How Do United States Import and Export Laws and Treaties Govern Space Technology?

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Key Takeaways

• Federal export statutes divide space hardware oversight between State and Commerce agencies.
• Multilateral regimes and bilateral treaties enable allied satellite launches under strict security rules.
• Import permits, customs tariffs, statutory bans, and investment reviews shape domestic space supply chains.

Historical Evolution of United States Space Trade Controls

United States regulation of space-related hardware, software, and technical data rests on a legal architecture designed to balance commercial competitiveness with national security and nonproliferation obligations. From the dawn of the orbital age, launch vehicles and spacecraft shared core engineering heritage with strategic ballistic missiles and military reconnaissance platforms. Because liquid-fuel and solid-fuel rocket motors, inertial guidance systems, radiation-hardened microprocessors, and deployable spacecraft structures serve both civilian and defense missions, federal lawmakers placed space systems under strict statutory trade supervision. Analysis of foundational space policy frameworks demonstrates that trade statutes serve as a primary instrument for regulating how private companies build, launch, and operate orbital infrastructure.

During the Cold War, virtually all domestic rockets and satellites were treated as defense articles subject to military export licensing. In the early 1990s, executive branch reforms began transferring routine commercial communications satellites from the Department of State to the Department of Commerce to allow American manufacturers to compete for international telecommunications contracts. That policy shifted abruptly after three launch failures in China during the mid-1990s involving American-built commercial satellites carried aboard Long March rockets. Post-accident engineering investigations conducted by American aerospace firms and insurance underwriters raised congressional concerns that diagnostic reviews had inadvertently transferred missile design and reliability expertise to Chinese launch providers.

In response, Congress enacted the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999, which amended the Arms Export Control Act statute and returned all commercial satellites and related components to the United States Munitions List effective March 1999. For the next 15 years, every commercial satellite, down to individual bolts, star trackers, and reaction wheels, required State Department defense export authorizations. Foreign satellite operators began commissioning European manufacturers to build spacecraft free of American components, a structural market shift documented in studies of commercial launch market competition.

Recognizing the commercial cost of blanket munitions controls, Congress passed the National Defense Authorization Act for Fiscal Year 2013, which restored presidential authority to transfer non-military satellites and components back to civilian dual-use jurisdiction. Following multi-agency technical reviews described in the commercial space export guidebook, simultaneous regulatory amendments took effect in November 2014. Those reforms established the modern bifurcated system in which defense-grade space systems and rocket propulsion remain under State Department jurisdiction, and most commercial communications and remote-sensing satellites fall under Department of Commerce dual-use oversight. Subsequent executive initiatives, including federal Space Policy Directives and the October 2024 export control rulemakings, have continued refining licensing thresholds for allied space commerce.

Defense Trade Governance Under the Arms Export Control Act and ITAR

The statutory cornerstone of military and launch-related space export regulation is Section 38 of the Arms Export Control Act, codified at 22 U.S.C. 2778. The statute authorizes the President to control the export and temporary import of defense articles and defense services, an authority delegated to the Secretary of State and administered by the Directorate of Defense Trade Controls. The implementing regulations, known as the International Traffic in Arms Regulations and codified at 22 CFR Parts 120 through 130, define the compliance obligations required for ITAR compliance for space products. Any company in the United States that manufactures, exports, or brokers items on the United States Munitions List must register with the Directorate of Defense Trade Controls, even if the company never ships hardware outside the country.

Category IV Launch Vehicles and Propulsion Systems

Within the United States Munitions List, Category IV governs launch vehicles, guided missiles, ballistic missiles, rockets, torpedoes, bombs, and mines. Because space launch vehicles rely on the same high-thrust liquid and solid rocket engines, stage-separation mechanisms, thrust-vector control systems, and reentry heat shields used in intercontinental ballistic missiles, complete space launch vehicles and their primary propulsion stages remain strictly controlled under Category IV. Exporting a Category IV launch vehicle, liquid rocket engine, or flight-control computer requires an individual license or agreement, and transfers to most destinations face strict nonproliferation scrutiny.

