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

[k0vty@juno.com]

 Thanks Samudra

All knowledge about the issues effecting Amateur Satellites and ITAR
rules / laws
for the membership are appreciated.

Thanks 

Joe Murray K0VTY
===================
On Sun, 18 Oct 2009 19:16:54 -0400 Samudra Haque
<samudra.haque at gmail.com> writes:
> 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
> > Active: Facebook,Myspace,LinkedIn
> >
> >
> > _______________________________________________
> > Sent via AMSAT-BB at amsat.org. Opinions expressed are those of the 
> author.
> > Not an AMSAT-NA member? Join now to support the amateur satellite 
> program!
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> >
> 
> 
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