COMMERCE, DEFENSE, CIA WOULD SHARE UNDER SATELLITE EXPORT BILL

Security protections built into satellite export licensing reform bill would “ensure that sensitive technologies don’t end up in the hands of potential adversaries,” said Rep. Berman (D-Cal.), who on May 3 introduced bill with Rep. Rohrabacher (R-Cal.). Bill, which has undergone several revisions in recent months to address national security concerns of congressional hawks, would return satellite licensing jurisdiction to Commerce Dept. from State Dept. It also would create licensing referral process between Commerce Secy., secretaries of Defense and State, and dir. of CIA.

“Several years ago, Congress transferred responsibility for licensing exports of commercial satellites and their components from the Commerce Department to the State Department,” Berman said. “But it’s clear that the State Department is ill-equipped to handle these items. It takes far too long to issue licenses, even for exports to our closest allies.”

Berman-Rohrabacher would require 30-day maximum review of licenses referred by Commerce. “Each department or agency to which an export license has been referred shall provide the [Commerce] Secretary with a recommendation to either approve or deny the license application,” bill says. “A department or agency that fails to provide a recommendation within that 30-day period shall be deemed to have no objection to the decision of the Secretary on the license application.” However, bill also proposes that White House create interagency dispute resolution process to resolve disagreements over export licenses decisions.

Exports to nations that aren’t NATO members or to “major non- NATO” U.S. allies would require Defense and National Security Agency-approved technology and encryption technology transfer control plans. Plans, which would be developed by Defense and licensee, would include security arrangements for before and during satellite launches.

Bill also would require: (1) Defense Dept. monitoring of all licensed satellite exports in foreign nations “to ensure that no unauthorized transfer of technology occurs, including technical assistance and technical data.” (2) Reimbursement by licensee for cost of Defense launch site security costs. (3) Advance notification to Defense by licensee “of all meetings and interactions with any foreign person or entity providing launch services.” (4) Notification to Congress of satellite or related items exported for launch in foreign nations.