Category XV Spacecraft and Related Articles

Category XV of the United States Munitions List covers spacecraft and associated systems that possess sensitive military, intelligence, or strategic capabilities. Following the 2014 Category XV regulatory amendments and subsequent updates outlined in the 2024 space export stakeholder briefing, Category XV acts as a positive control list. Spacecraft enumerated under Category XV include satellites that perform signals intelligence, early warning of missile launches, anti-satellite operations, man-made object tracking in orbit, and high-resolution electro-optical or synthetic aperture radar Earth observation meeting specified aperture and performance thresholds. Category XV also captures spacecraft equipped with autonomous rendezvous and proximity operations capabilities designed for defense missions, space-qualified atomic clocks of specified stability, and military global positioning receivers detailed in federal satellite navigation guidance.

The See-Through Rule and Technical Data Agreements

Two legal doctrines make defense trade rules particularly stringent for international space architectures. First, the International Traffic in Arms Regulations contain no general de minimis threshold and enforce a “see-through” rule: if a single defense-controlled microchip, valve, or sensor is bolted into a foreign-built commercial satellite, the entire foreign spacecraft becomes subject to United States retransfer licensing requirements. Second, the transfer of technical data or engineering assistance to foreign persons requires a Technical Assistance Agreement or Manufacturing License Agreement, supplemented by a Defense Technology Security Administration monitoring plan whenever American engineers participate in foreign satellite integration, launch campaigns, or anomaly failure reviews.

Commercial Dual-Use Space Regulation Under the Export Administration Regulations

Commercial spacecraft, suborbital vehicles, ground station equipment, and space components that do not meet the military sensitivity thresholds of the United States Munitions List fall under the Export Control Reform Act of 2018 and its implementing rules, the Export Administration Regulations, codified at 15 CFR Parts 730 through 774. Administered by the Bureau of Industry and Security within the Department of Commerce, the dual-use system uses the Commerce Control List to classify items by Export Control Classification Number, as explained in the aerospace dual-use export guide. Unlike defense regulations, the dual-use framework allows flexible license exceptions and applies reason-for-control matrices aligned with partner countries.

ECCN 9A515 and 9A004 Spacecraft Classifications

When commercial satellites transitioned out of the munitions list in 2014, the Bureau of Industry and Security created the “500 series” within Category 9 of the Commerce Control List to house former defense space items. Export Control Classification Number 9A515 covers most commercial communications satellites, lower-resolution Earth observation spacecraft, planetary probes, commercial spaceplanes, and specially designed parts, components, accessories, and attachments such as reaction wheels, star trackers, solar arrays, and hall-effect thrusters. Associated production equipment falls under 9B515, specialized materials under 9C515, software under 9D515, and development or production technology under 9E515.

Complementing the 500 series, Export Control Classification Number 9A004 controls space launch vehicles not captured by the munitions list, the International Space Station, commercial space stations, orbital transfer vehicles, and payloads crafted for in-space servicing, assembly, and manufacturing. In October 2024, the Bureau of Industry and Security published a spacecraft export license rule removing license requirements for qualifying 9A004 and 9A515 spacecraft components exported to Australia, Canada, and the United Kingdom, alongside separate rules modernizing controls for less sensitive components sent to more than 40 allied nations.

Deemed Exports and De Minimis Thresholds

Both the State Department and Commerce Department frameworks regulate intangible technology transfers within domestic borders. Under 15 CFR 734.13 and official Bureau of Industry and Security deemed export rules, releasing controlled source code or technical engineering data to a foreign national working inside the United States is legally “deemed” to be an export to that person’s home country. Unless the individual holds permanent resident status, United States citizenship, or protected political asylum status, a domestic aerospace firm must secure a license before allowing a foreign engineer to view controlled blueprints or inspect hardware, following federal foreign person licensing guidelines.

For foreign manufacturers integrating American commercial parts, the Export Administration Regulations provide a more predictable pathway than defense rules, with one notable exception. Although standard dual-use items benefit from a 25 percent de minimis threshold for most destinations, 15 CFR 734.4 imposes a zero de minimis rule on foreign-made spacecraft incorporating 9A515.a through 9A515.x items when destined for Country Group D:5 arms-embargoed nations, including China and Russia.

