UNITED NATIONS/NIGERIA WORKSHOP ON
SPACE LAW
“Meeting International Responsibilities and Addressing
Domestic Needs”
Hosted by the Government of Nigeria
National Legislation and Policy
Selected Texts
21 -24 November 2005
Abuja, Nigeria
CONTENTS
ARGENTINA
6
NATIONAL DECREE No. 995/91, Creation of the National Commission on
Space Activities............................................................................................................................... 6
NATIONAL DECREE No. 125/95, Establishement of the National Registry of Objects
Launched into Outer Space......................................................................................................... 10
AUSTRALIA
11
SPACE ACTIVITIES ACT 1998 No. 123 .................................................................................. 11
SPACE ACTIVITIES AMENDMENT (BILATERAL AGREEMENT) ACT 2001
No. 101, 2001 - Schedule 1 .......................................................................................................... 42
SPACE ACTIVITIES AMENDMENT ACT 2002 No. 100, 2002
- Schedule 1 .................................................................................................................................. 52
SPACE ACTIVITIES REGULATIONS 2001 No. 186............................................................. 65
BELGIUM
92
LAW ON THE ACTIVITIES OF LAUNCHING, FLIGHT OPERATIONS OR
GUIDANCE OF SPACE OBJECTS .......................................................................................... 92
BRAZIL
99
LAW No. 8.854 of 10 February 1994, Establishing the Brazilian
Space Agency ................................................................................................................................ 99
RESOLUTION No. 51, Resolution on Commercial Launching Activities from Brazilian
Territory (26 January 2001)........................................................................................................ 99
PORTARIA AEB (ADMINISTRATIVE EDICT), NO. 27, Regulation on procedures and
on definition of necessary requirements for the request, evaluation, issuance,
follow-up and supervision of licences for carrying out launching space activities
on Brazilian Territory................................................................................................................ 100
2
CANADA
105
CANADIAN SPACE AGENCY ACT as amended in 2001. ................................................... 105
CIVIL INTERNATIONAL SPACE STATION AGREEMENT
IMPLEMENTATION ACT ...................................................................................................... 109
CHILE
128
SUPREME DECREE No. 338 on the Establishment of a Presidential Advisory Committee
Known as the Chilean Space Agency........................................................................................ 128
CHINA
131
CHINA'S SPACE ACTIVITIES (White Paper) ..................................................................... 131
FRANCE
139
LAW No. 61-1382 (20/12/1961) Statute of the Centre National d'Etudes Spatiales............. 139
DECREE No. 62-153, Regulations Relating to the CNES ...................................................... 139
DECREE No. 89-508 of 19/07/1989 & Decree 90-1102 of 11/12/1990 , concerning the Space
Committee ................................................................................................................................... 139
GERMANY
139
LAW governing the transfer of responsibilities for space activities (22 August 1988) ........ 139
ITALY
140
LAW No. 23, 25 January 1983 (in the Official Gazette 35, 5 February, 1983)
for the implementation of the Convention on International Liability for Damages
caused by Space Objects ............................................................................................................ 140
DECREE of 1 August 2002 on the approval of the national space plan 2003-2005 ............. 141
LEGISLATIVE DECREE No. 128 (4/06/2003) on the restructuring of ASI........................ 141
LAW No. 153 of 12 July 2005, on "Adhesion of the Government of the Italian Republic
to the Convention on Registration of Object Launched into Outer Space” ......................... 141
3
JAPAN
142
LAW No. 161 of 13th December 2002 concerning Japan Aerospace
Exploration Agency ................................................................................................................... 142
NORWAY
159
ACT No. 38 ( 13/06/1969) on Launching Objects From Norwegian Territory
in Outer Space. .......................................................................................................................... 159
RUSSIAN FEDERATION
160
PRESIDENTIAL DECREE No. 185 (25/02/1992) on Space Activities Administration
Structure in the Russian Federation......................................................................................... 160
PRESIDENTIAL EDICT No. 2005 (24/10/1994)on the organisation of the further utilisation
of the Baikonur cosmodrome in the Interests of the Russian’s Federation’s
Space Activity ............................................................................................................................. 161
LAW of the Russian Federation about Space Activities, adopted by the Decree No. 5663-1 of
the President of the Russian Federation (20/08/1993)............................................................. 162
RESOLUTION No. 104 (2/02/1996) of the Government of the Russian Federation on Statute
on Licensing Space Operation................................................................................................... 176
RESOLUTION No. 422 of the Government of the Russian Federation on Measures to Fulfil
the Russian Federal Space Program and International Space Agreements. ........................ 180
RESOLUTION No. 468, Regulations of The Russian Space Agency .................................... 182
SOUTH AFRICA
188
SPACE AFFAIRS ACT (South Africa, 1993).......................................................................... 188
SPACE AFFAIRS AMENDMENT ACT, No. 1530(6/10/1995). ............................................ 199
SPAIN
201
ROYAL DECREE No. 278-1995 on the Establishment in Spain of the Registry of Objects
Launched into Outer Space as Provided for in the Convention adopted by the
United Nations General Assembly on 12 November 1974 ...................................................... 201
4
SWEDEN
203
ACT On Space Activities (1982:963) ........................................................................................ 203
DECREE On Space Activities (1982:1069) .............................................................................. 204
UKRAINE
205
LAW of Ukraine on "Space Activities"of 1996 ...................................................................... 205
DECREE No. 117 of the President of Ukraine on the Establishment of the National
Space Agency of Ukraine (29/02/1992) ..................................................................................... 214
DECREE No. 665/97) of the President of Ukraine on Regulations for the National Space
Agency of Ukraine (22 July 1997) ............................................................................................ 215
UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND
215
OUTER SPACE ACT 1986, Chapter 38 .................................................................................. 215
UNITED STATES OF AMERICA
219
THE NATIONAL AERONAUTICS AND SPACE ACT ....................................................... 219
NATIONAL SPACE PROGRAM ............................................................................................ 235
COMMERCIAL SPACE ACT, 1998 ....................................................................................... 256
COMMERCIAL SPACE COMPETITIVENESS................................................................... 268
LAND REMOTE SENSING POLICY..................................................................................... 271
SPACE TRANSPORTATION INFRASTRUCTURE MATCHING GRANTS .................. 284
INVENTIONS IN OUTER SPACE.......................................................................................... 287
5
ARGENTINA
NATIONAL DECREE No. 995/91, Creation of the National Commission on Space
Activities
[UNOFFICIAL TRANSLATION]
Official Gazette (Boletín Oficial), 3 June 1991
Active Effect
National Decree No. 1,164/60
Passive Effect
National Decree No. 1,435/91
National Decree No. 2,239/91
Enactment: Law No. 11,672
National Decree No. 1,615/99
HAVING REGARD TO:
The Argentine National Commission on Space Activities: Creation—National Space Plan—science and
technology—Office of the President of the Nation, and
WHEREAS
The progress of space sciences and technology is of great importance for the State because of the many and
various public policy considerations raised by their practical applications;
The Argentine Republic maintains its right to technological and scientific development for peaceful
purposes;
It is necessary to make practical use of the experience gained by Argentina in the field of space;
The technical complexity of space activities necessitates proper organization and coordination of all the
national bodies concerned, whether private or public, in order to prevent the dissipation and duplication of
efforts;
It is necessary to establish a national authority to centralize, organize, administer and implement a
comprehensive policy on space matters;
The Argentine Republic rejects all offensive military use of space activities and acknowledges its intention
to work in this field with a high ... [Sentence incomplete—translator].
Article 1
The National Commission on Space Activities (CONAE) is hereby created with the capacity to act as a
public and private entity in the scientific, technical, industrial, commercial, administrative and financial
spheres, with full administrative and financial autonomy, and accountable directly and exclusively to the
President of the Nation.
6
Article 2
The National Commission on Space Activities shall be the only national State body competent to take charge
of, formulate, implement, monitor, manage and administer projects and undertakings in the field of space, in
which regard its functions shall be the following:
(a)
To propose the National Space Plan for the use and development of space sciences and technology
for peaceful purposes, as well as arrangements for its funding, for approval by the executive branch
of the National Government;
(b)
To centralize, organize, administer and implement the National Space Plan.
Article 3
The functions of the National Commission on Space Activities shall be to:
(a)
Conduct research aimed at the establishment of groups possessing the necessary disciplines and
techniques for access to be gained to space technology and its applications;
(b)
Undertake development work in the area of advanced engineering, encompassing the fields necessary
for the assimilation of appropriate national space technology;
(c)
Ensure and assist the integrated development of national space projects;
(d)
Provide for the basic and ongoing training of research, professional, technical and other appropriate
personnel through courses, fellowships and reciprocal arrangements with universities, State
authorities and other national or foreign institutions;
(e)
Assign space technology transfer to applications in agronomy, cartography, mineral prospecting,
meteorology, geology, environmental science, medicine, communications, defence, industrial sectors
and other areas, to government authorities and especially, under licence, to the private sector,
providing technical assistance for the purpose of attaining the quality standards which it establishes;
(f)
Draw up agreements with other authorities or private entities in the country with a view to transfer or
cooperation in the development of space activities;
(g)
Provide technical assistance to the State for the purposes of national representation at congresses,
conventions, conferences and meetings and at events organized by international organizations
concerned with outer space;
(h)
Coordinate all the activities of the National Space System, including all the public and private
institutions engaged in space activities, whether directly or indirectly;
(i)
Obtain the financial resources necessary to perform its activities; and
(j)
Promote and implement cooperation agreements with public and private entities from other countries,
in conformity with the foreign policy of the Argentine Republic and with due intervention by the
Ministry of Foreign Affairs and Religion.
Article 4
Without prejudice to the provisions of the foregoing articles, the National Commission on Space Activities
(CONAE), in the exercise of its public and private powers, may:
(a)
Appoint and relocate scientific, technical and administrative personnel, whether temporarily or
permanently;
(b)
Issue its internal regulations and establish its organizational structure;
(c)
Formulate agreements with public or private entities and conclude the necessary contracts for the
achievement of its aims;
(d)
Undertake commercial transactions on the basis of the contracts concluded, in line with the aims
established in this Decree;
(e)
Take any legal steps necessary for its proper functioning;
(f)
Propose a control regime for all transfers abroad of space technology and equipment and for arms, in
conformity with the criteria and standards of non-proliferation; such regime shall be subject to prior
authorization by a committee to be established, which shall be composed of representatives of the
Ministries of Defence, of the Economy and Public Works and of Foreign Affairs and Religion.
7
Article 5
The National Commission on Space Activities (CONAE) shall have the following organizational structure:
(a)
A Board of Directors composed of twelve (12) members, ten (10) with a political background and
two (2) with an executive and technical background.
The Board of Directors will be composed as follows:
(i) Political:
A president, the incumbent of this office being the Minister for Foreign Affairs, International Trade
and Religion. This official shall present to the President of the Nation an annual report on the
activities undertaken by CONAE;
A vice-president, the incumbent of this office being the Secretary for External Relations and Latin
American Affairs of the Ministry of Foreign Affairs, International Trade and Religion;
A representative appointed by the national executive at the proposal of each of the following
departments of the national public service:
The Ministry of Foreign Affairs, International Trade and Religion;
The Ministry of Culture and Education;
The Ministry of Defence;
The Ministry of the Economy and Public Works and Services;
The Secretariat for Communications;
The Secretariat for Natural Resources and Sustainable Development;
The Secretariat for Science and Technology under the Ministry of Culture and Education;
A representative of the Province of La Pampa, appointed at the proposal of the provincial executive.
The said officials shall serve for a term of four (4) years, renewable in the case of half of the Board
every two (2) years, members being re-electable in perpetuity;
(ii) Executive and technical:
[Text missing] by the members of the Board of Directors to discharge the functions of Executive and
Technical Director and Scientific Director. The Executive and Technical Director and the Scientific
Director may be removed from office with sufficiently strong grounds;
(b)
(c)
(d)
Idem as in Decree No. 1662/96;
Idem as in Decree No. 1662/96;
Idem as in Decree No. 1662/96.
Legislative reference: National Decree No. 1662/96
Article 6
The resources of the National Commission on Space Activities shall be the following:
(a)
The appropriations allocated to it in the national budget, whose parliamentary approval shall be
administered through the national executive in conformity with the following procedure:
8
(b)
(c)
(d)
(e)
(I) Prior to each financial year, the Committee shall draw up an annual programme setting forth a
detailed analysis of all the projects foreseen for that period, together with an annual report on its
activities;
(II) The request seeking approval of the budgetary appropriations shall be formulated in respect of
each of the specific projects and also in respect of the annual programme in general;
Income from the economic and commercial operation of patents, licences, consultation, advisory
services, etc. deriving from the activities undertaken;
Assets deriving from assigned through the application of special laws;
Income allocated for the purpose of research and study projects;
Donations and legacies.
Article 7
The assets of the National Commission on Space Activities shall be constituted by the following:
(a)
The immovable property and installations belonging to the National Space Research Commission
(CNIE), located at Avenida Dorrego 4010 of the province of Federal Capital, the industrial plant of
Falda del Carmen in the province of Córdoba and the San Miguel Space Research Laboratory in the
province of Buenos Aires, such property and installations to be transferred to CONAE as its
administrative and technical headquarters;
(b)
Those assets which have to date been largely allocated by the Armed Forces and other State
authorities for the purposes of space activities; to this end, the Ministry of Defence shall carry out
within a period of thirty days a survey and corresponding inventory for their transfer;
(c)
All such shares, titles and obligations as may have been held by the National Space Research
Commission (CNIE) in or in respect of the enterprises DEA, IASA, IFAT Corporation, Consultec,
Desintec and Consen, and in respect of any other corporate entity, such shares, titles and obligations
to be maintained and exercised to the extent that their purpose is compatible with the objective and
aims of the National Commission on Space Activities (CONAE);
(d)
Any assets which it might acquire subsequently in conformity with the provisions of this Decree and
other relevant legislation.
Article 8
Decree No. 1,164 of 28 January 1960 is hereby revoked and the National Space Research Commission
(CNIE) hereby dissolved, it being provided that all elements, parts and components of the Condor II missile,
in all its versions and stages of development existing to date, shall be deactivated, dismantled, reconverted
and/or disabled in accordance with its possibilities for use for peaceful applications and purposes, in such a
manner as to reliably and finally bring about the complete and irreversible termination of the project in
question, its scientific staff, installations and equipment being transferred to the new National Commission
on Space Activities (CONAE).
Article 9
To be communicated, published and submitted to the National Department of Official Registration, and
filed.
9
NATIONAL DECREE No. 125/95, Establishment of the National Registry of Objects
Launched into Outer Space
[UNOFFICIAL TRANSLATION]
Buenos Aires, 19 July 1995
Official Gazette, 25 July 1995
Whereas the Argentine Republic is a party to the Convention on Registration of Objects Launched into
Outer Space,
Considering:
That, in accordance with article II of that international instrument, States shall register space objects
launched into Earth orbit or beyond by means of entries in an appropriate register which they shall maintain
for such purpose, and
That the present decree is issued in exercise of the powers conferred by article 99 (1) of the National
Constitution:
Article 1.
Article 2.
Article 3.
Article 4.
Article 5.
The National Registry of Objects Launched into Outer Space is hereby established under the
authority of the National Commission on Space Activities.
The registration of space objects shall be effected in the Registry by their owners and
operators, together with particulars of any rights, resolutions, contracts and other legal acts or
deeds relating thereto.
The registration of space objects in the Registry shall be mandatory and shall, in conformity
with the international regulations in force, confer national jurisdiction and control over the
registered space object, wherever it may be located.
Procedures conducted with the Registry shall be in writing. The National Commission on
Space Activities shall, as the implementing authority, regulate the functioning of the Registry
and the system of fees payable.
The following information shall be entered in the Registry:
(1) If the object has been launched jointly with one or more other launching States, the
international conventions concluded with such State or States;
(2) An appropriate designator of the space object;
(3) Anticipated date and territory or location of launch;
(4) Anticipated basic orbital parameters, including:
(a) Nodal period,
(b) Inclination,
(c) Apogee and
(d) Perigee;
(5) Anticipated general function of the space object;
(6) Name and address of the owners and/or operators of the space object;
(7) Identification of the firms participating in the construction of the space object and of its
launch vehicle;
(8) Identification of the launch service provider;
(9) Information on the insurances arranged;
(10) Identification of the party responsible for exercising control over the space object;
(11) Location and characteristics of the satellite tracking, telemetry and command (TTC)
station and of the master or tracking station, if applicable;
(12) On-board transmission power and frequencies of the space station;
(13) Mass of the space object;
(14) Anticipated useful life of the space object;
10
Article 6.
Article 7.
Article 8.
Article 9.
Article 10.
(15) Precautions taken with regard to non-pollution of outer space, including celestial bodies,
in particular whether mechanisms have been provided for placement in a transfer orbit at the
end of the useful life of the space object;
(16) Anticipated date of disintegration, recovery or loss of contact with the space object;
(17) Identifying mark located on non-disintegrable parts.
On completion of the space object’s mission or at the end of its useful life or on the occurrence
of any accident or incident which renders it unfit to meet its objective, the Registry shall be
notified with a view to recording such events.
The Registry shall furnish to the Secretary-General of the United Nations, through the
Ministry of Foreign Affairs, International Trade and Religion, General Directorate for
International Safety and Nuclear and Space Affairs, the information specified in article IV of
the Convention on Registration of Objects Launched into Outer Space.
The Registry shall be public. Any interested party may obtain a certified copy of the entries in
the Register by submitting a request to that effect to the authority responsible for the Registry.
The Ministry of Foreign Affairs, International Trade and Religion, General Directorate for
International Safety and Nuclear and Space Affairs, shall inform the Secretary-General of the
United Nations of the establishment of the Registry, in accordance with the provisions
contained in article II of the Convention on Registration of Objects Launched into Outer
Space.
To be communicated, published, transmitted to the National Department of Official
Registration and filed.
Signatories:
Menem — Di Tella
External Link: http://www.todoiure.com.ar/leyes/Decreto 125-95 Actividades espaciales.htm
AUSTRALIA
SPACE ACTIVITIES ACT 1998
No. 123, 1998
An Act about space activities, and for related purposes
Contents
[…]
An Act about space activities, and for related purposes
[Assented to 21 December 1998]
The Parliament of Australia enacts:
11
Part 1—Introduction
1
Short title
This Act may be cited as the Space Activities Act 1998.
2
Commencement
This Act commences on the day on which it receives the Royal Assent.
3
Objects of Act
The objects of this Act are:
(a)
to establish a system for the regulation of space activities carried on either from Australia or by
Australian nationals outside Australia; and
(b)
to provide for the payment of adequate compensation for damage caused to persons or property as a
result of space activities regulated by this Act; and
(c)
to implement certain of Australia’s obligations under the UN Space Treaties.
Note: This Act does not limit the operation of other laws of the Commonwealth (except so far as the other
laws are inconsistent with this Act): see section 105.
4
Simplified outline of Act
The following is a simplified outline of this Act:
•
Certain space activities carried on in Australia must be covered by an approval under Part 3.
•
An Australian national who carries on certain space activities outside Australia must also be covered
by such an approval.
•
Part 4 has rules about liability for damage that space activities cause.
•
A Register of Space Objects is established under Part 5.
•
Part 6 deals with civil penalties.
•
Part 7 provides for investigating accidents and incidents.
5
Act binds the Crown
(1)
This Act binds the Crown in each of its capacities.
Note: Division 1 of Part 3 does not bind the Commonwealth: see section 16.
(2)
However, this Act does not make the Crown liable to be prosecuted for an offence.
6
External Territories
This Act extends to the external Territories.
7
Application of Criminal Code
The Criminal Code applies to all offences against this Act.
Part 2—Definitions
8
Definitions
In this Act, unless the contrary intention appears:
accident has the meaning given by section 85.
accident site has the meaning given by section 98.
accident site premises has the meaning given by section 98.
approved scientific or educational organisation means an educational institution, a scientific organisation
or a non-profit body, in respect of which a declaration under section 8A is in force.
12
Australia, when used in a geographical sense, includes the external Territories.
Australian national means:
(a) an Australian citizen; or
(b) a body incorporated by or under a law of the Commonwealth, of a State or of a Territory; or
(c) the Commonwealth, a State or a Territory.
civil penalty provision has the meaning given by section 80.
damage has the same meaning as in the Liability Convention.
exemption certificate means a certificate issued under section 46.
fault has the same meaning as in the Liability Convention.
gross negligence has the meaning given by the regulations. But if the regulations do not give the term a
meaning, it has the same meaning as in the Liability Convention.
incident has the meaning given by section 86.
insured amount, for a launch permit, overseas launch certificate or section 43 authorization, means the
amount for which the holder of the permit, certificate or authorization is required to be insured under
Division 7 of Part 3 in respect of the launch or launches, and any return, covered by the permit, certificate or
authorization. In determining this amount, disregard paragraph 47(2)(b) (which deals with direct financial
responsibility).
Intergovernmental agreement with Russia means the Agreement between the Government of Australia and
the Government of the Russian Federation on Cooperation in the Field of the exploration and Use of Outer
Space for peaceful Purposes done at Canberra on 23 May 2001 the English text of which is set out in
Schedule 6, and includes that Agreement as amended from time to time in relation to Australia.
Investigator means a person appointed under section 88.
launch a space object means launch the object into an area beyond the distance of 100km above mean sea
level, or attempt to do so.
launch facility means a facility (whether fixed or mobile) or place specifically designed or constructed as a
facility or place from which space objects can be launched, and includes all other facilities at the facility or
place that are necessary to conduct a launch.
launching State has the same meaning as in the Liability Convention.
launch permit means a permit granted under section 26.
Launch Safety Officer, for a licensed launch facility, means the person appointed by the Minister under
section 50 for the facility.
launch vehicle means a vehicle that can carry a payload into or back from an area beyond the distance of
100km above mean sea level.
Liability Convention means the Convention on International Liability for Damage Caused by Space
Objects done at London, Moscow and Washington on 29 March 1972 and whose English text is set out in
Schedule 1.
liability period means:
(a) for the launch of a space object—the period of 30 days beginning when the launch takes place, or
such other period as is specified in the regulations; and
(b) for the return of a space object—the period beginning when the relevant re-entry manoeuvre is
begun and ending when the object has come to rest on Earth, or such other period as is specified in
the regulations.
licensed launch facility means a launch facility for which a person holds a space licence: see section 18.
occupier of premises includes a person present at the premises who apparently represents the occupier.
overseas launch certificate means a certificate granted under section 35.
payload includes a load to be carried for testing purposes or otherwise on a non-profit basis.
premises includes a place and a conveyance.
Register means the Register of Space Objects kept under section 76.
Registration Convention means the Convention on Registration of Objects Launched into Outer Space
done at New York on 14 January 1975 and whose English text is set out in Schedule 2.
related party has the meaning given by section 9.
responsible party, for the launch or return of a space object, means:
(a) in the case of a launch or return authorised by a launch permit—the holder of the permit; or
(b) in the case of a return authorised by a permission under subsection 43(1)—the holder of the
permission; or
13
(c) in the case of a return authorised by an agreement between the Minister and another person under
subsection 43(2)—that other person; or
(d) in the case of a launch or return that:
(i) is not authorised as mentioned in paragraph (a), (b) or (c); but
(ii) is covered by an exemption certificate (see section 46);
the holder of the exemption certificate; or
(e) in the case of a launch authorised by an overseas launch certificate—the holder of the certificate;
or
(f) in any other case—each of the following persons:
(i) the person or persons who carried out the launch or return of the space object;
(ii) any person who, at any time during the liability period for the launch or return, owned all
or some of any payload forming part of the space object concerned;
(iii) any other person specified in regulations made for the purposes of this definition.
But, in relation to a launch to which paragraph (f) applies, if the space object was launched from a
launch facility outside Australia, a person is only a responsible party if the person is also an
Australian national.
return a space object means return the space object from an area beyond the distance of 100km above mean
sea level to Earth, or attempt to do so.
space licence means a licence granted under section 18.
space object means a thing consisting of:
(a) a launch vehicle; and
(b) a payload (if any) that the launch vehicle is to carry into or back from outer space;
or any part of such a thing, even if:
(c) the part is to go only some of the way towards or back from outer space; or
(d) the part results from the separation of a payload or payloads from a launch vehicle after launch.
standard launch permit condition means a condition to which a launch permit is subject because of section
29.
third party, for the launch or return of a space object, means a person who is not a responsible party for
the launch or return and who is not a related party (see section 9) of any responsible party for the launch or
return.
UN space treaties means the following:
(a) the Liability Convention;
(b) the Registration Convention;
(c) the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer
Space, Including the Moon and Other Celestial Bodies done at London, Moscow and Washington on
27 January 1967 and whose English text is set out in Schedule 3;
(d) the Agreement Governing the Activities of States on the Moon and Other Celestial Bodies done at
New York on 18 December 1979 and whose English text is set out in Schedule 4;
(e) the Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects
Launched into Outer Space done at London, Moscow and Washington on 22 April 1968 and whose
English text is set out in Schedule 5.
8A Approved scientific or educational organisations The Minister may, by writing, declare an educational
institution, a scientific organisation or a non-profit body to be an approved scientific or educational
organisation for the purposes of the Act.
Note: Under subsection 33(3) of the Acts Interpretation Act 1901, the Minister may vary or revoke such a
declaration.
8B Guidelines for making a declaration
(1) The Minister must develop written guidelines that he or she must have regard to when deciding whether
or not to make a declaration under section 8A.
(2) The guidelines are to be made available for inspection on the Internet.
(3) The guidelines are a disallowable instrument for the purposes of section 46A of the Acts Interpretation
Act 1901.
8C Applying for a declaration
14
An application for a declaration under section 8A must be made in accordance with the regulations.
9
Related party
(1)
A person (the first person) is a related party of a responsible party for the launch or return of a space
object if:
(a) the first person has a financial or ownership interest in all or part of the space object; or
(b) the first person was involved in preparing all or part of the space object for the launch or return; or
(c) the first person is a contractor, subcontractor or supplier involved in the launch or return or the
preparation of all or part of the space object for the launch or return; or
(d) the first person is a director, officer, employee or agent of the responsible party.
However, the regulations may provide that specified persons are, or are not, related parties of a
responsible party.
(2)
Part 3—Regulation of space activities
10
Simplified outline
The following is a simplified outline of this Part:
•
•
•
•
•
Under Division 1, certain space activities are prohibited unless appropriate approvals are obtained.
The various approvals are dealt with in Division 2 (space licences), Division 3 (launch permits),
Division 4 (overseas launch certificates), Division 5 (return of overseas-launched space objects) and
Division 6 (exemption certificates).
Some of those approvals have insurance/financial requirements, which are set out in Division 7.
The Minister is to appoint a Launch Safety Officer for each licensed launch facility: see Division 8.
Division 9 has some rules about administration etc.
Division 1—Certain space activities require approvals etc.
11
Launch in Australia requires a launch permit or exemption certificate
If:
(a) a person launches a space object from a launch facility located in Australia; and
(b) the launch is not authorised by a launch permit held by any person; and
(c) no exemption certificate (see section 46) covering the launch is held by any person; and
(d) the launch is not conducted in accordance with any agreement of the kind mentioned in subsection
109(1);
the first-mentioned person is guilty of an offence punishable on conviction by:
(e) in the case of a body corporate—a fine not exceeding 100,000 penalty units; or
(f) in the case of an individual—imprisonment for a term not exceeding 10 years, or a fine not
exceeding 600 penalty units, or both.
Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2: See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.
12
Overseas launch requires an overseas launch certificate
If:
(a) a space object is launched from a launch facility located outside Australia; and
(b) the launch is not authorised by an overseas launch certificate held by any person; and
(c) an Australian national is a responsible party for the launch;
the Australian national is guilty of an offence punishable on conviction by:
(d) in the case of a body corporate—a fine not exceeding 100,000 penalty units; or
(e) in the case of an individual—imprisonment for a term not exceeding 10 years, or a fine not
exceeding 600 penalty units, or both.
Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
15
Note 2: See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.
13
Return to Australia of Australian-launched space object requires a launch permit or exemption
certificate
If:
(a) a person returns a space object to a place anywhere in Australia; and
(b) the object, or any part of it, was launched from a launch facility located in Australia; and
(c) the return is not authorised by a launch permit held by any person; and
(d) no exemption certificate (see section 46) covering the return is held by any person; and
(e) the return is not conducted in accordance with any agreement of the kind mentioned in subsection
109(1);
the first-mentioned person is guilty of an offence punishable on conviction by:
(f) in the case of a body corporate—a fine not exceeding 100,000 penalty units; or
(g) in the case of an individual—imprisonment for a term not exceeding 10 years, or a fine not
exceeding 600 penalty units, or both.
Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2: See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.
14
Return to Australia of overseas-launched space object requires authorization
If:
(a) a person returns a space object to a place anywhere in Australia; and
(b) neither the object, nor any part of it, was launched from a launch facility located within Australia;
and
(c) the return of the object to that place is not authorised under section 43;
the person is guilty of an offence punishable on conviction by:
(d) in the case of a body corporate—a fine not exceeding 100,000 penalty units; or
(e) in the case of an individual—imprisonment for a term not exceeding 10 years, or a fine not
exceeding 600 penalty units, or both.
Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2: See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.
15
Space licence required to operate a launch facility in Australia
A person must not operate a launch facility in Australia, or do anything directly connected with operating a
launch facility in Australia, using a particular kind of launch vehicle, unless:
(a)
the person holds a space licence (see Division 2) for the facility and the kind of launch vehicle; or
(b)
the person is a related party (see section 9), for any launches conducted from the facility, of a person
who holds such a licence; or
(c)
the person is acting as an employee, contractor or agent of a person who holds such a licence; or
(d)
an exemption certificate (see section 46) covering:
(i) the operation of the facility, or the things connected with the operation; and
(ii) the kind of launch vehicle;
is held by any person; or
(e)
the operation of the facility, or the things connected with the operation, are done in accordance with
an agreement of the kind mentioned in subsection 109(1).
Note: Contravening this section is not an offence. However, a person who contravenes this section is liable
to a civil penalty under Part 6.
16
Commonwealth not bound
This Division does not apply to:
(a)
the Commonwealth; or
(b)
a person acting as an employee or agent of the Commonwealth or as a member of the Defence Force.
16
Example: The Commonwealth and a private company are to carry out a launch as joint venturers. The
Commonwealth would not need a space licence or launch permit etc. to do so, but the private company
would (unless the company were acting as an agent of the Commonwealth, in which case it too would be
exempt from this Division).
17
(1)
(2)
Activities of international space organisations
If an agreement between Australia and another country or countries provides for the establishment of
an international organisation whose sole or principal function is to carry on activities in outer space,
this Division does not apply in relation to anything done in accordance with the agreement.
This section applies whether the agreement was made before or after the commencement of this Act.
