SpaceX, through their judicial filings and their congressional supporters, is now attempting to instruct the executive branch in how to impose and monitor sanctions against Russia.



In their most recent filing with the court, SpaceX chastises the Department of the Treasury for improperly interpreting the sanctions Treasury itself is chartered to interpret and enforce.



In spite of the fact that four separate cabinet level departments  Justice, State, Commerce and Treasuryformally declared that payments to NPO Energomash would not directly or indirectly contravene [sanctions], SpaceX continues to irresponsibly push the issue.



The SpaceX argument, if followed, would lead to a dangerous expansion of sanctions far beyond the intent of those currently in place. The SpaceX logic would potentially apply to any U.S. entity engaged in any activity with any Russian entity, far beyond the intent of current foreign policy.



By meddling in foreign policy, SpaceX risks destabilizing a delicate international situation, and distracts administration officials at a critical time, ultimately harming the interests and security of the nation.

SpaceX purports to be taking this stand on principle, in a patriotic effort to ensure the laws of the land are upheld. But SpaceXs patriotic zeal is limited to an injunction against NPO Energomash, who just happens to be the engine supplier for SpaceXs most serious competition, the Atlas V.



If motivated by ideology, SpaceX should be just as concerned about many other activities involving U.S and Russian space cooperation. SpaceX attempts to link NPO Energomash to Deputy Prime Minister Dmitri Rogozin through ROSCOSMOS, the Russian equivalent of NASA. Under SpaceXs logic, for example, all the payments by NASA to ROSCOSMOS for Soyuz launches and other support to the International Space Station (ISS) should also be sanctioned, eliminating U.S. access to the station. Additionally, SeaLaunch should be sanctioned since it uses an engine sold by NPO Energomash. This would harm Ukraine, the makers of the first stage for SeaLaunch.



In fact, based on its overriding moral concern over cooperation with Russia, SpaceX should forgo its ISS cargo supply contracts which directly benefit Russia as a participant in the ISS program.



But SpaceX is not advocating other injunctions nor offering to give up its own missions that benefit Russia. Their patriotism on this issue is merely a façade to hide an overt strategy to eliminate their most serious competitor and avoid the prudent and rigorous process established by the Air Force to legitimately become certified and compete for critical national security launches.



George Sowers, Ph.D.

VP, Strategic Architecture

United Launch Alliance