Multilateral Nonproliferation Frameworks and International Space Treaties

Domestic space trade statutes do not operate in isolation; they implement the international treaty commitments and multilateral nonproliferation understandings of the United States. At the foundation of public international space law sits the 1967 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies. Under Article VI of the Outer Space Treaty, signatory states bear international responsibility for national activities in outer space, whether carried on by governmental agencies or by non-governmental corporate entities, and must assure authorization and continuing supervision. As outlined in United Nations space treaty compendia and contemporary hierarchical space governance models, export licensing serves as one of the primary legal mechanisms through which the United States fulfills its Article VI duty to supervise private spacecraft exported for foreign launch or transfer of orbital ownership.

The Missile Technology Control Regime

The most consequential multilateral arrangement shaping rocket and launch vehicle trade is the Missile Technology Control Regime, established in 1987 and comprising 35 partner countries. Described in State Department MTCR policy guidance, the regime seeks to prevent the proliferation of unmanned delivery systems capable of delivering weapons of mass destruction. Its technical scope is defined in the MTCR Equipment and Technology Annex, which divides controlled items into two tiers.

Category I of the annex encompasses complete rocket systems, including space launch vehicles and sounding rockets, as well as unmanned aerial vehicles capable of delivering at least a 500-kilogram payload to a range of at least 300 kilometers, along with their complete rocket stages, solid or liquid propellant rocket engines, guidance sets, and reentry vehicles. Under the regime guidelines and Section 74 of the Arms Export Control Act, exports of Category I items and their production facilities carry a strong presumption of denial. Category II of the annex covers dual-use propellants, structural composites, propellant tanks, turbo-pumps, flight controllers, and test benches, which are licensed on a case-by-case basis.

The Wassenaar Arrangement

Whereas the Missile Technology Control Regime focuses on delivery systems, the Wassenaar Arrangement on Export Controls governs conventional arms and dual-use industrial goods across 42 participating states. As detailed in State Department multilateral regime summaries, the Wassenaar Arrangement maintains two primary control lists: the Munitions List and the List of Dual-Use Goods and Technologies. Category 9 of the Wassenaar Dual-Use List directly shapes the parameters of Export Control Classification Number 9A004, establishing harmonized technical thresholds for space-qualified focal plane arrays, optical mirrors, laser communication terminals, radiation-hardened integrated circuits, and acoustic vibration test chambers.

Bilateral Technology Safeguards Agreements and Allied Trade Exemptions

When an American spacecraft manufacturer or satellite operator books a launch aboard a foreign rocket or conducts orbital launches from a foreign spaceport using an American launch vehicle, export licenses alone are insufficient to authorize the mission. Because shipping a satellite or rocket overseas exposes sensitive hardware and telemetry systems to foreign customs inspectors, range safety officers, and ground crews, the United States requires a legally binding bilateral treaty or executive agreement known as a Technology Safeguards Agreement before issuing launch export licenses.

Structure and Operation of Technology Safeguards Agreements

A Technology Safeguards Agreement establishes sovereign legal protections over American space hardware while it sits on foreign soil. Under these treaties, the host government guarantees that United States personnel will retain uninterrupted 24-hour physical custody and access control over segregated satellite processing cleanrooms and launch pad enclosures. Host nation customs and border officials waive their right to open or x-ray sealed spacecraft transport containers, and no technical data regarding the launch vehicle or spacecraft interface may be transferred to unauthorized local entities. If a launch fails on the pad or in flight, the treaty grants American recovery teams exclusive rights to collect, inspect, and repatriate spacecraft debris without foreign forensic interference.

In recent years, the Department of State has expanded its network of bilateral launch treaties to support commercial spaceports among close partners. Active agreements include the United Kingdom spaceflight safeguards treaty concluded in 2021, the New Zealand bilateral launch treaty supporting orbital operations from Mahia Peninsula, the United States-Australia Technology Safeguards Agreement signed in October 2023 and brought into force in July 2024, the United States-Norway Technology Safeguards Agreement signed in January 2025 for launches from Andoya Spaceport, and the United States-Sweden Technology Safeguards Agreement concluded in June 2025 to enable orbital launches from Esrange Space Center.