Division 2—Space licences
18
Granting a space licence
The Minister may grant to a person a space licence covering a particular launch facility in Australia, a
particular kind of launch vehicle and particular flight paths, if:
(a) the Minister is satisfied that the person is competent to operate the launch facility and launch vehicles of
that kind; and
(aa) the person is a corporation to which paragraph 51(xx) of the Constitution applies; and
(b) the Minister is satisfied that all necessary environmental approvals under Australian law have been
obtained, and that an adequate environmental plan has been made, for the construction and operation of the
launch facility; and
(c) the Minister is satisfied that the person has sufficient funding to construct and operate the launch facility;
and
(d) the Minister is satisfied that the probability of the construction and operation of the launch facility
causing substantial harm to public health or public safety or causing substantial damage to property is as low
as is reasonably practicable; and
e) the Minister does not consider that, for reasons relevant to Australia’s national security, foreign policy or
international obligations, the space licence should not be granted; and
(f) the criteria (if any) prescribed by the regulations are satisfied in relation to the launch facility; and
(g) the criteria (if any) prescribed by the regulations are satisfied in relation to that kind of launch vehicle;
and
(h) the criteria (if any) prescribed by the regulations are satisfied in relation to each flight path specified in
the application for the licence.
Example: For the purposes of paragraph (g), the regulations could prescribe criteria dealing with matters
such as the design of the launch vehicle
Note: Under subsection 33(3) of the Acts Interpretation Act 1901, the Minister may vary or revoke a space
licence.
19
Terms of space licence
A space licence:
(a)
must specify the day on which it comes into force; and
(b)
remains in force for the period specified in the licence, which must be no longer than 20 years; and
(c)
is granted subject to the standard space licence conditions in section 20 and any other conditions
specified in the licence.
20
Standard space licence conditions
The following are conditions of each space licence granted to a person, except to the extent that the licence
otherwise specifies:
(a)
the holder of the licence must give the Minister any information that the Minister asks for under
section 60 about the licence;
(b)
the holder must:
17
(c)
(i) allow the Launch Safety Officer for the facility (see Division 8) reasonable access to the facility
and to any space object at the facility; and
(ii) ensure that the Launch Safety Officer is given any information or assistance that the Launch
Safety Officer reasonably requests for the proper performance of a function;
any other condition specified in the regulations.
21
Breaching a space licence condition
The holder of a space licence must not contravene a condition of the licence.
Note: Contravening this section is not an offence. However, a person who contravenes this section is liable
to a civil penalty under Part 6.
22
Transfer of space licence
(1)
(5)
The Minister may, by written notice, transfer a space licence to another person if the Minister could
grant the space licence to the other person under section 18.
The transfer takes effect at the time specified in the notice.
The licence continues to cover the same launch facility and the same kind of launch vehicle.
The licence has effect subject to the same conditions as the original licence (unless the Minister
varies the conditions).
The period for which the licence remains in force continues to run despite the transfer.
23
Applying for the grant, variation or transfer of a space licence
(2)
(3)
(4)
An application for the grant, variation or transfer of a space licence must be made in accordance with the
regulations.
24
Procedure etc.
(1)
If the Minister considers that there may be grounds to vary, revoke or transfer a space licence (other
than at the licensee’s request), the Minister must:
(a) give the licensee written notice of the Minister’s opinion specifying the reasons for that opinion;
and
(b) invite the licensee to make a written submission to the Minister about the matter within a
reasonable period specified in the notice.
(2)
In deciding whether to vary, revoke or transfer a space licence, the Minister must consider the matters
raised in any submission received within the period specified in the notice.
(3)
A space licence must not be varied in a way that changes the location of the licensed launch facility.
(4) The regulations may prescribe other ways in which a space licence must not be varied.
25
Suspending a space licence
(1)
(3)
The Minister may, by written notice, suspend a space licence if:
(a) the holder of the licence contravenes a condition of the licence; or
(b) the Minister considers that, for reasons relevant to Australia’s national security, foreign policy or
international obligations, the licence should be suspended.
Note: Under subsection 33(3) of the Acts Interpretation Act 1901, the Minister may revoke a
suspension.
A space licence has no effect while suspended, but the period for which it remains in force continues
to run despite the suspension.
A space licence may be revoked or varied even while it is suspended.
25A
Annual review of space licence
(2)
The Minister may conduct an annual review of a space licence:
(a) for the purpose of monitoring compliance by the licence holder with this Act and the conditions of the
licence; or
18
(b) for any other reason that the Minister considers appropriate.
Division 3—Launch permits
26
Granting a launch permit
(1)
The Minister may grant a launch permit to a person authorising:
(a) the launch of a particular space object; or
(b) a particular series of launches of space objects that, in the Minister’s opinion, having regard to the
nature of any payloads to be carried, may appropriately be authorised by a single launch permit;
from a specified launch facility in Australia using a specified kind of launch vehicle.
Note: Under subsection 33(3) of the Acts Interpretation Act 1901, the Minister may vary or revoke a launch
permit granted under this section.
(2)
The launch permit may also authorise particular space objects to be returned, in connection with the
launch or launches, to a specified place or area in Australia.
Note: A returning space object need not be the same as the space object launched. For example, a launch
vehicle could carry a payload into an area beyond the distance of 100km above mean sea level and return
without it, or even collect a different payload from an area beyond the distance of 100km above mean sea
level and return that to Earth.
(3) The Minister may grant the launch permit to the person only if all of the following criteria are
satisfied:
(a) the person holds a space licence (see Division 2) covering the launch facility and the kind of
launch vehicle concerned;
(b) the person is a corporation to which paragraph 51(xx) of the Constitution applies;
(c) the Minister is satisfied that the person who is to carry out the launch or launches, and any
connected return, is competent to do so;
(d) the Minister is satisfied that the insurance/financial requirements in Division 7 will be satisfied for
the launch or launches, and any connected return;
(e) the Minister is satisfied that the probability of the launch or launches, or any connected return,
causing substantial harm to public health or public safety or causing substantial damage to property is
as low as reasonably practicable;
(f) the space object or objects concerned are not and do not contain a nuclear weapon or a weapon of
mass destruction of any other kind;
(g) the Minister does not consider that, for reasons relevant to Australia’s national security, foreign
policy or international obligations, the launch permit should not be granted;
(h) any other criteria prescribed by the regulations.
(4)
If a country other than Australia is also a launching State for the space object or any of the space
objects, the Minister may, in deciding whether to grant the launch permit, have regard to:
(a) whether there is an agreement between Australia and that other country under which that country
assumes any liability, and indemnifies Australia, for any damage that the space object or objects may
cause; and
(b) the terms of that agreement.
Note: This subsection does not, by implication, limit the matters to which the Minister may have regard.
27
Australian launches: continuing requirement for space licence
If the launch facility specified in a launch permit is in Australia, the permit has no effect during any period
when the holder of the permit does not also hold a space licence (see Division 2) covering the facility and
the kind of launch vehicle concerned.
28
Terms of launch permit
(1)
A launch permit authorising the launch of a space object or objects, and any connected return:
(a) must specify the day on which it comes into force and the period for which it remains in force;
and
19
(2)
(3)
29
(b) is granted subject to the standard launch permit conditions in section 29 and any other conditions
specified in the regulations or in the launch permit.
A launch permit may specify that the period during which it remains in force ends on the occurrence
of a particular event (rather than at a specified time). For this purpose, the regulations may set out
how to determine when events of a particular kind occur.
Example: A launch permit might specify that it expires when the relevant launch has been
(successfully or unsuccessfully) completed. The regulations could set out how to determine when this
is.
At any time when a launch permit is in force, the Minister may, by written notice, extend or further
extend the period for which the permit remains in force.
Standard launch permit conditions
The following are conditions of each launch permit (called standard launch permit conditions), except to the
extent that the permit otherwise specifies:
(a)
the launch or launches, and any connected return, must not be conducted in a way that is likely to
cause substantial harm to public health or public safety or to cause substantial damage to property;
(b)
the space object or objects must not be or contain a nuclear weapon or a weapon of mass destruction
of any other kind;
(c)
the space object or objects must not contain any fissionable material unless the Minister’s written
approval has first been obtained;
(d)
the holder of the permit must satisfy the insurance/financial requirements in Division 7 for each
launch, and each return, conducted under the permit.
30
Breaching a launch permit condition
(1)
The holder of a launch permit must not contravene a condition of the launch permit (whether or not
the condition is a standard launch permit condition).
Note: Contravening this subsection is not an offence. However, a person who contravenes this
subsection is liable to a civil penalty under Part 6.
(2)
If the holder of a launch permit:
(a) by any intentional act or omission, contravenes a standard launch permit condition (see section
29) of the permit; and
(b) is reckless as to whether the act or omission contravenes the condition;
the holder is guilty of an offence punishable on conviction by:
(c) in the case of a body corporate—a fine not exceeding 100,000 penalty units; or
(d) in the case of an individual—imprisonment for a term not exceeding 10 years, or a fine not
exceeding 600 penalty units, or both.
Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2: See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.
(3)
The Minister may take civil proceedings under Part 6 against a person who is alleged to have
breached a standard launch permit condition of a launch permit, as an alternative to prosecution for an
offence against subsection (2).
31
Transfer of launch permit
(1) The Minister may, by written notice, transfer a launch permit to another person if the Minister could
grant the launch permit to the other person under section 26.
(2) The transfer takes effect at the time specified in the notice.
(3) The permit continues to cover the same launch facility, the same kind of launch vehicle and the same
space object or objects.
(4) The permit has effect subject to the same conditions as the original permit (unless the Minister varies
the conditions).
(5) The period for which the permit remains in force continues to run despite the transfer.
20
32
Applying for the grant, variation or transfer of a launch permit
An application for the grant, variation or transfer of a launch permit must be made in accordance with the
regulations.
33
Procedure etc.
(1) If the Minister considers that there may be grounds to vary, revoke or transfer a launch permit (other than
at the permit holder’s request), the Minister must:
(a) give the holder of the permit written notice of the Minister’s opinion specifying the reasons for
that opinion; and
(b) invite the holder to make a written submission to the Minister about the matter within a
reasonable period specified in the notice.
(2) In deciding whether to vary, revoke or transfer the permit, the Minister must consider the matters raised
in any submission received within the period specified in the notice.
(3) A launch permit must not be varied in a way that changes the location of the relevant launch facility.
(4) The regulations may prescribe other ways in which a launch permit must not be varied.
34
Suspending a launch permit
(1) The Minister may, by written notice, suspend a launch permit if:
(a) the holder of the permit contravenes a condition of the permit; or
(b) the Minister considers that, for reasons relevant to Australia’s national security, foreign policy
or international obligations, the permit should be suspended; or
(c) an incident involving a space object covered by the permit occurs during the liability period for
the launch or return of the object.
Note: Under subsection 33(3) of the Acts Interpretation Act 1901, the Minister may revoke a suspension.
(2)
A launch permit has no effect while suspended, but the period for which it remains in force
continues to run despite the suspension.
(3)
A launch permit may be revoked or varied even while it is suspended.
Division 4—Overseas launch certificates
35
Granting an overseas launch certificate
(1)
The Minister may grant an overseas launch certificate to a person authorising:
(a) the launch of a particular space object; or
(b) a particular series of launches of space objects that, in the Minister’s opinion, having regard to the
nature of any payloads to be carried, may appropriately be authorised by a single overseas launch
certificate;
from a specified launch facility outside Australia using a specified kind of launch vehicle.
Note 1: Overseas launch certificates are only required if an Australian national would be a
responsible party for the launch—see section 12.
Note 2: Under subsection 33(3) of the Acts Interpretation Act 1901, the Minister may vary or revoke
an overseas launch certificate granted under this section.
(2)
The Minister may grant the overseas launch certificate to the person only if all of the following
criteria are satisfied:
(a) the Minister is satisfied either:
(i) that the insurance/financial requirements in Division 7 will be satisfied for each launch to
be conducted under the certificate; or
(ii) that, having regard to the nature and purpose of the space object or space objects
concerned, it is not necessary to insist that those insurance/financial requirements be satisfied;
(b) the Minister is satisfied that the probability of the launch or launches causing substantial harm to
public health or public safety or causing substantial damage to property is sufficiently low;
21
(c) the Minister does not consider that, for reasons relevant to Australia’s national security, foreign
policy or international obligations, the overseas launch certificate should not be granted;
(d) any other criteria prescribed by the regulations.
(3) The Minister may, in deciding whether to grant the overseas launch certificate, have regard to:
(a) whether there is an agreement or arrangement between Australia and the other launching State, or
any of the other launching States, under which that State or those States assume liability, and
indemnify Australia, for any damage that the space object or objects may cause; and
(b) the terms of that agreement or arrangement.
Note: This subsection does not, by implication, limit the matters to which the Minister may have regard.
36
Terms of overseas launch certificate
(1)
An overseas launch certificate authorising the launch of a space object or objects:
(a) must specify the day on which it comes into force and the period for which it remains in force;
and
(b) is granted subject to any conditions specified in the certificate.
An overseas launch certificate may specify that the period during which it remains in force ends on
the occurrence of a particular event (rather than at a specified time). For this purpose, the regulations
may set out how to determine when events of a particular kind occur.
Example: An overseas launch certificate might specify that its period expires when the relevant
launch has been (successfully or unsuccessfully) completed. The regulations could set out how to
determine when this is.
At any time when an overseas launch certificate is in force, the Minister may, by written notice,
extend or further extend the period for which the certificate remains in force.
Breaching a condition
(2)
(3)
37
The holder of an overseas launch certificate must not contravene a condition of the certificate.
Note: Contravening this section is not an offence. However, a person who contravenes this section is liable
to a civil penalty under Part 6.
38
Transfer of overseas launch certificate
(1) The Minister may, by written notice, transfer an overseas launch certificate to another person if the
Minister would have power to grant the overseas launch certificate to the other person under section 35.
(2) The transfer takes effect at the time specified in the notice.
(3) The certificate continues to cover the same launch facility, the same kind of launch vehicle and the same
space object or objects.
(4) The certificate has effect subject to the same conditions as the original certificate (unless the Minister
varies the conditions).
(5) The period for which the certificate remains in force continues to run despite the transfer.
39
Applying for the grant, variation or transfer of an overseas launch certificate
An application for the grant, variation or transfer of an overseas launch certificate must be made in
accordance with the regulations.
40
Procedure etc.
(1)
If the Minister considers that there may be grounds to vary, revoke or transfer an overseas launch
certificate (other than at the certificate holder’s request), the Minister must:
(a) give the holder of the certificate written notice of the Minister’s opinion specifying the reasons for
that opinion; and
(b) invite the holder to make a written submission to the Minister about the matter within a reasonable
period specified in the notice.
In deciding whether to vary, revoke or transfer the certificate, the Minister must consider the matters
raised in any submission received within the period specified in the notice.
(2)
22
(3)
An overseas launch certificate must not be varied in a way that changes the location of the relevant
launch facility.
41
Suspending an overseas launch certificate
(1)
The Minister may, by written notice, suspend an overseas launch certificate if:
(a) the holder of the certificate contravenes a condition of the certificate; or
(b) in a subparagraph 35(2)(a)(i) case—the Minister is satisfied that the insurance/financial
requirements in Division 7 are not satisfied for a launch to be conducted under the certificate; or
(c) the Minister considers that, for reasons relevant to Australia’s national security, foreign policy or
international obligations, the certificate should be suspended.
Note: Under subsection 33(3) of the Acts Interpretation Act 1901, the Minister may revoke a
suspension.
An overseas launch certificate has no effect while suspended, but the period for which it remains in
force continues to run despite the suspension.
An overseas launch certificate may be revoked or varied even while it is suspended.
(2)
(3)
Division 5—Authorization of return of overseas-launched space objects
42
Scope of Division
This Division applies if:
(a) a space object is launched, or is proposed to be launched, from a launch facility outside Australia; and
(b) in connection with that launch, a space object is proposed to be returned to an area or place within
Australia.
Note: The returning space object need not be the same as the space object launched. For example, a launch
vehicle could carry a payload into an area beyond the distance of 100km above mean sea level and return
without it, or even collect a different payload from outer space and return that to Earth
43
Returns may be authorised by permission or by agreement
(1) The Minister may give a person written permission authorising:
(a) the return of the space object concerned to a specified place or area in Australia; or
(b) a particular series of such returns that, in the Minister’s opinion, having regard to the nature of the space
objects to be returned, may appropriately be authorised by a single permission.
Note: Under subsection 33(1) of the Acts Interpretation Act 1901, the Minister may vary or revoke an
authorization granted under this section.
(2) Alternatively, the Minister may, on behalf of the Commonwealth, enter into an agreement with a person
under which such a return or such a series of returns is authorised.
(3) The return or returns may be authorised under this section only if all of the following criteria are
satisfied:
(a) the Minister is satisfied that the person who is to carry out the return or returns is competent to
do so;
(b) the Minister is satisfied that the insurance/financial requirements in Division 7 will be satisfied
for the return or returns;
(c) the Minister is satisfied that the probability of the return or returns causing substantial harm to
public health or public safety or causing substantial damage to property is as low as reasonably
practicable;
(d) the space object or objects concerned are not and do not contain a nuclear weapon or a weapon
of mass destruction of any other kind;
(e) the Minister does not consider that, for reasons relevant to Australia’s national security, foreign
policy or international obligations, the authorization should not be given;
(f) any other criteria prescribed by the regulations.
(4) The Minister may, in deciding whether to give an authorization under this section, have regard to:
23
(a) whether there is an agreement or arrangement between Australia and any country that is a
launching State for any space object concerned under which that country assumes any liability, and
indemnifies Australia, for any damage that the space object may cause; and
(b) the terms of that agreement or arrangement.
Note: This subsection does not, by implication, limit the matters to which the Minister may have regard.
(5) An authorization under this section may be given subject to any conditions that the Minister determines.
44
Offences relating to returns
(1)
If a person returns a space object purportedly in accordance with an authorization of the kind
mentioned in section 43 and:
(a) the return is conducted in a way that is likely to cause substantial harm to public health or public
safety or to cause substantial damage to property; or
(b) the space object is or contains a nuclear weapon or a weapon of mass destruction of any other
kind; or
(c) the space object contains any fissionable material and the Minister’s written approval for this has
not first been obtained; or
(d) the insurance/financial requirements in Division 7 are not satisfied for the return;
the person is guilty of an offence punishable on conviction by:
(e) in the case of a body corporate—a fine not exceeding 100,000 penalty units; or
(f) in the case of an individual—imprisonment for a term not exceeding 10 years, or a fine not
exceeding 600 penalty units, or both.
Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2: See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.
(2)
The Minister may take civil proceedings under Part 6 against a person who is alleged to have
committed an offence against subsection (1), as an alternative to prosecution.
45
Breaching a condition
A person who is authorised under section 43 to return a space object must not contravene a condition of the
authorization.
Note: Contravening this section is not an offence. However, a person who contravenes this section is liable
to a civil penalty under Part 6.
45A
Applying for an authorization or for the variation of an authorization
An application for an authorization under section 43, or for the variation of such an authorization, must be
made in accordance with the regulations.
45B
Procedure etc.
(1) If the Minister considers that there may be grounds to vary or revoke an authorization under section 43
(other than at the authorization holder’s request), the Minister must:
(a) give the holder of the authorization written notice of the Minister’s opinion specifying the
reasons for that opinion; and
(b) invite the holder to make a written submission to the Minister about the matter within a
reasonable period specified in the notice.
(2) In deciding whether to vary or revoke the authorization, the Minister must consider the matters raised in
any submission received within the period specified in the notice.
45C
Suspending an authorization under section 43
(1) The Minister may, by written notice, suspend an authorization under section 43 if:
(a) the holder of the authorization contravenes a condition of the authorization; or
(b) the Minister considers that, for reasons relevant to Australia’s national security, foreign policy
or international obligations, the authorization should be suspended; or
24
(c) an incident involving a space object covered by the authorization occurs during the liability
period for the return of the object.
Note: Under subsection 33(3) of the Acts Interpretation Act 1901, the Minister may revoke a suspension.
(2). An authorization under section 43 has no effect while suspended.
(3) An authorization under section 43 may be varied or revoked even while it is suspended.
Division 6—Exemption certificates
46
Exemption certificates
(1)
The Minister may issue to any person an exemption certificate covering specified conduct that might
otherwise be prohibited under section 11, 13 or 15.
Note 1: Under subsection 33(3) of the Acts Interpretation Act 1901, the Minister may vary or revoke
an exemption certificate.
Note 2: Under subsection 33(3A) of the Acts Interpretation Act 1901, conduct may be specified by
reference to a particular class or classes of conduct.
The regulations may set out matters to which the Minister must have regard in deciding whether to
issue an exemption certificate.
Example: The regulations might set out criteria such as whether a launch would be in the national
interest or would confer a significant national benefit, whether there is a risk that a launch might
cause substantial harm to public health or public safety or damage to property or whether there is a
risk that a launch might expose the Commonwealth to liability for damage caused.
Note: This subsection does not, by implication, limit the matters to which the Minister may have
regard.
Within 7 sitting days of issuing an exemption certificate under this section, the Minister must cause a
copy of the exemption certificate to be tabled in each House of the Parliament.
(2)
(3)
46A
Terms of exemption certificate
(1) An exemption certificate:
(a) comes into force on a specified day or when a specified event happens; and
(b) remains in force for a specified period (which may be a period that ends on occurrence of a specified
event).
(2) For the purposes of subsection (1), the regulations may set out how to determine when events of a
particular kind occur.
(3) At any time when an exemption certificate is in force, the Minister may, by written notice, extend or
further extend the period for which the certificate remains in force.
(4) An exemption certificate is granted subject to any conditions specified in the certificate.
46B
Breaching a condition
The holder of an exemption certificate must not contravene a condition of the certificate.
Note: Contravening this section is not an offence. However, a person who contravenes this section is liable
to a civil penalty under Part 6.
Division 7—Insurance/financial requirements
47
Satisfying the insurance/financial requirements
(1) This Division sets out the insurance/financial requirements mentioned in Divisions 3, 4 and 5.
(2) The holder of a launch permit, overseas launch certificate or section 43 authorization, covering a launch
or return, satisfies the insurance/financial requirements for the launch or return if:
(a) throughout the liability period for the launch or return, the insurance requirements in section 48
are satisfied; or
25
(b) the holder has, in accordance with the regulations, shown direct financial responsibility for the
launch or return for an amount not less than the amount that would otherwise have been applicable
under subsection 48(3) for the launch or return.
48
Insurance requirements
(1). The insurance requirements are satisfied for:
(a) a launch or return authorised by a launch permit; or
(b) a return authorised under section 43;
if:
(c) the holder of the permit or authorization is insured (to the extent required by subsection (3))
against any liability that the holder might incur under this Act to pay compensation for any damage to
third parties that the launch or return causes; and
(d) the Commonwealth is insured (to the extent required by subsection (3)) against any liability that
the Commonwealth might incur, under the Liability Convention or otherwise under international law,
to pay compensation for such damage.
Note 1: The insurance cover mentioned in paragraphs (c) and (d) may be provided by separate
policies. Alternatively, the holder of the permit or authorization could take out a single policy that
insures both the holder and the Commonwealth.
Note 2: The Commonwealth is under no duty to take out any insurance cover under this subsection—
the onus is on the holder of the permit or authorization to ensure that the insurance/financial
requirements are satisfied.
(2) The insurance requirements are satisfied for a launch authorised by an overseas launch certificate if the
Commonwealth is insured (to the extent required by subsection (3)) against any liability of the
Commonwealth, under the Liability Convention or otherwise under international law, to pay
compensation for any damage to third parties that the launch causes.
Note 1: The holder of the certificate could take out a single policy that insures both the holder and the
Commonwealth.
Note 2: The Commonwealth is under no duty to take out any insurance cover under this subsection—
the onus is on the holder of the certificate to ensure that the insurance/financial requirements are
satisfied.
(3) The total insurance, for each launch or return concerned, must be for an amount not less than the lesser of
the amount of $750 million (as indexed from time to time in accordance with the regulations) and:
(a) the amount of the maximum probable loss that may be incurred in respect of damage to third
parties caused by the launch or return, as determined using the method set out in the regulations; or
(b) if the regulations set out a different method of determining a minimum amount for the purposes of
this subsection—the amount determined using that method.
49
Additional insurance not precluded
Nothing in this Act prevents any person from taking out any additional insurance.
Division 8—Launch Safety Officer
50
Launch Safety Officer
For each licensed launch facility, the Minister must, by writing, appoint a Launch Safety Officer. The same
person may be Launch Safety Officer for more than one facility.
51
Functions of Launch Safety Officer
The functions of the Launch Safety Officer for a licensed launch facility are:
(a) to ensure that notice is given, in accordance with the regulations, of launches conducted at the
facility; and
(aa) to ensure that notice is given, in accordance with the regulations, of returns of space objects
that were launched from the facility; and
26
(b) to ensure that no person or property is endangered by any launch conducted at the facility, until
the space object is safely in Earth orbit or beyond; and
(ba) to ensure that no person or property is endangered by any return of a space object that was
launched from the facility; and
(c) to monitor the compliance by persons who hold a space licence or launch permit relating to the
facility with this Act and with the conditions of the licence or permit.
52
Powers of Launch Safety Officer
(1) The Launch Safety Officer for a licensed launch facility may do all things that are reasonably necessary
or convenient to be done for the performance of his or her functions.
(2) In particular, the Launch Safety Officer for a licensed launch facility may:
(a) with the consent of the holder of the relevant space licence, or of any person authorised by the
holder to give that consent:
(i) enter and inspect the facility and any space object at the facility; and
(ii) inspect and test any other equipment at the facility; and
(b) ask the holder, or any employee, agent or contractor of the holder, to give him or her any
information or assistance, for which he or she reasonably asks, to assist in the proper performance
of his or her functions; and
(c) give any directions about the launch of a space object carried out, or proposed to be carried out,
at the facility that he or she considers necessary to avoid any danger to public health or to persons
or property, including directions to stop the launch or destroy the space object (whether before or
after it is launched); and
(d) give any directions about the return of a space object that was launched from the facility that he
or she considers necessary to avoid any danger to public health or to persons or property, including
directions to stop the return or destroy the space object.
(3) The Launch Safety Officer’s powers under this section do not entitle him or her to enter a licensed launch
facility without the consent of the holder of the relevant space licence or of a person authorised by the holder
to give that consent.
(4) The Launch Safety Officer for a licensed launch facility is not entitled to exercise any powers under this
section at or on the facility if:
(a) the holder of the relevant space licence, or an employee or agent of the holder, has required the
Launch Safety Officer to show identification; and
(b) the Launch Safety Officer fails to comply with the requirement.
(5) The Launch Safety Officer’s functions and powers do not entitle him or her to be involved in the normal
business operations of the holder of a space licence or launch permit.
53
Offence of failing to comply with directions
A person who fails to comply with a direction that the Launch Safety Officer for a licensed launch facility
gives under paragraph 52(2)(c) or (d) is guilty of an offence. Maximum penalty: 100 penalty units.
Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2: See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.
54
Procedure for giving and complying with directions
(1) The regulations may prescribe the procedure to be followed by:
(a) the Launch Safety Officer for a licensed launch facility in giving directions under paragraph
52(2)(c); and
(b) any person to whom the Launch Safety Officer gives such a direction.
(2) The regulations may prescribe penalties not exceeding 100 penalty units for contravening regulations
made for the purposes of paragraph (1)(b) of this section.
27
55
Launch Safety Officer to comply with Minister’s instructions
(1) In performing a function or exercising a power under this Act, the Launch Safety Officer for a licensed
launch facility must comply with any instructions the Minister gives the Launch Safety Officer.
(2) The Minister may give different instructions for different licensed launch facilities.
(3) Within 15 sitting days of giving an instruction to a Launch Safety Officer the Minister must cause a copy
of the instruction to be tabled in each House of the Parliament.
56
Seizures in emergency situations
(1) If, while exercising powers at or on a licensed launch facility, the Launch Safety Officer for the facility
suspects, on reasonable grounds, that:
(a) a thing relevant to an offence against this Act is at or on the facility; and
(b) because the circumstances are so serious and urgent, it is necessary to:
(i) search the facility, and any receptacle at or on the facility, for the thing; or
(ii) seize the thing;
to stop the thing from being concealed, lost or destroyed;
the Launch Safety Officer may do so.
(2) The Launch Safety Officer’s functions and powers do not entitle him or her to seize anything otherwise
than in accordance with this section.
57
Launch Safety Officer may obtain assistance
The Launch Safety Officer for a licensed launch facility may arrange for other persons to assist him or her in
the performance of his or her functions for the facility.
58
Identity cards
(1)
(2)
(3)
The Minister must issue the Launch Safety Officer for a licensed launch facility with an identity card.
An identity card must include a recent photograph of the person.
As soon as practicable after a person ceases to be the Launch Safety Officer for a licensed launch
facility, the person must return his or her identity card to the Minister.
A person who fails to do so is guilty of an offence.
(4)
Maximum penalty: 1 penalty unit.
Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2: See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.
Division 9—Administration etc.
59
Fees
(1) The applicant for a launch permit, or for a transfer or variation of a launch permit, must pay the
Commonwealth any fee the regulations set in respect of the application.
(2) The applicant for an overseas launch certificate, or for a transfer or variation of an overseas launch
certificate, must pay the Commonwealth any fee the regulations set in respect of the application.
(2A) The applicant for an authorization under section 43, or for the variation of such an authorization, must
pay the Commonwealth any fee the regulations set in respect of the application.
(3) The applicant for a space licence or for a transfer or variation of a space licence must pay the
Commonwealth any fee the regulations set in respect of the application.
(3A) The holder of a space licence must pay the Commonwealth any annual licence fee the regulations set in
respect of the licence.
(4) The applicant for an exemption certificate must pay the Commonwealth any fee the regulations set in
respect of the
application.
(5) A person who inspects the Register must pay the Commonwealth any fee the regulations set in respect of
the inspection.
28
(6) The regulations may set a fee mentioned in this section by setting the amount of the fee or a way of
working out the fee.
(6A) The regulations may make provision for approved scientific or educational organisations to be charged
different fees under this section than other persons.
(7) A fee must not be such as to amount to taxation.
(8) The regulations may specify the time for payment of a fee.
(9) The regulations may prescribe the circumstances in which the Minister may wholly or partly waive fees
that would otherwise be payable under this section.
59
Request for information
The Minister may, by written notice, ask:
(a) an applicant for, or the holder of, a space licence; or
(b) an applicant for, or the holder of, a launch permit; or
(c) an applicant for, or the holder of, an overseas launch certificate; or
(d) an applicant for, or the holder of, an authorization under section 43; to give the Minister, within the
period specified in the notice, any information the Minister requires for the purposes of performing
functions or exercising powers under this Act in relation to the licence, permit, certificate or authorization.
