Spacing Out: BIS Issues Report On Export Controls And The Space Industrial Base

In February 2014, the U.S. Department of Commerce's Bureau of Industry and Security ("BIS") published a report ("Report") detailing the impact of export controls on the U.S. space industry.  Titled the "U.S. Space Industry 'Deep Dive' Assessment," the Report addresses how U.S. export controls affect the space industrial supply chain.

Background

BIS administers the Export Administration Regulations (the "EAR"), which govern the export of commercial or so-called "dual use" items.  The review BIS undertook encompassed the implications to the U.S. space industry of current controls under the EAR and, especially, the International Traffic in Arms Regulations (the "ITAR").  The ITAR are the regulations that govern exports of defense articles and technical data, and are administered by the U.S. State Department.  The ITAR are particularly relevant to the U.S. space industry – as described further below – because the ITAR control exports of items specifically designed,