This concept of what constitutes an export under ITAR thus includes not only selling controlled items into foreign countries, but embraces the disclosure of information related to controlled technology, regardless of how such disclosure is made.35 Of particular concern to Bigelow Aerospace, Virgin Galactic, and the other human spaceflight companies is the fact that the disclosure of any data” relating to their spacecraft to a foreign customer would “technical constitute an export, as would the performance of defense services even if the (such as safety training), disclosure or the training takes place in the United States.36 As explained above, data” includes “technical information related to the of the spacecraft, which could be broadly interpreted to include safety information provided to “operation” Disclosure of such technical data passengers regarding the operation of hatches and other on-board safety equipment. without DDTC approval is prohibited regardless of the form in which such data is displayed or stored (whether in documents, models, or other items) and regardless of how the data is communicated (whether by the sharing of Therefore, the mere presence of a foreign national on documents, email, conversation, or by visual inspection).37 a Bigelow space station or a spaceplane could be deemed to be an of technical data on the grounds “export” that the passenger was provided with the opportunity for a visual inspection of the design of the equipment. As a result, a license from the DDTC would be required before any foreign passengers could set foot on the space station or spaceplane.
This concept of what constitutes an export under ITAR thus includes not only selling controlled items into foreign countries, but embraces the disclosure of information related to controlled technology, regardless of how such disclosure is made.35 Of particular concern to Bigelow Aerospace, Virgin Galactic, and the other human spaceflight companies is the fact that the disclosure of any “technical data” relating to their spacecraft to a foreign customer would constitute an export, as would the performance of defense services (such as safety training), even if the disclosure or the training takes place in the United States.36 As explained above, “technical data” includes information related to the “operation” of the spacecraft, which could be broadly interpreted to include safety information provided to passengers regarding the operation of hatches and other on-board safety equipment. Disclosure of such technical data without DDTC approval is prohibited regardless of the form in which such data is displayed or stored (whether in documents, models, or other items) and regardless of how the data is communicated (whether by the sharing of documents, email, conversation, or by visual inspection).37 Therefore, the mere presence of a foreign national on a Bigelow space station or a spaceplane could be deemed to be an “export” of technical data on the grounds that the passenger was provided with the opportunity for a visual inspection of the design of the equipment. As a result, a license from the DDTC would be required before any foreign passengers could set foot on the space station or spaceplane.
Space_Tourism_Affirmative___BPW___SDI_2011.docx