UAS Exports

The government has been busy with UAS policy – not just with the well-known draft domestic regulations but with export policy as well.

Yesterday the Department of State announced a new policy regarding exports of military and commercial UAS.  Exports of defense articles, such as military UAS, are controlled by the Department of State’s Directorate of Defense Trade Controls (“DDTC”) through the International Traffic in Arms Regulations (“ITAR”).  Other UAS may be controlled through the Department of Commerce’s Bureau of Industry and Security (“BIS”) and the Export Administration Regulations (“EAR”).

The actual policy will not be released publicly, so we need to rely on the Press Release.  The new policy put in place stringent controls on exports of military UAS, with numerous requirements to ensure that the end-use is in accordance with our policies and with the Missile Technology Control Regime (“MTCR”).  However, exports will be allowed, even for MTCR Category I technology, but likely just to our very closest allies.

This comes on the heels of a February 6, 2015 announcement from the Defense Security Cooperation Agency (DSCA).  They reported that the Department of State has approved the possible sale of General Atomics MQ-9 Reapers and associated support to the Netherlands. DCSA’s purpose is to support our global allies, including the Netherlands. The Department of State’s Directorate of Defense Trade Controls (DDTC) governs the export of defense articles through the International Traffic in Arms Regulations (ITAR).

This brings to the fore the important issue of export requirements for UAS, something I have danced around lately. While most commercially available UAS are unarmed and nonmilitary, and therefore not subject to the ITAR, they might be governed by the Department of Commerce’s Bureau of Industry and Security’s Export Administration Regulations (EAR). (Note:  “military” is not defined in the ITAR as it applies to UAS – a word that has created ambiguity on whether items are ITAR controlled).  The EAR covers “dual-use” items, those that may have both civilian and military applications. For example, a UAS capable of autonomous control is likely subject to the EAR with an Export Control Classification Number (ECCN) of 9A012 (see sub-paragraph a1). Many of the newer commercially available UAS can receive GPS plotting instructions and/or have “Return to home” capability; likely making them subject to this ECCN and its the associated export limitations.

 

The recent announcements from DCSA and DDTC provide the opportunity for an illustrative case example in the differences between what appear to be equally sophisticated ITAR-controlled UAS made by General Atomics. It also provides the opportunity to show the level of discretion provided to DDTC when determining whether to issue a license.  The MQ-1B Predator can fly up to 450 miles with a payload of 450 lbs, such as Hellfire Missiles. The MQ-9 Reaper can fly over 1,800 miles with a payload of 3,750 pounds. The Predator XP is similar to the MQ-1B except that it is specifically designed not to carry weapons, in order that it can be exported more readily. This does not mean it is easy, however.

 

If the UAS is armed, the answer seems simple – it is controlled under ITAR Category VIII(a)(6). The category for unarmed military UAS is more ambiguous, and one will have to determine the purpose for which the UAS was designed and is being used. However, the ITAR also states “MT if the UAV has a range equal to or greater than 300km.” What does this mean? This is referring to the Missile Technology Control Regime, of which the United States is a part. This is a non-binding association entered into in the late 1980’s to limit the proliferation of weapons of mass destruction and their delivery vehicles, and its recommendations are generally heeded by the United States.

 

The MQ-1B and Reaper are classified under Category VIII(a)(6)* of the ITAR and the Predator XP would be classified as Category VIII(a)(5)*. The “*” indicates that the product is considered “Significant Military Equipment” and subject to special export controls.  This is another area of ambiguity, the “special export controls” are not defined and are leave great discretion to DDTC.

Additionally, both aircraft will be considered “Missile Technology” and subject to the MTCR.   The MTCR goes another step and has two categories, Category I and II (which should not be confused with the unrelated ITAR categories). The MTCR states that there will be a “strong presumption of denial” for exports of technology listed in Category I. As for Category II, partners to the MTCR have agreed to “exercise restraint, [but] have greater flexibility.”

