Commercial Spaceflights May Be Restricted
By Madhu Unnikrishnan
The way U.S. export controls work for space technologies could prevent commercial space operators from taking non-U.S. citizens on spaceflights, and the industry is urging reform of the system to prevent U.S. companies from being overtaken by foreign competitors.
It is not just hardware and technologies that are covered by the International Traffic in Arms Regulation (ITAR) rules, but also passengers, and this will hamper such companies as Virgin Galactic and Bigelow Aerospace from taking non-U.S. citizens into space. Non-U.S. citizens who book a flight on Virgin Galactic could, in theory, see sensitive materials and are therefore covered under ITAR rules, said Marc Holzapfel, the company's senior counsel, during a press event in Washington April 29. "Reforming ITAR will allow us to fly a Canadian citizen into space without his getting a security clearance," he said.
The "outdated" ITAR rules are a challenge "second only to gravity" in keeping the U.S. commercial space industry on the ground, said Michael Gold, director of Bigelow Aerospace's Washington office. Noting that European providers are marketing "ITAR-free" components and technologies, Gold warned that the U.S. industry could let European competitors erode their business.
Bigelow has been active in lobbying the government to change ITAR rules. "We think hardware should be [covered] under ITAR," Gold said, "but passengers should be exempted." The company is working with the departments of State and Commerce to change the rules, and so far has found the government receptive. "State doesn't like ITAR," he said, adding that the real problem lies in Congress.
"Congress created a bigger problem than already existed," said Rep. C.A. Ruppersberger (D-Md.), who oversees these regulations on the House Select Committee on Intelligence. Dominance of the commercial space industry could very well shift to China or Russia unless ITAR is reformed, he said. Ruppersberger plans to meet with Commerce Secretary Gary Locke to discuss further reforms, and proposes calling for a high-level working group of industry representatives, congressional staffers from both his committee and the Committee on Foreign Relations, and representatives from the State, Commerce and Defense departments.
Relaxing some of the ITAR provisions would take an act of "political bravery," according to Tim Hughes, vice president and chief counsel for commercial space launch provider SpaceX. Even the suggestion by a member of Congress could lead to accusations of being soft on defense, he explained. "But the commercial arguments are so compelling," he said.
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