Export Control for Satellites: ITAR and EAR Explained for Launch Customers

When a satellite crosses a border, or when technical information about it is shared with a foreign team, export control law applies. For anyone launching on a U.S. rocket, buying U.S. components or working with U.S. partners, two sets of rules matter most: the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR). This guide explains how they apply to satellites, what counts as an export, and how export control affects launch logistics. It is general information based on the published regulations, not legal advice. Classification of a specific satellite should always be checked with export control specialists.

ITAR and EAR at a glance

ITAR is administered by the U.S. Department of State, through its Directorate of Defense Trade Controls. It covers defense articles listed on the U.S. Munitions List (USML).
EAR is administered by the U.S. Department of Commerce. It covers commercial and dual-use items listed on the Commerce Control List (CCL).

SpaceX's Rideshare Payload User's Guide names both. It states that providing items, information and services under a launch agreement to any foreign person is subject to U.S. export control laws, including ITAR and EAR.

Which satellites fall under ITAR?

USML Category XV, "Spacecraft and Related Articles", lists the spacecraft that are subject to ITAR. Paragraph (a) covers spacecraft "whether designated developmental, experimental, research, or scientific, or having a commercial, civil, or military end-use" that have specific capabilities. Examples from the list include spacecraft that:

are specially designed to detect nuclear detonations or mitigate their effects,
autonomously detect and track moving ground, airborne, missile or space objects in real time,
conduct signals intelligence or measurement and signatures intelligence,
are anti-satellite systems or carry space-to-ground weapons,
have electro-optical remote sensing above defined thresholds, for example visible and near infrared or infrared sensors with fewer than 40 spectral bands and a clear aperture greater than 0.50 m.

The full list is longer and very technical. The key point is that the classification depends on capabilities, not on whether the operator is a company, a university or a government.

Which satellites fall under the EAR?

The USML itself sets the order: for controls on spacecraft, see Category XV and, if a spacecraft is not described there, ECCN 9A515 on the Commerce Control List, titled "Spacecraft and related commodities". The EAR lists national security, regional stability, missile technology and anti-terrorism as reasons for control in this entry. A note in the regulation states that certain spacecraft in 9A515.a and .g require a license for export to all destinations except Australia, Canada and the United Kingdom. Other parts of 9A515 follow the Commerce Country Chart, so the requirements depend on the destination.

Related entries also matter. The CCL notes that USML Category IV covers space launch vehicles and Category XV covers other spacecraft subject to ITAR, while ECCN 9A004 lists space items in line with the Wassenaar Arrangement but points to 9A515 for the actual controls.

What counts as an export?

Many teams think of export only as shipping hardware abroad. ITAR's definition in 22 CFR 120.50 is broader. An export includes, among other things:

an actual shipment or transmission out of the United States,
releasing or transferring technical data to a foreign person inside the United States, known as a deemed export,
transferring registration, control or ownership of a satellite subject to ITAR from a U.S. person to a foreign person,
performing a defense service on behalf of, or for the benefit of, a foreign person, in the United States or abroad.

For launch logistics this means that emails, drawings, analyses and meetings can be exports, not only the satellite itself.

Technical Assistance Agreements

Launch integration involves exchanging technical data and services between the launch provider and the customer. Under 22 CFR 124.1, approval from the Directorate of Defense Trade Controls is required before defense services are furnished, and such approvals typically take the form of agreements such as technical assistance agreements (TAAs). An agreement may not enter into force without prior written approval. SpaceX's rideshare deliverables include a TAA questionnaire for customers who need one, or an export compliance agreement between U.S. parties.

How export control affects your launch

Schedule

Export approvals take time and must be in place before the technical exchange they cover. Plan them in parallel with the launch service agreement, not after it.

Contract risk

SpaceX's guide states that if SpaceX reasonably determines that a required license cannot be obtained within a reasonable time, it reserves the right to rebook the customer with rebooking fees, or to terminate the agreement and return all amounts paid without interest and with no further liability.

Shipping and customs

The customer must comply with U.S. export and import control laws for the payload, any customer-provided hardware including ground support equipment, and propellant, including clearance by U.S. Customs and Border Protection. See satellite shipping.

Your own suppliers

Even a non-U.S. satellite can contain U.S. components or technology that carry export controls. Check supplier classifications early, because they can affect where and with whom you may launch.

Export control checklist for launch customers

Classify the satellite and key components: USML Category XV or ECCN 9A515, or other entries.
Identify every foreign person who will receive technical data or hardware, including launch provider staff and integrators.
Determine whether a TAA, license or export compliance agreement is needed and start it early.
Plan customs clearance for satellite, ground equipment and propellant.
Check the launch contract for clauses about export licenses and what happens if they are delayed.
Train your team on deemed exports in meetings, emails and file sharing.

Frequently asked questions

Are all satellites ITAR controlled?

No. USML Category XV covers spacecraft with specific capabilities. Spacecraft not described in Category XV fall under ECCN 9A515 of the EAR.

What is the difference between ITAR and EAR?

ITAR is administered by the U.S. Department of State and covers defense articles on the U.S. Munitions List. EAR is administered by the Department of Commerce and covers commercial and dual-use items on the Commerce Control List.

Is sharing a drawing with a foreign engineer an export?

It can be. Under 22 CFR 120.50, releasing technical data to a foreign person in the United States counts as a deemed export.

What is a TAA?

A technical assistance agreement, approved by the Directorate of Defense Trade Controls, which authorizes defense services and the related exchange of technical data.

Can export problems cancel my launch?

They can delay or end it. SpaceX's rideshare guide allows rebooking or termination with refund if a required license cannot be obtained in reasonable time.

Sources

Cover image: A U.S. Air Force C-17 carrying NASA's Europa Clipper arrives at Kennedy Space Center, 23 May 2024. Credit: NASA/Isaac Watson (KSC-20240523-PH-ILW01_0024), public domain.