Export Control Policy

OrbitExSpace Inc. ("OrbitExSpace", "we", "us", or "our") develops autonomous robotic systems, habitat technologies, and related software and hardware that may be subject to United States export control laws and regulations, including the Export Administration Regulations ("EAR"), 15 CFR Parts 730–774, administered by the U.S. Department of Commerce, Bureau of Industry and Security ("BIS"); and the International Traffic in Arms Regulations ("ITAR"), 22 CFR Parts 120–130, administered by the U.S. Department of State, Directorate of Defense Trade Controls ("DDTC").

This Export Control Policy summarizes our commitment to full compliance with applicable U.S. export control, sanctions, and anti-boycott laws. It is provided for informational purposes only, does not constitute legal advice, and does not represent that any particular item, technology, or transaction is or is not subject to control. Specific transactions are governed by the applicable laws and regulations in effect at the time and by separate written agreements.

Certain technology, software, technical data, and documentation related to our programs — including robotics, autonomy software, surface mobility systems, power systems, and habitat infrastructure — may be subject to U.S. export controls. Depending on the technology and its intended end-use, such items may be classified under the EAR as dual-use items (including possible '600 series' or '900 series' controls) or may be subject to the ITAR as defense articles or defense services, including under the United States Munitions List ("USML").

We evaluate the export control classification of our technology on an ongoing basis. Where a definitive classification has not yet been established, we treat the technology as controlled and restrict its disclosure until determined otherwise by qualified review. We do not publicly disclose export-controlled technical data, controlled program information, or classification details.

Access to controlled technology is restricted to individuals who are authorized under applicable export control laws. The release or disclosure of controlled technology to a non-U.S. person — including a foreign national located in the United States — may constitute a 'deemed export' to that person's country of nationality under the EAR or ITAR and may require authorization from the relevant U.S. Government agency before such release occurs.

OrbitExSpace reserves the right to limit access to controlled technology based on nationality, immigration status, or other factors as required by applicable law. Where required to comply with export control regulations, we apply such restrictions; we do not otherwise discriminate on the basis of national origin.

We do not engage in transactions with parties that are subject to U.S. sanctions or that appear on any applicable restricted-party list, and we screen prospective partners, customers, vendors, and counterparties before engagement. Screening is conducted against, among others:

We do not sell, license, or otherwise transfer technology to any individual or entity located in, or ordinarily resident in, a country subject to comprehensive U.S. sanctions or an embargo. We reserve the right to update the list of restricted destinations in accordance with changes to U.S. sanctions programs without prior notice.

We are committed to full compliance with U.S. export control, sanctions, and anti-boycott laws, as applicable and as required by contract or law. We maintain records of export-related decisions, classifications, authorizations, and transactions for the periods required by the EAR, ITAR, and other applicable law. Any unauthorized export, re-export, or transfer of controlled technology may result in severe civil and criminal penalties for the individuals and entities involved, including fines, imprisonment, and loss of export privileges.

Where we engage as a contractor or subcontractor on a U.S. Government procurement, we comply with applicable export control flow-down clauses, including those required by the FAR and DFARS, as required by contract.

Where we enter into an agreement involving controlled technology, the other party may be required to provide end-use and end-user assurances, including commitments that the technology will be used solely for authorized purposes, will not be used for purposes prohibited by U.S. law, will not be re-exported, retransferred, or diverted without authorization, and will not be transferred to any third party without prior written authorization where required.

At the date of this policy, we have not determined any of our technology to be ITAR-controlled, and we have not registered with DDTC under ITAR §122.1. We do not represent that we hold any ITAR registration, license, or authorization. If and when any of our technology becomes subject to the ITAR, we will register as required, obtain the required authorizations, and apply the access controls and recordkeeping that ITAR demands. We will update this section if that status changes.

For questions regarding export control compliance, restricted-party screening, or the export control status of our technology, contact:

OrbitExSpace Inc.
Legal & Compliance
legal@orbitexspace.com