60
Review of decisions
An application may be made to the Administrative Appeals Tribunal for review of any decision of the
Minister:
(a) refusing to grant, vary or transfer a space licence; or
(b) varying, revoking, suspending or transferring a space licence; or
(c) refusing to grant, vary or transfer a launch permit or overseas launch certificate; or
(d) varying, revoking, suspending or transferring a launch permitor overseas launch certificate; or
(e) refusing to extend, or further extend, the period for which a launch permit or overseas launch
certificate remains in force; or
(f) refusing to give or vary an authorization under section 43; or
(g) varying, revoking or suspending an authorization under section 43; or
(h) refusing to grant or vary an exemption certificate; or
(i) varying or revoking an exemption certificate; or
(ia) refusing to extend, or further extend, the period for which an exemption certificate remains in force;
or
(j) imposing a particular condition or conditions on a space licence, launch permit, overseas launch
certificate, authorization under section 43 or exemption certificate;
(k) refusing to make a declaration under section 8A; or
(l) varying or revoking a declaration under section 8A.
62
Notice of decisions
If the Minister varies, revokes, suspends, reinstates or transfers a space licence, launch permit, overseas
launch certificate, exemption certificate or authorization under section 43, the Minister must publish in the
Gazette a notice that this has happened.
Part 4—Liability for damage by space objects
Division 1—Scope of Part
63
Damage covered
(1) This Part applies to damage a space object causes if:
(a) either:
(i) the object is launched from a launch facility inAustralia; or
(ii) Australia is a launching State in relation to the object; and
29
(b) the damage is caused during the liability period for the launch.
(2) This Part also applies to damage a space object causes if:
(a) the object is returned to a place in Australia; and
(b) the damage is caused during the liability period for the return.
(2A) This Part also applies to damage a space object causes if:
(a) either:
(i) the object is launched from a launch facility in Australia; or
(ii) Australia is a launching State in relation to the object; and
(b) the object is returned to a place outside Australia; and
(c) the damage is caused during the liability period for the return.
(3) This Part applies to damage mentioned in subsection (1), (2) or (2A):
(a) whether the damage happens on Earth, in the air or in space; and
` (b) whether the damage happens in Australia or outside it; and
(c) whether or not the launch or return was authorised under this Act; and
(d) whether or not the launch or return was covered by an exemption certificate.
64
Compensation for third party damage by space objects to be determined solely under this Part
(1) Compensation for damage to which this Part applies caused to third parties is only payable in accordance
with this Part.
(2) However, this section does not prevent Australia from complying with any obligation to pay
compensation under the Liability Convention, or otherwise under international law, for such damage.
Note: This section does not affect the rights of persons who are not third parties (for example, employees of
a responsible party) from seeking compensation outside of this Act for damage to which this Part applies.
However, see also section 65 (which allows the regulations to make provision in relation to the waiver of
such rights).
65
Regulations about waivers
The regulations may make provision in relation to the waiver of some or all of the rights of persons
connected with a launch or return, and of their employees, contractors and subcontractors, to seek
compensation for damage to which this Part applies.
Division 2—Liability for third party damage
Subdivision A—Rules for damage caused by launches and most returns
66
Scope of Subdivision
This Subdivision applies to all damage to which this Part applies, except for damage a space object causes in
connection with the return of the space object where:
(a)
neither the object, nor any part of it, was launched from a launch facility located within Australia; and
(b)
the responsible party for the return is not an Australian national.
Note: Subdivision B deals with that other kind of damage.
67
Damage on Earth or in the air
(1)
The responsible party for the launch or return of a space object is liable to pay compensation for any
damage the space object causes to a third party:
(a) on Earth; or
(b) as a result of damage to aircraft in flight.
However, the responsible party is not liable to the extent that the responsible party establishes that the
damage resulted from:
(a) the gross negligence of the third party; or
(2)
30
(b) any conduct (whether by act or omission) that the third party engaged in with intent to cause the
damage.
68
Damage to other space objects
The responsible party for the launch or return of a space object is liable to pay compensation for any damage
the space object causes, otherwise than on Earth or as a result of damage to aircraft in flight:
(a)
to a space object launched or operated by a third party; or
(b)
to a third party, or the property of a third party, on board such a space object;
to the extent that the damage is due to the fault of the responsible party or of a related party.
69
Limit on amount of permit or certificate holder’s liability
(1) This section applies if:
(a) the launch or return of a space object that causes damage covered by this Subdivision was
authorised by a launch permit; and
(b) the damage did not result from a breach of any of the conditions of the permit or of the relevant
space licence, from any conduct (whether by act or omission) that the responsible party or a related
party engaged in with intent to cause the damage or from the gross negligence of the responsible
party or a related party.
(2) This section also applies if:
(a) the launch of a space object that causes damage covered by this Subdivision was authorised by
an overseas launch certificate; and
(b) the damage did not result from a breach of any of the conditions of the certificate, any conduct
(whether by act or omission) that the responsible party or a related party engaged in with intent to
cause the damage or from the gross negligence of the responsible party or a related party.
(3) The responsible party is not liable to pay compensation for the damage to the extent that the amount of
the compensation would exceed the insured amount for the launch permit or overseas launch certificate.
(4) If:
(a) the responsible party has paid compensation for the damage of an amount equal to the insured
amount for the launch permit or overseas launch certificate; and
(b) apart from this section, the responsible party would be liable to pay further compensation to
Australian nationals for the damage of an amount (the excess amount) in excess of the insured
amount for the launch permit or overseas launch certificate; then the Commonwealth is liable to pay
compensation to the Australian nationals for the damage of an amount equal to so much of the
excess amount as does not exceed $3 billion.
(4) The Consolidated Revenue Fund is appropriated for the purposes of payments by the Commonwealth
under subsection (4).
Subdivision B—Rules for certain returns conducted by overseas nationals
70
Scope of Subdivision
This Subdivision applies to damage to which this Part applies that a space object causes in connection with
the return of the space object where:
(a)
neither the object, nor any part of it, was launched from a launch facility located within Australia; and
(b)
the responsible party for the return is not an Australian national.
Note: Subdivision A deals with the other kinds of damage to which this Part applies.
71
Liability
The responsible party for the return is liable to pay compensation for any damage the space object causes to
a third party.
31
Division 3—Procedure etc.
72
Federal Court has jurisdiction
The Federal Court has jurisdiction to hear and determine actions for compensation for damage to which this
Part applies.
73
Action for compensation
(1)
An action for compensation for damage to which this Part applies may only be brought:
(a) within one year after the day on which the damage occurred; or
(b) if, when the damage occurred, the person bringing the action did not know that it had occurred—
within one year after the day on which the person:
(i) became aware of the damage; or
(ii) would have become aware of the damage, if the person had exercised due diligence.
(2)
If, in accordance with the Liability Convention or otherwise under international law:
(a) a foreign country has presented a claim against Australia for compensation for damage caused by
a space object to which a launch permit, overseas launch certificate, section 43 authorization or
exemption certificate relates; or
(b) such a claim made by a foreign country has been settled;
a person who has suffered damage covered by the claim may not commence an action, against the
responsible party, seeking compensation for that damage.
Division 4—Compensation claims by foreign countries
74
Responsible party’s liability to the Commonwealth
(1)
his section applies if, in accordance with the Liability Convention or otherwise under international
law:
(a) a foreign country has presented a claim against Australia for compensation for damage covered by
this Part; and
(b) Australia becomes liable to any extent to pay compensation for the damage.
he responsible party for the relevant launch or return is liable to pay the Commonwealth an amount
equal to the lesser of the following amounts:
(a) the amount of that compensation;
(b) if the launch or return of the space object concerned was authorised by a launch permit or
overseas launch certificate, and section 69 applies—the insured amount for the permit or certificate.
Note: A foreign country could not present a claim against Australia under the Liability Convention if
proceedings under this Part were already in progress in respect of the same damage: see Article XI.2
of the Convention.
(2)
75
Claims Commission
If, in accordance with the Liability Convention, it is necessary to establish a Claims Commission to settle a
claim presented to the Commonwealth, the Commonwealth may do anything that it is required to do under
the Convention to establish the Commission and enable it to give a decision or award as provided under the
Convention.
Part 5—Register of space objects
76
Minister to keep Register
(1)
(2)
The Minister must keep a Register of Space Objects.
The Minister must enter in the Register the following particulars for a space object that is launched
into Earth orbit or beyond under an authorization provided under this Act:
(a) the registration number given to the space object under section 77;
32
(4)
(b) the launch facility;
(c) the date of the launch;
(d) the space object’s basic orbital parameters, including:
(i) the nodal period; and
(ii) its inclination; and
(iii) its apogee and perigee;
(e) the space object’s general functions;
(f) if a country other than Australia is also a launching State for the space object—the name of that
country;
(g) any other prescribed particulars.
In keeping the Register, the Minister must have regard to the Registration Convention and any other
international agreement or arrangement relating to the registration of space objects to which Australia
is a party.
The Minister may vary or remove an entry on the register as needed.
77
Registration number
(1)
(2)
When the Minister grants a launch permit authorising the launch of a space object from a launch
facility, the Minister must allocate to the space object a registration number by which it can be
identified.
The Minister may allocate a registration number to a space object at any other time.
78
Register may be kept on computer
(3)
The Minister may keep the Register in whole or in part by using a computer.
79
Inspection of Register
(1)
The Minister must make the Register available for any person to inspect it at the times and places
published in the Gazette.
The Minister may do so by allowing a person who wants to inspect the Register reasonable access to
a computer terminal from which he or she can read on a screen, or get a printed copy of, an entry in
the Register.
(2)
Part 5A—Implementation of space co-operation agreements
79A
Implementation of intergovernmental agreement with Russia
(1) Regulations may be made for and in relation to giving effect to one or more provisions of the
intergovernmental agreement with Russia.
(2) Regulations under subsection (1) must not come into operation on a day earlier than the day on which
the agreement enters into force in Australia.
79B
Regulations may amend Schedule
Regulations may be made to amend Schedule 6 for the purposes of ensuring that Schedule 6 correctly sets
out the English text of the intergovernmental agreement with Russia as in force from time to time.
Part 6—Civil penalties
80
Civil penalty provisions
This Part applies to a contravention of any of the following provisions (called civil penalty provisions):
(a) section 15 (space licence required to operate launch facility);
(b) section 21 (breaching a space licence condition);
(c) subsection 30(1) and 30(2) (breaching a launch permit condition);
33
(d) section 37 (breaching a condition of an overseas launch certificate);
(e) section 44 (offences relating to returns);
(f) section 45 (breaching a condition of a section 43 authorization);
(fa) section 46B (breaching a condition of an exemption certificate);
(g) subsection 109(3) (pre-existing agreements).
81
Fines for contravening civil penalty provisions
(1)
If the Federal Court is satisfied, on the balance of probabilities, that a person has contravened a civil
penalty provision, the Court may order the person to pay the Commonwealth such fine, by way of
civil penalty, in respect of the contravention as the Court determines to be appropriate.
In determining the civil penalty, the Court must have regard to the following matters:
(a) the nature and extent of the contravention;
(b) the nature and extent of any loss or damage suffered as a result of the contravention;
(c) the circumstances in which the contravention took place;
(d) whether, in proceedings under this Act, the person has previously been found to have engaged in
similar conduct.
The Court may also have regard to any other matters it considers relevant.
The civil penalty payable under subsection (1) must not exceed:
(a) in the case of a body corporate—5,000 penalty units; or
(b) in the case of an individual—500 penalty units.
Note: See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.
The Federal Court may make such declarations or orders as it considers appropriate in relation to the
proceedings, including:
(a) a declaration that the person did not contravene a civil penalty provision; and
(b) an order as to costs.
(2)
(3)
(4)
82
Procedure
(1)
The Minister may, by application, take proceedings in the Federal Court for the payment of a civil
penalty mentioned in section 81.
The proceedings must be commenced within 6 years after the contravention.
In hearing and determining the proceedings, the Federal Court is to apply the rules of evidence and
procedure that it applies in hearing and determining civil matters.
(2)
(3)
83
Not an offence to contravene civil penalty provision
A person is not guilty of an offence merely because the person has contravened a civil penalty provision.
Part 7—Investigation of accidents
Division 1—Scope of Part
84
Scope of Part
This Part applies if an accident (see section 85) or an incident (see section 86) involving a space object
occurs during:
(a)
the liability period for the launch of the space object from a launch facility located in Australia; or
(b)
the liability period for the return of the space object to a place in Australia.
85
Meaning of accident
An accident involving a space object occurs if:
(a) a person dies or suffers serious injury as a result of the operation of the space object; or
(b) the space object is destroyed or seriously damaged or causes damage to property (other than in
the circumstances prescribed by the regulations).
34
86
Meaning of incident
An incident is an occurrence associated with the operation of a space object that affects or could affect the
safety of the operation of the space object or that involves circumstances indicating that an accident nearly
occurred.
Division 2—Investigations
87
Object of Division
(1)
(2)
The object of this Division is, by establishing a system of investigating the circumstances surrounding
any accident or incident, to prevent other accidents and incidents occurring.
It is not the object of this Division:
(a) to provide a way of apportioning blame for an accident or incident; or
(b) to provide a way of determining the liability of any person in respect of an accident or incident.
88
Appointing an Investigator
(1)
(2)
(3)
If an accident occurs, the Minister must appoint a person as the Investigator of the accident.
If an incident occurs, the Minister may appoint a person as the Investigator of the incident.
Before appointing a person under this section, the Minister must be satisfied that the person has
suitable qualifications and experience to be an Investigator.
89
Investigator to investigate accident or incident
(1)
(2)
An Investigator appointed under section 88 must investigate the circumstances surrounding the
relevant accident or incident.
In particular, the Minister may determine the terms of reference of the investigation.
90
Investigator may invite assistance
(1)
An Investigator may invite other persons to assist him or her in performing any or all of his or her
functions under this Division.
A person who gives such assistance is entitled to be paid fees and allowances for expenses, as
determined under the regulations.
(2)
91
Investigator’s powers to gather information
(1)
In conducting an investigation under this Division, the Investigator may, by written notice:
(a) require a person to attend before the Investigator and answer questions about matters relevant to
the investigation; and
(b) require the person to give the Investigator a specified document or record, a specified part or
component of a space object or any other thing relevant to the investigation.
A notice under subsection (1) must be signed by the Investigator and must specify the time and place
at which the person is required to attend or to give the relevant thing.
The Investigator may require the person to answer questions mentioned in paragraph (1)(a) on oath or
affirmation. For that purpose, the Investigator may administer an oath or affirmation to the person.
The Investigator may:
(a) retain a thing given in accordance with a requirement under subsection (1) for as long as is
reasonably necessary for the purposes of the investigation; and
(b) if the thing is a document or record—make copies of, or take extracts from, the document or
record.
If a person answers a question in accordance with subsection (1), the answer, and any information or
thing obtained directly or indirectly as a result, is not admissible in evidence against the person in any
proceeding (other than a proceeding in respect of the falsity of the answer).
(2)
(3)
(4)
(5)
35
(6)
(7)
If a person gives a thing in accordance with subsection (1), the thing, and any information or thing
obtained directly or indirectly as a result, is not admissible in evidence against the person in a
criminal proceeding or in a proceeding for the recovery of a penalty.
A person who attends before the Investigator under this section is entitled to be paid fees and
allowances for expenses, as determined under the regulations.
92
Offences relating to section 91 requirements
(1)
A person to whom a requirement under subsection 91(1) is given and who:
(a) fails to attend before the Investigator in accordance with the requirement; or
(b) refuses to take an oath or make an affirmation when required by the Investigator to do so; or
(c) refuses or fails to answer a question lawfully put to the person by the Investigator; or
(2)
(3)
(4)
(5)
(d) fails to give the Investigator a thing in accordance with the requirement, if it would have been
reasonably practicable to have done so;
is guilty of an offence.
Maximum penalty: 30 penalty units.
Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2: See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.
However, a person is not required to answer a question or give a thing if doing so might tend to
incriminate the person or expose the person to a penalty.
A person to whom a requirement under subsection 91(1) is given and who:
(a) gives information to the Investigator in answering a question lawfully put to the person by the
Investigator; and
(b) does so knowing that the information is false or misleading in a material particular;
is guilty of an offence.
Maximum penalty: Imprisonment for 12 months.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
A person to whom a requirement under subsection 91(1) is given and who:
(a) gives a document or record to the Investigator in accordance with the requirement; and
(b) does so knowing that the document or record is false or misleading in a material particular;
is guilty of an offence.
Maximum penalty: Imprisonment for 12 months.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Subsection (4) does not apply if, when the person gave the document or record to the Investigator, the
person informed the Investigator that it was false or misleading in a material particular and specified
in what respect it was false or misleading.
93
Report of investigation
(1)
When an investigation is completed, the Investigator must give the Minister a written report of the
investigation and, if the Minister requires, any relevant documents, records or other things.
Subject to subsection (3), no part of a report or other document given to the Minister under this
section may be published without the Minister’s written approval.
The Minister may cause to be published any information contained in a report or document given to
the Minister under this section if he or she considers that publishing the information is desirable in the
interest of promoting safety in the space industry.
(2)
(3)
94
Custody of space object etc.
(1)
If an accident occurs, the space object or the space object wreckage concerned and any thing in the
space object or wreckage is taken to be in the Minister’s custody until an Investigator is appointed for
the accident. The things are then taken to be in the Investigator’s custody.
When it is no longer necessary to retain any such thing for the purposes of the investigation, the
Investigator must release custody of the thing to its owner or to a person the owner authorises to
receive it.
(2)
36
(3)
(4)
A person who removes or otherwise interferes with a thing that is in the custody of the Minister or
Investigator under subsection (1), except:
(a) with the permission of the Minister or Investigator; or
(b) as mentioned in subsection (4);
is guilty of an offence.
Maximum penalty: Imprisonment for 6 months.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Subsection (3) does not prevent any action necessary for all or any of the following:
(a) extracting persons (including deceased persons) from the wreckage of a space object;
(b) protecting the wreckage from being destroyed by fire or other cause;
(c) preventing immediate danger to the safety of persons or property;
(d) moving the space object or the wreckage and its contents to a safe place when the object crashes
on water or is wrecked on water.
95
Automatic suspension of launch permit etc. after accident
(1)
(3)
Immediately after an accident occurs, the launch permit, exemption certificate or section 43
authorization under which the relevant launch or return was carried out is taken to be suspended, until
the Minister revokes the suspension.
The permit, certificate or authorization has no effect while suspended, but the period for which it
remains in force continues to run despite the suspension.
The permit, certificate or authorization may be revoked or varied even while it is suspended.
96
Disclosure of safety records
(2)
(1)
An investigation officer (see subsection (9)) must not, except for the purposes of this Part, directly or
indirectly:
(a) disclose a safety record (see subsection (9)) to any person or a court; or
(b) give a safety record to any person or a court.
(2)
A person who contravenes subsection (1) is guilty of an offence.
Maximum penalty: 30 penalty units.
Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2: See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.
(3)
Subsection (1) does not apply to criminal proceedings, investigations relating to a criminal offence or
a proceeding relating to bail.
(4)
Subsection (1) does not apply to the disclosure of a safety record to the Minister under section 93.
(5)
Subsection (1) does not prohibit an investigation officer from disclosing or giving a safety record to a
court if an order is made under subsection (7).
(6)
A person may apply to a court for an order that a safety record must be disclosed or given to the
court.
(7)
If the court is satisfied that the disclosure or production of the safety record is in the public interest,
having regard to:
(a) the adverse impact disclosure or production may have on the investigation to which the record
relates or to any future investigations; and
(b) any other relevant matter;
the court must order the disclosure or production.
(8)
If the court makes such an order, then the court must also make an order that restricts access to the
safety record to:
(a) the person or persons constituting the court; and
(b) the parties to the proceeding (including any interveners); and
(c) the parties’ legal representatives; and
(d) specified witnesses for the purposes of the proceeding;
unless the court is satisfied that such an order would not be in the interests of justice or would not be
desirable in the interests of the court performing its functions.
(9)
In this section:
investigation officer means a person who is or has been:
37
(a) the Minister; or
(b) an Investigator; or
(c) any other person who performs functions or provides services in relation to an investigation under
this Part.
safety record means all or any of the following:
(a) all statements (whether oral or written) an Investigator takes from persons in the course of an
investigation under this Part, including any record of such a statement;
(b) all communications between persons involved in operating a space object that is involved in an
accident or incident;
(c) medical or personal information about persons (including deceased persons) involved in an
accident or incident;
or any part of such a thing.
97
Relationship with other powers
The powers and functions of a Commonwealth agency or a person (other than a member of the Australian
Federal Police) under another law of the Commonwealth that would allow the agency or person to
investigate any matters relating to an accident or incident must be exercised and performed subject to this
Part.
Division 3—Accident site powers
98
Accident sites and accident site premises
In this Division:
Accident site means:
(a) a site where an accident has occurred; or
(b) a site on which there is an impact point caused by a space object that has been involved in an
accident; or
(c) a site on which there is a space object that has been involved in an accident;
together with such area around the site as the Investigator of the accident determines to be reasonably
necessary to facilitate the investigation of the accident and securing of the site.
Accident site premises means:
(a) premises on which there is an accident site; or
(b) premises that it is necessary to enter to get to premises on which there is an accident site.
99
Power of entry to accident site
(1)
An Investigator may:
(a) with the consent of the occupier of accident site premises; or
(b) subject to this Division, without the consent of the occupier of accident site premises;
enter the premises and do any or all of the following for the purposes of investigating a particular
accident:
(c) leave and re-enter the accident site premises at any time during the access period (see subsection
(2));
(d) take control of and secure the accident site during the access period;
(e) search the accident site;
(f) take photographs, video recordings or sketches of the accident site or the space object or any other
thing on or in the site;
(g) inspect or examine a thing;
(h) take samples of a thing;
(i) measure a thing;
(j) take equipment to the accident site and operate the equipment;
(k) remove the space object, the space object wreckage or any other thing from the accident site
premises and exercise any of the powers mentioned in paragraphs (g), (h) and (i), take photographs or
video recordings or subject the thing to testing.
38
(2)
(3)
(4)
In this section, the access period is the period beginning when the Investigator first enters the accident
site premises and ending on the day that the Investigator specifies in a written determination as the
last day of the access period.
That day must be no later than is reasonably necessary for investigating the accident and in any case
no later than 28 days after the day on which the access period begins.
However, the Minister may, by written determination, extend or further extend the access period
beyond that 28 day limit, if the Minister considers it is reasonably necessary for investigating the
accident.
100
Procedure before entry
(1)
Before an Investigator or a person authorised to assist the Investigator under section 102 enters
accident site premises, the Investigator must:
(a) announce that this Division authorises him or her to enter the premises; and
(b) give any occupier at the premises an opportunity to allow entry.
When requesting an occupier’s consent, the Investigator must tell the person that the Investigator has
powers of entry and search under this Division even if the occupier refuses to give his or her consent.
(2)
101
Identity cards
(1)
(2)
(3)
The Minister must issue an Investigator a card identifying the holder as an Investigator.
An identity card must include a recent photograph of the holder.
An Investigator or is not entitled to exercise any powers under this Part if:
(a) the occupier of the relevant premises has required the Investigator to show his or her identity card;
and
(b) the Investigator fails to comply with the requirement.
(4)
As soon as practicable after a person ceases to be an Investigator, the person must return his or her
identity card to the Minister.
(5)
A person who fails to do so is guilty of an offence.
Maximum penalty: 1 penalty unit.
Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2: See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.
102
Availability of assistance and use of force in entering accident site premises
In entering accident site premises without the consent of the occupier of the premises:
(a) an Investigator may get such assistance as is necessary and reasonable; and
(b) the Investigator or a person assisting may use such force against the occupier and things as is
necessary and reasonable.
103
Offence of entering etc. an accident site without permission
If:
(a) an accident site has been secured under subsection 99(1); and
(b) a person enters or remains on the site without the Investigator’s permission;
the person is guilty of an offence.
Maximum penalty: 10 penalty units.
Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2: See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.
Part 8—Miscellaneous
104
Delegation
The Minister may, by signed writing, delegate to another person any or all of his or her powers under this
Act, if the Minister considers that the person is suitably qualified to exercise the powers concerned.
39
105
Operation of other laws
Nothing in this Act limits or excludes the operation of other laws of the Commonwealth, except to the extent
(if any) that they are inconsistent with this Act.
106
Immunity
A person is not subject to any liability to any person in respect of anything done, or omitted to be done, in
good faith in connection with the exercise or performance of powers, functions or duties under this Act.
107
Compensation—constitutional safety net
(1)
If:
(a) apart from this section, the operation of this Act would result in the acquisition of property from a
person otherwise than on just terms; and
(b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;
the Commonwealth is liable to pay compensation of a reasonable amount to the person in respect of the
acquisition.
(2)
If the Commonwealth and the person do not agree on the amount of the compensation, the person
may take proceedings in the Federal Court for the recovery from the Commonwealth of such
reasonable amount of compensation as the Court determines.
(3)
In this section:
acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.
just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.
108
Severability: additional effect of Act
(1) Without limiting its effect apart from this section, this Act also has effect as provided by this section.
(2) This Act also has the effect it would have if its operation were expressly confined to:
(a) giving effect to the UN Space Treaties; and
(aa) giving effect to specified space cooperation agreements; and
(b) matters external to Australia; and
(c) matters of international concern.
(3) This Act also has the effect it would have if:
(a) the operation of Part 3 were expressly confined to acts or omissions of corporations to which
paragraph 51(xx) of the
(b)Constitution applies; and (b) the operation of Part 4 were expressly confined to cases in which the
responsible party, for the launch or return of a space object, is such a corporation.
(4) This Act also has the effect it would have if its operation were expressly confined to acts or omissions
taking place in the course of, or in relation to, trade or commerce:
(a) between Australia and places outside Australia; or
(b) among the States; or
(c) within a Territory, between a State and a Territory or between 2 Territories.
(5) This Act also has the effect it would have if its operation were expressly confined to acts or omissions
taking place in a Territory.
(6) This Act also has the effect it would have if its operation were expressly confined to acts or omissions
taking place in a place acquired by the Commonwealth for public purposes.
109
Application of Act: pre-existing agreement
(1)
Subject to this section, this Act does not apply in relation to:
(a) launches or returns, or activities related to launches or returns; or
(b) the operation of a launch facility or the doing of anything directly connected with the operation of
a launch facility;
in accordance with any agreement made between the Commonwealth and another person before 11
November 1998.
40
(2)
However:
(a) any term or condition of such an agreement that relates to the launch or return of a space object is
taken, for the purposes of this Act, to be a condition (but not a standard launch permit condition) of a
launch permit held by the person; and
(b) any other term or condition of such an agreement is taken, for the purposes of this Act, to be a
condition of a space licence held by the person.
(3)
If a person launches or returns a space object purportedly in accordance with an agreement mentioned
in subsection (1) and:
(a) the launch or return is conducted in a way that is likely to cause substantial harm to public health
or public safety or to cause substantial damage to property; or
(b) the space object is or contains a nuclear weapon or a weapon of mass destruction of any other
kind; or
(c) the space object contains any fissionable material and the Minister’s written approval for this has
not first been obtained; or
(d) the launch or return does not comply with a term or condition of the agreement that requires
insurance cover to be obtained in connection with the launch or return;
the person is guilty of an offence punishable on conviction by:
(e) in the case of a body corporate—a fine not exceeding 100,000 penalty units; or
(f) in the case of an individual—imprisonment for a term not exceeding 10 years, or a fine not
exceeding 600 penalty units, or both.
Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2: See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.
(4)
The Minister may take civil proceedings under Part 6 against a person who is alleged to have
committed an offence against subsection (3), as an alternative to prosecution.
(5)
An application may be made to the Administrative Appeals Tribunal for review of any decision made
under an agreement mentioned in subsection (1) (including a decision made before this Act
commenced):
(a) refusing to authorise activities covered by paragraph (1)(a) or (b); or
(b) varying, revoking or suspending such an authorization; or
(c) imposing a particular condition or conditions on the conduct of such activities.
For this purpose, the decision is treated as though it had been made in the exercise of a power conferred by
this Act.
(6)
Subsection (1) does not apply to Part 5 (which deals with the Register of Space Objects) or to Part 7
(which deals with investigating accidents and incidents).
110
Regulations
(1) The Governor-General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient for carrying out or giving effect to this Act.
(3) The regulations may make provision for or in relation to a matter by applying, adopting or incorporating
(with or without modification) any matter contained in a written instrument or other document, as in
force at a particular time or as in force from time to time.
Schedule 1—Convention on International Liability for Damage Caused by Space Objects
Note: This is the copy of the Convention referred to in the definition of Liability Convention in section 8 of
this Act.
[…]
Schedule 2—Convention on Registration of Objects Launched into Outer Space
Note: This is the copy of the Convention referred to in the definition of Registration Convention in section 8
of this Act.
[…]
41
Schedule 3—Treaty on Principles Governing the Activities of States in the Exploration and Use of
Outer Space, including the Moon and other Celestial Bodies
Note: This is the copy of the Treaty referred to in paragraph (c) of the definition of UN Space Treaties in
section 8 of this Act.
[…]
Schedule 4—Agreement Governing the Activities of States on the Moon and other Celestial Bodies
Note: This is the copy of the Agreement referred to in paragraph (d) of the definition of UN Space Treaties
in section 8 of this Act.
[…]
Schedule 5—Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of
Objects Launched into Outer Space
Note: This is the copy of the Agreement referred to in paragraph (e) of the definition of UN Space Treaties
in section 8 of this Act.
[…]
Schedule 6—Agreement between the Government of Australia and the Government of the Russian
Federation on Cooperation in the field of the Exploration and Use of Outer
Space for Peaceful Purposes
Note: This is the copy of the Agreement referred to in the definition of intergovernmental agreement with
Russia in section 8 of this Act.
[Minister’s second reading speech made in—
Senate on 12 November 1998
House of Representatives on 3 December 1998]
External Link: http://scaleplus.law.gov.au/html/comact/10/5911/top.htm
SPACE ACTIVITIES AMENDMENT (BILATERAL AGREEMENT) ACT 2001
NO. 101, 2001 - SCHEDULE 1
_______________________________________________________________________________________
Amendment of the Space Activities Act 1998
1 At the end of paragraph 3(c)
Add:
; and (d) to implement certain of Australia's obligations under specified space cooperation
agreements.
2 Section 4 (simplified outline)
After:
* A Register of Space Objects is established under Part 5.
insert:
* Part 5A provides a framework for implementation of specified space cooperation agreements.
42
3 Section 8
Insert:
"Intergovernmental agreement with Russia" means the Agreement between the Government of
Australia and the Government of the Russian Federation on Cooperation in the Field of the Exploration and
Use Of Outer Space for Peaceful Purposes done at Canberra on 23 May 2001 the English text of which is set
out in Schedule 6, and includes that Agreement as amended from time to time in relation to Australia.