Canadian, British, and Australian Defense Trade Exemptions

Alongside launch-specific treaties, the International Traffic in Arms Regulations contain country-specific exemptions that reduce friction for allied industrial collaboration. The Canadian Exemption at 22 CFR 126.5 permits the license-free export of certain unclassified defense articles and technical data to registered Canadian recipients, though Category IV launch vehicles and complete Category XV spacecraft remain excluded from unconditional license-free transfer. More recently, pursuant to Section 38(l) of the Arms Export Control Act and the trilateral security partnership between Australia, the United Kingdom, and the United States, the Department of State implemented the AUKUS defense trade exemption at 22 CFR 126.7 in 2024, eliminating thousands of individual license requirements for authorized defense and space industrial base communities across the three nations.

Permanent and Temporary Import Controls on Space Hardware and Propulsion

Space trade compliance extends in both directions across the border. American launch providers and satellite integrators frequently source specialized propulsion valves, composite overwrapped pressure vessels, optical payloads, and avionics from foreign suppliers, or bring foreign customer satellites into the United States for environmental testing and integration onto domestic launch vehicles. Federal law divides jurisdiction over defense-related space imports between the Department of Justice and the Department of State depending on whether the hardware enters the country permanently or temporarily.

The United States Munitions Import List and ATF Form 6

Under Executive Order 13637, the President delegated authority under Section 38 of the Arms Export Control Act over the permanent importation of defense articles to the Attorney General. That authority is administered by the Bureau of Alcohol, Tobacco, Firearms and Explosives under 27 CFR Part 447 regulations, which establish the United States Munitions Import List. Although the import list is narrower than the export munitions list, 27 CFR Section 447.21 explicitly includes Category IV, covering launch vehicles, guided missiles, ballistic missiles, rockets, and associated explosive propellants and warhead components, as well as Category VI through Category XXI military items.

Any domestic enterprise seeking to permanently import foreign rocket motors, liquid engine turbopumps, or launch vehicle stages covered by Category IV of the United States Munitions Import List must register with the Bureau of Alcohol, Tobacco, Firearms and Explosives as a munitions importer using Form 4587 and obtain an approved ATF Form 6 import permit prior to shipment. Importing controlled rocket hardware without an approved Form 6 permit can result in immediate seizure and forfeiture by customs authorities at the port of entry.

Temporary Imports Under State Department Jurisdiction

When foreign-built defense articles, military satellites, or Category IV rocket components enter the United States temporarily – such as when a foreign satellite arrives at Cape Canaveral or Vandenberg Space Force Base to be mated to an American launch vehicle and launched into orbit, or enters a domestic facility for thermal-vacuum testing and subsequent return abroad – jurisdiction remains with the Department of State. Under 22 CFR Part 123, temporary imports of United States Munitions List items require a DSP-61 temporary import license from the Directorate of Defense Trade Controls unless a specific regulatory exemption applies, such as those covering temporary imports of unclassified hardware for repair, overhaul, or incorporation into a licensed export.

Customs Classification, Tariff Regimes, and Aerospace Supply Chain Compliance

Every physical shipment of spacecraft, launch vehicle subassemblies, ground antennas, or test equipment entering the United States must clear formal entry procedures administered by United States Customs and Border Protection under Title 19 of the Code of Federal Regulations. Regardless of whether an item is regulated under defense rules, dual-use controls, or general commercial commerce, the importer of record bears legal responsibility for exercising “reasonable care” in declaring the correct tariff classification, customs valuation, and country of origin. Managing these overlapping requirements has become a central discipline across globalized space supply chains and federal programs such as Artemis supply chain management.

