An Inconvenient Regulatory Truth: U.S.-E.U. Commercial Satellite Export Control Regulatory Policy Divergence & the Return of China to the International Commercial Launch Services Market

Abstract

Since 1998 the United States has maintained a de jure domestic and a de facto international boycott against Chinese international commercial launch services. The de facto international boycott is premised on ITAR export licenses that create a de jure link on the basis of U.S. origin technology. Since 1998 this boycott has effectively prohibited China from launching Western commercial satellites of a sophisticated technological standard. Today, European commercial satellite manufacturers are positioned to fully benefit from ITAR-free technology investments, gaining access to Chinese launch services for the launch of technologically comparable commercial telecommunication satellites. Eutelsat is scheduled in mid-2011 to launch their first major communication satellite with China since the boycott began. This article examines the policy implications for the United States in light of E.U. regulatory divergence and the impending return of China to the international commercial launch services market.