4 After Part 5
Insert:
Part 5A—Implementation of space cooperation agreements
79A Implementation of intergovernmental agreement with Russia
(1)
Regulations may be made for and in relation to giving effect to one or more provisions of the
intergovernmental agreement with Russia.
(2)
Regulations under subsection (1) must not come into operation on a day earlier than the day on which
the agreement enters into force in Australia.
79B Regulations may amend Schedule
Regulations may be made to amend Schedule 6 for the purposes of ensuring that Schedule 6 correctly sets
out the English text of the intergovernmental agreement with Russia as in force from time to time.
5 After paragraph 108(2)(a)
Insert:
(aa) giving effect to specified space cooperation agreements; and
6 At the end of the Act
Add:
Schedule 6—Agreement between the Government of Australia and the Government of the Russian
Federation on Cooperation in the Field of the Exploration and Use of Outer Space for Peaceful Purposes
Note: This is the copy of the Agreement referred to in the definition of intergovernmental agreement with
Russia in section 8 of this Act.
THE GOVERNMENT OF AUSTRALIA AND THE GOVERNMENT OF THE RUSSIAN
FEDERATION, hereafter referred to as the Parties,
EXPRESSING a common desire for the development of long term cooperation in the exploration of outer
space and the application of space equipment and technologies for the benefit of the peoples of both
countries,
CONSIDERING that the expansion of such cooperation gives rise to new practical requirements for the
organizational and legal regulation of relations between its participants
RECOGNISING the significant potential mutual benefits from encouragement and development of
cooperation in commercial space activities,
ACCORDING due significance to the elaboration of coordinated measures aimed at facilitating future forms
of industrial, economic and commercial activities and business partnerships in the space field, including fair
and mutually beneficial trade practices and procurement methods,
REAFFIRMING their commitment to enhancing the peaceful use of outer space through regional and global
cooperation,
TAKING into consideration the Treaty on Principles Governing the Activities of States in the Exploration
and Use of Outer Space, including the Moon and other Celestial Bodies, of 27 January 1967, as well as other
43
multilateral treaties regulating the use of outer space in which both Australia and the Russian Federation
participate.
HAVE AGREED on the following:
Article 1
Purpose
The purpose of this Agreement is to promote creation of an adequate organizational and legal basis for
mutually beneficial cooperation in specific areas of joint activity relating to the exploration and use of outer
space and the practical application of space equipment and technology for peaceful purposes, particularly by:
a) creating a framework for commercial and other activities related to the launching of space
apparatus;
b) encouraging scientific research and cooperation, and joint activities in design, development,
production, testing and operation of space equipment;
c) promoting mutual exchanges of relevant technologies, expertise, equipment and material resources;
and
d) providing conditions for the conclusion of subsequent agreements and arrangements relating to
activities pursuant to this Agreement.
Article 2
Applicable Law
Cooperation pursuant to this Agreement shall be carried out in accordance with the domestic law and
regulations of the States of the Parties, in observance of generally recognised norms and principles of
international law and without prejudice to the fulfillment by the Parties of obligations under other
agreements in which they participate.
Article 3
Cooperating Agencies and Organizations
1.
The Competent Agencies responsible for the development and coordination of cooperation pursuant
to this Agreement shall be: the Department of Industry, Science and Resources on behalf of the Government
of Australia, and the Russian Aviation and Space Agency on behalf of the Government of the Russian
Federation. Where necessary, either of the Parties may, upon agreement of the other Party by means of
written notification through diplomatic channels, appoint another department or agency as the Competent
Agency.
2.
In accordance with the domestic law and regulations of their States, the Parties may, upon mutual
agreement, authorize other departments and agencies to carry out specialized activities within the framework
of this Agreement. Competent Agencies may, within their authority and upon mutual agreement, appoint or
involve relevant organizations in such specialized activities.
Article 4
Areas of Cooperation
Cooperation pursuant to this Agreement may be carried out in such areas as:
a) the scientific exploration of outer space, including the physics of solar and terrestrial links, radio
astronomy, high energy astrophysics and the study of the planets;
b) remote sensing and monitoring of the Earth from space;
c) materials processing in space;
d) space medicine and biology;
e) space communications and information technologies;
44
f) satellite navigation systems and technologies;
g) research, development and design, manufacturing and operational works related to automated
apparatus and manned systems, as well as to the corresponding ground equipment;
h) industrial and commercial applications of spin-off results of the use of space equipment and
technology;
i) research on matters relating to the protection of the outer space environment; and
j) as a long term aim, the creation on the territory of Australia of an international cosmodrome for the
launch of payloads into outer space using Russian launch vehicles.
Additional areas of cooperation and joint activity shall be determined by mutual agreement between the
Parties or their Competent Agencies, as the need arises.
Article 5
Forms of Cooperation
1.
Organizational, financial, legal and technical conditions for the accomplishment of specific programs
and projects of cooperation shall be the subject of separate agreements between the Competent Agencies,
and departments, agencies and organizations referred to in Article 3.2 of this Agreement or, when necessary,
and taking into consideration the international obligations of both Parties, of direct agreements between the
Parties, particularly with respect to the regulation of joint activity relating to the conduct of commercial
operations and outer space launches.
2.
The Parties, their Competent Agencies, and departments, agencies and organizations referred to in
Article 3.2 of this Agreement shall, in pertinent cases, on the basis of separate agreements, facilitate the
establishment and development of cooperation in the areas provided for in this Agreement with the
participation of other specialized state or private organizations, including those of third countries as well as
international organizations.
3.
Cooperation pursuant to this Agreement may be carried out in such forms as:
a) planning and implementation of joint projects using scientific, experimental and industrial bases;
b) mutual provision of scientific and technological information, expertise, experimental data, results
of experimental design works, materials and equipment in various fields of space science, equipment
and technology;
c) development and manufacturing of space apparatus and instruments;
d) use of ground objects and systems for securing launches and control of space apparatus, including
the collection and exchange of telemetric information;
e) organization of programs for the training of personnel and the exchange of scientists, technical and
other specialists;
f) conducting joint symposia and conferences;
g) development of various forms of partnership and joint activity in the international market for space
technology and services, including activity associated with commercial space launches;
h) provision of technical assistance in the field of joint space research; and
i) mutual facilitation of access to government programs for the practical application of technological
innovations and for the promotion of industrial and economic development, as well as to
corresponding international programs aimed at the development of an outer space infrastructure.
Additional forms of cooperation and joint activity shall be determined by mutual agreement between the
Parties or their Competent Agencies, as the need arises.
4.
The Parties or Competent Agencies may, if necessary, establish working groups by mutual
arrangement for the purposes of implementing programs and specific activities, as well as elaboration of
organizational methods and legal means of development of cooperation pursuant to this Agreement.
45
Article 6
Financing
1.
The financing of joint activity conducted pursuant to this Agreement within government policy in the
field of exploration and use of outer space shall be done by the Parties in accordance with the norms and
rules in force in their States as regards budget regulation and, if not otherwise provided for in separate
contracts, subject to the availability of funds allocated for that purpose.
2.
The Competent Agencies, and departments, agencies and organizations referred to in Article 3.2 of
this Agreement shall be responsible for funding those works and types of activities within the framework of
this Agreement that were assigned to each of them by mutual agreement between the Parties or direct
arrangements between these departments, agencies and organizations
3.
The financing of joint activity falling outside budgetary allocations and/or governmental programs
shall be the responsibility of the relevant participants to such activity and may be set out in the separate
agreements referred to in Article 5.1 of this Agreement.
Article 7
Intellectual Property
1.
The Parties shall ensure protection of intellectual property, created or provided within the framework
of this Agreement, in accordance with their respective international obligations, and the domestic law and
regulations of their States.
2.
The Parties, their Competent Agencies, and departments, agencies and organizations referred to in
Article 3.2 of this Agreement shall define, in separate agreements referred to in Article 5.1 of this
Agreement, the conditions and principles to be observed with regard to intellectual property used in and/or
resulting from joint activity pursuant to this Agreement, guided by the norms and principles set out in the
Attachment to this Agreement, which is an integral part thereof.
3.
In the absence of separate agreements as defined in paragraph 2 of this Article, the Competent
Agencies, and departments, agencies and organizations referred to in Article 3.2 of this Agreement shall
apply the norms and principles set out in the Attachment to this Agreement.
Article 8
Exchange of Information
1.
Scientific and technical data and information obtained in the course of conducting joint activities
shall be accessible to both Parties, their Competent Agencies, and departments, agencies and organizations
referred to in Article 3.2 of this Agreement and be transmitted as soon as practicable.
2.
The Parties through their Competent Agencies shall facilitate the mutual exchange of information
relating to joint activities pursuant to this Agreement and to the basic directions of their national space
programs, subject to the principles contained in the Attachment to this Agreement in the case of exchange of
confidential information.
3.
No information requiring protection in the national security interests of the States of the Parties and
classified in accordance with the domestic law and regulations of the States of the Parties, shall be
transmitted under this Agreement.
Article 9
Protection of Property
Each Party shall ensure the observance of the interests of the other Party, its Competent Agency, and
departments, agencies and organizations referred to in Article 3.2 of this Agreement pertaining to the legal
protection of their property located on the territory of its State pursuant to activity conducted within the
framework of this Agreement including, in relevant cases, and when agreed to by the Parties, immunity of
mutually specified categories of goods from any seizure or executive action .
46
Article 10
Liability
1.
In the interests of encouraging the development of joint activities pursuant to this Agreement, without
prejudice to separate agreements which may be entered into by the Parties to take into account the particular
needs and specific circumstances of pursuing certain programs and projects of cooperation, and without
prejudice to the international obligations of the Parties, including under the Convention on International
Liability for Damage Caused by Space Objects of 29 March 1972 (Liability Convention), the obligations of
the Parties to each other in relation to liability and indemnity shall be in accordance with this Article.
2.
The Parties may agree on additional or alternative principles regarding liability in separate
agreements as between themselves, which may include, but not be limited to, apportionment of liability and
indemnity for damage, to be applied generally or in relation to specific types of joint activity. Such
agreements may include, amongst others, descriptions of relevant equipment, procedures of investigation
and submission of claims.
3.
For the purposes of this Article:
a) "protected activity" shall mean any activity within the framework of this Agreement which, by
mutual written agreement between the Parties and with the consent of their Competent Agencies, and
departments, agencies and organizations referred to in Article 3.2 of this Agreement is performed in
accordance with the principle of cross-waiver of liability;
b) "damage" means:
(1) bodily injury to, or any other impairment of the health of, or death of, any person;
(2) damage to, loss of, or loss of use of any property;
(3) loss of revenue or profits; or
(4) other direct or indirect damage;
c) "Party" means either of the Parties and includes, in this Article, their Competent Agencies, and
departments, agencies and organizations referred to in Article 3.2 of this Agreement;
d) "related entity" means:
(1) a contractor or subcontractor of a Party at any tier;
(2) a user or customer of a Party at any tier; or
(3) a contractor or subcontractor of a user or customer of a Party at any tier.
The term "related entity" may, subject to appropriate arrangements, also include organizations or institutions
of a third State, when such organizations or institutions have the same relations with the Parties as described
in "d(1)", "d(2)", or "d(3)" above, or are otherwise involved in the protected activity. The terms "contractors"
and "subcontractors" may include suppliers of any kind.
4.
In respect to a protected activity, each Party agrees to a cross-waiver of liability and, accordingly,
each Party waives any claims for damages against the other Party, related entities of the other Party and
employees of the other Party or employees of related entities of the other Party, whatever the legal basis for
such claims, including, amongst others, claims under the Liability Convention or other claims under
international law or claims in contract.
5.
This cross-waiver of liability shall apply only if the Party, related entities, employees or property
causing the damage and the Party, related entities, employees or property suffering the damage, are
participating or being used, respectively, in a protected activity.
6.
Each Party shall extend the application of the principle of cross-waiver of liability to its related
entities through contract or other means.
7.
Notwithstanding paragraphs 4, 5 and 6 of this Article, this cross-waiver of liability shall not be
applicable to:
a) claims between a Party and its own related entities or claims between its own related entities;
b) claims made by a natural person not falling within the definition of a related entity, his/her estate,
survivors, or subrogees in connection with indemnifying damage for bodily injury or any other
damage to such natural person or his/her death;
c) claims for damage caused by wilful misconduct;
d) intellectual property claims.
47
8.
Nothing in this Article shall be construed to create the basis for claims or suits where none would
otherwise exist.
9.
The Parties shall consult promptly on any potential liability under international law, including the
Liability Convention, on the apportionment of liability, and in the event of claims arising, on the defence of
claims, and shall cooperate fully with a view to establishing the facts in the investigation of any accident, in
particular through the exchange of experts and information.
Article 11
Customs Regulation
1. For the purposes of this Article "goods" shall mean spacecraft, space transportation systems, their
elements, instruments, control, testing and other types of equipment required, in particular for a launch, as
well as technologies in the form of information and data recorded on material media. The technology and
information identified above include:
a) computer software and databases;
b) inventions;
c) design and engineering developments;
d) trade secrets and know-how, including manufacturing documentation and technical specifications;
and
e) data on research, experimental, design and engineering development activities.
2.
The movement of goods specified in paragraph 1 of this Article and especially intended for the
purposes of cooperation within the framework and upon the terms of this Agreement, across the customs
borders of the States of the Parties, shall be free of customs duties.
3.
Where the domestic law and regulations of the States of the Parties do not provide for direct
exemption from other taxes on goods for the purposes of cooperation under this Agreement, and such taxes
are collected by customs authorities, such an exemption shall be applied on the basis of this Agreement
subject to the domestic law and regulations of the States of the Parties.
Article 12
Export Control
1.
Technology transfer for the purposes of any joint activity pursuant to this Agreement shall be
undertaken by the Parties subject to the observation of the domestic law and regulations of their States,
including the requirements of the Missile Technology Control Regime (MTCR). The Parties shall act in
accordance with the domestic law and regulations of their States, on export control in relation to those goods
and services included in the national lists and enumerations of export controls.
2.
This Article extends to any form of cooperation, the exchange of information, technical data and
items of all types, including joint industrial production and intellectual property, where they are regulated by
the MTCR, on the territory of the exporter, importer or third countries.
Article 13
Assistance to the Activities of Personnel
Each Party, in accordance with the domestic law and regulations of its State, shall assist the entry to the
territory of its State of personnel assigned on a mission by the other Party, its Competent Agency, and
departments, agencies and organizations referred to in Article 3.2 of this Agreement as regards the procedure
of appropriate visa processing.
48
Article 14
Economic and Industrial Types of Activity
In accordance with the domestic law and regulations of their States, the Parties will strive to encourage
activity by organizations, enterprises and firms of their countries, directed at the support of joint programs of
cooperation in the field of exploration and use of outer space and the practical application of space
equipment and technology. For these purposes, the Parties will strive to implement, by mutual arrangement,
measures to facilitate corresponding entrepreneurial activities, trade and economic transactions.
Article 15
Settlement of Disputes
1.
The Parties, if necessary, shall hold consultations on matters pertaining to the interpretation and
implementation of this Agreement. The Parties shall seek to resolve any dispute between them concerning
the interpretation and implementation of this Agreement through prompt and amicable negotiations and
consultations, including through diplomatic channels.
2.
Disputes between Competent Agencies or between departments, agencies and organizations referred
to in Article 3.2 of this Agreement shall be referred, for joint consideration, to the senior executives of
respectively, Competent Agencies, and these departments, agencies and organizations or their
plenipotentiaries, who should make all efforts to resolve the dispute by consensus. Within the framework of
the procedure provided for in this paragraph, disputes may be referred to settlement through conciliation
with the purpose of achieving agreement or drafting findings or recommendations on all matters of facts and
law pertaining to the issue.
3.
If a dispute has not been settled by means of procedures envisaged in paragraph 1 of this Article
within six months after one of the Parties forwards a written request to hold such negotiations or
consultations, it shall, upon request of either Party, be submitted to an Arbitral Tribunal which shall be
established in accordance with the provisions of this Article.
4.
An Arbitral Tribunal shall be constituted for each individual case in the following way:
a) within two months of the receipt of the request for consideration of the dispute by arbitration, each
Party shall appoint an arbitrator. Those two arbitrators shall then select a national of a third country
who, on approval by the two Parties, shall be appointed Chairman of the Arbitral Tribunal. The
Chairman shall be appointed within two months from the date of appointment of the other two
arbitrators;
b) in case an arbitrator appointed as provided for in this Article shall resign or become unable to act, a
successor arbitrator shall be appointed in the same manner as prescribed for the appointment of the
original arbitrator and the successor shall have all the powers and duties of the original arbitrator.
5.
If, within the period specified in paragraph 4 of this Article, the necessary appointments have not
been made, either Party may, in the absence of any other agreement, invite the President of the International
Court of Justice to make all necessary appointments. If the President is a national of the State of either Party
or is unable to discharge the said function, the next most senior Member of the Court who is not disqualified
on such a ground shall make the necessary appointments.
6.
The Arbitral Tribunal shall decide all questions relating to its competence and shall, subject to the
agreement between the Parties, determine its own procedure. The Arbitral Tribunal shall reach its award by
majority vote taking into account the provisions of this Agreement, the international treaties both Parties
have concluded and the generally recognised norms and principles of international law. It may render an
award on the default of a Party. Any award shall be rendered in writing and shall state its legal basis. An
award shall be final and binding on the Parties, if the Parties have not agreed in advance on the procedure of
appeal.
7.
Each Party shall bear the costs of its arbitrator. The costs of the Chairman of the Arbitral Tribunal and
other expenses associated with the conduct of the arbitration shall be borne in equal parts by both Parties.
The Arbitral Tribunal may decide, however, that a higher proportion of costs shall be borne by one of the
Parties.
49
Article 16
Final Provisions
1.
This Agreement shall enter into force from the date of the latter written notification through
diplomatic channels on completion by the Parties of domestic procedures necessary for its entry into force.
2.
This Agreement is concluded for a period of ten years. Its effect shall be automatically extended for a
subsequent ten-year period if neither of the Parties notifies the other Party through diplomatic channels of its
intention to terminate it twelve months before the expiry of the initial ten-year period. This Agreement may
be terminated by either Party in the period following its automatic extension by twelve months written notice
to the other Party through diplomatic channels.
3.
Additional extension of this Agreement shall be the subject of consultations between the Parties,
which shall commence no later than twelve months before the expiry of the period of its automatic
extension.
4.
This Agreement may be amended and supplemented by the agreement of the Parties in written form.
5.
In the event of the termination of this Agreement, its provisions shall continue to apply to all
unfinished activities if the Parties do not agree otherwise. The termination of this Agreement shall not serve
as the basis for the revision or termination of obligations of a financial or other contractual nature still in
force and shall not affect the rights and obligations of legal and natural persons, which have arisen before its
termination.
6.
From the date of the entry into force of this Agreement, the Agreement between the Government of
Australia and the Government of the Union of Soviet Socialist Republics on Co-operation in Space Research
and the Use of Space for Peaceful Purposes of 1 December 1987 shall cease to have effect as between
Australia and the Russian Federation.
Done at Canberra on 23 May 2001 in duplicate, each in the English and Russian languages, both texts
having equal validity.
FOR THE GOVERNMENT OF AUSTRALIA AND FOR THE GOVERNMENT OF THE RUSSIAN
FEDERATION
[Signatures Omitted]
ATTACHMENT
INTELLECTUAL PROPERTY
The Parties shall use their best endeavors to ensure the effective protection of results obtained within the
framework of cooperation, which is a subject of this Agreement and separate agreements referred to in
Article 5 of this Agreement.
The Competent Agencies, and departments, agencies and organizations referred to in Article 3.2 of this
Agreement, hereinafter described as "cooperating organizations", shall in good time inform each other about
all results of joint activity subject to protection as intellectual property and promptly cooperate to obtain
registration or carry out other procedures for protection.
1.
Sphere of Application
1.
This Attachment applies to all types of joint activity performed pursuant to the cooperation under this
Agreement, with the exception of those cases when the Parties or cooperating organizations agree on any
special provisions within the framework of separate agreements referred to in Article 5 of this Agreement.
2.
For the purposes of this Agreement, the term "intellectual property" has the meaning provided for in
Article 2 of the Convention establishing the World Intellectual Property Organization done at Stockholm on
14 July 1967.
3.
This Attachment shall regulate the allocation of intellectual property rights between the Parties or
cooperating organizations in relation to a joint activity. Each Party shall act in such a way that the
50
cooperating organizations of the other Party can acquire the rights to intellectual property belonging to them
in accordance with this Attachment.
4.
This Attachment does not change the Parties' legal regulation of intellectual property rights
determined by the legislation of their States and the internal regulations of cooperating organizations taking
into account provisions envisaged in section 2, paragraph 6 of this Attachment. In the same way, this
Attachment does not alter the relations between the cooperating organizations of each Party and relations
between the Parties and these organizations. Furthermore it will not prejudice the international obligations of
the Parties.
5.
Carrying out of joint works does not affect the intellectual property rights of the cooperating
organisations acquired earlier or resulting from independent research (background intellectual property).
6.
The termination of this Agreement does not affect rights or obligations having arisen on the basis of
this Attachment, if they were accepted before such termination.
2. Grant of Rights
1.
In relation to intellectual property created in the course of a joint activity, the Parties or cooperating
organisations shall strive to jointly elaborate a plan for the assessment and use of technology either before
the beginning of their cooperation or within a reasonable time from the moment when a cooperating
organisation creates an object of intellectual property. In this plan for the assessment and use of technology,
they shall take into account the corresponding contributions of the Parties and their cooperating
organisations to the activity under consideration, including background intellectual property transferred in
the framework of cooperation, define types and scope of use of the intellectual property, terms and
procedures of the realisation of rights on it on the territory of the States of the Parties, as well as on the
territory of other countries, recognizing that the minimal scope is the right of each cooperating organisation
to use created intellectual property for its own needs. For the purposes of granting intellectual property
rights, an activity is considered to be a joint activity from the moment when it is defined as such in separate
agreements referred to in Article 5 of this Agreement. The grant of rights to the objects of intellectual
property created as a result of an activity, which is not a joint activity, shall be carried out according to the
provisions of paragraph 3 of this section. The Parties or cooperating organisations shall decide by mutual
arrangement whether the results of work jointly carried out should be either patented or registered or kept
secret.
2.
If such a plan for the assessment and use of technology is not established within four months from the
moment of the creation of the object of intellectual property which is a result of a joint activity, each of the
Parties or cooperating organisations may receive all rights and benefits from such intellectual property on its
State's territory. Cooperating organisations shall in relation to a joint activity negotiate regarding the
allocation of intellectual property rights, as well as the expenses related to the protection of intellectual
property rights under mutually agreed conditions, taking into account the corresponding contributions of
each of them.
3.
In cases, which are not joint activities, the terms for the implementation of a procedure for the
acquisition and use of intellectual property rights shall be determined in separate agreements and contracts.
4.
The Parties shall on the initiative of either of them, without delay, consult for the purposes of
securing protection and distribution of intellectual property rights on protected objects of intellectual
property in third countries applying the provisions of paragraphs 1 and 2 of this section.
5.
The rules for the internal regulation of host organisations or institutions as regards intellectual
property rights as well as possible remuneration and disbursements related to these rights as they are
determined by the internal regulations of each of the host organisations extend to researchers and scientists
of one of the Parties enlisted in the service of any organisation or institution of the other Party. Each
researcher or scientist, designated as an inventor is entitled in accordance with his contribution to a share of
remuneration to be earned by the host organisation or institution for licensing this intellectual property.
6.
Copyright extends to publications. Each Party and its cooperating organisations shall be entitled to
non-exclusive, irrevocable and free licences for non-commercial purposes for the translation, reproduction
and public distribution in all countries of scientific and technical articles, lectures (reports), books and other
copyright products, which are the direct result of a joint activity. The forms of implementation of these rights
shall be determined in separate agreements and contracts. All copies of publications should show the author's
name unless he expressly refuses to give his name or wishes to appear under a pseudonym.
7.
The totality of intellectual property rights, but not including moral rights, to computer programs
51
elaborated within the framework of cooperation shall be allocated between the cooperating organisations
taking into account their contribution to its elaboration and financing. In cases of joint elaboration or joint
financing of computer programs by both Parties or cooperating organisations a regime to be applied in
relation to these programs, including the allocation of remuneration in the case of commercial use, shall be
determined by separate agreements or contracts. In the absence of separate agreements or contracts the
provisions of paragraphs 1 and 2 of this section related to the allocation of rights in connection with a joint
activity shall apply.
8.
Confidential information shall be designated as such in an appropriate manner. The responsibility for
such a designation shall rest with the Party or cooperating organisation, which demands such confidentiality.
Each Party or cooperating organisation shall protect such information in accordance with applicable laws
and regulations of its State. The term "confidential information" means any know-how, data or information,
in particular technical, commercial or financial, independent of the form in which it is passed on for the
purposes of carrying out activity pursuant to this Agreement and which corresponds to the following
conditions:
a) the possession of this information may ensure gains, in particular ones of an economic, scientific or
technical character or give an advantage in competition with persons who do not possess it;
b) this information is not generally known or widely available from other sources;
c) this information was not earlier passed on by its possessor to a third person without the obligation
to maintain its confidentiality;
d) this information is not already at the disposal of the recipient without the obligation to maintain its
confidentiality.
The Parties or cooperating organisations may transfer confidential information to their own employees,
unless otherwise provided in separate agreements referred to in Article 5 of this Agreement. Such
information may be passed on to the basic performers of the work and subcontractors within the framework
of the sphere of application of separate contracts with them. Information given in this way may be used only
within the limits of the sphere of application of those contracts, which would envisage the conditions and
time limits of application of such provisions on confidentiality.
The Parties and cooperating organisations undertake to adopt all necessary measures in relation to their
employees, basic performers of work and subcontractors for the observance of the obligations on protecting
confidentiality determined above.
9.
The grant of the results of joint research and elaboration to third persons shall be the subject of
written agreements between the Parties or cooperating organisations. Without prejudice to the
implementation of rights in accordance with paragraph 6 of this section, such agreements will determine the
procedure for the distribution of the referred results. (95/01)
SPACE ACTIVITIES AMENDMENT ACT 2002 NO. 100, 2002 - SCHEDULE 1
______________________________________________________________________________________
Amendments
Space Activities Act 1998
1 Section 8
Insert:
approved scientific or educational organisation means an educational institution, a scientific
organisation or a non-profit body, in respect of which a declaration under section 8A is in force.
2 Section 8 (definition of launch)
Omit "outer space", substitute "an area beyond the distance of 100 km above mean sea level".
52
3 Section 8 (definition of launch vehicle)
Omit "outer space", substitute "an area beyond the distance of 100 km above mean sea level".
4 Section 8 (definition of return)
Omit "outer space", substitute "an area beyond the distance of 100 km above mean sea level".
5 Section 8 (definition of space object)
Omit "outer space" (wherever occurring), substitute "an area beyond the distance of 100 km above mean sea
level".
6 After section 8
Insert:
8A Approved scientific or educational organisations
The Minister may, by writing, declare an educational institution, a scientific organisation or a nonprofit body to be an approved scientific or educational organisation for the purposes of this Act.
Note: Under subsection 33(3) of the Acts Interpretation Act 1901 , the Minister may vary or revoke
such a declaration.
8B Guidelines for making a declaration
(1) The Minister must develop written guidelines that he or she must have regard to when deciding
whether or not to make a declaration under section 8A.
(2) The guidelines are to be made available for inspection on the Internet.
(3) The guidelines are a disallowable instrument for the purposes of section 46A of the Acts
Interpretation Act 1901 .
8C Applying for a declaration
An application for a declaration under section 8A must be made in accordance with the regulations.
7 Section 18
Omit "and a particular kind of launch vehicle,", substitute "a particular kind of launch vehicle and particular
flight paths,".
8 After paragraph 18(a)
Insert:
(aa) the person is a corporation to which paragraph 51(xx) of the Constitution applies; and
9 Paragraph 18(d)
Omit "sufficiently low", substitute "as low as is reasonably practicable".
10 At the end of section 18
Add (before the example):
; and (h) the criteria (if any) prescribed by the regulations are satisfied in relation to each flight path
specified in the application for the licence.
11 Section 23
Omit "grant or transfer", substitute "grant, variation or transfer".
53
Note: The heading to section 23 is altered by omitting " grant or transfer " and substituting " grant,
variation or transfer ".
12 At the end of section 24
Add:
(4) The regulations may prescribe other ways in which a space licence must not be varied.
13 At the end of Division 2 of Part 3
Add:
25A Annual review of space licence
The Minister may conduct an annual review of a space licence:
(a) for the purpose of monitoring compliance by the licence holder with this Act and with the
conditions of the licence; or
(b) for any other reason that the Minister considers appropriate.
14 Subsection 26(2) (note)
Omit "outer space" (wherever occurring), substitute "an area beyond the distance of 100 km above mean sea
level".
15 Paragraph 26(3)(e)
Omit "sufficiently low", substitute "as low as is reasonably practicable".
16 Subsection 31(3)
Omit "same launch facility and the same kind of launch vehicle", substitute "same launch facility, the same
kind of launch vehicle and the same space object or objects".
17 Section 32
Omit "grant or transfer", substitute "grant, variation or transfer".
Note: The heading to section 32 is altered by omitting " grant or transfer " and substituting " grant,
variation or transfer ".
18 At the end of section 33
Add:
(4) The regulations may prescribe other ways in which a launch permit must not be varied.
19 At the end of subsection 34(1)
Add (before the note):
; or (c) an incident involving a space object covered by the permit occurs during the liability period
for the launch or return of the object.
20 Subsection 35(3)
After "agreement" (wherever occurring), insert "or arrangement".
54
21 Subsection 38(3)
Omit "same launch facility and the same kind of launch vehicle", substitute "same launch facility, the same
kind of launch vehicle and the same space object or objects".
22 Section 39
Omit "grant or transfer", substitute "grant, variation or transfer".
Note: The heading to section 39 is altered by omitting " grant or transfer " and substituting " grant,
variation or transfer ".
23 At the end of section 40
Add:
(4) The regulations may prescribe other ways in which an overseas launch certificate must not be
varied.
24 Section 42 (note)
Omit "outer space" (wherever occurring), substitute "an area beyond the distance of 100 km above mean sea
level".
25 At the end of subsection 43(1)
Add:
Note: Under subsection 33(3) of the Acts Interpretation Act 1901 , the Minister may vary or revoke
an authorization granted under this section.
26 Paragraph 43(3)(c)
Omit "sufficiently low", substitute "as low as is reasonably practicable".
27 Subsection 43(4)
After "agreement" (wherever occurring), insert "or arrangement".
28 At the end of Division 5 of Part 3
Add:
45A Applying for an authorization or for the variation of an authorization
An application for an authorization under section 43, or for the variation of such an authorization,
must be made in accordance with the regulations.
45B Procedure etc.
