Essentially, the termination of the RAMOS program came as a consequence of the fundamentally new political situation that materialized after the United States had decided to withdraw from the Antiballistic Missile Treaty and expedite the development of the National Missile Defense system and its space component. Space-based nuclear power could be an important and promising aspect of the U.
The cooperation could be geared toward the joint development of nuclear power generation, as well as nuclear propulsion systems and spacecraft that use such systems. It seems that cooperation in this field will be most instrumental for boosting the collaborative spirit and mutual understanding in the area of nuclear nonproliferation.
It was funded from the U. The TOPAZ system was not completed because of insufficient funding and, most importantly, as a result of the absence of clear plans, on the part of the United States, to launch space missions which would require nuclear propulsion. At the same time, the TOPAZ Evaluation Commission noted the need to reorient the program and recommended that it be continued on a long-term basis. That, the commission argued, would take advantage of mergers of mutually beneficial U. In the United States, the efforts to develop new nuclear power generation systems for space use resumed in within the framework of the Nuclear System Initiative.
In , this program was supplemented by the development of a spacecraft with a nuclear propulsion system. The spacecraft was to explore three moons of Jupiter: Callisto, Ganymede, and Europa. The program was dubbed Prometheus; the project of designing interplanetary station JIMO was started within its framework. One could venture an assumption that this has to do with national security interests because high-power nuclear propulsion may be effectively used in space surveillance systems, including those supporting the ballistic missile defense system.
Many years of U. The logistical organization of such projects can vary and may include joint venture formation. The joint work of project managers and their large teams, the purpose of which is the achievement of a common objective, is most helpful in fostering mutual understanding and uprooting mutual mistrust. Strengthening U. National Academies and the Russian Academy of Sciences to identify methods of improving the ongoing cooperation between the two nations in this area. The report finds that the best way to realize the enormous potential of the U. It recommends that the U.
It suggests that the Senior Interagency Group that was recently established by the two presidents be empowered to carry out this strategic plan. The report then examines three issue areas, making specific recommendations in each: law and taxation, program organization and management, and scientific and technical cooperation.
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Space export control reform: the different schools of thought and a proposed way forward
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Page 87 Share Cite. The regulation methods include Identification of items and technologies subject to control, i. When conducting space-related activities The Russian party has the right to attract nonbudget sources of funding, including personal savings; Organizations and private citizens participating in implementation of space-related projects may be entitled to significant guarantees and benefits by the government; Foreign investment in space activities associated with the execution of federal space programs may be guaranteed through the federal budget funds and federal property; Foreign investment in space activities into space-related activities conducted by Russian entities and nationals may be guaranteed through the assets of those entities and nationals or through intellectual or other property; Russia ensures protection of technologies and commercial secrets that belong to foreign entities and nationals engaged in space-related activities on territory under its jurisdiction; Foreign entities and nationals conducting space-related.
Page 88 Share Cite. Page 89 Share Cite. Still, some progress has been made: Russian Government Resolution No. The support may be provided through Government guarantees for international loans taken to implement such projects and Exemption from the value-added tax, duties, and other customs fees on foreign components, elements, and other units intended for a limited-number production of various Russian spacecraft needs to upgrade its orbital constellation or to ensure its extended active existence in orbit.
Page 90 Share Cite. Page 86 Share Cite. Login or Register to save! So, this view does have some support in current national strategy ranging across two administrations, both Republican and Democratic. Finally, this view takes it to the next level and promotes a brand new system that is not based on Cold War theories of deterrence and superpower rivalries but instead on partnerships and alliances across the world. By contrast, the second view seeks to protect everything and require a rigid licensing and monitoring framework to protect the release of anything space related to anyone desiring said technologies.
This view came about after the Loral satellite incident involving China in the late s. The Cox Commission and the Congress found errors and lapses in control of US technology transfers regarding missiles and, as a result, the Congress decided to roll everything over to the USML using very vague and broad language:. The problem with this view is that, while good intentioned, it created a new problem, the creation of new space markets around the world to compete with the United States. Whereas before the United States was the leader in the space market for manufacturing commercial spacecraft, now nations like India, China, and Europe were picking up on the new burdensome ITAR process and profiting from it.