Harmonized Tariff Schedule Chapter 88 and Duty Treatment

Physical space hardware is classified primarily under Harmonized Tariff Schedule Chapter 88, titled “Aircraft, Spacecraft, and Parts Thereof,” published by the United States International Trade Commission. Subheading HTSUS 8802.60 specifically covers “Spacecraft (including satellites) and suborbital and spacecraft launch vehicles,” with separate statistical suffixes distinguishing communications satellites, military spacecraft, and launch vehicles. Parts of spacecraft and launch vehicles are classified under heading 8807, and ground-based flight simulators and launch gear fall under HTSUS 8805.10.

Although many civil aircraft components enjoy duty-free entry under the World Trade Organization Agreement on Trade in Civil Aircraft, suborbital and orbital spacecraft and launch vehicles are generally excluded from that civil aircraft duty waiver. Consequently, commercial importers of foreign satellite subsystems frequently rely on Temporary Importation under Bond entries (HTSUS Chapter 98, Subchapter XIII) when bringing foreign spacecraft or customer payloads into the United States exclusively for integration and launch into outer space. Furthermore, customs rulings have long established that the launch of a foreign satellite from a United States spaceport into orbit does not constitute a dutiable domestic consumption entry if the hardware is properly entered for exportation or temporary launch processing.

Trade Remedy Tariffs and Origin Marking

Space hardware importers must also navigate trade remedy duties imposed under Section 301 of the Trade Act of 1974 and Section 232 of the Trade Expansion Act of 1962. Aerospace-grade aluminum, titanium forgings, rare-earth permanent magnets for electric propulsion, printed circuit assemblies, and solar cell wafers originating in China face additional ad valorem tariffs under Section 301 lists, alongside strict country-of-origin marking rules under 19 U.S.C. 1304 and supply chain forced-labor screening requirements.

Statutory Restrictions, Sanctions Enforcement, and Foreign Investment Screening

Beyond traditional licensing and customs clearance, Congress and the executive branch enforce targeted statutory prohibitions, economic sanctions, and national security investment screens that restrict who may participate in the American space sector. These measures prevent strategic competitors and sanctioned entities from acquiring sensitive space capabilities through joint research, corporate acquisitions, or financial investments.

The Wolf Amendment and Bilateral Restrictions

Since 2011, annual Commerce, Justice, Science, and Related Agencies appropriations acts have included a statutory provision known as the Wolf Amendment, authored by former Representative Frank Wolf. As examined in bilateral space restriction origins and detailed legal analyses of statutory NASA collaboration restrictions, the law prohibits the National Aeronautics and Space Administration, the Office of Science and Technology Policy, and the National Space Council from using federal funds to develop, design, plan, promulgate, implement, or execute a bilateral policy, program, order, or contract of any kind to participate, collaborate, or coordinate bilaterally in any way with China or any Chinese-owned company.

The statute also bars these agencies from hosting official Chinese visitors at agency facilities unless the activity is specifically authorized by a subsequent law or unless the agency administrator and the Federal Bureau of Investigation certify to Congress at least 30 days in advance that the collaboration poses no risk of transferring technology, data, or other information with national security or economic security implications, a process scrutinized in recent congressional Wolf Amendment oversight letters. Ongoing policy discussions regarding debates over Chinese space cooperation highlight how this appropriations rider complements strict munitions embargoes under 22 CFR 126.1.

CFIUS Investment Screening and OFAC Sanctions

Foreign capital flowing into American space startups is regulated by the Committee on Foreign Investment in the United States, an interagency body chaired by the Secretary of the Treasury and governed by Section 721 of the Defense Production Act as modernized by the Foreign Investment Risk Review Modernization Act of 2018. Under Treasury CFIUS regulations at 31 CFR Part 800 and the FIRRMA implementing rules fact sheet, the committee has jurisdiction to review non-controlling foreign investments in domestic businesses involved with foundational technology, infrastructure, or sensitive data, commonly referred to as “TID U.S. businesses.” Under 31 CFR 800.401 and the CFIUS mandatory declaration rules, parties must file a mandatory pre-closing declaration whenever a foreign transaction involves a domestic company that produces, designs, tests, manufactures, fabricates, or develops space items that would require a State Department munitions license or specified Commerce Department dual-use authorizations for export to the foreign investor’s home country. Simultaneously, the Office of Foreign Assets Control enforces comprehensive territorial and list-based financial sanctions that prohibit unlicensed commercial satellite services, launch brokerage, or component procurement involving designated foreign entities.