(1) If the Minister considers that there may be grounds to vary or revoke an authorization under
section 43 (other than at the authorization holder's request), the Minister must:
(a) give the holder of the authorization written notice of the Minister's opinion specifying the
reasons for that opinion; and
(b) invite the holder to make a written submission to the Minister about the matter within a
reasonable period specified in the notice.
(2) In deciding whether to vary or revoke the authorization, the Minister must consider the matters
raised in any submission received within the period specified in the notice.
45C Suspending an authorization under section 43
(1) The Minister may, by written notice, suspend an authorization under section 43 if:
(a) the holder of the authorization contravenes a condition of the authorization; or
55
(b) the Minister considers that, for reasons relevant to Australia's national security, foreign policy
or international obligations, the authorization should be suspended; or
(c) an incident involving a space object covered by the authorization occurs during the liability
period for the return of the object.
Note: Under subsection 33(3) of the Acts Interpretation Act 1901 , the Minister may revoke a suspension.
(2)An authorization under section 43 has no effect while suspended.
(3) An authorization under section 43 may be varied or revoked even while it is suspended.
29 At the end of Division 6 of Part 3
Add:
45A Terms of exemption certificate
(1) An exemption certificate:
(a) comes into force on a specified day or when a specified event happens; and
(b) remains in force for a specified period (which may be a period that ends on the occurrence of a
specified event).
(2) For the purposes of subsection (1), the regulations may set out how to determine when events of a
particular
kind
occur.
(3) At any time when an exemption certificate is in force, the Minister may, by written notice, extend
or further extend the period for which the certificate remains in force.
(4) An exemption certificate is granted subject to any conditions specified in the certificate.
46B Breaching a condition
The holder of an exemption certificate must not contravene a condition of the certificate.
Note: Contravening this section is not an offence. However, a person who contravenes this section is
liable to a civil penalty under Part 6.
30 At the end of paragraph 47(2)(b)
Add "for an amount not less than the amount that would otherwise have been applicable under subsection
48(3) for the launch or return".
31 Subsection 48(3)
After "not less than", insert "the lesser of the amount of $750 million (as indexed from time to time in
accordance with the regulations) and".
32 After paragraph 51(a)
Insert:
(aa) to ensure that notice is given, in accordance with the regulations, of returns of space objects that
were launched from the facility; and
33 After paragraph 51(b)
Insert:
(ba) to ensure that no person or property is endangered by any return of a space object that was
launched from the facility; and
34 At the end of subsection 52(2)
Add:
; and (d) give any directions about the return of a space object that was launched from the facility that
he or she considers necessary to avoid any danger to public health or to persons or property, including
directions to stop the return or destroy the space object.
56
35 Section 53
After "paragraph 52(2)(c)", insert "or (d)".
36 Paragraph 54(1)(a)
After "paragraph 52(2)(c)", insert "or (d)".
37 Subsection 59(1)
Repeal the subsection, substitute:
(1) The applicant for a launch permit, or for a transfer or variation of a launch permit, must pay the
Commonwealth any fee the regulations set in respect of the application.
38 Subsection 59(2)
After "certificate", insert ", or for a transfer or variation of an overseas launch certificate,".
39 After subsection 59(2)
Insert:
(2A) The applicant for an authorization under section 43, or for the variation of such an authorization, must
pay the Commonwealth any fee the regulations set in respect of the application.
40 Subsection 59(3)
After "licence", insert ", or for a transfer or variation of a space licence,".
41 After subsection 59(3)
Insert:
(3A) The holder of a space licence must pay the Commonwealth any annual licence fee the
regulations set in respect of the licence.
42 After subsection 59(6)
Insert:
(6A) The regulations may make provision for approved scientific or educational organisations to be
charged different fees under this section than other persons.
43 At the end of section 59
Add:
(9) The regulations may prescribe the circumstances in which the Minister may wholly or partly
waive fees that would otherwise be payable under this section.
44 After paragraph 60(b)
Insert:
; or (c) an applicant for, or the holder of, an overseas launch certificate; or
(d) an applicant for, or the holder of, an authorization under section 43;
45 Section 60
Omit "licence or permit", substitute "licence, permit, certificate or authorization".
57
46 Paragraph 61(g)
Omit "varying or revoking", substitute "varying, revoking or suspending".
47 After paragraph 61(i)
Insert:
(ia) refusing to extend, or further extend, the period for which an exemption certificate remains in
force; or
48 Paragraph 61(j)
Omit "overseas launch certificate or authorization under section 43", substitute "overseas launch certificate,
authorization under section 43 or exemption certificate".
49 At the end of section 61
Add:
; or (k) refusing to make a declaration under section 8A; or
(l) varying or revoking a declaration under section 8A.
50 After subsection 63(2)
Insert:
(2A) This Part also applies to damage a space object causes if:
(a) either:
(i) the object is launched from a launch facility in Australia; or
(ii) Australia is a launching State in relation to the object; and
(b) the object is returned to a place outside Australia; and
(c) the damage is caused during the liability period for the return.
51 Subsection 63(3)
Omit "subsection (1) or (2)", substitute "subsection (1), (2) or (2A)".
52 At the end of section 64
Add:
Note: This section does not affect the rights of persons who are not third parties (for example,
employees of a responsible party) from seeking compensation outside of this Act for damage to
which this Part applies. However, see also section 65 (which allows the regulations to make provision
in relation to the waiver of such rights).
53 At the end of section 69
Add:
(4) If:
(a) the responsible party has paid compensation for the damage of an amount equal to the insured
amount for the launch permit or overseas launch certificate; and
(b) apart from this section, the responsible party would be liable to pay further compensation to
Australian nationals for the damage of an amount (the excess amount ) in excess of the insured
amount for the launch permit or overseas launch certificate;
then the Commonwealth is liable to pay compensation to the Australian nationals for the damage
of an amount equal to so much of the excess amount as does not exceed $3 billion.
(5)The Consolidated Revenue Fund is appropriated for the purposes of payments by the
Commonwealth under subsection (4).
58
54 Paragraph 80(c)
Omit "subsection 30(2)", substitute "subsections 30(1) and (2)".
55 After paragraph 80(f)
Insert:
(fa)
section 46B (breaching a condition of an exemption certificate);
56 Section 85 (at the end of paragraph (b) of the definition of accident)
Add "(other than in the circumstances prescribed by the regulations)".
57 Section 106
Repeal the section, substitute:
A person is not subject to any liability to any person in respect of anything done, or omitted to be
done, in good faith in connection with the exercise or performance of powers, functions or duties
under this Act.
58 At the end of section 110
Add:
(2) The regulations may make provision for or in relation to a matter by applying, adopting or
incorporating (with or without modification) any matter contained in a written instrument or other
document, as in force at a particular time or as in force from time to time.
59 Paragraph 4 of Article XIX of Schedule 1
Omit "pubic", substitute "public".
60 Schedule 4
Repeal the Schedule, substitute:
Schedule 4—Agreement Governing the Activities of States on the Moon and other Celestial
Bodies
Note: This is the copy of the Agreement referred to in paragraph (d) of the definition of UN Space Treaties
in section 8 of this Act.
THE STATES PARTIES TO THIS AGREEMENT,
NOTING the achievements of States in the exploration and use of the moon and other celestial bodies,
RECOGNIZING that the moon, as a natural satellite of the earth, has an important role to play in the
exploration of outer space,
DETERMINED to promote on the basis of equality the further development of co-operation among States in
the exploration and use of the moon and other celestial bodies,
DESIRING to prevent the moon from becoming an area of international conflict,
BEARING IN MIND the benefits which may be derived from the exploitation of the natural resources of the
moon and other celestial bodies,
RECALLING the Treaty on Principles Governing the Activities of States in the Exploration and Use of
Outer Space, including the Moon and Other Celestial Bodies, the Agreement on the Rescue of Astronauts,
the Return of Astronauts and the Return of Objects Launched into Outer Space, the Convention on
International Liability for Damage Caused by Space Objects, and the Convention on Registration of Objects
Launched into Outer Space,
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TAKING INTO ACCOUNT the need to define and develop the provisions of these international instruments
in relation to the moon and other celestial bodies, having regard to further progress in the exploration and
use of outer space,
Have agreed on the following:
Article 1
1.
The provisions of this Agreement relating to the moon shall also apply to other celestial bodies within
the solar system, other than the earth, except in so far as specific legal norms enter into force with respect to
any of these celestial bodies.
2.
For the purposes of this Agreement reference to the moon shall include orbits around or other
trajectories to or around it.
3.
This Agreement does not apply to extraterrestrial materials, which reach the surface of the earth by
natural means.
Article 2
All activities on the moon, including its exploration and use, shall be carried out in accordance with
international law, in particular the Charter of the United Nations, and taking into account the Declaration on
Principles of International Law concerning Friendly Relations and Co-operation among States in accordance
with the Charter of the United Nations, adopted by the General Assembly on 24 October 1970, in the
interests of maintaining international peace and security and promoting international co-operation and
mutual understanding, and with due regard to the corresponding interests of all other States Parties.
Article 3
1.
The moon shall be used by all States Parties exclusively for peaceful purposes.
2.
Any threat or use of force or any other hostile act or threat of hostile act on the moon is prohibited. It
is likewise prohibited to use the moon in order to commit any such act or to engage in any such threat in
relation to the earth, the moon, spacecraft, the personnel of spacecraft or man-made space objects.
3.
States Parties shall not place in orbit around or other trajectory to or around the moon objects carrying
nuclear weapons or any other kinds of weapons of mass destruction or place or use such weapons on or in
the moon.
4.
The establishment of military bases, installations and fortifications, the testing of any type of
weapons and the conduct of military manoeuvres on the moon shall be forbidden. The use of military
personnel for scientific research or for any other peaceful purposes shall not be prohibited. The use of any
equipment or facility necessary for peaceful exploration and use of the moon shall also not be prohibited.
Article 4
1.
The exploration and use of the moon shall be the province of all mankind and shall be carried out for
the benefit and in the interests of all countries, irrespective of their degree of economic or scientific
development. Due regard shall be paid to the interests of present and future generations as well as to the
need to promote higher standards of living and conditions of economic and social progress and development
in accordance with the Charter of the United Nations.
2.
States Parties shall be guided by the principle of co-operation and mutual assistance in all their
activities concerning the exploration and use of the moon. International co-operation in pursuance of this
Agreement should be as wide as possible and may take place on a multilateral basis, on a bilateral basis or
through international intergovernmental organizations.
Article 5
1.
States Parties shall inform the Secretary-General of the United Nations as well as the public and the
international scientific community, to the greatest extent feasible and practicable, of their activities
concerned with the exploration and use of the moon. Information on the time, purposes, locations, orbital
parameters and duration shall be given in respect of each mission to the moon as soon as possible after
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launching, while information on the results of each mission, including scientific results, shall be furnished
upon completion of the mission. In the case of a mission lasting more than sixty days, information on
conduct of the mission, including any scientific results, shall be given periodically at thirty days' intervals.
For missions lasting more than six months, only significant additions to such information need be reported
thereafter.
2.
If a State Party becomes aware that another State Party plans to operate simultaneously in the same
area of or in the same orbit around or trajectory to or around the moon, it shall promptly inform the other
State of the timing of and plans for its own operations.
3.
In carrying out activities under this Agreement, States Parties shall promptly inform the SecretaryGeneral, as well as the public and the international scientific community, of any phenomena they discover in
outer space, including the moon, which could endanger human life or health, as well as of any indication of
organic life.
Article 6
1.
There shall be freedom of scientific investigation on the moon by all States Parties without
discrimination of any kind, on the basis of equality and in accordance with international law.
2.
In carrying out scientific investigations and in furtherance of the provisions of this Agreement, the
States Parties shall have the right to collect on and remove from the moon samples of its mineral and other
substances. Such samples shall remain at the disposal of those States Parties which caused them to be
collected and may be used by them for scientific purposes. States Parties shall have regard to the desirability
of making a portion of such samples available to other interested States Parties and the international
scientific community for scientific investigation. States Parties may in the course of scientific investigations
also use mineral and other substances of the moon in quantities appropriate for the support of their missions.
3.
States Parties agree on the desirability of exchanging scientific and other personnel on expeditions to
or installations on the moon to the greatest extent feasible and practicable.
Article 7
1.
In exploring and using the moon, States Parties shall take measures to prevent the disruption of the
existing balance of its environment whether by introducing adverse changes in that environment, by its
harmful contamination through the introduction of extra-environmental matter or otherwise. States Parties
shall also take measures to avoid harmfully affecting the environment of the earth through the introduction
of extraterrestrial matter or otherwise.
2.
States Parties shall inform the Secretary-General of the United Nations of the measures being adopted
by them in accordance with paragraph 1 of this article and shall also, to the maximum extent feasible, notify
him in advance of all placements by them of radio-active materials on the moon and of the purposes of such
placements.
3.
States Parties shall report to other States Parties and to the Secretary-General concerning areas of the
moon having special scientific interest in order that, without prejudice to the rights of other States Parties,
consideration may be given to the designation of such areas as international scientific preserves for which
special protective arrangements are to be agreed upon in consultation with the competent bodies of the
United Nations.
Article 8
1.
States Parties may pursue their activities in the exploration and use of the moon anywhere on or
below its surface, subject to the provisions of this Agreement.
2. For these purposes States Parties may, in particular:
(a) Land their space objects on the moon and launch them from the moon;
(b) Place their personnel, space vehicles, equipment, facilities, stations and installations anywhere on
or below the surface of the moon.
Personnel, space vehicles, equipment, facilities, stations and installations may move or be moved
freely over or below the surface of the moon.
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3. Activities of States Parties in accordance with paragraphs 1 and 2 of this article shall not interfere with the
activities of other States Parties on the moon. Where such interference may occur, the States Parties
concerned shall undertake consultations in accordance with article 15, paragraphs 2 and 3 of this Agreement.
Article 9
1.
States Parties may establish manned and unmanned stations on the moon. A State Party establishing a
station shall use only that area which is required for the needs of the station and shall immediately inform the
Secretary-General of the United Nations of the location and purposes of that station. Subsequently, at annual
intervals that State shall likewise inform the Secretary-General whether the station continues in use and
whether its purposes have changed.
2.
Stations shall be installed in such a manner that they do not impede the free access to all areas of the
moon by personnel, vehicles and equipment of other States Parties conducting activities on the moon in
accordance with the provisions of this Agreement or of article I of the Treaty on Principles Governing the
Activities of States in the Exploration and Use of Outer Space including the Moon and Other Celestial
Bodies.
Article 10
1.
States Parties shall adopt all practicable measures to safeguard the life and health of persons on the
moon. For this purpose they shall regard any person on the moon as an astronaut within the meaning of
article V of the Treaty on Principles Governing the Activities of States in the Exploration and Use of
Outer Space including the Moon and Other Celestial Bodies and as part of the personnel of a spacecraft
within the meaning of the Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return
of Objects Launched into Outer Space
2.
States Parties shall offer shelter in their stations, installations, vehicles and other facilities to persons
in distress on the moon.
Article 11
1.
The moon and its natural resources are the common heritage of mankind, which finds its expression
in the provisions of this Agreement and in particular in paragraph 5 of this article.
2.
The moon is not subject to national appropriation by any claim of sovereignty, by means of use or
occupation, or by any other means.
3.
Neither the surface nor the subsurface of the moon, nor any part thereof or natural resources in place,
shall become the property of any State, international intergovernmental or non-governmental organization,
national organization or non-governmental entity or of any natural person. The placement of personnel,
space vehicles, equipment, facilities, stations and installations on or below the surface of the moon,
including structures connected with its surface or subsurface, shall not create a right of ownership over the
surface or the subsurface of the moon or any areas thereof. The foregoing provisions are without prejudice to
the international regime referred to in paragraph 5 of this article.
4.
States Parties have the right to exploration and use of the moon without discrimination of any kind,
on the basis of equality and in accordance with international law and the terms of this Agreement.
5.
States Parties to this Agreement hereby undertake to establish an international regime, including
appropriate procedures, to govern the exploitation of the natural resources of the moon as such exploitation
is about to become feasible. This provision shall be implemented in accordance with article 18 of this
Agreement.
6.
In order to facilitate the establishment of the international regime referred to in paragraph 5 of this
article, States Parties shall inform the Secretary-General of the United Nations as well as the public and the
international scientific community, to the greatest extent feasible and practicable, of any natural resources
they may discover on the moon.
7. The main purposes of the international regime to be established shall include:
(a) The orderly and safe development of the natural resources of the moon;
(b) The rational management of those resources;
(c) The expansion of opportunities in the use of those resources;
(d) An equitable sharing by all States Parties in the benefits derived from those resources, whereby
62
the interests and needs of the developing countries, as well as the efforts of those countries which
have contributed either directly or indirectly to the exploration of the moon, shall be given special
consideration.
8. All the activities with respect to the natural resources of the moon shall be carried out in a manner
compatible with the purposes specified in paragraph 7 of this article and the provisions of article 6,
paragraph 2, of this Agreement.
Article 12
1.
States Parties shall retain jurisdiction and control over their personnel, vehicles, equipment, facilities,
stations and installations on the moon. The ownership of space vehicles, equipment, facilities, stations and
installations shall not be affected by their presence on the moon.
2.
Vehicles, installations and equipment or their component parts found in places other than their
intended location shall be dealt with in accordance with article 5 of the Agreement on Rescue of Astronauts,
the Return of Astronauts and the Return of Objects Launched into Outer Space.
3.
In the event of an emergency involving a threat to human life, States Parties may use the equipment,
vehicles, installations, facilities or supplies of other States Parties on the moon. Prompt notification of such
use shall be made to the Secretary-General of the United Nations or the State Party concerned.
Article 13
A State Party which learns of the crash landing, forced landing or other unintended landing on the moon of a
space object, or its component parts, that were not launched by it, shall promptly inform the launching State
Party and the Secretary-General of the United Nations.
Article 14
1.
States Parties to this Agreement shall bear international responsibility for national activities on the
moon, whether such activities are carried on by governmental agencies or by non-governmental entities, and
for assuring that national activities are carried out in conformity with the provisions set forth in this
Agreement. States Parties shall ensure that non-governmental entities under their jurisdiction shall engage in
activities on the moon only under the authority and continuing supervision of the appropriate State Party.
2.
States Parties recognize that detailed arrangements concerning liability for damage caused on the
moon, in addition to the provisions of the Treaty on Principles Governing the Activities of States in the
Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies and the Convention on
International Liability for Damage Caused by Space Objects, may become necessary as a result of more
extensive activities on the moon. Any such arrangements shall be elaborated in accordance with the
procedure provided for in article 18 of this Agreement.
Article 15
1.
Each State Party may assure itself that the activities of other States Parties in the exploration and use
of the moon are compatible with the provisions of this Agreement. To this end, all space vehicles,
equipment, facilities, stations and installations on the moon shall be open to other States Parties. Such States
Parties shall give reasonable advance notice of a projected visit, in order that appropriate consultations may
be held and that maximum precautions may be taken to assure safety and to avoid interference with normal
operations in the facility to be visited. In pursuance of this article, any State Party may act on its own behalf
or with the full or partial assistance of any other State Party or through appropriate international procedures
within the framework of the United Nations and in accordance with the Charter.
2.
A State Party which has reason to believe that another State Party is not fulfilling the obligations
incumbent upon it pursuant to this Agreement or that another State Party is interfering with the rights which
the former State has under this Agreement may request consultations with that State Party. A State Party
receiving such a request shall enter into such consultations without delay. Any other State Party which
requests to do so shall be entitled to take part in the consultations. Each State Party participating in such
consultations shall seek a mutually acceptable resolution of any controversy and shall bear in mind the rights
and interests of all States Parties. The Secretary-General of the United Nations shall be informed of the
63
results of the consultations and shall transmit the information received to all States Parties concerned.
3.
If the consultations do not lead to a mutually acceptable settlement which has due regard for the
rights and interests of all States Parties, the parties concerned shall take all measures to settle the dispute by
other peaceful means of their choice appropriate to the circumstances and the nature of the dispute. If
difficulties arise in connection with the opening of consultations or if consultations do not lead to a mutually
acceptable settlement, any State Party may seek the assistance of the Secretary-General, without seeking the
consent of any other State Party concerned, in order to resolve the controversy. A State Party which does not
maintain diplomatic relations with another State Party concerned shall participate in such consultations, at its
choice, either itself or through another State Party or the Secretary-General as intermediary.
Article 16
With the exception of articles 17 to 21, references in this Agreement to States shall be deemed to apply to
any international intergovernmental organization which conducts space activities if the organization declares
its acceptance of the rights and obligations provided for in this Agreement and if a majority of the States
members of the organization are States Parties to this Agreement and to the Treaty on Principles Governing
the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial
Bodies. States members of any such organization which are States Parties to this Agreement shall take all
appropriate steps to ensure that the organization makes a declaration in accordance with the foregoing.
Article 17
Any State Party to this Agreement may propose amendments to the Agreement. Amendments shall enter into
force for each State Party to the Agreement accepting the amendments upon their acceptance by a majority
of the States Parties to the Agreement and thereafter for each remaining State Party to the Agreement on the
date of acceptance by it.
Article 18
Ten years after the entry into force of this Agreement, the question of the review of the Agreement shall be
included in the provisional agenda of the General Assembly of the United Nations in order to consider, in the
light of past application of the Agreement, whether it requires revision. However, at any time after the
Agreement has been in force for five years, the Secretary-General of the United Nations, as depository, shall,
at the request of one third of the States Parties to the Agreement and with the concurrence of the majority of
the States Parties, convene a conference of the States Parties to review this Agreement. A review conference
shall also consider the question of the implementation of the provisions of article 11, paragraph 5, on the
basis of the principle referred to in paragraph 1 of that article and taking into account in particular any
relevant technological developments.
Article 19
1.
This Agreement shall be open for signature by all States at United Nations Headquarters in New
York.
2.
This agreement shall be subject to ratification by signatory States. Any State which does not sign this
Agreement before its entry into force in accordance with paragraph 3 of this article may accede to it at any
time. Instruments of ratification or accession shall be deposited with the Secretary-General of the United
Nations.
3.
This Agreement shall enter into force on the thirtieth day following the date of deposit of the fifth
instrument of ratification.
4.
For each State depositing its instrument of ratification or accession after the entry into force of this
Agreement, it shall enter into force on the thirtieth day following the date of deposit of any such instrument.
5.
The Secretary-General shall promptly inform all signatory and acceding States of the date of each
signature, the date of deposit of each instrument of ratification or accession to this Agreement, the date of its
entry into force and other notices.
Article 20
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Any State Party to this Agreement may give notice of its withdrawal from the Agreement one year after its
entry into force by written notification to the Secretary-General of the United Nations. Such withdrawal shall
take effect one year from the date of receipt of this notification.
Article 21
The original of this Agreement, of which the Arabic, Chinese, English, French, Russian and Spanish texts
are equally authentic, shall be deposited with the Secretary-General of the United Nations, who shall send
certified copies thereof to all signatory and acceding States.
IN WITNESS WHEREOF the undersigned, being duly authorized thereto by their respective Governments,
have signed this Agreement, opened for signature at New York on 18 December 1979.
[Signatures omitted]
61 Before Article 1 of Schedule 5
Omit "rendering of a", substitute "rendering of all".
62 Article 3 of Schedule 5
Omit "if necessary", substitute "if necessary,".
SPACE ACTIVITIES REGULATIONS 2001
Statutory Rules No. 186
I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the
advice of the Federal Executive Council, make the following Regulations under the Space Activities Act
1998.
Dated 28 June 2001
WILLIAM DEANE
Governor-General
By His Excellency's Command
NICK MINCHIN
Minister for Industry, Science and Resources
Contents
[…]
Part 1 Preliminary
1.01 Name of Regulations
These Regulations are the Space Activities Regulations 2001.
1.02 Commencement
These Regulations commence on gazettal.
65
1.03 Definitions
In these Regulations:
accredited translator, of a document that is not in English, means a person who:
(a)
is accredited, by the National Accreditation Authority for Translators and Interpreters, Australia, as a
translator in English and the language in which the document is written; or
(b)
is accredited, or otherwise recognised, as a translator in those languages by the competent authority of
another country that is responsible for the accreditation or recognition of translators in that country.
Act means the Space Activities Act 1998.
auditor means an independent auditor registered under the Corporations Law.
Flight Safety Code means the document called ‘Flight Safety Code’, published by the Department, as in
force on 26
June 2001.
parent body of a body corporate (the subsidiary) means a body corporate that:
(a)
is incorporated by or under a law of the Commonwealth or of a State or Territory or is a foreign
corporation; and
(b)
is a holding company, directly or indirectly, of the subsidiary; and
(c)
is not a subsidiary of another body corporate.
Part 2 Space licences
Division 2.1 General
2.01 Definitions for this Part
In this Part:
ground system, in relation to a launch facility, means the part of the launch facility consisting of the fuel
farm, the
refuelling facility, the payload preparation facilities, the flight launch pad, the control centre, and the vehicle
handling
systems.
relevant launch facility means:
(a)
in relation to an application for the grant of a space licence, the launch facility that is proposed to be
covered by the licence; and
(b)
in relation to an application for the transfer of a space licence, the launch facility that is covered by
the licence.
relevant launch vehicle means:
(a)
in relation to an application for the grant of a space licence, a launch vehicle of the kind that is
proposed to be covered by the licence; and
(b)
in relation to an application for the transfer of a space licence, a launch vehicle of the kind that is
covered by the licence.
Division 2.2 Criteria for launch facility
2.02 Criteria for launch facility
(1)
(2)
For paragraph 18 (f) of the Act, the criterion set out in subregulation (2) is prescribed.
The launch facility must be as effective and safe for its intended purpose as is reasonably possible
having regard to its design, its construction or proposed construction and that purpose.
Division 2.3 Criteria for kind of launch vehicle
2.03 Criteria for kind of launch vehicle
(1)
For paragraph 18 (g) of the Act, the criterion set out in subregulation (2) is prescribed.
66
(2)
The kind of launch vehicle must be as effective and safe for its intended purpose as is reasonably
possible having regard to its design and that purpose.
Division 2.4 Space licence conditions
2.04 Standard space licence conditions
(1)
(2)
In this regulation:
deemed employee means an individual who, although not employed by the holder of a space licence:
(a) performs a service for the holder; or
(b) is an employee of a person who performs such a service.
personnel record, of an individual who is employed by the holder of a space licence or who
performs a service for the holder, means a record of information about the individual that includes the
following:
(a) the individual’s name, residential address, qualifications and duties and functions;
(b) the date when the individual’s employment or service began;
(c) the individual’s usual place of residence (or each of them, if more than one), and employment
history, for the 10 years immediately preceding the making of the record.
For paragraph 20 (c) of the Act, the following conditions are specified:
(a) the holder of the licence must ensure that the launch facility and launch vehicles of the kind
covered by the licence are operated, and any construction associated with the launch facility is done,
in accordance with a program management plan that:
(i) is in accordance with regulation 2.11; and
(ii) is approved by the Minister;
(b) if subregulation (3) applies to the holder, the holder must ensure that any test flight of a launch
vehicle, or a launch vehicle of a kind, referred to in that subregulation that is conducted at the launch
facility is conducted, and the results of the test flight are recorded and reported, in accordance with a
flight test plan that:
(i) is in accordance with regulation 2.12; and
(ii) is approved by the Minister;
(c) the holder must ensure that the launch facility and launch vehicles are operated in accordance with
a technology security plan that:
(i) is in accordance with regulation 2.13; and
(ii) is approved by the Minister;
(d) the holder must comply with an emergency plan that is in accordance with regulation 2.14:
(i) in the event of an accident or incident or any other emergency of a kind referred to in that
regulation; or
(ii) in conducting exercises to test the plan and reporting in relation to those exercises;
(e) the holder must ensure that the launch facility is constructed and operated in accordance with:
(i) if another Australian law requires the holder to have an environmental plan approved for
the construction or operation of the launch facility — that plan; and
(ii) in any other case — an environmental plan, containing the arrangements and procedures
mentioned in regulation 2.17, that is approved by the Minister;
(f) the holder must give to the Minister, if the holder has not already done so under the Act or these
Regulations, a copy of each approval or authorization referred to in paragraph 2.16 (a);
(g) the holder must take all reasonably practical steps to amend, as necessary, the plans referred to in
paragraphs (a), (c) and (d), the plan referred to in paragraph (b) (if applicable) and whichever is
applicable of the plans referred to in paragraph (e) so that each plan is kept up-to-date;
(h) the holder must comply with any directions given from time to time to the holder under
subregulation (6);
(i) the holder must ensure that copies of all amendments of the program management plan, the
technology security plan and, if applicable, the flight test plan and the environmental plan referred to
in subparagraph (e) (ii), are given to the Minister;
(j) for each of the holder’s employees, or deemed employees, referred to in subregulation (5), the
holder must, if the holder has not already done so under paragraph 2.10 (1) (e), notify the Minister in
writing of:
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(3)
(4)
(5)
(6)
(i) the employee’s or deemed employee’s name, qualifications and duties or functions; and
(ii) the employee’s or deemed employee’s usual place of residence (or each of them, if more
than one), and employment history, for the 10 years immediately preceding the date of the
notice; and
(iii) if, for any reason, an employee changes his or her duties or functions within the holder’s
organisation, the changed duties or functions;
(k) the holder must keep a personnel record for each individual who is employed by the holder or
who performs a service for the holder:
(i) at the launch facility; or
(ii) doing anything, in the course of his or her duties or functions, directly connected with
operating the launch facility or operating the launch vehicles;
(l) the holder must retain each personnel record for 7 years after the last entry in it was made.
This subregulation applies to the holder of a licence if:
(a) the kind of launch vehicle covered by the licence is a new kind and no launch vehicles of that kind
have been flight tested; or
(b) a launch vehicle of the kind covered by the licence that the holder intends to use at the launch
facility has had a major modification made to it.
For subregulation (3), a launch vehicle or a kind of launch vehicle has had a major modification made
to it if:
(a) a change has been made to the design of the kind of launch vehicle that involves any change to the
type of engine, navigation system, flight control system or flight termination system specified in the
design, or involves the use of strap-on boosters; or
(b) it is modified in any other way that might affect, to a significant extent, any characteristic
affecting its operation or performance.
For paragraph (2) (j), the following are the employees or deemed employees:
(a) an employee or deemed employee who is employed at the launch facility;
(b) any other employee or deemed employee doing anything, in the course of his or her duties or
functions, directly connected with operating the launch facility or operating the launch vehicles.
For the purposes of performing functions or exercising powers under the Act, the Minister may give
to the holder a written direction in relation to the revision of any or all of the following plans:
(a) the program management plan;
(b) if subregulation (3) applies to the holder, the flight test plan;
(c) the technology security plan;
(c) if subparagraph (2) (e) (ii) applies to the holder, the environmental plan referred to in that
subparagraph.
(d)
Division 2.5 Applications for grant of space licences
2.05 Applications for grant of space licences (Act s 23)
An application for the grant of a space licence must be made in the way set out in this Division.
