Viewpoint: International Traffic in Arms Regulations—Controversy and Reform

Abstract

The International Trade in Arms Regulations (ITAR) have, for decades, played a crucial role in shaping the movement of sensitive technology from the United States to the world. Originally intended to ensure military dominance, the ITAR regime is seen by some as stifling the competitiveness of American industry. A list known as the United States Munitions List (USML) contains the items subject to the ITAR export controls. This list includes clearly dangerous military technology such as missile navigation systems and fighter jet avionics but also includes seemingly benign items, such as coolant hoses or tape recorders for spacecraft. Among the items considered controversial are a number related to the space industry. An incident in the early 1990s began a jurisdictional tug of war. The United States strengthened its grip on the export of space technology. In the last two decades, some have observed a decline in the competitiveness of American industry. The content of the USML should be reviewed based not on the historical “catchall” approach, but rather based on a “military intent-based” or “military capability-based” approach. This will improve the competitiveness of the U.S. space industry without sacrificing national security.