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@gmail.com wrote:
k0vty@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
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