Summary

The legal regime governing space technology imports and exports in the United States operates as an interlocking grid of defense statutes, dual-use regulations, multilateral nonproliferation frameworks, bilateral launch treaties, customs codes, and national security screening mechanisms. By separating military launch vehicles and reconnaissance satellites under the International Traffic in Arms Regulations from commercial spacecraft and subsystems under the Export Administration Regulations, federal policymakers seek to safeguard strategic missile and orbital capabilities without isolating domestic manufacturers from global markets. Recent regulatory modernizations – including license exemptions for Australia, Canada, and the United Kingdom and the expansion of bilateral Technology Safeguards Agreements across European and Indo-Pacific spaceports – demonstrate a concerted shift toward integrated allied space supply chains paired with strict barriers against unauthorized technology transfer to strategic competitors.

Appendix: Useful Books Available on Amazon

• Space Law: A Treatise
• Routledge Handbook of Space Law
• Handbook of Space Law
• An Introduction to Space Law
• Who Owns Outer Space?: International Law, Astrophysics, and the Sustainable Development of Space
• The Politics of Space Security: Strategic Restraint and the Pursuit of National Interests

Appendix: Top Questions Answered in This Article

What Is the Difference Between ITAR and EAR for Space Hardware?

The International Traffic in Arms Regulations, administered by the Department of State, govern defense-grade spacecraft, launch vehicles, and military satellite subsystems listed on the United States Munitions List. By contrast, the Export Administration Regulations, administered by the Department of Commerce, govern commercial communications satellites, lower-sensitivity remote-sensing spacecraft, and dual-use aerospace components listed on the Commerce Control List.

Why Are Space Launch Vehicles Regulated Under Munitions Controls?

Space launch vehicles share core propulsion, guidance, staging, and thermal-protection technologies with strategic ballistic missiles capable of delivering weapons of mass destruction. Because of this engineering overlap, the United States regulates complete rockets, liquid and solid rocket engines, and stage-separation mechanisms under Category IV of the United States Munitions List and the Missile Technology Control Regime.

What Is the ITAR See-Through Rule for Foreign Satellites?

The see-through rule provides that a defense article controlled on the United States Munitions List does not lose its regulatory identity when integrated into a larger foreign-built system. If a foreign satellite manufacturer incorporates even a single ITAR-controlled component into a spacecraft, the entire foreign satellite requires State Department authorization before any reexport or retransfer.

What Constitutes a Deemed Export in the Domestic Space Industry?

A deemed export occurs when a company or university inside the United States releases controlled technical data, blueprints, or source code to a foreign national who is not a lawful permanent resident or protected person. Legally, the disclosure is treated as an export of that technology to the foreign national’s home country and requires prior authorization if a physical export would require a license.

How Does the Missile Technology Control Regime Classify Rocket Systems?

The Missile Technology Control Regime divides controlled items into Category I and Category II on its Equipment and Technology Annex. Category I covers complete rocket systems and unmanned aerial vehicles capable of carrying a 500-kilogram payload at least 300 kilometers, along with major stages and engines, which face a strong presumption of export denial.

Why Do Foreign Launches of American Satellites Require a Technology Safeguards Agreement?

A Technology Safeguards Agreement is a legally binding bilateral treaty between the United States and a host launch country that protects sensitive American spacecraft and launch vehicles on foreign territory. It mandates 24-hour American physical custody of hardware, prohibits foreign customs inspections of sealed spacecraft containers, and secures exclusive American recovery rights in the event of a launch failure.

Which Federal Agencies Regulate the Import of Foreign Rocket and Space Hardware?

Jurisdiction over defense-related space imports depends on whether the entry is permanent or temporary. The Bureau of Alcohol, Tobacco, Firearms and Explosives within the Department of Justice regulates permanent imports of Category IV rockets and propulsion items via ATF Form 6 permits, and the Department of State regulates temporary imports under DSP-61 licenses.

How Are Imported Satellites and Launch Vehicles Classified Under United States Customs Law?