2.06 Form of application
(1)
The application:
(a) must be in writing; and
(b) must state:
(i) the applicant’s name and address; or
(ii) if the applicant is incorporated by or under a law of the Commonwealth or of a State or
Territory, the applicant’s name, registered address and ACN and the names and addresses of
the people responsible for its management and control; and
(c) must describe the relevant launch facility and specify its location; and
(d) must state when the applicant proposes to commence operating and, if construction of the launch
facility has not yet commenced, constructing the launch facility; and
(e) must specify the kind of launch vehicle proposed to be covered by the space licence; and
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(2)
(3)
(4)
(5)
(6)
(f) if the applicant proposes to conduct a test flight or flights of a relevant launch vehicle at the launch
facility, must state the date of the proposed flight or flights; and
(g) must give:
(i) the name of an individual within the applicant’s organisation who is able to deal with all
matters in relation to the application; and
(ii) the telephone number at which the individual may be contacted at all times, the telephone
number (if any) to which a facsimile message for the individual may be transmitted and the
individual’s e-mail address (if any); and
(h) must be accompanied by the documents referred to in subregulation (4).
The application, and any documents required to accompany the application under this regulation,
must be lodged with the Department.
If a document is not in English, the document must have with it a translation of it into English and a
related certificate of verification by an accredited translator.
For paragraph (1) (h), the following are the documents:
(a) documents, in accordance with paragraphs 2.10 (1) (a) to (d), relating to the applicant’s
organisational structure and financial standing;
(b) documents, in accordance with paragraph 2.10 (1) (e), relating to particular persons who would, if
the space licence were granted to the applicant, have duties or functions connected with the operation
of the relevant launch facility or relevant launch vehicles using the launch facility;
(c) a copy of the program management plan, in accordance with regulation 2.11, under which the
applicant proposes to operate the launch facility and launch vehicles and do any construction
associated with the launch facility;
(d) a copy of the design and engineering plans and specifications for the launch facility;
(e) if subregulation (6) applies to the applicant, a copy of the flight test plan, in accordance with
regulation 2.12, that the applicant proposes to use in relation to any test flight of a launch vehicle, or
launch vehicle of a kind, mentioned in that subregulation that is conducted at the launch facility;
(f) a copy of the technology security plan, in accordance with regulation 2.13, that the applicant
proposes to use in operating the launch facility and the relevant launch vehicles;
(g) a copy of the emergency plan, in accordance with regulation 2.14, that the applicant proposes to
use in relation to an accident, incident, or any other emergency referred to in that regulation;
(h) evidence of any necessary approval (however described) that the applicant is required to have by
or under any Australian law for any of the arrangements or procedures in the emergency plan, from
the ambulance, fire, police and other emergency services operating in the State or Territory where the
launch facility is, or is proposed to be, located;
(i) evidence to show that all necessary environmental approvals under Australian law have been
obtained for the construction and operation of the relevant launch facility (including, if for any reason
a particular environmental approval is not necessary, evidence to that effect);
(j) if no other Australian law requires the applicant to have an environmental plan approved for the
construction and operation of the launch facility:
(i) a copy of an environmental plan containing the arrangements and procedures mentioned in
regulation 2.17; and
(ii) a written assessment, by an independent person having suitable qualifications and
experience, of the adequacy of the arrangements and procedures set out in the plan;
(k) in relation to the kind of launch vehicle:
(i) the documents mentioned in regulation 2.15; or
(ii) if there is a technical recognition agreement that covers the kind of launch vehicle or a
relevant launch vehicle, a written statement to that effect and copies of all documents and
information in connection with, or incidental to, the kind of launch vehicle or relevant launch
vehicle, referred to in the technical recognition agreement;
(l) a copy of an outstanding acquittals plan, in accordance with regulation 2.16.
The flight test plan may be included as part of the applicant’s program management plan or may be a
separate document.
This sub-regulation applies to the applicant if:
(a) the kind of launch vehicle proposed to be covered by the space licence is a new kind and no
launch vehicles of that kind have been flight tested; or
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(7)
(8)
(b) a relevant launch vehicle that the applicant intends to use at the launch facility has had a major
modification made to it.
For sub-regulation (6), a launch vehicle or a kind of launch vehicle has had a major modification
made to it if:
(a) a change has been made to the design of the kind of launch vehicle that involves any change to the
type of engine, navigation system, flight control system or flight termination system specified in the
design, or involves the use of strap-on boosters; or
(b) it is modified in any other way that might affect, to a significant extent, any characteristic
affecting its operation or performance.
In this regulation:
technical recognition agreement means an agreement (however described) between Australia and
another country that:
(a) is in force; and
(b) recognises the other country’s licensing or certification for a particular launch vehicle or kind of
launch vehicle for the purpose of showing that the launch vehicle or kind of launch vehicle can
reasonably be expected to be as effective and safe as possible for its intended purpose having
regard to its design and that purpose.
Division 2.6 Applications for transfer of space licences
2.07 Applications for transfer of space licences (Act s 23)
An application for a transfer of a space licence must be made in the way set out in this Division.
2.08 Form of application
(1)
(2)
(3)
(4)
The application:
(a) must be in writing; and
(b) must state the reference number of the relevant space licence; and
(c) must state:
(i) the proposed transferee’s name and address; or
(ii) if the proposed transferee is incorporated by or under a law of the Commonwealth or of a
State or Territory, the transferee’s name, registered address and ACN and the names and
addresses of the people responsible for its management and control; and
(d) must state when the transferee proposes to commence operating and, if construction of the
relevant launch facility has not yet commenced, constructing the launch facility; and
(e) if the transferee proposes to conduct a test flight or flights of a relevant launch vehicle at the
launch facility, must state the date of the proposed flight or flights; and
(f) must give:
(i) the name of an individual within the transferee’s organisation who is able to deal with all
matters in relation to the application; and
(ii) the telephone number at which the individual may be contacted at all times, the telephone
number (if any) to which a facsimile message for the individual may be transmitted and the
individual’s e-mail address (if any); and
(g) must be signed by the proposed transferor and transferee; and
(h) must be accompanied by the documents referred to in subregulation (4).
The application, and any documents required to accompany the application under this regulation,
must be lodged with the Department.
If a document is not in English, the document must have with it a translation of it into English and a
related certificate of verification by an accredited translator.
For paragraph (1) (h), the following are the documents:
(a) documents, in accordance with paragraphs 2.10 (1) (a) to (d), relating to the transferee’s
organisational structure and financial standing;
(b) documents, in accordance with paragraph 2.10 (1) (e), relating to particular persons who would, if
the space licence were transferred to the transferee, have duties or functions connected with the
operation of the relevant launch facility or relevant launch vehicles using the launch facility;
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(5)
(6)
(7)
(8)
(c) a copy of the program management plan, in accordance with regulation 2.11, under which the
transferee proposes to operate the launch facility and launch vehicles and do any construction
associated with the launch facility;
(d) if the construction of the launch facility has not commenced or is not completed or the transferee
proposes to modify the launch facility, a copy of the design and engineering plans and specifications
for the construction or modification;
(e) if subregulation (7) applies to the transferee, a copy of the flight test plan, in accordance with
regulation 2.12, that the transferee proposes to use in relation to any test flight of a launch vehicle, or
launch vehicle of a kind, mentioned in that subregulation that is conducted at the launch facility;
(f) a copy of the technology security plan, in accordance with regulation 2.13, that the transferee
proposes to use in operating the launch facility and the relevant launch vehicles;
(g) a copy of the emergency plan, in accordance with regulation 2.14, that the transferee proposes to
use in relation to an accident, incident, or any other emergency referred to in that regulation;
(h) evidence of any necessary approval (however described) that the transferee is required to have by
or under any Australian law for the arrangements and procedures set out in the emergency plan, from
the ambulance, fire, police and other emergency services operating in the State or Territory where the
launch facility is, or is proposed to be, located;
(i) evidence to show that all necessary environmental approvals that the transferee is required to have
by or under any Australian law have been obtained for the construction and operation of the launch
facility (including, if for any reason a particular environmental approval is not necessary, evidence to
that effect);
(j) if no other Australian law requires the transferee to have an environmental plan approved for the
construction and operation of the launch facility:
(i) a copy of an environmental plan containing the arrangements and procedures mentioned in
regulation 2.17; and
(ii) a written assessment, by an independent person having suitable qualifications and
experience, of the adequacy of the arrangements and procedures set out in the plan;
(k) a copy of an outstanding acquittals plan, in accordance with regulation 2.16.
The flight test plan may be included as part of the transferee’s program management plan or may be a
separate document.
However, the application need not be accompanied by the program management plan, the flight test
plan (if applicable), the technology security plan, the emergency plan, the outstanding acquittals plan
or, if applicable, the environmental plan and accompanying assessment if:
(a) the plan that the transferee proposes to use, or under which the transferee proposes to operate, is
the same as the plan that the transferor uses, or under which the transferor operates, in complying
with these Regulations; and
(b) the transferee includes a written statement to that effect in the application.
This subregulation applies to the transferee if:
(a) the kind of launch vehicle covered by the space licence is a new kind and no launch vehicles of
that kind have been flight tested; or
(b) a relevant launch vehicle that the applicant intends to use at the launch facility has had a major
modification made to it.
For subregulation (7), a launch vehicle or a kind of launch vehicle has had a major modification made
to it if:
(a) a change has been made to the design of the kind of launch vehicle that involves any change to the
type of engine, navigation system, flight control system or flight termination system specified in the
design, or involves the use of strap-on boosters; or
(b) it is modified in any other way that might affect, to a significant extent, any characteristic
affecting its operation or performance.
Division 2.7 Documents relevant to conditions and applications under this Part
2.09 Definitions for this Division
In this Division:
applicant, in relation to an application for the transfer of a space licence, means the proposed transferee.
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2.10 Applicant’s organisational structure and financial standing
(1)
(2)
For paragraphs 2.06 (4) (a) and (b) or paragraphs 2.08 (4) (a) and (b), the documents must consist of:
(a) a written description of the applicant’s organisational structure, including:
(i) the chain of command within the structure; and
(ii) duties and responsibilities of each position in the chain of command; and
(b) evidence of the applicant’s financial standing and financial ability to construct and operate the
relevant launch facility, together with an auditor’s report verifying the applicant’s financial viability;
and
(c) a written description of the applicant’s system for financial management, including the methods
that the applicant uses to ensure sound financial management; and
(d) a written assessment, by an independent person having suitable qualifications and experience, of
the soundness and adequacy of the applicant’s system for financial management; and
(e) for each individual referred to in subregulation (2), a statement setting out the individual’s name,
qualifications, experience, and usual place of residence (or each of them, if more than one), and
employment history, for the 10 years immediately preceding the date of the application.
For paragraph (1) (e), the following are the individuals:
(a) if the applicant is incorporated by or under a law of the Commonwealth or of a State or Territory,
each director of the applicant;
(b) the person holding, or performing the duties of, the position of chief executive officer (however
described) within the applicant’s organisation;
(c) a manager within the structure who, subject to any direction by a person mentioned in paragraph
(b), would, if the space licence were granted or transferred to the applicant, have authority to
direct:
(i) the operation, or any part of the operation, of the relevant launch facility; or
(ii) the operation, or any part of the operation, of a relevant launch vehicle using the launch
facility;
(d) a person (whether or not employed by the applicant) whose functions or duties would, if the
space licence were granted or transferred to the applicant, include responsibility for:
(i) the operation, maintenance, or both, of the ground system of the launch facility; or
(ii) the quality assurance of the launch vehicles and their payloads;
(e) a person (whether or not employed by the applicant) whose functions or duties include anything
directly connected with preparing, or would, if the space licence were granted or transferred to
the applicant, include anything directly connected with implementing or monitoring, the
technology security plan referred to in regulation 2.13.
2.11 Program management plan for launch facility and launch vehicles
For this Part, a program management plan must include at least the following:
(a) a description of the holder’s or applicant’s strategies for operating the relevant launch facility and
relevant launch vehicles using the launch facility;
(b) a description of the holder’s or applicant’s practices and procedures to control the operation of
the launch facility and the launch vehicles and a description of the arrangements for reporting on
their operation;
(c) a description of the quality assurance plan or plans covering the operation of the launch facility
and the launch vehicles and, if the launch facility is not yet constructed, the construction of the
launch facility;
(d) a description of the system for maintaining documents and records relating to the operation of the
launch facility and the launch vehicles;
(e) a description of the arrangements for the maintenance and servicing of the launch facility and the
launch vehicles, including:
(i) a description of the system for recording scheduled and unscheduled maintenance that is
carried out on the launch facility and the launch vehicles; and
(ii) the procedures for reporting on failures, malfunctions or defects in the launch facility and
the launch vehicles;
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(f) a description of how the holder or applicant conducts, or proposes to conduct, the launch
activities:
(i) so as to reduce risks to third parties to a level that is as low as is reasonably possible; and
(ii) so as to satisfy the launch safety standards set out in the Flight Safety Code;
(g) a description of any additional arrangements of the holder or applicant to enhance the safety of
the launch activities.
2.12 Flight test plan for conducting test flights
For this Part, a flight test plan for conducting a test flight:
(a)
must set out the purpose of the test flight; and
(b)
must show the configuration of the launch vehicle or vehicles to be tested; and
(c)
must give details of the flight tracking system for the launch vehicle or vehicles; and
(d)
must set out the procedures for the launch or launches; and
(e)
must set out the procedures for terminating the test flight; and
(f)
must make provision for recording the results of the test flight; and
(g)
must set out the arrangements for reporting those results to the Minister.
2.13 Technology security plan for launch facility and launch vehicles
(1)
(2)
For this Part, a technology security plan:
(a) must cover the arrangements and procedures to be followed by the holder or applicant for
safeguarding the technology that is or will be used in operating the relevant launch facility and
relevant launch vehicles using the launch facility; and
(b) if there is in force an agreement (however described) between Australia and another country or
countries that provides for the safeguarding of all or part of that technology, must be appropriate
to ensure that Australia gives effect to its obligations under that agreement.
The procedures referred to in paragraph (1) (a) must include the procedures to be followed by the
holder or applicant for preventing unauthorised people from having access to the technology.
2.14 Emergency plan for launch facility and launch vehicles
For this Part, an emergency plan must include at least the following:
(a)
a description of the actions to be taken by the persons who are responsible, or, if the space
licence were granted or transferred to the applicant, would be responsible, for responding to an
accident or incident involving a relevant launch vehicle that is launched, or attempted to be
launched, from the relevant launch facility;
(b)
a description of the actions to be taken by the persons who are responsible, or, if the space
licence were granted or transferred to the applicant, would be responsible, for responding to
any other kind of emergency:
(i) involving a relevant launch vehicle that is launched, or attempted to be launched, from the
launch facility; or
(ii) occurring at or near the launch facility that interrupts, or might interrupt, its operation or
may endanger public health or public safety or cause substantial damage to property; or
(iii) occurring on the site of the launch facility during its construction that may endanger
public health or public safety or cause substantial damage to property;
(c)
a list of the authorities or persons that are to be notified by the holder or applicant in relation
to the accident, incident or emergency;
(d)
a description of the arrangements for coordinating, with those authorities or persons, any
action to be taken in relation to the accident, incident or emergency;
(e)
the details of appropriate evacuation procedures for any kind of accident, incident or
emergency:
(i) involving a relevant launch vehicle that is launched, or attempted to be launched, from the
relevant launch facility; or
(ii) at or near the launch facility or on the site of the launch facility during its construction;
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(f)
(g)
(h)
(i)
(j)
the details of exercises to test the plan, including a description of the arrangements for
conducting the exercises annually and reporting to the Minister the results of those exercises;
a description of the arrangements for reviewing the effectiveness of responses in emergencies
or exercises, including reporting to the Minister the results of any review;
a description of the procedures that, if an accident happens, are to be followed by the holder or
applicant for locating the launch vehicle concerned or its wreckage and, in accordance with
any necessary permission of the Minister or Investigator under the Act, for recovering and
removing the launch vehicle or its wreckage;
a description of the arrangements for providing the equipment and facilities necessary for the
purpose of responding to and dealing with the accident;
a description of the arrangements to ensure that the holder or applicant meets the holder’s or
applicant’s obligations under any Australian law:
(i) in the event of an accident or incident or any other emergency of a kind referred to in
this regulation; or
(ii) in conducting exercises to test the plan and reporting in relation to those exercises.
2.15 Documents relating to the kind of launch vehicles
For subparagraph 2.06 (4) (k) (i), the documents are as follows:
(a)
a statement setting out the name and address of the designer of the kind of launch vehicle;
(b)
the technical specifications of the kind of launch vehicle, including the technical specifications of the
following systems for launch vehicles of that kind:
(i) the structural system;
(ii) the propulsion system;
(iii) the fuel system;
(iv) the electrical system, including the power supply and power distribution systems;
(v) the electronic systems, including the guidance system, communications system, flight control
system, computer system and data management system;
(vi) the flight safety system;
(c)
a statement setting out the name and address of the manufacturer, and country of manufacture, of the
relevant launch vehicles;
(d)
a description of the manufacturer’s quality assurance system and system for configuration
management;
(e)
written information that shows whether the manufacturer has quality assurance certification that is
accepted internationally or by a competent organisation in Australia;
(f)
written information that shows whether the launch vehicles have been manufactured in accordance
with, and tested and inspected having regard to, the designer’s specifications and any standards for
such manufacture, testing and inspection accepted by the competent authority in the country of
manufacture;
(g)
the name and address of the manufacturer of each system mentioned in paragraph (b);
(h)
a description of the development, qualification and acceptance programs (including a description of
the results of the qualification and acceptance verification programs) for both the hardware and
software of the systems mentioned in paragraph (b);
(h)
an outline of the verification plans for both the hardware and software of the systems mentioned in
paragraph (b), including information about any qualification testing, functional testing, modelling and
analyses that have been carried out in relation to those systems.
2.16 Outstanding acquittals plan
For this Part, an outstanding acquittals plan:
(a)
must list all activities in relation to the construction and operation of the launch facility and operation
of the launch vehicles for which an approval or other authorization of any kind is required by or
under any other Australian law; and
(b)
must, for each activity listed under paragraph (a), describe the arrangements for obtaining the
approval or authorization or each approval or authorization, including the time frame within which
the approval or authorization must be obtained; and
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(c)
must contain a schedule that, in relation to each particular matter referred to in a plan mentioned in
paragraph 2.04 (2) (a) or (c) or, if applicable, paragraph 2.04 (2) (b) or subparagraph 2.04 (2) (e) (ii)
that is to be verified, validated or acquitted in a way referred to or described in the plan:
(i) lists the matter to be verified, validated or acquitted; and
(ii) describes the arrangements for obtaining the verification, validation or acquittal, including the
time frame within which it must be obtained.
Division 2. 8 Miscellaneous
2.17 Arrangements and procedures for environmental plan for launch facility
For subparagraphs 2.04 (2) (e) (ii), 2.06 (4) (j) (i) and 2.08 (4) (j) (i), the arrangements and procedures are:
(a)
the holder’s, applicant’s or proposed transferee’s arrangements:
(i) for monitoring and mitigating any adverse effects of the operation of the launch facility, and any
construction associated with it, on the environment; and
(ii) for implementing the environmental plan; and
(b)
the procedures to be followed by the holder, applicant or proposed transferee:
(i) for reporting on the implementation of the plan; and
(ii) for reviewing the plan; and
(iii) for ensuring that the launch facility is operated, and any construction associated with it is done, in
accordance with any applicable requirements under Australian law for the protection of the
environment.
Part 3 Launch permits
Division 3.1 Criteria for launch permits
3.01 Criteria for launch permits
(1)
(2)
For paragraph 26 (3) (h) of the Act, the criterion set out in subregulation (2) is prescribed.
The person has an adequate environmental plan for conducting the launch or launches, and any
connected return.
Division 3.2 Launch permit conditions
3.02 Standard launch permit conditions
(1)
For paragraph 28 (1) (b) of the Act, the following conditions are specified:
(a) the holder of a launch permit must meet all the costs and expenses of any investigation under Part
7 of the Act into the circumstances surrounding any accident or incident involving a space object
launched or attempted to be launched, under the launch permit, that occurs during:
(i) the liability period for the launch of the space object from the launch facility; or
(ii) the liability period for the return of the space object to a place in Australia;
(b) if the holder is given a direction under paragraph 52 (2) (c) of the Act, the holder:
(i) must record the action taken by the holder in response to the direction; and
(ii) must, within 5 working days after the direction is given to the holder, give to the Minister a
copy of the record and the direction; and
(iii) must retain the direction and record for 7 years after the day when the direction was given;
(c) if the holder is given a copy of a record and a copy of the direction to which the record relates
under paragraph 8.03 (2) (b), the holder:
(i) must, within 5 working days after the copy of the record and the direction are given to the
holder, give to the Minister a copy of the record and the direction; and
(ii) must retain a copy of the record and direction for 7 years after the day when the direction
was given;
(d) the holder must give to the Minister the following information and confirmations before the
launch of a space object under the launch permit:
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(2)
(i) confirmation of the date and time of the launch and any connected return;
(ii) any changes to any other information already given to the Minister about the launch and
any connected return, including, in accordance with the flight safety plan referred to in
regulation 3.10, any changes to the assumptions and data used in the hazard analysis referred
to in paragraph 3.04 (4) (c) or 3.06 (4) (c);
(iii) if the information includes any changes to the assumptions and data, written confirmation
that the hazard analysis continues to meet the launch safety standards set out in the Flight
Safety Code;
(iv) confirmation of the trajectory of the space object;
(e) the holder must, if the holder has not already done so under the Act or these Regulations, give to
the Minister the following information and report as soon as possible after the launch of a space
object:
(i) the information referred to in subparagraph 1 (d) of Article IV of the Registration
Convention about the launch;
(ii) any information required by the Flight Safety Code to be given to the Minister;
(iii) a report on the compliance of the launch with the launch safety standards and the
assumptions and data used in the hazard analysis;
(f) the holder must ensure that the launch or launches and any connected return are conducted in
accordance with:
(i) a program management plan that is in accordance with regulation 3.08 and approved by the
Minister; and
(ii) a technology security plan that is in accordance with regulation 3.09 and approved by the
Minister; and
(iii) a flight safety plan that is in accordance with regulation 3.10 and approved by the
Minister;
(g) the holder must also ensure that each launch and any connected return under the launch permit is
conducted in accordance with:
(i) if another Australian law requires the holder to have an environmental plan approved for
the launch and any connected return — that plan; and
(ii) in any other case — an environmental plan, containing the arrangements and procedures
mentioned in regulation 3.12, that is approved by the Minister;
(h) the holder must take all reasonably practical steps to amend, as necessary, the plans referred to in
subparagraphs (f) (i), (ii) and (iii) and whichever is applicable of the plans referred to in paragraph (g)
so that each plan is kept up-to-date;
(i) the holder must comply with any directions given from time to time to the holder under
subregulation (2);
(j) the holder must ensure that copies of all amendments of the program management plan, the
technology security plan and the flight safety plan and, if applicable, the environmental plan referred
to in subparagraph (g) (ii), are given to the Minister.
For the purposes of performing functions or exercising powers under the Act, the Minister may give
to the holder a written direction in relation to the revision of any or all of the following plans:
(a) the program management plan;
(b) the technology security plan;
(c) the flight safety plan;
(d) if subparagraph (2) (g) (ii) applies to the holder, the environmental plan referred to in that
subparagraph.
Division 3.3 Applications for grant of launch permits
3.03 Applications for grant of launch permits (Act s 32)
An application for the grant of a launch permit must be made in the way set out in this Division.
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3.04 Form of application
(1)
(2)
(3)
(4)
The application:
(a) must be in writing; and
(b) must state the applicant’s name, registered address and ACN and the names and addresses of the
people responsible for its management and control; and
(c) must state the reference number of the applicant’s space licence; and
(d) must specify the date and time of the launch or launches, and any connected return, proposed to
be conducted under the launch permit; and
(e) must specify:
(i) each payload to be carried, including the name of its owner, manufacturer and country of
manufacture; and
(ii) the purpose for which each payload is intended to be used; and
(f) for each payload to be carried:
(i) must give details of the proposed orbit (if any) of the payload; and
(ii) must include an inventory of the sensors and other information-gathering devices that are
attached to the payload or powered by it; and
(g) must give details of the nominated trajectory of each space object proposed to be launched; and
(h) must include:
(i) the information referred to in subparagraphs 1 (a), (b) and (e) of Article IV of the
Registration Convention; and
(ii) the information referred to in subparagraphs 1 (c) and (d) of Article IV of the Registration
Convention, so far as the applicant knows that information; and
(i) if a particular space object is proposed to be returned to a particular place or area, must specify the
place or area; and
(j) must give:
(i) the name of an individual within the applicant’s organisation who is able to deal with all
matters in relation to the application; and
(ii) the telephone number at which the individual may be contacted at all times, the telephone
number (if any) to which a facsimile message for the individual may be transmitted and the
individual’s e-mail address (if any); and
(k) must have with it any information required by the Flight Safety Code to be lodged with the
application; and
(l) must be accompanied by the documents referred to in subregulation (4).
The application, and any documents required to accompany the application under this regulation,
must be lodged with the Department.
If a document is not in English, the document must have with it a translation of it into English and a
related certificate of verification by an accredited translator.
For paragraph (1) (l), the following are the documents:
(a) evidence that the applicant is a corporation;
(b) a statement that sets out the name, qualifications and technical experience of each person (whether
or not employed by the applicant) whose functions or duties would, if the permit were granted to the
applicant, include responsibility for any of the following in relation to a launch that is conducted
under the launch permit:
(i) if a payload is to be carried — the preparation of the payload and its integration with the
launch vehicle on which it is to be carried;
(ii) installing any software in the space object concerned and verifying that the software
functions correctly;
(iii) verifying that the structural system, propulsion system, fuel system, electrical system and
electronic system of the space object function correctly;
(iv) the launch and any connected return;
(v) safeguarding the technology used in relation to the launch and any connected return;
(c) a hazard analysis of the proposed launch or each launch, and any connected return, that meets the
launch safety standards set out in the Flight Safety Code and:
(i) has been carried out, by a person approved by the Minister, in accordance with the Risk
Hazard Analysis Methodology contained in the Flight Safety Code; or
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(ii) has been carried out in accordance with an alternative methodology approved by the
Minister;
(d) in the case of a hazard analysis carried out in accordance with the Risk Hazard Analysis
Methodology — written confirmation, by the person who carried out the analysis, that it meets the
launch safety standards set out in the Flight Safety Code;
(e) in the case of a hazard analysis carried out in accordance with an alternative methodology:
(i) written confirmation, by the person who carried out the analysis, that it meets the launch
safety standards set out in the Flight Safety Code; and
(ii) written confirmation, by an independent person who is approved by the Minister, that the
analysis has been carried out in accordance with the alternative methodology and meets the
launch safety standards set out in the Flight Safety Code;
(f) in relation to a return of a space object that is proposed to be launched under the launch permit:
(i) a statement of the procedures to be followed by the applicant for the recovery of the
returned space object and for its removal from the place where it comes to rest; and
(ii) a statement that sets out details of the ground track for re-entry and of altitudes, velocities,
timings, staging events, and predicted errors in accuracy for re-entry and landing for the
return;
(g) a statutory declaration by the person holding or performing the duties of the position of chief
executive officer (however described) within the applicant’s organisation verifying that the space
object or objects concerned are not, and do not contain, a nuclear weapon or a weapon of mass
destruction of any other kind;
(h) a copy of the program management plan, in accordance with regulation 3.08, under which the
applicant proposes to conduct the launch or launches, and any connected return;
(i) a copy of the technology security plan, in accordance with regulation 3.09, under which the
applicant proposes to conduct the launch or launches, and any connected return;
(j) a flight safety plan, in accordance with regulation 3.10, under which the applicant proposes to
conduct the launch or launches, and any connected return, together with written confirmation by a
person approved by the Minister that the launch or launches, and any connected return, if carried out
in accordance with the plan, will satisfy the launch safety standards set out in the Flight Safety Code;
(k) in relation to the criterion set out in paragraph 26 (3) (d) of the Act:
(i) a written statement indicating whether the applicant proposes to satisfy the insurance
requirements under paragraph 47 (2) (a) of the Act or to show direct financial responsibility
under paragraph 47 (2) (b) of the Act; and
(ii) if the applicant proposes to satisfy the insurance requirements under paragraph 47 (2) (a)
of the Act, an insurance compliance plan, in accordance with regulation 3.11;
(l) if no other Australian law requires the applicant to have an environmental plan approved for the
launch or launches, and any connected return:
(i) a copy of an environmental plan, containing the arrangements and procedures mentioned in
regulation 3.12, under which the applicant proposes to conduct the launch or launches, and any
connected return; and
(ii) a written assessment, by an independent person having suitable qualifications and
experience, of the adequacy of the arrangements and procedures set out in the plan;
(m) if a document specified in the Flight Safety Code is required by the Code to be lodged with an
application for a launch permit, a copy of that document.
Division 3.4 Applications for transfer of launch permits
3.05 Applications for transfer of launch permits (Act s 32)
An application for a transfer of a launch permit must be made in the way set out in this Division.
3.06 Form of application
(1)
The application:
(a) must be in writing; and
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(2)
(3)
(4)
(b) must state the reference number of the proposed transferor’s launch permit and the reference
number of the proposed transferee’s space licence (if any); and
(c) must state the transferee’s name, registered address and ACN and the names and addresses of the
people responsible for its management and control; and
(d) must specify the date and time of the launch or launches, and any connected return, proposed to
be conducted under the launch permit; and
(e) must specify:
(i) each payload to be carried, including the name of its owner, manufacturer and country of
manufacture; and
(ii) the purpose for which each payload is intended to be used; and
(f) for each payload to be carried:
(i) must give details of the proposed orbit (if any) of the payload; and
(ii) must include an inventory of the sensors and other information-gathering devices that are
attached to the payload or powered by it; and
(g) must give details of the nominated trajectory of each space object proposed to be launched; and
(h) must include:
(i) the information referred to in subparagraphs 1 (a), (b) and (e) of Article IV of the
Registration Convention; and
(ii) the information referred to in subparagraphs 1 (c) and (d) of Article IV of the Registration
Convention, so far as the transferee knows that information; and
(i) if a particular space object is proposed to be returned to a particular place or area, must specify the
place or area; and
(j) must give:
(i) the name of an individual within the proposed transferee’s organisation who is able to deal
with all matters in relation to the application; and
(ii) the telephone number at which the individual may be contacted at all times, the telephone
number (if any) to which a facsimile message for the individual may be transmitted and the
individual’s e-mail address (if any); and
(k) must be signed by the proposed transferor and transferee; and
(l) must be accompanied by the documents referred to in subregulation (4).
The application, and any documents required to accompany the application under this regulation,
must be lodged with the Department.
