Mar

12

Best Acronym Ever: “POOF”


Posted by at 5:16 pm on March 12, 2008
Category: DDTC

Microwave Antenna TowerRobert Bigelow is a Las Vegas hotel billionaire who owns Bigelow Aerospace and wants to put a Budget Suites of America motel somewhere in space near you. Such facilities are apparently called privately-owned orbital facilities or POOFs. Seriously.

Of course, the folks at Bigelow think that their dreams of space tourism may be negatively impacted by the anti-POOF forces over at the Directorate of Defense Trade Controls (“DDTC”). Those grinches take the view that most space-qualified stuff is on the USML and needs an export license, which, of course, is a major annoyance for someone who wants to build hotels (and other commercial facilities) in the sky.1 So, according to an editorial by Bigelow’s general counsel in the print edition of Space News, Bigelow is going to file a commodity jurisdiction (“CJ”) request to transfer the company’s “space habitat” (or POOF) technology from the United States Munitions List to the Commerce Control List (“CCL”).

Anyone who has filed a CJ request is probably giggling more over the idea that Bigelow’s CJ request will be addressed by DDTC anytime soon than they are over the acronym POOF. Similarly, the idea that DDTC will move space technology, even for space hotels, over to the CCL will provoke similar snorts. And, of course, once DDTC says no to Bigelow’s request, that will be the end of the story since such decisions are shielded from judicial review under section 2778(h) of the Arms Export Control Act.

But you can’t blame Bigelow for dreaming, can you?

[Thanks to Res Communis and Hobbyspace for info on the Space News editorial]


1Under section 120.17(a)(6) a space launch of a payload is not itself an export of the payload. However, Bigelow appears to be hoping to launch its components from outside the United States, and thus would be required to export them prior to launch.

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Copyright © 2008 Clif Burns. All Rights Reserved.
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4 Comments:


It probably doesn’t matter that filing the CJ will lock POOF into ITAR control until further notice. Just applying for ITAR authority would probably be quicker. Maybe the problem is they want to apply for export authority NOW, but don’t yet know what hardware/data will need to be exported later, or to where. I’ve heard US Gov agencies make that suggestion under similar circumstances.

Ken

Comment by Kndl on March 12th, 2008 @ 5:26 pm

Why do I have the image of someone at the DOS with a really big stick pin in their hand?

Comment by LDM on March 13th, 2008 @ 2:59 pm

The irony is that at an Export class someone asked if a license would be required to ship things to other planets.
Needless to say, all of us just bursted out laughing.
We finally learned that the actual export would be to over seas and from their, another company would try to put things on other planets. I dont think the director of the seminar ever gave us a direct answer to her question.

Comment by Pamela on March 14th, 2008 @ 2:54 pm

[…] Blogs Best Acronym Ever: “POOF” – ExportLawBlog […]

Comment by LIBRARY: A Round-up of Reading « Res Communis on March 17th, 2008 @ 12:12 pm