USML Category XV: spacecraft

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1. Which spacecraft are on the list

Satellites fall in Category XV of the United States Munitions List (USML), set out in the International Traffic in Arms Regulations (ITAR), which covers "Spacecraft and Related Articles" (22 CFR 121.1). Paragraph (a) applies to spacecraft, including satellites and space vehicles, whatever their label. They may be developmental, experimental, research or scientific, or have a commercial, civil or military end use. What matters is whether they have one of thirteen listed functions or characteristics.

Several listed functions are military or intelligence functions (22 CFR 121.1). They include nuclear detonation detection, autonomous real-time tracking of moving ground, air, missile or space objects, and signals or measurement and signatures intelligence. Anti-satellite functions, space-to-ground weapons and constellations acting together as a virtual satellite with any listed function are included. These entries carry an asterisk, making them Significant Military Equipment (22 CFR 120.10).

2. Remote sensing and other commercial functions

Remote sensing satellites are caught by thresholds (22 CFR 121.1). Electro-optical visible, near infrared or infrared sensors with fewer than 40 spectral bands are caught with a clear aperture greater than 0.50m. Hyperspectral sensors with 40 or more bands are caught at stated ground sample distances, less than 30 meters in the visible and short-wave infrared. Ground sample distance is measured from the spacecraft’s nadir position, and an optical satellite that does not point at the Earth is not Significant Military Equipment. Radar remote sensing is caught too, except radars with a center frequency from 1 GHz to 10 GHz and a bandwidth less than 300 MHz.

Four entries without an asterisk reach functions common in commercial programs (22 CFR 121.1). They cover spacecraft that provide positioning, navigation and timing signals, though not those that only broadcast differential corrections. Spacecraft that autonomously perform collision avoidance are covered, as are sub-orbital craft with listed propulsion that are specially designed for atmospheric entry or re-entry. Spacecraft specially designed to inspect or survey another spacecraft, or to service one by grappling or docking, are covered, except those that dock only via the NASA Docking System. Spacecraft that are classified, contain classified software or hardware, are made using classified production data, or are being developed using classified information are also listed, with an asterisk.

3. Where the Commerce list takes over

Spacecraft not identified in paragraph (a) are subject to the Export Administration Regulations (EAR), under Export Control Classification Numbers 9A004 and 9A515 (22 CFR 121.1). They stay under the EAR even if defense articles are incorporated, unless the result is a spacecraft described in paragraph (a). The International Space Station and its specially designed parts are excluded, and so is the James Webb Space Telescope.

Payloads follow a similar rule (22 CFR 121.1). Any primary, secondary or hosted payload that performs a paragraph (a) function is listed with an asterisk. A spacecraft under the EAR stays there even when it carries a hosted payload performing such a function. But every spacecraft carrying a primary or secondary payload with such a function is controlled by paragraph (a). The notes define a hosted payload as equipment using a spacecraft’s spare capacity for an additional, independent mission, unable to operate as an independent spacecraft. Secondary or hosted payloads developed with Defense Department funding under agreements dated May 13, 2015, or later are covered, with exclusions.

The notes also define the payload terms (22 CFR 121.1). A primary payload is designed from the outset to accomplish the prime mission, and a secondary payload is designed from the outset to be fully integrated into the payload mission set.

4. Ground systems and components

Paragraph (b) covers ground control systems and training simulators specially designed for telemetry, tracking and control of paragraph (a) spacecraft (22 CFR 121.1). Parts common to those systems and to systems for uncontrolled spacecraft are subject to the EAR.

Paragraph (e) lists components (22 CFR 121.1). They include large or electronically scanned antennas, space-qualified optics above set apertures, space-qualified focal plane arrays above 900nm, cryocoolers and active vibration suppression. Atomic clocks, precise attitude determination and control systems, and control moment gyroscopes are covered. The attitude control entry turns on geolocation accuracy without ground location points, from 5 meters (CE90) in low earth orbit to 225 meters (CE90) in high earth orbit. So are space nuclear and radioisotope power systems, high-thrust electric propulsion, thrusters above 150 lbf of vacuum thrust, and star trackers meeting stated accuracy and tracking rate. Other specially designed spacecraft parts not listed in paragraph (e) are subject to the EAR, and listed parts become subject to the EAR once integrated into an EAR item.

An article is space-qualified if designed, manufactured or qualified through successful testing for operation above 100 km (22 CFR 121.1). The notes add that this altitude is not a legal boundary between national air space and outer space. Testing one article by serial number does not make untested articles of the same model space-qualified.

5. Technical data, launch services and housekeeping data

Paragraph (f) controls technical data and defense services directly related to the category (22 CFR 121.1). As in Category IV, defense services include helping a foreign person integrate a satellite with a launch vehicle, and helping with launch failure analysis, whatever the hardware’s origin. A note carves out housekeeping data transmitted to or from a spacecraft, such as temperatures, power, orientation, raw payload output and timing. Processing or encrypting that telemetry does not by itself bring it under the ITAR. A further note moves some technical data to ECCN 9E515 where listed components are integrated into a satellite subject to the EAR. It covers only the level of data, including marketing data, that a purchaser needs for assurance that the item meets contract requirements, plus data for normal orbit operations, anomaly evaluation and ground station upkeep, other than encryption hardware. Another note puts activities for the spaceflight passenger or participant experience, from hatch operation to spacesuit use, outside both the ITAR and the EAR.

Rockets and launch vehicles themselves are covered in Category IV, rockets, missiles and munitions.

Key terms

Hosted payload	Equipment using a spacecraft’s spare capacity for an independent mission, unable to operate alone.
Space-qualified	Designed, made or tested successfully for operation above 100 km.
Ground sample distance	The imaging resolution measure, taken from the spacecraft’s nadir position.
ECCN 9A515	The Commerce entry for spacecraft and parts not described in the USML.
Housekeeping data	Spacecraft health, status and raw output data, carved out of the technical data controls.

Every statement above links to the document behind it. The full source list for this piece is on the sources page.

This page describes public United States government programs for general information. It is not legal, regulatory or procurement advice, and it does not address the facts of any particular case.

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