Physical spacecraft and launch vehicles entering the United States fall under Chapter 88 of the Harmonized Tariff Schedule of the United States, specifically subheading 8802.60. Foreign satellites brought into the country solely for integration and launch into orbit often enter under Temporary Importation under Bond procedures to avoid standard customs duties.

What Does the Wolf Amendment Prohibit in Space Cooperation?

Enacted annually in federal appropriations bills since 2011, the Wolf Amendment prohibits the National Aeronautics and Space Administration and the Office of Science and Technology Policy from using federal funds for bilateral cooperation with the Chinese government or Chinese-owned companies. Any exception requires advance Federal Bureau of Investigation security certification and congressional notification.

When Does a Foreign Investment in an American Space Company Require a CFIUS Filing?

Under the Foreign Investment Risk Review Modernization Act of 2018, a mandatory declaration to the Committee on Foreign Investment in the United States is required when a foreign transaction involves an American space business that develops or manufactures technologies that would require an export license to the foreign investor’s home country. This rule prevents unauthorized technology transfers through corporate equity investments.

Appendix: Glossary of Key Terms

Arms Export Control Act

The federal statute codified at 22 U.S.C. 2778 that authorizes the President of the United States to control the export and import of defense articles and defense services in furtherance of national security, foreign policy, and international nonproliferation objectives.

International Traffic in Arms Regulations

The set of federal regulations codified at 22 CFR Parts 120 through 130 and administered by the Department of State Directorate of Defense Trade Controls that implement the Arms Export Control Act and govern items on the United States Munitions List.

United States Munitions List

The regulatory catalog within Part 121 of the International Traffic in Arms Regulations that designates specific defense articles, technical data, and defense services, including Category IV launch vehicles and Category XV military and sensitive spacecraft.

Export Control Reform Act

The permanent statutory authority enacted by Congress in 2018 and codified at 50 U.S.C. 4801 et seq. that empowers the Department of Commerce to regulate the export, reexport, and in-country transfer of commercial dual-use items and less sensitive military commodities.

Export Administration Regulations

The regulations codified at 15 CFR Parts 730 through 774 and administered by the Bureau of Industry and Security that govern dual-use commercial commodities, software, and technology, including commercial spacecraft and components classified on the Commerce Control List.

Commerce Control List

The alphanumeric classification index within Part 774 of the Export Administration Regulations that organizes controlled dual-use items into 10 categories and five product groups, including Export Control Classification Numbers 9A515 and 9A004 for commercial space systems.

Deemed Export

The release or transfer of controlled technical data, engineering blueprints, or source code within the territorial borders of the United States to a foreign national, which federal export law treats as an export to that individual’s country of nationality.

Missile Technology Control Regime

An informal multilateral political understanding established in 1987 among 35 partner countries that coordinates national export licensing policies to prevent the proliferation of unmanned rocket and aerial delivery systems capable of carrying weapons of mass destruction.

Wassenaar Arrangement

A multilateral export control regime founded in 1996 with 42 participating states that promotes transparency and harmonized national controls on transfers of conventional weapons and dual-use industrial goods, including space-qualified sensors and electronics.

Technology Safeguards Agreement

A legally binding bilateral treaty between the United States and a foreign government that establishes physical security, customs inspection exemptions, debris recovery rights, and non-transfer rules when American spacecraft or rockets launch from foreign territory.

United States Munitions Import List

The regulatory list codified at 27 CFR 447.21 and administered by the Bureau of Alcohol, Tobacco, Firearms and Explosives that specifies defense articles, including Category IV rockets and launch vehicles, requiring federal permits for permanent importation.

Wolf Amendment

A recurring statutory restriction first enacted in the Fiscal Year 2011 federal appropriations law that bars the National Aeronautics and Space Administration and the Office of Science and Technology Policy from conducting unauthorized bilateral activities with Chinese state entities.

Committee on Foreign Investment in the United States

An interagency federal committee chaired by the Secretary of the Treasury that reviews foreign acquisitions and non-controlling investments in American businesses to mitigate national security risks involving defense, space, and dual-use technologies.