This led to a decrease in the reliance of other allied nations on US spacecraft, launch vehicles, and other components and further facilitated the shrinking of the US space industrial base as well as the lower tier supplier base. While companies complain that it hurt their business, research has shown that it is not so much the ITAR protections themselves that have hurt American space business but rather the process, procedures, and regulatory frameworks that cost companies money.
The money that could be better spent in research, development, and other technology-advancing endeavors is wasted by paying for lawyers and other experts to wade through the bureaucratic red tape to acquire the necessary licenses. The third idea lies at the halfway point, if you will, between the first two. This would allow some critical technologies to still be protected under the USML while more common components to fall under a more permissive system.
The goal of this approach is to regain lost ground in the space marketplace. For example, college professors have been prosecuted for breaches of the AECA as a result of access to USML items by foreign graduate students  and companies have been penalized for alleged breaches of the AECA for failing to properly remove USML items from material used to market defense articles.
Government has also taken action albeit unsuccessfully for the export of technical data that was allegedly already publicly available on the Internet. Government enforcement activities have increased dramatically since ,  when the U. Department of State took over export regulations for satellites. Department of State has published 29 instances of Consent Agreements agreements entered into by parties charged with breaches of ITAR since ITAR's impact of increased regulations also meant America's worldwide market share in satellite technology declined from 83 percent to 50 percent in , states The Economist , which cited a report from Space Review.
Defense articles can be broken down into two categories: a physical items often referred to as "commodities" and b technical data. The USML is broken down into the following categories:. Technical data directly related to the manufacture or production of any defense articles described elsewhere in this category that are designated as Significant Military Equipment SME shall itself be designated SME.
This includes information in the form of blueprints, drawings, photographs, plans, instructions or documentation. Munitions List and series items controlled by the Commerce Control List;.
All U. Department of State. Registration is primarily a means to provide the U. Government with necessary information on who is involved in certain manufacturing and exporting activities. Registration does not confer any export rights or privileges, but is a precondition for the issuance of any license or other approval for export.
Department of State before the export can take place. A foreign person is any person who is not a lawful permanent resident of the U. ITAR also operates to prohibit the "Retransfer" also called "Re-export" of items on the USML by foreign persons unless the Retransfer is specifically authorized under the relevant export authorization. The prohibition on Retransfer stems from the requirement for all export authorizations to include the statement that "[t]he technical data or defense service exported from the United States in furtherance of this agreement and any defense article which may be produced or manufactured from such technical data or defense service may not be transferred to a person in a third country or to a national of a third country except as specifically authorized in this agreement unless the prior written approval of the Department of State has been obtained.
This means that if, for example, a foreign person wants to Retransfer a USML item to another foreign person such as a subcontractor , both foreign persons must be authorized under the relevant export authorization:.
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Where a foreign person requires access to USML items exported under a specific export authorization, but that foreign person is not authorized under the export authorization, the export authorization must be amended and re-approved by the U. It does not authorize export to the employee's country of Dual or Third Nationality. This can cause significant problems for foreign governments and organizations from countries with large first generation immigrant populations which is discussed in more detail under "Controversy".
Government and the Australian Government have drawn attention to the importance for U. Department of State for approval.
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Clauses approved by the U. Government has substantially increased action against organizations and individuals responsible for breaches of ITAR since In most cases, penalties against corporate entities involve a mandatory compliance component requiring the entity to spend funds on compliance measures, including the appointment of "Internal Special Compliance Officers". In serious cases, a party may be debarred from future exporting for a period of time. Government policy also imposes a positive obligation on U. Government will also take action against individuals responsible for breaches of ITAR and such action can involve criminal penalties.
