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Michael C. Mineiro - Space Technology Export Controls and International Cooperation in Outer Space

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Book:
Space Technology Export Controls and International Cooperation in Outer Space
Author:
Michael C Mineiro
Publisher:
Springer Netherlands;Springer Science+Business Media B.V
Genre:
Books / Politics
Year:
2012
City:
Dordrecht
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Part 1
An Examination of Preliminary Concerns Contextual Lenses

Michael Mineiro Space Regulations Library Series Space Technology Export Controls and International Cooperation in Outer Space 10.1007/978-94-007-2567-6 Springer Science+Business Media B.V. 2012

Space Regulations Library Series

Michael Mineiro

Space Technology Export Controls and International Cooperation in Outer Space

Michael Mineiro

Thayer Ave 815, Silver Springs, 20910, Maryland, USA

michael.mineiro@mail.mcgill.ca

ISBN 978-94-007-2566-9 e-ISBN 978-94-007-2567-6

Springer Science+Business Media B.V. 2012

The purpose of Part I is to examine the legal, technical, and international environment in which U.S. commercial communication satellite (Comsat) export controls operate. This examination is designed to raise questions and create a holistic context to better understanding the foregoing case study of U.S. Comsat export controls.

Michael Mineiro Space Regulations Library Series Space Technology Export Controls and International Cooperation in Outer Space 10.1007/978-94-007-2567-6_1 Springer Science+Business Media B.V. 2012

1. Technical Characteristics of Space Goods and Technology That Are Relevant to Export Control

Michael C. Mineiro 1, 2

(1)

McGill University, Montreal, QC, Canada

(2)

815 Thayer Ave, Suite 510, Silver Springs, MD 20910, USA

Michael C. Mineiro

Email:

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1.2

1.2.1

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Abstract

States implement Comsat export control systems through a licensing authorization process. Whether or not a license is granted and the conditions of the license are normally determined by three factors:

(1) The nature of the good and technology itself (e.g. whether it is militarily sensitive, subject to an international agreement, proscribed for national security)

(2) The end-user of the good and technology

(3) The intended end-use of the good and technology

But what are space goods and technology? And what are the critical technical characteristics of space technology that are relevant in export control law and policy? This chapter provides a technical examination of space goods and technology characteristics. It is designed to provide the reader with a sufficient understanding and background to understand what the U.S. is attempting to control and its most critical characteristics. Towards that end, this chapter (1) defines space technology, (2) illustrates the dual-use characteristics of space technology, (3) identifies the military and intelligence significance of space applications, (4) explains the technology export control link between satellites, launch services, and ballistic missiles, and (5) theorizes on how future developments of space technology will impact export and proliferation controls.

Keywords

Space technology Dual-use Export control Export license End-user National security

The nature of the good and technology itself (e.g. whether it is militarily sensitive, subject to an international agreement, proscribed for national security)

The end-user of the good and technology

The intended end-use of the good and technology

But what are space goods and technology? And what are the critical technical characteristics of space technology that are relevant in export control law and policy?

This chapter provides a technical examination of space goods and technology characteristics. It is designed to provide the reader with a sufficient understanding and background to understand what the U.S. is attempting to control and its most critical characteristics. Towards that end, this chapter (1) defines space technology, (2) illustrates the dual-use characteristics of space technology, (3) identifies the military and intelligence significance of space applications, (4) explains the technology export control link between satellites, launch services, and ballistic missiles, and (5) theorizes on how future developments of space technology will impact export and proliferation controls.

1.1 Defining Space Technology

There is no consensus or accepted definition of the term space technology. The etymological source of the term technology is the Greek word technologia , the systematic treatment of an art, from techne art, skill + o + logia logy. But outer space is a location, not an endeavor and not an application. Is space technology therefore a word without true meaning?

If one accepts a geographic basis for defining technology, then space technologies are any technology that is designed, intended, deployed, or put into use in outer space or a celestial body. If one narrows the conceptual basis to an endeavor, then space technologies are any technologies designed, intended, or used in a space application.

Within the context of export control law, the term technology often has a specialized definition and is not used as broadly as the conceptual definition aforementioned. A typical export control system prescribes regulations not only for physical goods or items that are exported, but also for technology. Export control regulations distinguish between the physical item and the specific information required for the development, production, or use of an item. This information can take both physical and non-physical form.

To make this even more confusing, the term technology is often used in the discourse to synonymously represent both physical goods and their underlying technical knowledge . To resolve this ambiguity, one must recognize that unless specific legal language is referenced, it is likely that the technology discussed is assumed to include any associated physical goods. The reason for this is that concerns of unauthorized technical knowledge transfers are appropriately linked to the physical goods that are derived (e.g. manufactured) from the underlying technical knowledge. In other words, physical goods themselves can be a form of technical knowledge and are therefore often associated with the broader concept of technology control.

At this point it should also be noted that the term satellite export controls is a bit of a misnomer. A close examination of export control regulations reveals that while spacecraft as a single discrete good are controlled, regulations also govern space qualified items, associated propulsion and space related equipment. For convenience sake this monograph interchangeably uses the term satellite in lieu of spacecraft, space qualified items, associated propulsion and space related equipment (SQUIPE). However, it should be clearly understood that a significant amount of spacecraft associated exports are not the entire satellite spacecraft, but instead space qualified items, associated propulsion and space related equipment.

How space technologies are conceptually categorized depends on the determinative characteristics of the category. Function, use, size, and location are only a few possible determinative characteristics. Typically in export control regimes, space items are divided into three broad categories related to the function of the space system the technology supports: (1) Launch Vehicle, Artificial satellites are one type of spacecraft. While these categories can be conceptually useful, the technological distinctions between them are not clearly demarcated. Technology from one category assists in the development and operation of technology in the other.

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