U.S. space export controls: Topics to watch in 2026

Space has become an important and growing commercial market for private industry. This growth has been sparked by the United States lowering certain barriers to space accessibility, which has facilitated growing cooperation among allies while making it more difficult for U.S. adversaries to access space-related commodities and technologies.

In addition to helping commercial space companies thrive, this growth in space accessibility raises certain challenges for those companies, including compliance with U.S. export controls. The export control landscape faced by the space industry is complex, requiring companies to ensure their operations comply with applicable export controls.

Further, even though space technology (e.g., spacecraft, components, software and technical data) is often dual-use (commercial and military), companies in the space industry need to know how to navigate and comply with the U.S. Department of Commerce's Bureau of Industry and Security (BIS) Export Administration Regulations (EAR) and the U.S. Department of State's Directorate of Defense Trade Controls (DDTC) International Traffic in Arms Regulations (ITAR). This article highlights recent changes in the ITAR and EAR relevant to the space sector.

ITAR and EAR regulatory backdrop

In 2024, BIS issued several rules that were published as interim, proposed and final, and that made or suggested certain revisions to the EAR related to spacecraft commodities, technology and software, especially concerning the Export Control Classification Number (ECCN) in the 9x515 series. (See Export Administration Regulations: Revisions to Space-Related Export Controls, 89 Fed. Reg. 84,770 (Oct. 23, 2024) (interim final rule) (to be codified at 15 C.F.R. pts. 734, 740, 744, 746 & 774); Export Administration Regulations: Removal of License Requirements for Certain Spacecraft and Related Items for Australia, Canada, and the United Kingdom, 89 Fed. Reg. 84,766 (Oct. 23, 2024) (to be codified at 15 C.F.R. pts. 742 & 774); Export Administration Regulations: Revisions to Space-Related Export Controls, Including Addition of License Exception Commercial Space Activities (CSA), 89 Fed. Reg. 84,784 (Oct. 23, 2024) (proposed rule).)

These cover spacecraft-related equipment, parts, software and technology that were previously listed on the ITAR's U.S. Munitions List (USML). The amendments and proposals included:

• Removing license requirements for exports, reexports and transfers of most ECCNs to Australia and the United Kingdom, including ECCN 9A515 items and ECCN 9E515-related technology that covered remote spacecraft sensing or space-based logistics, assembly or servicing; 

• Easing license requirements for exports, reexports and transfers to U.S. allies of spacecraft and related parts, components and accessories that are specially designed for use in or with certain ECCN 9A515 spacecraft commodities, and clarifying license requirements and classification review as to ECCNs 9A004.y and 9A515.y to ensure license requirements remain in place for certain countries such as China and Russia; and 

• Proposing a new license exception, Commercial Space Activities (CSA), for official space agency programs, space tourism and research, and aligning revisions to the ITAR's U.S. Munitions List and the EAR's Commerce Control List.  

In parallel with BIS's initiatives, DDTC's revisions to the ITAR included, but were not limited to:

• Implementing the AUKUS exemption, which will reduce or eliminate ITAR licensing requirements for certain defense trade activities conducted between or among the U.S., the U.K. and Australia;

• Proposing definitions for terms like amateur rocket, amateur rocket motor, bomb, excluded National Aeronautics and Space Administration spacecraft, ground sample distance, hosted payload, human spaceflight preparations, loitering munition, mine, payload, primary payload, range, real-time, secondary payload, spacecraft, spacecraft bus, spacecraft housekeeping data and output, spacecraft payload, and spectral bandwidth;

• Proposing removal of certain defense articles in USML Categories IV (launch vehicles and related) and XV (spacecraft and related) through clarifying notes and related constructions; and

• Proposing the issuance of three new license exemptions for official space agency activities that involve space launches, space tourism and space research.

AUKUS becomes operational

As a result of AUKUS, an item classified in ECCN 9A515.a and related technology classified in ECCN 9E515.f does not require a license when exported, reexported or transferred (in-country) to an AUKUS country. Now, under the EAR, the only items that require an EAR license for export to an AUKUS country, absent end-use or end-user issues, are those controlled for chemical or biological reasons.

Under the ITAR, an AUKUS ITAR exemption was issued under 22 C.F.R. § 126. Thus, an ITAR license will still be required for exports, reexports and transfers of defense articles to AUKUS countries if all the conditions and requirements of the AUKUS exemption, including "Authorized User" concepts and excluded technology lists, are met. (See International Traffic in Arms Regulations (ITAR): U.S. Munitions List Categories IV and XV, 89 Fed. Reg. 84,482 (Oct. 23, 2024) (proposed rule), International Traffic in Arms Regulations: Exemption for Defense Trade and Cooperation Among Australia, the United Kingdom, and the United States, 90 Fed. Reg. 61,053 (Dec. 30, 2025) (final rule) (codified at 22 C.F.R. § 126.7))

Proposed CSA license exception and DDTC proposed license exemptions

BIS's proposed CSA license exception would align the EAR controls with DDTC's proposed license exemptions for official space agencies. The finalization of these license exemptions will more easily enable more private missions, public-private programs and commercial research that were previously subject to stringent licensing requirements. As these are all proposed changes, we recommend monitoring BIS and DDTC actions to determine (a) whether the exception and exemptions will be finalized and how they will define eligible activities; (b) whether the exception and exemptions will be practical for real-world missions (i.e., broad enough to cover typical payload integration, testing and operational support); and (c) what compliance conditions will be included (i.e., recordkeeping, notifications and end-use restrictions).

Conclusion

We expect 2026 to bring further changes to EAR and ITAR to facilitate the commercialization of space by the U.S. and allied partners. These changes should create significant opportunities for space companies. However, they may also pose challenges for compliance with the EAR and ITAR.