Thank-you, Daniel for this helpful reply. Your 'diode' analogy was excellent.
Using the links provided by Samudra above, I was able to find some parts of ITAR that exempt Canada. Specifically, 126.5(b), which in turn has restrictions on *it* in the following passages. One of these restrictions is on "all spacecraft in category XV(a) except commercial satellites". This is a bit frustrating, since it seems likely that the regulation means by 'commercial satellites' 'satellites with no national security implications'; but for we amateurs, if we read the letter of the law, 'commercial' excludes us as an apparent side-effect. I fully admit that I might have misunderstood the regulations, since they are, quite appropriately, written in a particular sub-dialect of legal language. Obviously any speculation on this list is no substitution for the professional opinion of a lawyer. Finally, let me say that I really appreciate the board tackling this issue so directly. It must seem pretty tangential to the corp's larger project, and I know if I were in their shoes I'd find it rather frustrating work. 73, Bruce VE9QRP On Mon, Oct 19, 2009 at 1:11 AM, Daniel Kekez <[email protected]> wrote: > Bruce Robertson wrote: >> Given that AMSAT-NA is by definition a collaboration between amateurs >> on both sides of the US/Canada border, do we have a clear idea where >> ITAR stands with respect to Canadian collaborators? I know that in >> 1999 the previous exemption was revoked, but that in 2001 there were >> some changes again. > > To the best of my knowledge, Canada holds no special status with regard > to ITAR. > > Consider ITAR to be a "goods and information diode": Canada can sell > space technology to an American company and can provide information. > However, the American company cannot describe their application in > detail or send any information North of the border without a Technical > Assistance Agreement in place between the particular organizations. And > US export permits are needed to send space technology to Canada. > > Furthermore, if a Canadian company wishes to use US technology on a > Canadian satellite and then launch with foreign launcher, the country > from which the launch takes place must also be specified (and approved) > on the US Export Permit. The US State department must be satisfied that > all precautions are being taken to protect the technology when it is in > a foreign country. > > Canada does have its own restrictions for space technology under the > Controlled Goods Program legislated by the Defence Production Act. And > export permits are needed when sending space technology outside of the > country. The process, however, is far less onerous than ITAR. Details on > the Canadian system can be found at > http://www.ssi-iss.tpsgc-pwgsc.gc.ca/dmc-cgd/apropos-about/apercu-overview-eng.html > > 73, > -Daniel, VA3KKZ > > _______________________________________________ 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