If a document is not in English, the document must have with it a translation of it into English and a
related certificate of verification by an accredited translator.
For paragraph (1) (l), the following are the documents:
(a) evidence that the proposed transferee is a corporation;
(b) a statement that sets out the name, qualifications and technical experience of each person (whether
or not employed by the transferee) whose functions or duties would, if the permit were transferred to
the transferee, include responsibility for any of the following in relation to a launch that is conducted
under the launch permit:
(i) if a payload is to be carried — the preparation of the payload and its integration with the
launch vehicle on which it is to be carried;
(ii) installing any software in the space object concerned and verifying that the software
functions correctly;
(iii) verifying that the structural system, propulsion system, fuel system, electrical system and
electronic system of the space object function correctly;
(iv) the launch and any connected return;
(v) safeguarding the technology used in relation to the launch and any connected return;
(c) a hazard analysis of the proposed launch or each launch, and any connected return, that meets the
launch safety standards set out in the Flight Safety Code and:
(i) has been carried out, by a person approved by the Minister, in accordance with the Risk
Hazard Analysis Methodology contained in the Flight Safety Code; or
(ii) has been carried out in accordance with an alternative methodology approved by the
Minister;
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(5)
(d) in the case of a hazard analysis carried out in accordance with the Risk Hazard Analysis
Methodology — written confirmation, by the person who carried out the analysis, that it meets the
launch safety standards set out in the Flight Safety Code;
(e) in the case of a hazard analysis carried out in accordance with an alternative methodology:
(i) written confirmation, by the person who carried out the analysis, that it meets the launch
safety standards set out in the Flight Safety Code; and
(ii) written confirmation, by an independent person who is approved by the Minister, that the
analysis has been carried out in accordance with the alternative methodology and meets the
launch safety standards set out in the Flight Safety Code;
(f) a statutory declaration by the person holding or performing the duties of the position of chief
executive officer (however described) in the transferee’s organisation verifying that the space object
or objects concerned are not, and do not contain, a nuclear weapon or a weapon of mass destruction
of any other kind;
(g) a copy of the program management plan, in accordance with regulation 3.08, under which the
transferee proposes to conduct the launch or launches, and any connected return;
(h) a copy of the technology security plan, in accordance with regulation 3.09, under which the
transferee proposes to conduct the launch or launches, and any connected return;
(i) a flight safety plan, in accordance with regulation 3.10, under which the transferee proposes to
conduct the launch or launches and any connected return, together with written confirmation by a
person approved by the Minister that the launch or launches and any connected return, if carried out
in accordance with the plan, will satisfy the launch safety standards set out in the Flight Safety Code;
(j) in relation to the criterion in paragraph 26 (3) (d) of the Act:
(i) a written statement indicating whether the transferee proposes to satisfy the insurance
requirements under paragraph 47 (2) (a) of the Act or to show direct financial responsibility
under paragraph 47 (2) (b) of the Act; and
(ii) if the transferee proposes to satisfy the insurance requirements under paragraph 47 (2) (a)
of the Act, an insurance compliance plan, in accordance with regulation 3.11;
(k) if no other Australian law requires the transferee to have an environmental plan approved for the
launch or launches, and any connected return:
(i) a copy of an environmental plan, containing the arrangements and procedures mentioned in
regulation 3.12, under which the transferee proposes to conduct the launch or launches, and
any connected return; and
(ii) a written assessment, by an independent person having suitable qualifications and
experience, of the adequacy of the arrangements and procedures set out in the plan.
However, the application need not:
(a) include the information referred to in paragraph (1) (d), (e), (f), (g), (h) or (i) if:
(i) the information is the same as the information that the transferor has most recently given to
the Minister; and
(ii) the transferee includes a written statement to that effect in the application; or
(b) be accompanied by the program management plan, the technology security plan or, if applicable,
the environmental plan and accompanying assessment if:
(i) the plan that the transferee proposes to use, or under which the transferee proposes to
operate, is the same as the plan that the transferor uses, or under which the transferor operates,
in complying with these Regulations; and
(ii) the transferee includes a written statement to that effect in the application; or
(c) be accompanied by the flight safety plan, the insurance compliance plan (if applicable) or the
hazard analysis and accompanying confirmation or confirmations if there is no change to any payload
to be carried on any launch vehicle to be launched under the launch permit.
Division 3.5 Documents relevant to conditions and applications under this Part
3.07 Definitions for this Division
In this Division:
applicant, in relation to an application for the transfer of a launch permit, means the proposed transferee.
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3.08 Program management plan for launches
For this Part, a program management plan must include at least the following:
(a)
a description of the holder’s or applicant’s procedures for conducting the launch or launches, and any
connected return, including:
(i) the arrangements to ensure the safety of ground operations; and
(ii) the flight safety arrangements for the launch or each launch, covering the period beginning when
an engine of the launch vehicle concerned is started and ending when all its engines stop operating;
and
(iii) for the launch or each launch, any changes to the mission flight arrangements, the procedures to
confirm that the launch vehicle concerned is ready for assembly, the procedures for its assembly, the
procedures for launch countdown, and the procedures to recover from any abnormal event concerning
the launch;
(b)
a description of the holder’s or applicant’s arrangements for reporting on a launch;
(c)
a description of the holder’s or applicant’s arrangements:
(i) to ensure that the holder’s or applicant’s personnel who have, or would have, duties or functions in
connection with the launch or launches and any connected return are properly prepared for the launch
or launches or return and are aware of the person’s duties and functions on the day of a launch or
return; and
(ii) for responding to any problems encountered in carrying out the launch or launches and any
connected return and for taking actions to resolve those problems;
(d)
a statement identifying all hazardous ground operations associated with the launch or launches and a
description of the holder’s or applicant’s procedures to manage those operations;
(e)
the details of the holder’s or applicant’s communications arrangements for the launch or launches and
any connected return, including launch area communications, communications from drop zones to
launch area, telemetry communications (including the details of the radio frequencies to be used) and
emergency communications;
(f)
the details of any change to each payload to be carried and the effect of the change on the
performance and stability of the launch vehicle concerned.
3.09 Technology security plan for launches
(1)
(2)
For this Part, a technology security plan:
(a) must cover the arrangements and procedures to be followed by the holder or applicant for
safeguarding the technology that is, or will be, used in conducting the launch or launches and any
connected return (including the technology used for, or in connection with, integrating a payload with
the launch vehicle that is to carry the payload and moving the resultant space object onto the launch
pad for launching); and
(b) if there is in force an agreement (however described) between Australia and another country or
countries that provides for the safeguarding of all or part of that technology, must be appropriate to
ensure that Australia gives effect to its obligations under that agreement.
The procedures referred to in paragraph (1) (a) must include the procedures to be followed by the
holder or applicant for preventing unauthorised people from having access to the technology.
3.10 Flight safety plan for launches
For this Part, a flight safety plan must set out:
(a)
the strategies used, or to be used, by the holder or applicant to ensure that the launch or launches and
any connected return will be conducted in accordance with the launch safety standards set out in the
Flight Safety Code; and
(b)
the arrangements to be followed by the holder or applicant to ensure compliance with the launch
safety standards; and
(c)
the assumptions and data used in the hazard analysis referred to in paragraph 3.04 (4) (c) or 3.06 (4)
(c) for the launch or launches and any connected return; and
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(d)
(e)
the arrangements to be followed by the holder or applicant for reporting to the Minister any changes
to the assumptions and data and any changes in the arrangements for carrying out the launch or
launches and any connected return; and
the arrangements to be followed by the holder or applicant for reporting, after the launch or launches
and any connected return have been carried out, on the compliance of the launch or launches and any
connected return with the launch safety standards set out in the Flight Safety Code and the
assumptions and data.
3.11 Insurance Compliance Plan
For this Part, an insurance compliance plan must include at least the following:
(a)
a statement setting out the name and address of the insurer or proposed insurer of the launch or
launches and any connected return;
(b)
a statement setting out:
(i) the name and address of the party taking out the insurance for the launch or launches and any
connected return; and
(ii) details of all risks to be covered by the contract of insurance;
(c)
a certificate from the insurer or proposed insurer to the effect that the insurer has the financial
capacity to insure each launch or return proposed to be covered by the contract of insurance for the
amount for which the launch or return would, if the launch permit were granted to the applicant, be
required to be insured under section 48 of the Act.
Division 3.6 Miscellaneous
3.12 Arrangements and procedures for environmental plan for launches
For subparagraph 3.02 (1) (g) (ii), 3.04 (4) (l) (i) or 3.06 (4) (k) (i), the arrangements and procedures are:
(a)
the holder’s, applicant’s or proposed transferee’s arrangements:
(i) for monitoring and mitigating any adverse effects of each launch, and any connected return,
conducted under the launch permit on the environment; and
(ii) for implementing the plan; and
(b)
the procedures to be followed by the holder, applicant or proposed transferee:
(i) for reporting on the implementation of the plan; and
(ii) for reviewing the plan; and
(iii) for ensuring that each launch, and any connected return, conducted under the launch permit, is
conducted in accordance with any applicable requirements under Australian law for the protection of
the environment.
Part 4 Overseas launch certificates
Division 4.1 Criteria for overseas launch certificates
4.01 Criteria for overseas launch certificates
(1)
(2)
For paragraph 35 (2) (d) of the Act, the criterion set out in subregulation (2) is prescribed.
No part of the space object or objects concerned, in which the person has an ownership interest, must
be or contain a nuclear weapon or a weapon of mass destruction of any other kind.
Division 4.2 Applications for grant of overseas launch certificates
4.02 Applications for grant of overseas launch certificates (Act s 39)
An application for the grant of an overseas launch certificate must be made in the way set out in this
Division.
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4.03 Form of application
(1)
(2)
(3)
(4)
The application:
(a) must be in writing; and
(b) must state the applicant’s name and address or, if the applicant is incorporated by or under a law
of the Commonwealth or of a State or Territory:
(i) the applicant’s name, registered address and ACN and the names and addresses of its
directors; and
(ii) if the applicant is a subsidiary of, or is under the direction or financial control of, a parent
body, the names and addresses of the directors of the parent body; and
(c) must specify the launch facility proposed to be covered by the overseas launch certificate, its
location and the date when it commenced operating or is proposed to commence operating; and
(d) must specify:
(i) the date and time of the proposed launch or, if that information is not available to the
applicant at the time of the application, the period (which must not be longer than 6 months)
within which the launch is proposed to take place; or
(ii) for a particular series of launches, the date and time of each proposed launch or, if that
information is not available to the applicant at the time of the application, the period (which
must not be longer than 6 months) within which the series is proposed to take place; and
(e) must specify the kind of launch vehicle proposed to be covered by the overseas launch certificate,
including the launch vehicle or vehicles proposed to be launched under the certificate; and
(f) must specify each payload to be carried in which the applicant has an ownership interest, including
the name of its manufacturer and country of manufacture; and
(g) must give details of the proposed orbit (if any) of each payload; and
(h) must give details of all nominated trajectories or range of trajectories of each space object
concerned; and
(i) must include the information referred to in paragraph 1 of Article IV of the Registration
Convention about each payload to be carried in which the applicant has an ownership interest, so far
as the applicant knows that information; and
(j) must give:
(i) the name of an individual within the applicant’s organisation who is able to deal with all
matters in relation to the application; and
(ii) the telephone number at which the individual may be contacted at all times, the telephone
number (if any) to which a facsimile message for the individual may be transmitted and the
individual’s e-mail address (if any); and
(k) must be accompanied by the documents referred to in subregulation (4).
The application, and any documents required to accompany the application under this regulation,
must be lodged with the Department.
If a document is not in English, the document must have with it a translation of it into English and a
related certificate of verification by an accredited translator.
For paragraph (1) (k), the following are the documents:
(a) all publicly available information about launches, or attempted launches, at the launch facility
using launch vehicles of the kind proposed to be covered by the overseas launch certificate for the 5
years immediately preceding the date of the application;
(b) documents, in accordance with regulation 4.07, relating to:
(i) the applicant’s organisational structure; and
(ii) particular persons who would, if the overseas launch certificate were granted to the
applicant, have duties or functions connected with the proposed launch or launches;
(c) a statement that sets out the details of any contractual arrangements between the applicant and any
other persons directly connected with the launch or launches;
(d) enough information about the launch or launches (that is, information that the Minister reasonably
requires and that could reasonably be expected to be available to the applicant) to enable the Minister
to make an informed decision as to the probability of the launch or launches causing substantial harm
to public health or public safety or causing substantial damage to property;
(e) in relation to each space object that is proposed to be launched, a statutory declaration:
(i) by the applicant; or
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(ii) if the applicant is a body incorporated by or under a law of the Commonwealth, or of a
State or Territory, by the person holding or performing the duties of the position of chief
executive officer (however described) within the applicant’s organisation;
verifying that any part of the space object in which the applicant has an ownership interest is not, and
does not contain, a nuclear weapon or a weapon of mass destruction of any other kind;
(f) if any part of any space object in which the applicant has an ownership interest contains any
fissionable material and the Minister’s written approval for it to do so has been obtained, a copy of
that approval.
Division 4.3 Applications for transfer of overseas launch certificates
4.04 Applications for transfer of overseas launch certificates (Act s 39)
An application for a transfer of an overseas launch certificate must be made in the way set out in this
Division.
4.05 Form of application
(1)
(2)
The application:
(a) must be in writing; and
(b) must state the reference number of the relevant overseas launch certificate; and
(c) must state the transferee’s name and address or, if the transferee is incorporated by or under a law
of the Commonwealth or of a State or Territory:
(i) the transferee’s name, registered address and ACN and the names and addresses of its
directors; and
(ii) if the transferee is a subsidiary of, or is under the direction or financial control of, a parent
body, the names and addresses of the directors of the parent body; and
(d) must specify:
(i) the date and time of the proposed launch or, if that information is not available to the
applicant at the time of the application, the period (which must not be longer than 6 months)
within which the launch is proposed to take place; or
(ii) for a particular series of launches, the date and time of each proposed launch or, if that
information is not available to the applicant at the time of the application, the period (which
must not be longer than 6 months) within which the series is proposed to take place; and
(e) must specify each payload to be carried in which the transferee has an ownership interest,
including the name of its manufacturer and country of manufacture; and
(f) must give details of the proposed orbit (if any) of each payload; and
(g) must give details of all nominated trajectories or range of trajectories of each space object
concerned; and
(h) must include the information referred to in paragraph 1 of Article IV of the Registration
Convention that relates to each payload to be carried in which the transferee has an ownership
interest, so far as the transferee knows that information; and
(i) must give:
(i) the name of an individual within the transferee’s organisation who is able to deal with all
matters in relation to the application; and
(ii) the telephone number at which the individual may be contacted at all times, the telephone
number (if any) to which a facsimile message for the individual may be transmitted and the
individual’s e-mail address (if any); and
(j) must be signed by both the proposed transferor and transferee; and
(k) must be accompanied by the documents referred to in subregulation (5).
However, the application need not include the information referred to in paragraph (1) (d), (e), (f), (g)
or (h) if:
(a) the information is the same as the information that the transferor has most recently given to the
Minister; and
(b) the transferee includes a written statement to that effect in the application.
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(3)
(4)
(5)
The application, and any documents required to accompany the application under this regulation,
must be lodged with the Department.
If a document is not in English, the document must have with it a translation of it into English and a
related certificate of verification by an accredited translator.
For paragraph (1) (k), the following are the documents:
(a) documents, in accordance with regulation 4.07, relating to:
(i) the proposed transferee’s organisational structure; and
(ii) particular persons who would, if the overseas launch certificate were transferred to the
transferee, have duties or functions connected with the proposed launch or launches;
(b) a statement that sets out the details of any contractual arrangements between the transferee and
any other persons directly connected with the launch or launches;
(c) in relation to each space object that is proposed to be launched, a statutory declaration:
(i) by the transferee; or
(ii) if the transferee is a body incorporated by or under a law of the Commonwealth, or of a
State or Territory, by the person holding or performing the duties of the position of chief
executive officer (however described) in the transferee’s organisation;
verifying that any part of the space object in which the transferee has an ownership interest is not, and
does not contain, a nuclear weapon or a weapon of mass destruction of any other kind;
(d) if any part of any space object in which the transferee has an ownership interest contains any
fissionable material and the Minister’s written approval for it to do so has been obtained, a copy of
that approval.
Division 4.4 Documents relevant to applications under this Part
4.06 Definitions for this Division
In this Division:
applicant, in relation to an application for the transfer of a overseas launch certificate, means the proposed
transferee.
4.07 Applicant’s organisational structure
For paragraph 4.03 (4) (b) or 4.05 (5) (a), the documents must consist of:
(a)
a written description of the applicant’s organisational structure or the part of the applicant’s
organisational structure established, or proposed to be established, by the applicant to conduct or
carry out the operations covered by the application, including:
(i) the chain of command within the structure; and
(ii) the duties and responsibilities of each position in the chain of command; and
(b)
for each of the applicant’s employees whose duties or functions include doing anything directly
connected with that part of the launch or launches for which the applicant has direct responsibility, a
statement setting out:
(i) the employee’s name, duties and functions, qualifications and experience; and
(ii) the employee’s usual place of residence (or each of them, if more than one), and employment
history, for the 10 years immediately preceding the date of the application.
Part 5 Authorization of return of overseas-launched space objects
5.01 Other criteria for authorising returns of overseas-launched space objects
For paragraph 43 (3) (f) of the Act, the other criteria are that:
(a)
the person who is to carry out the return or returns must have all necessary environmental approvals
under Australian law for the return or returns; and
(b)
the person must have an adequate environmental plan for the return or returns.
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Part 6 Exemption certificates
6.01 Matters to which Minister must have regard
For subsection 46 (2) of the Act, the Minister must have regard to the following matters in deciding whether
to issue an exemption certificate to a person covering specified conduct:
(a)
whether the conduct is required to deal with an emergency;
(b)
the probability of the conduct causing substantial harm to public health or public safety or causing
substantial damage to property;
(c)
the probability of the Commonwealth being exposed to liability, under the Liability Convention or
otherwise under international law, for damage caused by the conduct.
Part 7 Insurance/financial requirements
7.01 Direct financial responsibility
(1)
(2)
(3)
For paragraph 47 (2) (b) of the Act, the holder of a launch permit, overseas launch certificate or
section 43 authorization covering a launch or return must show direct financial responsibility for the
launch or return in accordance with this regulation.
The holder must provide:
(a) evidence that the holder has net assets sufficient to cover any liability that the holder might incur
for any damage to third parties caused by the launch or return concerned, or other evidence that
shows that the holder is able to comply with any obligation of the holder to pay compensation for
such damage; and
(b) any information that the Minister asks for in writing for the purpose of showing that the holder is
able to comply with any obligation of the holder to pay compensation for such damage.
However, if the holder is incorporated by or under a law of the Commonwealth or of a State or
Territory and is a subsidiary of, or is under the direction or financial control of, another body having
legal personality, the holder:
(a) must provide:
(i) evidence that the holder has net assets sufficient to cover any liability that the holder might
incur for any damage to third parties caused by the launch or return concerned, or other
evidence that shows that the holder is able to comply with any obligation of the holder to pay
compensation for such damage; and
(ii) any information that the Minister asks for in writing for the purpose of showing that the
holder is able to comply with any obligation of the holder to pay compensation for such
damage; or
(b) must provide:
i) evidence that the holder and the other body together have net assets sufficient to cover any
liability that the holder might incur for such damage, or other evidence that shows that the
holder is able to comply with any obligation of the holder to pay compensation for such
damage; and
ii) a guarantee by the other body that, to the extent that any part of any obligation of the holder
to pay compensation for such damage is to be covered by the other body’s net assets, it will
meet that part of the obligation; or
(c) must provide:
i) evidence that the other body has net assets sufficient to cover any liability that the holder
might incur for such damage, or other evidence that shows that the holder is able to comply
with any obligation of the holder to pay compensation for such damage; and
(ii) a guarantee by the other body that it will meet any obligation of the holder to pay
compensation for such damage.
7.02 Maximum probable loss
(1)
For paragraph 48 (3) (a) of the Act, the method of determining the amount of maximum probable loss
is as follows:
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(2)
(a) work out the value of third-party casualty losses (within the meaning of the Maximum Probable
Loss Methodology) for the launch or return in accordance with the Maximum Probable Loss
Methodology;
(b) work out the value of third-party property losses (within the meaning of the Maximum Probable
Loss Methodology) for the launch or return in accordance with the Maximum Probable Loss
Methodology;
(c) work out the value of losses arising from environmental damage (within the meaning of the
Maximum Probable Loss Methodology) for the launch or return in accordance with the Maximum
Probable Loss Methodology;
(d) work out the value of loss of economic use (within the meaning of the Maximum Probable Loss
Methodology) for the launch or return in accordance with the Maximum Probable Loss Methodology;
(e) obtain written confirmation, by an independent person having suitable qualifications and
experience who is approved by the Minister, that the values obtained under paragraphs (a) to (d) have
been worked out in accordance with the Maximum Probable Loss Methodology;
(f) work out the amount of the maximum probable loss by adding the values obtained in paragraphs
(a) to (d) that have been confirmed in accordance with paragraph (e).
In subregulation (1):
Maximum Probable Loss Methodology means the document called ‘Maximum Probable Loss
Methodology’, published by the Department, as in force on 26 June 2001.
7.03 Different method of determining minimum amount of total insurance
(1)
(2)
For paragraph 48 (3) (b) of the Act, the method of determining the minimum amount of total
insurance for a launch authorised by an overseas launch certificate is:
(a) to obtain, from a jointly-appointed insurance analyst, an assessment as to the amount of liability to
pay compensation that the Commonwealth might incur, under the Liability Convention, or otherwise
under international law, for any damage to third parties caused by the launch; and
(b) to use the assessed amount as the minimum amount of total insurance.
In subregulation (1):
jointly-appointed insurance analyst means an insurer or actuary who:
(a) is jointly appointed by the Minister and the applicant for the overseas launch certificate; and
(b) is professionally qualified to give the assessment referred to in paragraph (1) (a).
Part 8 Launch Safety Officer
8.01 Functions of Launch Safety Officer — notice of launches
(1)
(2)
(3)
For paragraph 51 (a) of the Act, notice of a launch at a licensed launch facility must be given in
accordance with this regulation.
The Launch Safety Officer for the facility must ensure that, not earlier than 10 working days and not
later than 2 working days before the launch is due to be carried out, a notice stating the date and time
of the launch:
(a) is given in writing to the people, authorities and services referred to in subregulation (3); and
(b) if there is a community in a place that is within a 50-kilometre radius of the launch facility:
(i) is published in all local newspapers for the community; and
(ii) is published in any other publication circulated in the community that has been agreed to in
writing by the local government authority for the place; and
(iii) is broadcast by all local radio stations for the community.
For paragraph (2) (a), the people, authorities and services are as follows:
(a) the Secretary of each of the following Departments:
(i) the Department of the Prime Minister and Cabinet;
(ii) the Attorney-General’s Department;
(iii) the Department of Foreign Affairs and Trade;
(iv) the Department of Defence;
(v) the Department of Transport and Regional Services;
(b) the Director of the Civil Aviation Safety Authority;
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(4)
(c) the local government authority for the local government area in which the launch facility is
located;
(d) the relevant officials in relation to affected States and Territories, as specified in subregulation
(4);
(e) the Director-General, Emergency Management Australia;
(f) the Manager, Aeronautical Information Service, Airservices Australia;
(g) the Director, North American Aerospace Defence Command, United States Space Command;
(h) the operator of any ground-based public transport service that operates in a place within a 50kilometre radius of the launch facility.
For paragraph (3) (d), the relevant officials are:
(a) in relation to the State or Territory in which the launch facility is located — the officials specified
in relation to that State or Territory in columns 3 and 4 of the following table; and
(b) in relation to a State or Territory over which the space object is intended to fly — the officials
specified in relation to that State or Territory in column 4 of that table.
Column 1
Item
Column 2
State or Territory
Column 3
Officials — launch facility
Column 4
Officials — launch facility and overflight
1
New South Wales
Director-General, Premier’s Department
Director-General, State Emergency Service of New South Wales
2
Victoria
Secretary, Department of Premier and Cabinet
Commissioner, Office of the Emergency Services Commissioner
3
Queensland
Director-General, Department of the Premier and Cabinet
Director-General, Department of State Development
4
Western Australia
Director-General, Ministry of the Premier and Cabinet
FESA Chief Executive Officer, Fire and Emergency Services Authority of Western Australia
5
South Australia
Chief Executive, Department of the Premier and Cabinet
Director, State Emergency Service of South Australia;
6
Tasmania
Secretary, Department of Premier and Cabinet
Director, State Emergency Service of Tasmania
7
Australian Capital Territory
Chief Executive, Chief Minister’s Department
Executive Director, Emergency Management of the Australian Capital Territory
8
Northern Territory of Australia
Secretary, Department of the Chief Minister
Director, Fire and Emergency Services of the Northern Territory
9
Christmas Island
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(5)
Administrator, the Territory of Christmas Island
Director-General, Ministry of the Premier and Cabinet of Western Australia
Team Leader, Christmas Island Police
FESA Chief Executive Officer, Fire and Emergency Services Authority of Western Australia
If there is a community in a place that is within a 50-kilometre radius of the launch facility, the
Launch Safety Officer must also ensure that another notice of the launch, including any changes to
the information already given under subregulation (2), is broadcast not earlier than 12 hours and not
later than 1 hour before the launch by all local radio stations for the community.
8.02 Procedure for giving directions
(1)
(2)
For paragraph 54 (1) (a) of the Act, the procedure set out in subregulation (2) is prescribed.
The Launch Safety Officer for a licensed launch facility:
(a) must record each direction given under paragraph 52 (2) (c) of the Act; and
(b) must provide a copy of it to the Minister within 10 working days after it is given.
8.03 Procedure for complying with directions
(1)
(2)
For paragraph 54 (1) (b) of the Act, the procedure set out in subregulation (2) is prescribed.
The person to whom a direction is given under paragraph 52 (2) (c) of the Act must, as soon as
practicable:
(a) record the action that has been taken, or that is proposed to be taken, in response to the direction;
and
(b) if the person is not the holder of the space licence for the launch facility concerned, provide to the
holder a copy of the record and the direction to which the record relates.
Penalty: 50 penalty units.
(3)
An offence against this regulation is an offence of strict liability within the meaning of section 6.1 of
the Criminal Code.
Part 9 Fees
9.01 Definitions
In this Part:
GST Act means the A New Tax System (Goods and Services Tax) Act 1999.
9.02 Fees in respect of launches authorised by launch permits
(1)
(2)
(3)
For subsection 59 (1) of the Act, the fee in respect of launches authorised by a launch permit is the
sum of:
(a) $44 000; and
(b) if the permit authorises a particular series of launches, $11 000 for each launch after the first
launch authorised by the permit.
The fee referred to in subregulation (1) is the price of the taxable supply within the meaning of the
GST Act.
For subsection 59 (8) of the Act, the fee referred to in subregulation (1) must be paid:
(a) in the case of the amount mentioned in paragraph (1) (a) — within 30 days after the grant of the
permit; and
(b) in the case of an amount mentioned in paragraph (1) (b) — within 30 days after the launch to
which the amount relates.
9.03 Fees in respect of applications for overseas launch certificates
(1)
For subsection 59 (2) of the Act, the fee in respect of an application for the grant or transfer of an
overseas launch certificate is $11 000.
89
(2)
(3)
The fee referred to in subregulation (1) is the price of the taxable supply within the meaning of the
GST Act.
For subsection 59 (8) of the Act, the fee referred to in subregulation (1) must be paid at the time when
the application is made.
9.04 Fees in respect of applications for space licences
(1)
(2)
For subsection 59 (3) of the Act, the fee in respect of an application for the grant or transfer of a
space licence is $300 000.
Note The payment of licence fee under section 59 of the Act is not the provision of consideration for
the purpose of the GST Act: see the A New Tax System (Goods and Services Tax) (Exempt Taxes,
Fees and Charges) Determination 2000 (No. 2).
For subsection 59 (8) of the Act, the fee referred to in subregulation (1) must be paid:
(a) at the time when the application is made; or
(b) in 2 equal instalments, as follows:
(i) in the case of the first instalment of $150 000 — when the application is made;
(ii) in the case of the second instalment of $150 000 — within 4 months after the day when the
application is made.
9.05 Fees in respect of applications for exemption certificates
(1)
(2)
(3)
For subsection 59 (4) of the Act, the fee in respect of an application for an exemption certificate is
$11 000.
The fee referred to in subregulation (1) is the price of the taxable supply within the meaning of the
GST Act.
For subsection 59 (8) of the Act, the fee referred to in subregulation (1) must be paid at the time when
the application is made.
9.06 Non-payment of fees
If any amount of a fee referred to in regulation 9.02, 9.03, 9.04 or 9.05 remains unpaid after the time when it
becomes due for payment, it is a debt due to the Commonwealth and may be recovered in a court of
competent jurisdiction.
Part 10 Investigation of accidents
10.01 Fees for persons assisting Investigator
(1)
(2)
For subsection 90 (2) of the Act, a person who assists an Investigator must be paid fees worked out as
follows:
(a) if the person is invited to assist because of the person’s occupation, and in practising that
occupation he or she is remunerated by wages or salary — an amount equal to the daily rate of the
person’s remuneration, for each day on which he or she assists the Investigator;
(b) if the person is invited to assist because of the person’s occupation, and in practising that
occupation he or she is remunerated by fees — an amount equal to the average hourly rate of fees
charged by the person, for each hour, or part of an hour, spent by him or her in assisting the
Investigator;
(c) in any other case — $95 for each day on which he or she assists the Investigator.
In subregulation (1):
average hourly rate, in relation to fees charged by a person, means the average hourly rate charged
by the person for the previous 3 services provided by the person of a kind comparable to the
assistance given to the Investigator.
daily rate, in relation to a person’s remuneration, means the sum of:
(a) the daily rate of the person’s wages or salary calculated using the method set out in subregulation
(3); and
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(3)
(b) the amount towards the person’s superannuation that the person’s employer must contribute in
relation to the amount referred to in paragraph (a); and
(c) if the person’s remuneration includes an annual allowance of any kind in addition to the wages or
salary referred to in paragraph (a), the daily rate of that allowance calculated using the method set out
in subregulation (3).
For subregulation (2):
(a) the daily rate of a person’s wages is:
where:
A is the average hourly rate of wages earned by the person over the 20 most recent days for which the
person was paid wages; and
(b) the daily rate of a person’s salary is:
; and
(c) the daily rate of a person’s annual allowance is:
10.02 Allowances for persons assisting Investigator
For subsection 90 (2) of the Act, a person who assists an Investigator must be paid allowances worked out as
follows:
(a)
if the person is invited to assist because of the person’s occupation, and in practising that occupation
he or she is remunerated by wages or salary — an amount equal to the allowances to which the
person would be entitled, if the assistance were given in the course of his or her occupation;
(b)
in any other case — if the person is required to be absent overnight from his or her usual place of
residence, a reasonable amount, as the Investigator allows, for:
(i) transport between the person’s usual place of residence and the place where his or her assistance is
required; and
(ii) meals and accommodation.