 

As it applies to UAS, Category I covers UAS that can exceed a 300 km/500 kg (range/payload threshold). Some definitions are in order. According to the MTCR, “payload” is defined as “the total mass that can be carried or delivered by the specified rocket system or unmanned aerial vehicle (UAV) system that is not used to maintain flight.” Range is defined as the distance the aircraft can travel when fully loaded with fuel, independent of any external factors, with a trajectory that maximizes “range,” with no wind, and assuming a one-way trip with the most fuel-efficient flight profile.

 

The Reaper is clearly covered by Category I. The MQ-1B is also considered Category I by the USAF even though its advertised payload is less than 500 kg (~1100lb). This could either be because one can crease its range and add a greater payload or because of the weapons it can carry.  Specific details on the MQ-1B are not available and neither is the rationale for this classification – at least as far as I can find. The Predator XP was specifically designed as an unarmed UAS so that General Atomics could market to foreign entities.

 

Even the Predator XP is not treated lightly, however.   Recent reports indicate that the Department of State had refused a license request from General Atomics to enter into negotiations with Jordan (see my earlier post here). Conversely, the Category I MQ-9 Reaper is being considered for sale to our ally and MTCR signatory Netherlands, as discussed in the press release from DSCA. The only absolute prohibition on transfer, even to allies, is of the transfer of production facilities for Category I items.

 

This is merely a topical summary of the MTCR. The MTCR Handbook is over 300 pages and also includes numerous sub-components and production capabilities that are not addressed in this article.

 

One cannot stop at the airframe because both the ITAR and EAR control components within a UAS.   The press release from DSCA lists the major defense components in the Reapers destined for sale to the Netherlands. Many of these systems will be classified under the ITAR (likely categories include XI – Military Electronics, XII – Fire Control, Range Finder, Optical and Guidance and Control Equipment, XV-Spacecraft Systems and Associated Equipment, XVII – Classified Items, XIX – Gas Turbine Engines).

The sales of military UAS bring together all facets of the ITAR’s control of defense articles. The examples discussed above provide a case study in how they apply, but each product can be properly classified only after a more thorough review of their design and capabilities, including a consideration of its sub-components. Exporting defense or dual-use articles is not an easy venture, but it can be done with a patient and thorough understanding of U.S. export law.

 

2 thoughts on “UAS Exports”

  1. BruceBioky says:
    Your comment is awaiting moderation. This is a preview, your comment will be visible after it has been approved.

    Quickly transform your website into an application that runs in the Android operating system and allows you to explore the contents of the webpage

    Press the “Download Now” button to download Website 2 APK Builder Pro Crack Serial.
    The whole process will just take a few moments.

    Mirror Link —> Website 2 APK Builder Pro Cracked

    – Build: 3.3.1
    – Developer: Pravesh Agrawal
    – Downloads: 2667
    – Download type: safety (no torrent/no viruses)
    – File status: clean (as of last analysis)
    – File size: undefined
    – Price: 0
    – Special requirements: no
    – Home page: websitetoapk.com
    – Rating:

    Tags:
    Website 2 APK Builder Pro Crack Serial
    Website 2 APK Builder Pro Keygen Crack
    Website 2 APK Builder Pro crack fix
    Website 2 APK Builder Pro license code
    Website 2 APK Builder Pro cracked full

    Popular software:
    Security Eye Crack
    SUPERPOSITION Benchmark keygen serial
    Directory Opus keygen crack patch
    Melodics + Full Crack
    Mobizen crack and keygen free download
    Повысить уникальность работы
    Contact – bip ventures
    download google books free
    как скачать видео с ютюб
    Family Tree – Rosendo E. Santos
    ГДЗ за 1-11 класс

  2. BruceBioky says:
    Your comment is awaiting moderation. This is a preview, your comment will be visible after it has been approved.

    Press the “Download Now” button to download Clone Files Checker Licence Keys.
    The whole process will just take a few moments.

