Washington, D.C. –Today, the Commerce Department’s Bureau of Industry and Security (BIS) released three rules—one Final Rule, one Interim Final Rule, and one Proposed Rule—to modernize BIS’s space-related export controls. These updated controls will further U.S. innovation and technology leadership while protecting U.S. national security and foreign policy interests.

Today’s action is the result of an extensive review—directed by the National Space Council, which is led by Vice President Kamala Harris—to enable a globally competitive U.S. space industrial base, while strengthening U.S. international space partnerships. These updates reflect the Biden-Harris Administration’s commitment to maintaining U.S. leadership in space, protecting our national security, and strengthening our foreign alliances.

“The United States has always been a global leader in fostering a competitive and responsible space sector,” said Deputy Secretary of Commerce Don Graves. “As the diversity of commercial activity in space grows, these rules will reduce the burden for U.S. industry to continue innovating and leading in the space sector. This update also significantly advances our ability to broaden and deepen international partnerships, to grow our economy, and to collaborate on mutual space priorities.”

“With today's updates to our export controls, the United States is taking a bold step forward in fostering a strong space industrial base,” said Deputy Assistant to the President and Executive Secretary of the National Space Council Chirag Parikh. “These changes will strengthen international alliances and reflect America’s commitment to innovation and leadership in space.” 

The series of regulatory changes modernizing space-related export controls consists of the following rules:

1. In a Final Rule, BIS is removing license requirements for exports of certain items involving remote sensing or space-based logistics, assembly, or servicing spacecraft destined for Australia, Canada, and the United Kingdom. This rule deepens the United States’ commitment to some of its closest allies, furthering our collective security, reducing unnecessary export control restrictions, and ensuring secure trade.
2. In an Interim Final Rule, BIS is removing license requirements for exports of certain spacecraft components to over 40 allies and partners worldwide, reducing licensing requirements for the least sensitive components for most destinations, and broadening license exceptions to support additional National Aeronautics and Space Administration (NASA) cooperative programs. These changes advance international cooperation and bolster America’s global leadership in space technology.
3. Additionally, in a Proposed Rule published in concert with the Department of State, BIS outlines initial proposals to transfer jurisdiction of certain space-related defense articles that no longer provide a critical military or intelligence advantage from the U.S. Munitions List (USML) maintained by the Department of State to the Commerce Control List. Examples include spacecraft capable of refueling other spacecraft and spacecraft capable of autonomous collision avoidance. This proposed transfer would enable the use of BIS license exceptions that facilitate exports of commercial space items to close allies and partners. BIS welcomes public comment from all interested parties on this Proposed Rule within 30 days of publication. 

These actions mark a pivotal step in updating and modernizing the U.S. Government’s space-related export controls and enhancing international partnerships while continuing to deny critical technologies to our adversaries.

“Modernizing our space-related controls to keep pace with today’s commercial space innovation and foreign policy environment is of critical importance,” said Under Secretary of Commerce for Industry and Security Alan F. Estevez. “Today’s rules maintain stringent controls on sensitive technologies to destinations of concern while promoting collaboration and trade with our allies and partners around the world.”

“Our comprehensive review of space-related export controls was informed by both the extensive commercialization of the space industry and the need to collaborate with foreign partners to ensure continued U.S. and allied technological leadership, a key component of national security,” said Assistant Secretary of Commerce for Export Administration Thea D. Rozman Kendler. “We welcome further proposals from the public to inform a final rule that will reduce barriers for the space industry while protecting U.S. national security interests.”

These rules follow and are informed by responses to a 2019 Advanced Notice of Proposed Rulemaking (ANPRM), recommendations from BIS’s Transportation and Related Equipment Technical Advisory Committee (TRANSTAC), engagements with the private sector, and a recent survey and assessment of the U.S. civil space industrial base (CSIB) conducted by BIS in collaboration with NASA and the National Oceanic and Atmospheric Administration (NOAA). Through the survey, BIS was able to gather data on respondents’ views on current export control regulations as well as suggestions for revisions to inform the modernization of BIS’s space-related export controls.

For more information, visit BIS’s website at: https://www.bis.gov

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