ARTICLE
17 October 2024

BIS Rule Could Remove Spacecraft Controls For Australia, Canada, UK

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Buchanan Ingersoll & Rooney PC

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With 450 attorneys and government relations professionals across 15 offices, Buchanan Ingersoll & Rooney provides progressive legal, business, regulatory and government relations advice to protect, defend and advance our clients’ businesses. We service a wide range of clients, with deep experience in the finance, energy, healthcare and life sciences industries.
The Department of Commerce, Bureau of Industry and Security, announced it has completed a round of interagency review for a final rule that could result in the removal of export licensing requirements for certain currently controlled spacecraft and related items with the country of ultimate destination of Australia, Canada, or the United Kingdom.
Worldwide International Law

The Department of Commerce, Bureau of Industry and Security (BIS), announced it has completed a round of interagency review for a final rule that could result in the removal of export licensing requirements for certain currently controlled spacecraft and related items with the country of ultimate destination of Australia, Canada, or the United Kingdom. In furtherance of major efforts over the last several years to ease trade and cross-border exports between the nations, BIS sent the rule to the Office of Information and Regulatory Affairs on Aug. 30 and the review was completed on Oct. 10.  This potential removal of license requirements for certain spacecraft and related items will have major positive impacts for the US spacecraft industry. Easing export regulations between the partnered nations of Australia, Canada, and the United Kingdom will bolster the multilateral alliance against countries such as China and further the collaborative efforts to protect these types of articles and technology from ending up in the wrong hands. The Departments of Commerce and State have shown significant progress over the last year in strengthening the relationships between these countries when it comes to EAR and ITAR controlled commodities, the cross-country sharing of such items and related technologies, and the collective effort to prevent such items from being obtained by bad actors. Companies currently required to obtain BIS authorization for exports of such items to these countries should soon expect to see a final rule published.

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