[amsat-bb] Re: ITAR is interesting to me

[Samudra Haque]

Hi,

if anyone is interested to investigate ITAR regulations further, they
will have to dig into the published documents at various Dept of
Commerce and other websites. However, here is a blank template in line
with http://pmddtc.state.gov/regulations_laws/itar_official.html, just
in case, a US Lawful Permanent Resident wants to claim ITAR
self-certification in the field of amateur satellites:

{disclaimer, please check with the organization that you are asking
ITAR specific permission for, for any required supplementary
documentation}

{Warning: the penalty for mis-stating is quite severe}

TEMPLATE

Pursuant to the ITAR’s (International Traffic in Arms Regulations: 22
CFR 120-130) definition of a U.S. Person, 22 CFR 120.15, I {insert
name here} hereby certify that I am a U.S. Person.

Printed Name: ______________________ {be sure this is official and
matches your records as well}

Address:  ______________________

Phone:   ___________________________________

Alien Registration: ______________________  {required if you are a US
LPR, not required if US Citizen}

Date:   ____________________

Signature:


                  __________________________________________

Affiliation:  Member

                  ABC Corp

                  Full Address


(Fax signed copy to: _____________________)

Definitions

U.S. Person (22 CFR 120.15) U.S. person means a person (as defined in
section 120.14) who is lawful permanent resident as defined by 8
U.S.C. 1101(a)(20) or who is a protected individual as defined by 8
U.S.C. 1324b(a)(3). It also means any corporation, business
association, partnership, society, trust, or any other entity,
organization or group that is incorporated to do business in the
United States. It also includes any governmental (federal, state or
local) entity.

8 U.S.C. 1101(a)(20) The term ''lawfully admitted for permanent
residence'' means the status of having been lawfully accorded the
privilege of residing permanently in the United States as an immigrant
in accordance with the immigration laws, such status not having
changed.

8 U.S.C. 1324b(a)(3) ''Protected individual'' defined As used in
paragraph (1), the term ''protected individual'' means an individual
who - (A) is a citizen or national of the United States, or (B) is an
alien who is lawfully admitted for permanent residence, is granted the
status of an alien lawfully admitted for temporary residence under
section 1160(a) or 1255a(a)(1) of this title, is admitted as a refugee
under section 1157 of this title, or is granted asylum under section
1158 of this title; but does not include (i) an alien who fails to
apply for naturalization within six months of the date the alien first
becomes eligible (by virtue of period of lawful permanent residence)
to apply for naturalization or, if later, within six months after
November 6, 1986, and (ii) an alien who has applied on a timely basis,
but has not been naturalized as a citizen within 2 years after the
date of the application, unless the alien can establish that the alien
is actively pursuing naturalization, except that time consumed in the
Service's processing the application shall not be counted toward the
2-year period.

On Sun, Oct 18, 2009 at 6:18 PM, Bob McGwier <rwmcgwier at gmail.com> wrote:
> k0vty at juno.com wrote:
>> Greetings All:
>>
>> The Amsat BB is a great source of information we all know:
>> I have a few questions about ITAR that I thought might interest more than
>> I.
>> I tried to be careful of the words I used.
>>
>> 1.) Do all launched satellites that have US components or interests fall
>> under ITAR?
>>
> Yes
>> 2.) When does ITAR interest begin for a launchable Amateur satellite?
>>
> The minute you wish to discuss what is in it with someone who is not a
> US national or want to ship the thing overseas for launch.
>> 3.) Is software and firmware that is a part of a Amateur satellite at
>> launch fall under ITAR?
>>
> Most definitely
>> 4.) Who normally handles University Cube Sat ITAR issues when Amateur
>> frequencies are used?
>>
> Depends on who is going to do the launch but Cal Poly has been involved
> for sure.
>> 5.) Who normally handles US Military school Cube-Sat ITAR issues when
>> Amateur frequencies are use ?
>>
> U.S. government entities have a form of an exemption because they are a
> component of the U.S. government (and not a for profit company which
> might be tempted to sell intellectual property to the highest bidder)
> and those equities are handled differently.  Even then, ITAR only comes
> into play if non-U.S. citizens are involved in the program and/or an
> overseas launch is envisioned.
>> 6.) When is there no ITAR interest in a Amateur satellite?
>>
> There is interest.  That is what is causing us so much grief.  It has
> effectively ended the participation of AMSAT-NA in Phase 3E.
>> 7.) Did Suitsat one or two (ARISSaT-1) have any ITAR problems since they
>> are satellites
>>       using Amateur frequency?
>>
> NASA is able to work through different channels than AMSAT has to in
> order to get things launched to the space station.  AMSAT-NA will be
> responsible for ALL transfer of components for ARISSat 1 to the launch
> site.  We might get assistance from some places in the government but it
> will be handled as an export request and we  will have to show how we
> will protect the equities that need protecting under ITAR.
>>
>> I have more ITAR related questions.
>>
>> Best Regards
>>
>> Joe  K0VTY
>> ====================
>>
>
> ANY aspect dealing with a satellite, software, hardware, ground stations
> (hardware, software, protocols, etc.), ideas, random ejaculations from a
> diseased mind or whatever that deals with spacecraft or ground stations
> are DEEMED EXPORTS when they depart a U.S. citizen and are delivered to
> a non-U.S. citizen.  It is a nearly impossible task to abide by and one
> that really makes me want to throw my hands up in despair and walk away.
>
> There are exceptions for classrooms and courses taught in U.S.
> university's.  A person, even a non-U.S. citizen, who can pay for taking
> a course, may go and involve themselves in course work, even if it is
> dealing with the design, construction, and control of spacecraft during
> the course work.  Some of this applies to your earlier questions but for
> US service academies,  there are very few non-U.S. citizens in them.
>
> Bob
> N4HY
>
>
>
> --
> (Co)Author: DttSP, Quiktrak, PowerSDR, GnuRadio
> Member: ARRL, AMSAT, AMSAT-DL, TAPR, Packrats,
> NJQRP, QRP ARCI, QCWA, FRC.
> "You don't need to see the whole staircase, just
>  take the first step.", MLK.
> Twitter:rwmcgwier
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>
>
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