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 <[email protected]> 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 ITARs (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 <[email protected]> > wrote: > > [email protected] 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 [email protected]. Opinions expressed are those of the > author. > > Not an AMSAT-NA member? Join now to support the amateur satellite > program! > > Subscription settings: http://amsat.org/mailman/listinfo/amsat-bb > > > > ____________________________________________________________ Weight Loss Program Best Weight Loss Program - Click Here! http://thirdpartyoffers.juno.com/TGL2141/c?cp=z9S3o0CC_NydE77fMlMiaQAAJ1CmZcBa4CCYwgQDaZ1FJwo1AAYAAAAAAAAAAAAAAAAAAADNAAAAAAAAAAAAAAAAAAAEUgAAAAA= _______________________________________________ Sent via [email protected]. Opinions expressed are those of the author. Not an AMSAT-NA member? Join now to support the amateur satellite program! Subscription settings: http://amsat.org/mailman/listinfo/amsat-bb
