Speaker
Description
An increasing number of space activities has taken place in Earth's orbit in recent years, contributing to the increase in the amount of orbital space debris. Proposals for commercial large satellite constellations, particularly in low Earth orbit (LEO), mean that the number of satellites, both defunct and operational, will continue to rise at an accelerated pace, increasing the likelihood of collisions and the creation of space debris, a serious threat to space security. Without remedial action and mitigation measures, the growing population of space debris will jeopardise the operation of existing satellites and compromise the long-term sustainability of outer space activities.
To tackle this issue, on-orbit servicing (OOS) and active debris removal (ADR) capabilities for repairing, refuelling, upgrading, recycling, and deorbiting derelict or defunct satellites are being rapidly developed, especially by private companies. Extending the life of already deployed satellites in space will help to reduce space debris and mitigate environmental impact.
As demonstrated by the successful docking of Northrop Grumman's MEV-1 life-extending mission with Intelsat-901, a GSO communications satellite, OOS missions involve space manoeuvring and docking capabilities — also known as Rendezvous and Proximity Operations (RPO). They also require the temporary transfer of jurisdiction and control over a space object from the client to the servicer. RPO performed by a client and servicer from different States require the export of both tangible and intangible technology, scientific information, technical data, and even pictures related to the client's satellite, necessary to reduce the potential failure of the mission and the possibility of collisions with other operational satellites. Because of their strategic importance, this type of information is restricted by export control regulations and may not be exported into another State without prior authorisation, as one of the most serious political concerns for space security is the possible use of OOS capabilities as a weapon for anti-satellite space operations, a threat to other State’s space activities.
The aim of export control regulations therefore is to prevent the unauthorised export in the space sector of information on satellite technology and components that could potentially affect a State's military interests and hinder national security by imposing heavy restrictions on the export and transfer of jurisdiction and control over space objects to foreign countries or entities.
This paper presents the current export control laws and regulations applicable to OOS missions, including the most important international agreements for the space sector, the Wassenaar Arrangement and the Missile Technology Control Regime (MTCR). The author takes a close look at the US International Traffic Arms Control (ITAR) and the Export Administration Regulations (EAR) regimes due to the limited amount of ITAR-free objects in space. Finally, the author assesses the impact and limitations imposed by export control regulations on companies undertaking OOS activities, and their effectiveness for the maintenance of space security and the sustainability of space activities.
