ROL NEWS--RCS IERT Course Deemed a "Defense Article"

RCS IERT Course Deemed a "Defense Article" April 20, 2004 Web posted at: 12:54 PM EDT
(ROL Newswire) -- The United States Department of State has determined
that the RCS Rocket Motor Components (RCS) Inc. Institute of Experimental Rocket Technology (IERT) "Advanced Propellant Formulation and Processing Course" is a "defense article" as defined in the International Traffic in Arms Regulations (ITAR).
On December 13, 2003, RCS IERT requested a "commodity jurisdiction" (CJ) determination from the U.S. Department of State on its "Advanced Propellant Formulation and Processing Course". This was due to RCS's understanding that the course included content that could be considered a restricted article as described in the United States Munitions List. As a precaution prior to receiving the determination, attendance in the course was limited to only those participants holding U.S. Citizenship.
On April 8, 2004, the Department of State made its determination: "Your commodity jurisdiction (CJ) request was referred to the Departments of Commerce and Defense for review and recommendations. The Advanced Propellant Formulation and Processing Course given by the RCS Rocket Motor Components, Inc. Institute of Experimental Rocket Technology includes information related to formulating and processing military propellants.
"The Department of State has determined that the Advanced Propellant Formulation and Processing Course given by RCS Rocket Motor Components, Inc. Institute of Experimental Rocket Technology is subject to the licensing jurisdiction of the Department of State in accordance with the International Traffic in Arms Regulations (22 CFR 120 through 130). This item is designated a defense article under Category V(h) of the United States Munitions List. Licenses issued by this office are required prior to export."
Among other things, the State Department's "defense article" determination means that RCS will be required to apply for a license if a foreign national wishes to attend to course. Since the course was announced in October 2003, a number of foreign citizens have expressed their desire to participate in the course. RCS has delayed its response to these individuals until a determination was received from the Department.
A copy of the U.S. State Department's CJ determination for the RCS IERT propellant course in PDF format can be downloaded from the "News" page of the RCS website located at http://www.rocketmotorparts.com .
Source: RCS Rocket Motor Components (RCS), Inc.
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I told you so.
--
Jerry Irvine, Box 1242, Claremont, California 91711 USA
Opinion, the whole thing. <mail to: snipped-for-privacy@gte.net>
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wrote:

Whatever. You're still a snake in the grass. A big ugly one.
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Now that's funny. If State has made this determination, it's the correct classification unless it can be demonstrated that everything that is in the course is in the public domain (it probably can be demonstrated that is, trade secrets aside). I'm wondering how closely State reviewed the course materials and at what level of expertise in making the determination. I'm sure it didn't get staffed to JCS. It most likely was a play it safe and ask us permission call which is typical. If RCS is producing defense articles (State says this is), it means they have to register with State. That costs about $600 per year. Nice tax grab and little to do with security in this case.
Also, whoever wrote the article confuses "citizen" with "US Person" as defined in the ITAR as per 22CFR120.15. CTI U.S. is registered with State and I'm a U.S. person so Gary, can I take the the course? :-)
Anthony J. Cesaroni President/CEO Cesaroni Technology/Cesaroni Aerospace http://www.cesaronitech.com / (905) 887-2370 x222 Toronto (410) 571-8292 Annapolis

