A question people ask · answered against the Corpus of 2026-08-29
Is a CubeSat part ITAR?
It depends on the subsystem. Spacecraft moved largely to the EAR in 2014, but not all of it.
Before 2014 essentially every satellite component was ITAR. Export control reform moved most commercial spacecraft and their parts to ECCN 9A515 on the Commerce Control List, and that reform is why a CubeSat company can exist at all.
USML Category XV(a) still holds the spacecraft that did not move: those specially designed for military missions, and those with specific remaining capabilities enumerated in the category.
Subsystems have to be classified individually. A structure, a solar panel and a commercial reaction wheel are usually Commerce items. A radiation-hardened processor, a high-performance star tracker or a propulsion system may not be.
Launch is a separate analysis again. USML Category IV reaches launch vehicles and the missile technology that surrounds them, and range and payload are its measurements, not intent.
What decides it
- 01Which subsystem is being classified — structure, power, comms, ADCS, propulsion?
- 02Was it specially designed for a military or intelligence mission?
- 03Does it carry any remaining USML Category XV capability?
- 04Is it a spacecraft part, or a launch-vehicle part under Category IV?
Free, no account. Dossier $249 if you want the record.
The entries this turns on, opening text as it reads today
(a) Spacecraft, including satellites and space vehicles, whether designated developmental, experimental, research, or scientific, or having a commercial, civil, or military end-use, that: * (1) Are specially designed to mitigate effects (e.g., scintillation) of or for detection of a nuclear detonation; * (2) Autonomously detect and track moving ground, airborne, missile, or space objects other than celestial bodies, in real-time using imaging, infrared, radar, or laser systems; * (3) Conduct signals intelligence (SIGINT) or measurement and signatures intelligence (MASINT); * (4) Are specially designed to be used in a constellation or formation that when operated together, in essence or effect, form a virtual satellite (e.g., functioning as if one satellite) with the characteristics or functions of other items in paragraph (a); […]
* (a) Rockets, space launch vehicles (SLVs), missiles, bombs, torpedoes, depth charges, mines, and grenades, as follows: (1) Rockets, SLVs, and missiles capable of delivering at least a 500-kg payload to a range of at least 300 km (MT); (2) Rockets, SLVs, and missiles capable of delivering less than a 500-kg payload to a range of at least 300 km (MT); (3) Man-portable air defense systems (MANPADS); (4) Anti-tank missiles and rockets; (5) Rockets, SLVs, and missiles not meeting the criteria of paragraphs (a)(1) through (a)(4) of this category; (6) Bombs; (7) Torpedoes; (8) Depth charges; (9) Anti-personnel, anti-vehicle, or anti-armor land mines (e.g., area denial devices); (10) Anti-helicopter mines; (11) Naval mines; or (12) Fragmentation and high explosive hand grenades. Note 1 to paragraph ( a ): […]
§ 120.41 Specially designed. (a) Except for commodities or software described in paragraph (b) of this section, a commodity or software is specially designed if it: (1) As a result of development, has properties peculiarly responsible for achieving or exceeding the controlled performance levels, characteristics, or functions described in the relevant U.S. Munitions List (USML) paragraph in § 121.1 of this subchapter; or Note 1 to paragraph (a)(1): An example of a commodity that as a result of development has properties peculiarly responsible for achieving or exceeding the controlled performance levels, functions, or characteristics in a USML category would be a swimmer delivery vehicle specially designed to dock with a submarine to provide submerged transport for swimmers or divers from submarines. […]
Skenai never shows unquoted regulation. This page is research and documentation, not legal advice, and it is not a determination on your product.
People who ask this also ask
- What does "specially designed" actually mean?It is a defined term with a catch-and-release structure, not a judgement about intent.
- What is the difference between ITAR and EAR?Two regimes, two regulators. ITAR is State and covers defence articles; EAR is Commerce and covers dual-use items.
- What does EAR99 mean?It means the item is subject to the EAR but is not listed on the Commerce Control List. It is a residual, not a clearance.
A general answer is not your answer.
The Interview asks 5 to 9 questions about your product, only the ones the entries turn on, and names the Determination free. The Dossier is the dated, cited record of how it was reached — the thing an investor or a prime asked for.
Free, no account. Dossier $249 if you want the record.