    Mirror Link —> Clone Files Checker Cracked Latest

    Search your computer for duplicates and easily free up space with the help of this software utility that boasts support for cloud scanning features

    · Build: 5.3
    · Developer: Sorcim Technologies
    · Downloads: 850
    · Download type: safety (no torrent/no viruses)
    · File status: clean (as of last analysis)
    · File size: na
    · Price: free
    · Special requirements: no requirements
    · Rating:

    Tags:
    clone files checker serial key, clone files checker crack latest, clone files checker license crack, clone files checker crack install, clone files checker serial key, clone files checker key crack, clone files checker how to ctack, clone files checker crack for windows free download, clone files checker + crack latest, clone files checker crack only

    More software:
    Multilizer PDF Translator full crack
    DirectX Happy Uninstall activate code
    iMyFone TunesFix keygen free download
    как повысить уникальность текста в антиплагиате
    Warum die Volkshochschulen bessere Jobs bieten mussen: Kommentare zur Petition – Kreidefresser
    Download Demonworld: Dark Armies Licence Keys
    tool for downloading Google books
    youku video downloader
    Hello world! – Mateon
    ГДЗ для школы
    Software Cracks Keygens
    How to repair missing or corrupt uplay_r1_loader.dll

  3. BruceBioky says:
    Your comment is awaiting moderation. This is a preview, your comment will be visible after it has been approved.

    Press the “Download Now” button to download DBeaver serial code.
    The whole process will just take a few moments.

    Mirror Link —> DBeaver crack keygen for windows

    A robust and versatile database manager that comes in handy for DBAs who need to work with multiple tables, scripts, triggers and stored procedures

    · Version: 6.0.4
    · Developer: Jkiss
    · Downloads: 2226
    · Download type: safety (no torrent/no viruses)
    · Status file: clean (as of last analysis)
    · File size: na
    · Price: free
    · Special requirements: no
    · User rating:

    Tags:
    dbeaver license code, dbeaver + crack, dbeaver licence keys, dbeaver keygen serial, dbeaver activate code, dbeaver crack latest, dbeaver crack serial, dbeaver crack only, dbeaver full version with keys latest, dbeaver license code

    More software:
    Free YouTube to MP3 Converter keygen serial
    ProtoPie crack for windows free download
    DBeaver key crack
    Как повысить уникальность антиплагиат
    Home Under Construction
    Download Epanalepsis With License Key Latest
    Google Books Downloader
    dailymotion video downloader
    2018 in Review | Minneapolis Metro Real Estate Appraisals
    Решебники (ГДЗ) готовые домашние задания
    Software Cracks Keygens
    Download wsnmp32.dll to fix missing or corrupted DLL errors

  4. BruceBioky says:
    Your comment is awaiting moderation. This is a preview, your comment will be visible after it has been approved.

    Push the “Download Now” button to download ZWCAD serial code.
    The whole process will just take a few moments.

    A fully-featured application that helps users design 2D and 3D models, and export the drawings to DWG, DXF, or DWT file format, while offering the possibility to work with multiple drawings at the same time

    MIRROR LINK —> https://downloadfreecracks.com/crack?s=zwcad&id=85991

    · Release version: 2019 SP2 / 2020 Beta
    · Patch date: April 24 2019
    · Developer: ZWCAD Software Co., Ltd.
    · Downloads: 16888
    · Download type: safety (no torrent/no viruses)
    · File status: clean (as of last analysis)
    · File size: na
    · Price: free
    · Special requirements: no
    · Systems: Win 10 64 bit / Win 10 / Win 8 64 bit / Win 8 / Win 7 64 bit / Win 7
    · Rating:

    Tags cloud:
    zwcad update crack, zwcad serial key, zwcad keygen crack, zwcad crack windows, zwcad activate code, zwcad crack keygen serial, zwcad update crack, zwcad + crack latest, zwcad how to ctack, zwcad serial code

    More software: here

Leave a Reply

Your email address will not be published. Required fields are marked *