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US Department of Commerce rules ("certain export license requirements are not necessary if the material is public domain") are superseded by ITAR/Munitions legislation (if it's on the same thing).
The former are largely implemented as a way of protecting copyright/patent holders from vendors selling into countries that don't respect copyright/patent. In short: if the material is public domain, then the owner clearly doesn't care, so why should DoC?
The latter is supposed to provide national security.
For example, DoC rules suggest that shipping a copy of strong crypto software to China is legal if it's public domain.
On the contrary, ITAR/Munitions legislation supersede DoC in this area, and make it illegal (without a relevant license). Silly and pointless - and _highly_ counter-productive commerce-wise. But illegal none-the-less.
Canada's rules are a bit saner (at least insofar of technology that does _not_ originate in the US).
--
Chris Lewis, Una confibula non set est
It's not just anyone who gets a Starship Cruiser class named after them.
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I should also point out that something like this comes as no surprise to anyone involved in the computer security industry.
This sort of thing has been going on for decades already. Particularly noticable in crypto (encryption) circles. Up to the point of foreign nationals being removed from conferences.
Including the instructor from a course on encryption. The instructor was Russian. Can't let the Russians know what the Russians know about encryption! ;-)
--
Chris Lewis, Una confibula non set est
It's not just anyone who gets a Starship Cruiser class named after them.
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Chris,
I beg to differ. How familiar are you with CGRP and the Defense Production act?
Anthony J. Cesaroni President/CEO Cesaroni Technology/Cesaroni Aerospace http://www.cesaronitech.com / (905) 887-2370 x222 Toronto (410) 571-8292 Annapolis

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...
Never ask permission, ask forgiveness.
Or when in doubt, leave it a gray area!
At least that is how the sayings go.

One thing for sure. RCS operates on the same metric as Aerotech did. Shake the tree and see what authorities from new and different agencies you can cause to wreak havok on rocketry.
So far he's doing pretty good along the alphabet.
Jerry
--
Jerry Irvine, Box 1242, Claremont, California 91711 USA
Opinion, the whole thing. <mail to: snipped-for-privacy@gte.net>
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skippy Irvine wrote:

The skippy irvine and usr mantra!
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Somehow I'm betting that you won't be willing to sign his non-competition documents as required before enrolling. :)
Mike Fisher
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where?
wrote:

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Gulp, sorry Phil, as you know, I am not a Jerry apologist.
But, however, Jerry was talking about Mli stuff and defense transfer when the Dec RCS press realase came out. he was a bit active in his posts, as is his MO , however, I think he did say this:
http://groups.google.com/groups?hl=en&lr=&ie=UTF-8&safe=off&threadm Qlb.13 088%24XO.953658%40news20.bellglobal.com&rnum)&prev=/groups%3Fq%3Drcs%2Bgro up:rec.models.rockets%26start%3D20%26hl%3Den%26lr%3D%26ie%3DUTF-8%26group%3D rec.models.rockets%26safe%3Doff%26scoring%3Dd%26selm%3D8CQlb.13088%2524XO.95 3658%2540news20.bellglobal.com%26rnum%3D29
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The link doesn't work. I believe you. Sometimes Jerry seems a little to fast on those I told yous so, since I didn't rememer him saying it, I thought I'd ask.

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say
3
o
D
5
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Don't be so quick to assume the negative!

--
Jerry Irvine, Box 1242, Claremont, California 91711 USA
Opinion, the whole thing. <mail to: snipped-for-privacy@gte.net>
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Asking when is not negative. Also, putting spin on that recent court ruling does not help the credibility of 'I told you sos'
wrote:

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What spin?
27 CFR 555.141-a-8
Jerry
--
Jerry Irvine, Box 1242, Claremont, California 91711 USA
Opinion, the whole thing. <mail to: snipped-for-privacy@gte.net>
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does this also mean that John Wickman's propellant courses will also be determined at some future point in time to be a "defense article" ?
So now before anybody holds APCP propellant classes a State department determination will be required if any foreign nationals are involved?
shockie B)

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He wasn't stupid enough to "ask for a ruling" like Gary Rosenfield did.
Nor was he stupid enough to sell clearly controlled chemicals to the general public with a PUBLIC news release!!!
Hello? Anyone home?
Nope.
NAR does the same sort of thing. I could cite a recent example but perhaps trollville is not the place to do it.
Jerry

--
Jerry Irvine, Box 1242, Claremont, California 91711 USA
Opinion, the whole thing. <mail to: snipped-for-privacy@gte.net>
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I've mentioned this sort of thing before. You may need an export license to share information with non-US Persons, let alone sell physical goods or ship physical goods or information out of the US.
Maybe we need to encrypt r.m.r???
-Fred Shecter NAR 20117
-- """Remove "zorch" from address (2 places) to reply.

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