President Obama Issues Presidential Determination to Facilitate Satellite Reclassification

On October 25, 2013, President Obama signed a Presidential Determination delegating three functions pertaining to export controls for satellites and related items to members of his cabinet. These activities are required steps for transitioning certain satellites and related items from the U.S. Munitions List (USML) to the Commerce Control List (CCL) under the terms of the National Defense Authorization Act of 2013. They include the submission to Congress of:

  • A one-time determination to the Congress from the Secretary of State that the removal of satellites and related items from the USML is in the national security interests of the country,
  • A one-time report to Congress from the Secretary of State analyzing the final regulations that will move certain satellites and related items from the USML to the CCL, and
  • An annual report to Congress from the Secretary of Commerce summarizing all export licenses and other export authorizations for satellites and related items subject to the Export Administration Regulations every year until 2020.

These delegations will allow the Administration to meet statutory requirements and publish implementing regulations that will modernize the nation’s satellite export controls as part of the President’s Export Control Reform Initiative.