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U.S. Satellite Export Control Policy Summary

Core Content

This document discusses the impact of the U.S. satellite export control policy, particularly the International Traffic in Arms Regulations (ITAR), on the competitiveness of U.S. satellite firms in the global market. It outlines the challenges posed by the current regulatory framework and suggests potential reforms to improve the situation.

Main Issues with ITAR Controls

• Slow Approval Process: The ITAR process is perceived as excessively slow, with an average approval time of over 70 days for applications. The State Department has a significant backlog, with 60,000 applications processed annually.
• Complex Licensing Requirements: Multiple licenses are often required for a single transaction, complicating the export process.
• Delays in Name Changes: Changing a customer's name on an existing license is a cumbersome and time-consuming procedure.
• Impact on U.S. Firms: These delays place U.S. firms at a disadvantage compared to foreign competitors, particularly in negotiations and project timelines.
• Effect on NASA: The ITAR process has even delayed NASA projects when a prime contractor involved a European subcontractor.
• Loss of Market Share: The U.S. market share in commercial satellites has declined from an average of 83% before 1999 to 50% currently. This decline is attributed, in part, to the regulatory burden imposed by ITAR.
• Foreign Competition: European and Japanese firms are capitalizing on the "ITAR-free" status to deliver products more quickly, gaining an edge in the global market.

Impact on the Global Satellite Market

• Non-Tariff Barriers: The requirement for ITAR approval is creating a non-tariff barrier, as governments often favor non-U.S. firms that can meet deadlines without such delays.
• Shift in Manufacturing: European firms, such as Alcatel Alenia Space, have increasingly designed satellites without U.S. components, allowing them to bypass ITAR restrictions.
• Market Overcapacity: The satellite manufacturing market is experiencing overcapacity, with too many firms competing for a limited number of contracts. This has made regulatory efficiency a key differentiator in the industry.

Key Figures

• U.S. Market Share Decline: From 83% (pre-1999) to 50% (current).
• Alcatel Alenia Space Growth: Increased market share from ~10% in 1998 to over 20% in 2004.

Possibilities for Improvement

The document outlines several potential reforms that could be considered by the next Congress:

• Increase Licensing Officers: Adding more personnel to the State Department to reduce the backlog of applications.
• Streamline Technology Lists: Simplifying the list of technologies subject to ITAR controls to reduce administrative burden.
• Review Export Control Policy: A wholesale review of the current export control regime to consider shifting oversight to the Commerce Department instead of the State Department.
• Certified Exporter Program: Implementing a program that certifies companies to export satellite technologies, reducing the need for individual transaction reviews.
• Loosen Restrictions on NATO Allies: Relaxing export restrictions for NATO allies to facilitate faster and more efficient trade.

Conclusion

The current ITAR framework is seen as a major obstacle to U.S. satellite firms' ability to compete globally. The slow and complex approval process, combined with the increasing advantage of foreign competitors, has led to a noticeable decline in U.S. market share. While there is some hope that the next Congress may address these issues, the urgency of reform remains high due to the competitive pressures faced by the U.S. satellite industry.