[Forum] P3E quo vadis?

MLengruesser at aol.com MLengruesser at aol.com
Tue Aug 4 00:25:20 CEST 2009


Hallo,
 
ich möchte noch einmal das Thema ITAR aufgreifen, um zu zeigen welche Kreis 
 die inge inzwischen ziehen.
Mein Brötchengeber ( US ) hatte sich technologisch an einer Regattayacht  
beteidigt ( Aerodynamik ) 
Es führte zu möglichen Sanktion, da unsererseits nicht verhindert  werden 
konnte, das bei einer Regatta oder sonstigen Gelegenheit an Bord  Nicht - US 
- Bürger teilnehmen. Wir haben unser Sponsorship diesbezüglich  
gezwungermassen eingestellt.
 
Zum Thema gibt hier das Statment von Bob den Kern wieder:
 
The short version is,  if you, a US person (in the broad  definition),  
talk to or write or transfer information or hardware to  non US nationals 
about things in a satellite system which helps them in  anyway do 
satellite work, and I do mean in almost any way,  this is a  "deemed 
export" and requires an export license under the ITAR rules.   To not get 
this export license is a violation of federal statutes with truly  
onerous possible penalties.

Many of us have been told by lawyers that  we have paid entirely too much 
money to (out of necessity) that it is simply  not possible to follow the 
rules to the letter if you are going to do this  kind of business with 
non US nationals.  What you need is a worked out  plan that State Dep. 
puts a stamp of approval on as being "close enough" and  this is called a 
TAA, technical assistance agreement. 

I hope from  this simplified version you can see just how it is utterly 
impossible as an  individual to figure this out and to talk to your ham 
buddies outside the US  about satellite matters without violating the 
rules.  It is the single  worst set of prohibition crap since banning of 
Alcohol.  You have  foreign nationals to the US who want technology (the 
Al Capones) and you  have the rum runners here (the poor slobs who want 
to do business or conduct  intellectual exchange) and we are all 
potential criminals.  A big  difference is the Al Capones are non US 
citizens and cannot be subjected to  our silly laws and put in prison for 
income tax evasion.  In fact, they  just say and have said, screw you and 
gone and done their own thing,  including build up of really good 
competitive satellite and space  systems.   The single worst feature of 
ITAR and the technical  assistance agreement is the imposition of our 
laws on non US persons in  order to work with us.  Not many organizations 
or individuals are  willing to say yes to this stupidity.  For many of us 
here in the US,  we have given up until somebody with some sanity changes 
things since many  of us just have entirely too much at stake to risk.

AMSAT-NA is trying  its best to fix our internal problems but I would not 
blame any non_US  entity who said "Nuts" to working with us under these 
rules.  They just  have to be changed at a minimum for educational 
institutions and 501c3 like  AMSAT-NA who have no interest whatsoever in 
selling things for a  profit.  Under no uncertain terms in my opinion, 
over the long term,  these rules have damaged US interests much more 
severely than transfer of  technology (inadvertent or intentional).  But 
the problem I care most  about fixing is not being able to have an 
informal talk about amateur  satellite service matters with my overseas 
friends where NO ONE has bad  intent.

Bob
N4HY


73. Michael DD5ER
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