The provision Dr. Stojak refers to is also set out in the authorizing legislation under which the regulations are promulgated. As she indicated, that's the Land Remote Sensing Policy Act. So it's not simply a regulatory proviso that stipulates that you need a licence under the U.S. regime, and that applies to any subsidiary you happen to be operating in a foreign country; it's a matter of law as well.
In response to your question, the only way to inoculate this satellite from the application of U.S. law would be for Congress to amend the statute to specifically exempt RADARSAT-2, and I think we know how likely that would be.