Actions are often initiated by U. Immigrations and Customs Enforcement and include:. Since , the U. Government has also operated the "Blue Lantern" end-use monitoring program. Where appropriate, parties involved in unfavorable Blue Lantern cases may be subject to civil enforcement actions or referred to law enforcement for criminal investigation. Because failure to implement an effective export compliance program can be an exacerbating factor in the event of a breach of ITAR,  the U.
Government encourages U. Government may also require U. It is notable that the failure of overseas companies to implement ITAR compliance programs has been criticized by the U.
Companies in U. While political debate over the wisdom of placing all satellite and launch technology on the US Munitions List USML has been ongoing since the advent of ITAR regulation in , there has been a shift in political opinion since In late , the US Congress passed the defense authorization bill which, if signed into law, will allow U.
Munitions List USML and allows him to decide which satellite technologies are the most important to protect. The political changes in came after several years of a gradual shift in thinking.
U.S.-India High Technology Cooperation Group
In , the Congress formally requested "an assessment of the national security risks of removing satellites and components from the USML. The study, known as the report , was completed in April There is an open debate between the Department of State and the industries and academia regulated by ITAR concerning how harmful the regulatory restrictions are for U. Higher education institutions argue that ITAR prevents the best international students from studying and contributing in the United States, and prevents cooperation on certain types of international scientific projects.
Where the definition of "defense service" includes "the furnishing of assistance including training to foreign persons, whether in the United States or abroad in the design, development, engineering, manufacture, production, assembly, testing, repair, maintenance, modification, operation, demilitarization, destruction, processing or use of defense articles.
The ITAR specifies that the products of "fundamental research" are not considered controlled "technical data," so long as they are published freely. Fundamental research is defined as university-based "basic and applied research in science and engineering where the resulting information is ordinarily published and shared broadly within the scientific community, as distinguished from research the results of which are restricted for proprietary reasons or specific U. Government access and dissemination controls. Research that does not meet the criteria of "fundamental research" cannot involve foreign persons without export licenses; however, research activities that are considered fundamental typically can involve foreign persons, even when they involve the design and construction of defense articles, as the US State Department has deemed such research activities to fall outside of the purview of training activities that would constitute the illegal export of a "defense service.
These measures can vary widely; for example, MIT states that "the intent of the ITAR is that research conducted on campus, without restrictions on publication or participation, is fundamental research from inception to publication as long as the intent is to publish the results,"  while Stanford University maintains a more nuanced and restrictive approach to research involving defense articles. University interpretation and up-to-date understanding of export control regulations and willingness to seek opinions from the U.
State Department affect the research that can be conducted on their campuses; for example, the University of Michigan successfully obtained an opinion from the Department of State stating that satellite development work on an at the time ITAR-controlled satellite being conducted by a student group containing both U. The Department of State insists that ITAR has limited effect and provides a security benefit to the nation that outweighs any impact that these sectors must bear.
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They also view the announcements of "ITAR-free" items as anecdotal and not systemic. There is evidence that ITAR considerations have been a factor in decisions by foreign governments to avoid U. Department of State charges back fees to manufacturers who have failed to register previously. Department of State-industry advisory group, the Defense Trade Advisory Group, that charging back fees discourages some manufacturers from registration.
Restrictions on Retransfer of USML items can also cause difficulties where those items have been incorporated into a product manufactured by a foreign person. If the foreign person wants to Retransfer the product to another foreign person, it must obtain authorization from the U. Government before the Retransfer can take place. It is open to the U. As a consequence of the blocking of these sales, Venezuela has subsequently purchased aircraft and other military hardware from Russia and Belarus.
The restrictions on access to USML items by Dual and Third Country National employees of a foreign person can cause significant difficulties because the current accepted definitions of Dual and Third Country Nationals do not reflect the definition of "US persons". Government will take country of origin  and continued ties or allegiance to a country into account when determining Dual or Third Country Nationality.
This means that a person who was born in the UK but is a U. If, however, the same person emigrated to Canada, obtained Canadian citizenship and commenced employment with a Canadian company, she would be treated as a Canadian-UK Dual National for the purposes of any U.