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February 09, 2010 

BIS Publishes Final Rule Amending EAR for Certain Exports Used on International Space Station

While the federal government in Washington, DC remains closed today for the second day in a row, the Government Printing Office remains open and publishing the Federal Register.

Today's edition of the Federal Register contains one export control-related notice, a final rule published by the Bureau of Industry and Security amending the Export Administration Regulations (EAR) to modify License Exception GOV to provide authorization for exports and reexports for use on the International Space Station (ISS).

In order to prepare for the end of the Space Shuttle program (there are only four more shuttle missions scheduled), today's final rule amends section 740.11 of the EAR by providing a new authorization for the export or reexport of commodities subject to the EAR that are classified under ECCN 9A004 (which covers space launch vehicles and spacecraft not controlled by the ITAR) for use on the ISS.

Specifically, this rule provides a new authorization for commodities classified under ECCN 9A004 that are subject to the EAR that  are needed at launch destinations outside of the U.S. (France, Japan, Kazakhstan and Russia) on short notice. The rule defines "short notice" as a requirement to have a commodity manifested and at the scheduled launch site for hatch-closure no more than 45 days from the time the exporter or reexporter received complete documentation.

While most exports of items for use on the RSS to launch countries are handled by NASA, this amended license exception permits other exporters to use this license exception if necessary.

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