export controls, please contact your Account Manager or Client Services Manager.