10.03 Fees and allowances for persons attending before Investigator
(1)
(2)
(3)
For subsection 91 (7) of the Act, a person who attends before an Investigator, because of his or her
professional, scientific or other special skill or knowledge, must be paid the following amount of fees:
(a) if the person is remunerated in his or her occupation by wages, salary or fees — an amount equal
to the amount of wages, salary or fees lost because of his or her attendance;
(b) in any other case — an amount of not less than $95 or more than $475, as the Investigator allows,
for each day on which he or she attends.
A person who attends before an Investigator, other than a person referred to in subregulation (1),
must be paid the following amount of fees:
(a) if the person is remunerated in his or her occupation by wages, salary or fees — an amount equal
to the amount of wages, salary or fees lost because of his or her attendance;
(b) in any other case — an amount of not less than $54 or more than $89, as the Investigator allows,
for each day on which he or she attends.
A person who attends before an Investigator must be paid a reasonable amount, as the Investigator
allows, for allowances for:
(a) transport between the person’s usual place of residence and the place where he or she attends
before the Investigator; and
(b) if the person is required to be absent overnight from his or her usual place of residence — meals
and accommodation.
Part 11 Miscellaneous
11.01 Delegation by Minister
The Minister may, in writing, delegate any or all of his or her powers under the following provisions to the
person performing the duties of the position of Director of Space Licensing and Safety Office in the
Department:
(a)
subparagraph 3.04 (4) (c) (i);
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(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
subparagraph 3.04 (4) (c) (ii);
subparagraph 3.04 (4) (e) (ii);
paragraph 3.04 (4) (j);
subparagraph 3.06 (4) (c) (i);
subparagraph 3.06 (4) (c) (ii);
subparagraph 3.06 (4) (e) (ii);
paragraph 3.06 (4) (i);
paragraph 7.02 (1) (e).
11.02 AAT review of decisions
Application may be made to the Administrative Appeals Tribunal for review of:
(a)
a direction given by the Minister under the following provisions:
(i) subregulation 2.04 (6);
(ii) subregulation 3.02 (2); or
(b)
a decision by an Investigator to allow an amount under the following provisions:
(i) paragraph 10.02 (b);
(ii) paragraph 10.03 (1) (b);
(iii) paragraph 10.03 (2) (b);
(iv) subregulation 10.03 (3).
Note
1. Notified in the Commonwealth of Australia Gazette on 5 July 2001.
BELGIUM
LAW ON THE ACTIVITIES OF LAUNCHING, FLIGHT OPERATIONS OR GUIDANCE OF
SPACE OBJECTS
[UNOFFICIAL TRANSLATION]
Chapter I -General provisions
Article I.
This law governs a subject referred to in Article 78 of the Constitution.
Art. 2.
1.
2.
This law covers the activities of launching, flight operations and guidance of space objects carried out
by natural or legal persons in the zones placed under the jurisdiction or control of the Belgian State or
using installations, personal or real property, owned by the Belgian State or which are under its
jurisdiction or its control.
When provided for under an international agreement, this law may apply to the activities referred to
under indent 1 and carried out by natural or legal persons of Belgian nationality, irrespective of the
location where such activities are carried out.
Art.3.
For the application of this law, the following definitions shall apply:
92
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
"space object" means any object launched or intended to be launched into outer space, including the
material elements composing that object;
"operator" means the person that carries out or undertakes to carry out the activities referred to in this
law, by ensuring, alone or jointly, the effective control of the space object. The activity carried out by
an operator may be carried out pursuant to a specific contract for that purpose;
“effective control” means control of the means of control or remote control and the related means of
supervision, necessary for the implementation of the activities of launching, the flight operations and
guidance of one or more space objects;
"manufacturer" means any person participating or having participated in the development,
manufacture or assembling of all or part of a space object;
"flight operation" and "guidance" mean any operation relating to the flying conditions, navigation or
evolution in outer space of the space object, such as the control and correction of its orbit or its
trajectory;
"Minister" means the Minister with responsibility for space research and its applications in the
framework of international cooperation;
"Outer Space Treaty" means the Treaty on the Principles governing the Activities of States in the
Exploration and Use of Outer Space, including the Moon and other Celestial Bodies, signed on 27
January 1967 and ratified by Belgium on 30 March 1973;
"Convention on International Space Liability" means the Convention on International Liability for
damage caused by Space Objects, signed on 29 March 1972 and ratified by Belgium on 13 August
1976;
"Convention on Registration of Space Objects" means the Convention on Registration of Objects
launched into Outer Space, signed on 14 January 1975 and ratified by Belgium on 24 February 1977;
"Agreement on the Rescue of Astronauts and the Return of Space Objects" means the Agreement on
the Rescue of Astronauts, the Return of Astronauts and the Return of Objects launched into Outer
Space, signed on 22 April 1968 and ratified by Belgium on 15 April 1977;
"Launching State" means any State referred to under Article VII of the Outer Space Treaty, the first
article of the Convention on International Space Liability or the first article of the Convention on
Registration of Space Objects;
"Damage" means any damage as defined by the first Article of the Convention on International Space
Liability. Pursuant to this law, the liability of the Belgian State in respect of such damage extends in
addition to Belgian citizens, whether they are natural or legal persons, except for those participating
in the activities in question.
Chapter II - Authorization and Supervision of the Activities
Art. 4.
1.
2.
3.
Any person wanting to carry out the activities referred to in this law must obtain the prior
authorization of the Minister, in accordance with the following provisions.
Authorization is granted on a personal basis to the operator submitting the application and is nontransferable.
The activities must be carried out in accordance with international law and, in particular, with the
principles laid down in the Outer Space Treaty and the other treaties and agreements to which
Belgium is a party.
Art. 5.
1.
2.
The King may determine the conditions for granting authorizations with a view to ensuring the safety
of people and property, protecting the environment, ensuring the optimal use of air space and outer
space, protecting the strategic, economic and financial interests of the Belgian State, as well as in
order to satisfy the Belgian State’s obligations under international law.
The King shall determine to what extent the conditions set by him shall apply to the activities covered
by a current authorization.
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3.
4.
5.
6.
The Minister may attach to any authorization such specific conditions that he may deem useful for the
accomplishment of the same objectives, on a case-by-case basis.
He may in particular impose the technical assistance of a third party, lay down conditions relating to
the location of the activities or the location of the main establishment of the operator or create an
obligation for insurance to be taken out in favour of third parties to cover the damage that may result
from the activities authorized by him.
The Minister may grant the authorization for a specific period, having regard to the activities covered
by the authorization.
The Minister may modify the specific conditions applying to an authorized activity. In such cases, he
shall determine the period after which the new conditions must be respected.
Art. 6.
The King shall lay down the conditions applying to the control and supervision of the activities
covered by this law.
Chapter III - Content of the Dossier and Procedure
Art. 7.
1.
2.
3.
4.
5.
6.
7.
The application for authorization shall be submitted by the operator to the Minister who shall
acknowledge receipt.
The following information shall be attached to the application:
a) the precise identification of the operator, a presentation of its past, current and future activities,
and the technical, financial and legal guarantees provided by the operator;
b) the precise description of the activities for which the authorization is sought;
c) the precise identification of the space object or the series of space objects for which the
authorization is sought;
d) the identification of the manufacturer(s) of the space object;
e) the study of the impact on the environment referred to in article 8, §2;
f) the precise identification of the persons on whose behalf the activities will be carried out;
g) the precise as possible identification of the persons who will collaborate in the activities;
h) any other element of information of which the operator is aware and which may be relevant with
regard to
i) the Minister’s decision to grant the authorization.
The King may add to the list of information set out under §2.
The communication of this information shall in no event exempt the operator from providing any
information required under other legal or regulatory provisions, applying in the case in question.
The Minister may request the operator to provide any additional information that he may deem
necessary in connection with the application. The refusal or failure to communicate such information
within the time allotted by the Minister, having regard to the nature of the information requested, may
be deemed sufficient grounds for rejecting the application.
The King shall establish a standard form including, among other things, the information set out under
§2 and the information stipulated in article 8, §9. This form must be completed by the operator and
attached to the application.
The Minister may call for a reasoned opinion, to be provided by experts to be designated by him for
that purpose, on the basis of legal, technical and economic criteria, concerning in particular the
reliability, know-how and experience of the operator, the reliability of the manufacturer in the areas
concerned and their capacity to comply with the rules applying to the activities carried out, as well as
the operator’s solvency and the legal and financial guarantees that he provides.
The administrative employees, as well as the experts designated by the Minister in accordance with
the first indent, shall have access to the installations, buildings and the material which will be used by
the operator for the purpose of carrying out the activities concerned.
If such access is refused by the operator, the Minister may reject the application.
The Minister’s decision shall be notified to the operator by registered letter.
94
Art. 8.
1.
2.
3.
4.
5.
6.
7.
8.
9.
The impact on the environment of all activities covered by this law shall be assessed by one or more
experts designated for that purpose by the Minister. Such an assessment may be carried out at
different stages of the activities.
An initial study shall be carried out before an authorization is granted pursuant to this law. The aim
of this study is to assess the potential impact on the environment on earth or in outer space of
launching or operating the space object.
The King shall determine the content of the study referred to under §2.
An intermediate study shall be carried out at the request of the Minister after the launch of the space
object or during its operations. This study shall assess the real consequences on the environment on
earth or in outer space of the activities in question.
A final study may be carried out at the request of the Minister when the space object returns to the
earth’s atmosphere.
The Minister shall determine the content of the studies referred to under §§4 and 5.
The operator shall attach to his application for authorization the impact study referred to under §2.
The cost of the impact studies referred to under §§2, 3 and 4 shall be borne by the operator.
When the space launch or operations include the use of sources of nuclear energy, the operator shall
mention such in his application for authorization.
The Minister shall only grant the authorization subject to specific conditions taking into
consideration, in particular, the danger that the use of such sources of energy may represent,
elementary precautions to be taken with regard to public health and safety, protection of the
environment and standards of national and international law applying in the case in question.
Art. 9.
1.
2.
3.
The authorization or refusal to grant an authorization by the Minister shall be notified within ninety
days after the submission of the application in accordance with article 7.
When the Minister requires the operator to provide additional information, in accordance with article
7, § 4, the above time limit shall be increased to one hundred and twenty days.
If no decision is taken by the Minister within the time allotted, the application shall be deemed to
have been rejected.
Art. 10.
1.
2.
3.
4.
The Minister may also designate experts charged with controlling the activities carried out by the
operator. The latter must do everything possible to facilitate any inspections and checks, at all times,
with regard to the activities that he carries out pursuant to this law.
For the purpose of any such inspections and checks with regard to the activities in question, the said
experts shall have access to all documents in the possession of the operator relating to the activities
covered by the authorization, to updated information and data resulting from the activities, as well as
to the premises allocated, directly or indirectly, to the activities.
All the information gathered during inspections or controls by the administrative employees or
experts designated for that purpose, shall be treated as confidential.
In the event that the operator refuses to grant access to the administrative employees or experts
designated for that purpose, the Minister may suspend or withdraw the authorization in accordance
with article 11.
Art. 11.
1.
2.
The authorization may be withdrawn or suspended by the Minister:
a) either when one of the general or specific conditions attached to the authorization is not respected;
b) or in the event of an infringement of a provision of this law;
c) or for imperative reasons relating to public order, the safety of people or property.
When the Minister is considering withdrawing or suspending the authorization for the reasons set out
under §1, a) or b), before taking such action he shall give the operator the opportunity to justify his
95
3.
4.
5.
actions or make observations and regularize his situation within a specific period of time. In the case
of an emergency, on specially justified grounds, the authorization may be withdrawn or suspended
without delay and without the authorization holder being heard.
When the Minister is considering withdrawing or suspending the authorization on the grounds set out
under §1, c) and provided that such does not undermine the effectiveness of the withdrawal or
suspension, he shall give the operator the opportunity beforehand to put forward his observations of
proposals.
The Minister may, in the event of the withdrawal or suspension of the authorization, and at the
written request of the operator, approve provisional management measures with regard to current
activities in order, notably, to enable the operator to fulfill his contractual obligations. Any such
request by the operator must be formulated as soon as he receives notification of the decision to
withdraw or suspend the authorization.
When the authorization is withdrawn or suspended after the space object has been launched into outer
space, the Minister shall take all necessary measures in order to guarantee the safety of the
operations, both with regard to the operator and his employees and third parties, as well as to ensure
the protection of property and the environment. To that end, he may call upon the services of third
parties or transfer the activities to another operator to ensure the continuity of flight and guidance
operations and, if necessary, take action to deorbit or destroy the space object.
Art. 12.
Decisions to grant, withdraw or suspend the authorization are published in the Belgian Official
Journal.
Chapter IV -Transfer of activities
Art. 13.
1.
2.
3.
4.
5.
The transfer to a third party of authorized activities or real or personal rights, including guarantee
rights, which transfers the effective control of the space object may not be carried out without the
Minister’s prior authorization.
Any such application for authorization shall be submitted by the transferee operator.
All the provisions applying to the authorization referred to under article 4 shall apply mutatis
mutandis to the transfer authorization.
The Minister may attach to the transfer authorization conditions which are binding on either the
transferee operator, or the transferor operator, or both.
When the transferee operator is not established in Belgium, the Minister may refuse the authorization
in the absence of a specific agreement with the home State of the third party in question and which
indemnifies the Belgian State against any recourse against it under its international liabilities or
claims for damages.
Chapter V -The National Register of Space Objects
Art. 14.
1.
2.
A National Register of Space Objects shall be created and all space objects for which Belgium is the
launching State shall be entered, except when the registration is made by another State or an
international organization, in accordance with the Convention on Registration of Space Objects.
The conditions regarding the form and publication of the Register and the way it is kept shall be
determined by the King.
The information entered in the Register shall be subject to the following rules;
1° entries in the Register are made at the Minister’s request;
2° the information contained in the Register is that referred to in article IV of the Convention on
Registration of Space Objects, namely:
(a) if applicable, the name of the other launching States;
(b) the registration number of the space object as described below under 3;
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3.
(c) the date and territory or location of launch;
(d) the main orbital parameters, including the nodal period, inclination, apogee and the perigee;
(e) the general function of the space object;
3° a national registration number is attributed to each object. It is composed of the elements
determined by the King;
4° in addition to the information referred to under 2°, the Register shall identify manufacturer of the
space object, as well as the operator, and also list the main constituent elements and instruments on
board the space object;
5° the operator shall communicate to the Minister the information under 2° and 4°;
6° as soon as the relevant entry has been made in the Register, the Minister shall communicate to the
Secretary General of the United Nations the information referred to under 2° and any updates, as well
as all information relating to the loss, deorbiting or end of the space object’s flight operations;
7° registration must be effective at the time of the launch of the space object;
8° a supplementary entry must be made in the Register in the event of any data modifications, at the
responsibility and cost of the operator within thirty days after the date when the operator became
aware of the said modification. If the operator fails to notify such modifications within the time
allotted, the Minister may suspend the authorization, in accordance with article 11.
The Minister shall keep an up-to-date register of authorizations issued pursuant to articles 4 and 13.
This register shall indicate the terms and conditions attached to each authorization.
In addition, for each space object concerned, the register shall indicate the launching State(s) and the
State(s) of registry.
This register shall be public. The Minister is responsible for keeping and publishing the said register
in accordance with the conditions set by the King.
Chapter VI - Liabilities, counterclaims and measures in the event of falling space objects
Art. 15.
1.
2.
3.
4.
5.
6.
When the Belgian State is liable, pursuant to Article VII of the Outer Space Treaty, the provisions of
the Convention on International Space Liability or the provisions of this law, for reparation, it shall
have the right to institute a counterclaim against the operator(s) involved up to the amount of the
compensation determined in accordance with 2 and 3.
The damages between the State and the Operator shall be determined as follows:
1° in the case referred to under §1, when the damage is caused to a third party State or foreign
nationals, the damage shall be assessed between the Belgian State and the State representing the
victim, in accordance with the Convention on International Space Liability or any other clause that
may apply. The operator, or the person designated by the latter for that purpose, may participate in
the discussions or be a party to the damage assessment procedures between the representatives of the
States involved, so as to defend his own interests;
2° in the case referred to under §1, when the damage is caused to Belgian nationals, the damage shall
be assessed by a college of three experts, two of whom shall be designated by each of the parties and
the third by mutual agreement between the parties. The Minister may make the prior designation of
experts one of the conditions for granting the authorization. The procedural arrangements shall be
determined by the King.
Except in the cases of loss of rights referred to under §4 and in articles 16, §2, and 19, §3, the amount
determined in accordance with §2 may be limited by the King, on conditions that he may determine.
In such an event, the State’s right of recourse against the operator may not exceed that limit.
An operator who fails to comply with the conditions attached to his authorization shall not benefit
from the limit on liability referred to under §3 and shall be liable for the full amount of the damage
caused.
Pending the definitive payment of compensation, the Belgian State may claim provisionally from the
operator half of the amount determined in accordance with §§ 2 and 3.
The balance shall become due as soon as the Belgian State has paid the compensation due to the
victim or the State representing the victim.
The right of recourse of the Belgian State against another launching State, in accordance with Article
V.2 of the Convention on International Space Liability, shall not be an obstacle to the application of
97
7.
8.
this article and shall in no event be a preliminary condition of the Belgian State’s action against the
operator.
The Belgian State has a right of direct recourse against the operator’s insurer, up to the amount
determined in accordance with §§ 2 and 3.
This law shall not be an obstacle to other actions invoking the operator’s liability.
Art. 16.
1.
2.
The operator must inform immediately the crisis centre designated by the King of any manoeuvre,
any malfunctioning or any anomaly of the space object, likely to result in a danger for persons on the
ground, aircraft in flight or other space objects, or to cause any damage.
In the event of non-compliance with the information obligation, and without prejudice to other
sanctions or liability to pay compensation, the operator must guarantee the Belgian state for the total
of the compensation due by it pursuant to its international liability or pursuant to this law.
Art. 17.
1.
2.
3.
Without prejudice to measures concerning the safety and protection of goods and persons, any space
object which is found on the Belgian territory or in a place subject to Belgian jurisdiction, shall be
returned without delay to the competent authorities which shall inform the Minister immediately so
that he may arrange for the said object to be returned to its State of registry, in accordance with the
Agreement on the Rescue of Astronauts and the Return of Space Objects.
When an investigation is necessary in order to identify the State of registry or the launching State, all
necessary measures to safeguard the object or objects found shall be taken by the Minister, if
applicable in coordination with the competent services for civil protection and the crisis centre
referred to in article 16, §1.
When the object is returned to the competent authority or, if necessary, prior to its return, as well as at
the time of the identification of the State of registry or the launching State(s), all the necessary
measures shall be taken in order to protect the rights of the victims of any damage caused by the
space object.
Chapter VII - Final provisions
Art. 18.
1.
2.
The King shall fix the amount of the duties covering the administrative costs that must be paid by the
operator when submitting the application for authorization.
When, pursuant to this law, the Minister calls on the services of technical experts, the cost of such
services shall be borne by the operator.
Art. 19.
1.
Any person carrying out the activities referred to in article 2 without authorization, shall be liable to a
period of imprisonment of between eight days and one year and a fine of between 25 and 25,000
euros, or to one of these sanctions.
2.
The same sanctions as those referred to under §1 shall apply to anyone who, having submitted an
application for authorization, communicates intentionally false or incomplete information concerning
the activities in question.
3.
In addition, the operator in breach of his obligations shall be deprived of the benefit of the limit on
liability provided for in article 15, §3.
Art. 20.
This law shall enter into force on the first day of the second month following that in which it is
published in the Belgian Official Journal.
98
Art. 21.
1.
2.
Activities covered by this law and which are already being carried out on the date of its entry into
force, may nevertheless be pursued during a period of twelve months running from that date, without
any authorization being required. No transfer, as referred to in article 13, may be made during that
period.
The operator shall inform the Minister of activities that he carries out and which are likely to fall
within the scope of this law. Such notification must be given within six months after the date of entry
into force referred to in article 20.
WARNING: Non-official translation for information purpose only.
AVERTISSEMENT: Cette traduction n’est pas officielle et n’a été établie que pour information
uniquement.
WAARSCHUWING: Deze vertaling is niet officieel en bestaat gewoon ter informatie.
BRAZIL
LAW No. 8.854 of 10 February 1984, Establishing the Brazilian Space Agency
External Link: http://www.mct.gov.br/legis/leis/8854_94.htm
[Text in Portuguese]
RESOLUTION No. 51 Resolution on Commercial Launching Activities from
Brazilian Territory (26 January 2001)
External Link: http://www.mct.gov.br/legis/portarias/8_2001.htm
99
[Text in Portuguese]
PORTARIA AEB (ADMINISTRATIVE EDICT), No. 27, Regulation on procedures
and on definition of necessary requirements for the request, evaluation, issuance,
follow-up and supervision of licences for carrying out launching space activities on
Brazilian Territory.
[UNOFFICIAL TRANSLATION]
CHAPTER I
GENERAL PROVISIONS
Article 1.
The Brazilian Space Agency - AEB, a federal autonomous organisation with a civil nature, established by
Law n. 8.854, of February 10th, 1994, has the competence to issue license for carrying out space launching
activities on Brazilian territory, as well as the control, follow-up and supervision of the mentioned activities.
Paragraph 1. Space Launching Activities is the set of actions associated with the launching of satellites and
other kinds of orbital and sub-orbital payloads, by means of launch vehicles, including the preparation and
conduction of the operation, as well as the elaboration of all technical and administrative documentation
related to the launching.
Paragraph 2. The provisions of this Regulation do not apply to space launching activities that could be
carried out by Brazilian governmental organisations or bodies.
Article 2.
License is the administrative deed, within the competence of AEB, authorised by a Resolution of its Higher
Council, granted to a juristic person, single, an association or consortium, for the purpose of carrying out
launching space activities on Brazilian territory, in compliance with the terms and conditions established in
this Regulation.
Paragraph 1.
The license may contain restrictive or conditioning clauses.
Paragraph 2.
Each license will be given an identification number for the purposes of control, follow-up
and inspection.
Article 3.
In order to control, follow-up and supervise the space launching activities of the licensee, AEB is allowed to
enter into agreements with public or private organisations or bodies, and, furthermore, to hire third parties to
provide specialised technical services, as established in the pertinent legislation.
Article 4.
The President of AEB shall appoint representative to supervise the activities dealt with in Article 3, who
may:
I. Request to produce information, data, clarifications, statements, as well as a listing of commitments
pledged, by means of reports, forms, awards, terms and other documents deemed appropriate;
II. Inspect workplaces directly and indirectly related to the space launching activities, as well as the
compliance with requirements provided for in specific legislation, where appropriate;
III. Issue reports, minutes of events occurred and other records of the assessments deriving from its
inspection and supervision activities, determining the correction of flaws, omissions or non-compliance with
legal or regulatory provisions;
IV. Propose the application of penalties when irregular procedures, errors or flaws are verified or when
conflicts occur with the interests of public order and safety;
V. Propose the initiation of administrative suits to assess liabilities.
Paragraph 1. The representative of AEB will write down into appropriate records all events pertaining to the
activities of the licensee.
100
Paragraph 2. Decisions or steps taken or to be taken that might go beyond the scope of the competence of the
representative shall be proposed to the pertinent authorities, in due time, so that the appropriate measures be
taken.
Paragraph 3. AEB shall maintain the confidentiality of information received within the results of its
inspection and supervision activities and shall undertake, vis-à-vis the licensee, its members of associations
and consortia, proxies and hired parties, not to disclose such information to third parties, neither to authorise
any public or private
organisation or body having entered into contracts or covenants with it.
Article 5.
For the purposes of the provisions of Article 7 of RESOLUTION CSP/AEB/N. 51, of January 26th, 2001,
damage will be deemed the loss of life, personal injuries, or other damages to health, loss of State property
or of natural or juristic persons' property or damages inflicted to such property.
CHAPTER II
DOCUMENTS REQUIRED AND ENABLING PROCEDURES
Article 6.
For the purposes of enabling and granting licenses, the applicant will be required, particularly, to present
documents pertaining to:
I. Legal personality;
II. Technical qualification;
III. Economic and financial qualification;
IV. Tax regularity.
Sole Paragraph. License shall only be granted to juristic persons, single as well as associations or consortia,
having headquarters or representation in Brazil, deemed legally, technically and financially able, for periods
of time established in the deed itself, bearing in mind the period of amortisation of investments to be made
by licensee.
Article 7.
Documents pertaining to the legal enabling, shall consist, as appropriate, of:
I. Commercial registration, in the case of individual corporations;
II. Acts of Incorporation, by-laws or corporate contract in force, duly registered, in the case of commercial
corporations, and, in the case of corporations per shares, to be accompanied by documentary evidence of the
election of its administrators;
III. Inscription of the deed of incorporation, in the case of civil corporations, accompanied by evidence of
the board of directors in office;
IV. Decree of authorization, in the case of foreign enterprise or corporation operating in Brazil;
V. Documentary evidence that the applicant has legal representation in Brazil with express powers to be
subpoenaed and to answer both at administrative and court levels.
Article 8.
Documents pertaining to technical qualification shall consist of:
I. Registration or inscription in the appropriate trade association, where appropriate;
II. Presentation of the summary of the project to be carried out;
III. Documentary evidence of being apt to perform the intended space launching activities, as well as of the
qualification of the members of the technical team to be in charge of the activities;
IV. Statement by the party concerned informing to be acquainted with the local conditions, including the
Security Regulations and Procedures established by AEB or by the Launch Center and about its obligation to
fulfil them in the execution of the space launching activities proposed;
101
V. Term of undertaking of commitment for the safeguard of the technology transfer, as determined by the
pertinent authority of the Brazilian Government.
Sole Paragraph. The documentary evidence of aptitude referred to in numeral III of the heading of this
article may be done through certificates, official statements or any other bona-fide documents compatible
with the object of the license.
Article 9.
Documents pertaining to the economic and financial qualification shall consist of:
I. Asset balance sheet and accounting statements of the last corporate fiscal year, already required and
presented as provided by law, verifying the financial health of the applicant, its replacement by partial
balance sheets or provisional balance sheets being prohibited, and such documents may be updated
according to official indexes when they have been closed over three (3) months before the date of filing;
II. Negative certificate of bankruptcy or termination of business due to insolubility issued by the Judge
Distributor of the district where the corporation has its headquarters;
III. Purchase of insurance to cover possible damages to third parties, according to the degree of risk of the
activities to be carried out by applicant, where appropriate, in the value previously established by AEB.
Paragraph 1. As an objective datum of the economic and financial qualification of applicant, AEB may
require the verification of minimum capital or of net assets, as a function of the volume of space activities
intended.
Paragraph 2. In the case of very recently created corporations, the verification dealt with in numeral I of this
Article may be done through the presentation of their opening balance sheets.
Article 10.
Documents pertaining to tax regularity shall consist of:
I. Proof of inscription at the General Registry of Taxpayers (CGC);
II. Proof of inscription at the State or Municipality Taxpayer Registry, if any, pertaining to the domicile or
headquarters of corporations relating to the object of the license;
III. Proof of regularity pertaining to social security and to the FGTS (Guarantee Fund per Tenure),
demonstrating a regular situation in the compliance with law-determined social charges.
Article 11.
In the case of participation of corporations in associations or consortia, the following aspects shall be noted:
I. Documentary evidence of public or private pledge to establish the association or consortium, subscribed
by the members of the associations or consortia;
II. Appointment of the leading corporation of the consortium or association;
III. Presentation, by each member of consortia or associations, of the documents required in Articles 6
through 10, and it shall be admitted, for the purpose of assessing technical and operational qualifications, the
set of specific experiences and, for the purposes of financial capability, the sum of values verified by
members of the consortia or associations.
Sole Paragraph. The corporation leading the association or consortium is the one in charge of the fulfilment
of obligations deriving from the issuance of license, without prejudice for the joint liability of the other
members of the association or consortium.
Article 12.
When AEB deems appropriate, previous consultation may be carried out to the respective organisations or
bodies within the Federal Public Administration as to the existence of conflict with the interests of security
and foreign policy concerning the space launching activities proposed by applicant.
102
Article 13.
Documents necessary for the enabling procedures may be presented, in original form, by any process of
copy, authenticated by the relevant public notary office or by AEB officials, or by publication in vehicles of
the official press.
Article 14.
Foreign juridical persons, as far as possible, shall meet the requirements for enabling procedures through the
presentation of equivalent documents.
Paragraph 1. Foreign juridic persons shall present statements by their respective home countries as to their
being licensed to perform the launching activities intended.
Paragraph 2. Documents shall be presented in their original language, duly authenticated, accompanied by
translations made by sworn translators.
Paragraph 3. So that license be issued to foreign juridic person, AEB may establish, as an additional
condition, the existence of safeguard agreements relating to technology transfer between the Government of
their home countries and the Brazilian Government.
CHAPTER III
ENABLING PROCEDURES
Article 15.
The procedures for issuing licenses shall be started by the initiation of an administrative process, duly
assessed, registered and numbered, containing the application and the documents filed by the applicant, to
which shall be eventually enclosed all other relevant deeds and documents.
Paragraph 1. The party concerned shall register its application at AEB's Office for Administration and
Planning - DAP.
Paragraph 2. The application of the party concerned shall contain a brief description of the object of the
license intended.
Article 16.
Enabling shall be processed and judged by a Special Enabling Commission, made up of at least three ( 3)
members, appointed by the President of AEB, and at least two (2) of them should be qualified officials
belonging to AEB personnel or to the staff of another organisation or body within the Federal Public
Administration.
Sole Paragraph. The members of the Commission shall be jointly accountable for all acts practised, except if
an individual divergent position is duly grounded and recorded in the minutes drawn of the meeting in which
the decision has been made.
Article 17.
It befalls the Special Enabling Commission:
I. To examine and evaluate the documents filed with the application by the party concerned;
II. To carry out diligence meant to clarify or supplement the information of the case, at any stage of the
procedures;
III. To request technical or legal opinions, whenever appropriate;
IV. To submit the case to the President of AEB, after evaluation of the application for enabling.
Paragraph 1. Incumbents of the AEB`s Offices shall lend full support to the Commission’s activities.
Paragraph 2. It shall befall the Office for Standards and Licensing to act as Technical Secretariat to the
Commission.
Paragraph 3. If within 90 (ninety) days, following the notification of diligence such notification is not
complied with, the case shall be automatically filed, and the applicant shall be allowed, at any time, to
register and submit a new application for license.
103
Article 18.
After the evaluation by the Commission, the President of AEB shall submit the case, duly informed and
evaluated, to the decision of the Higher Council, in its first subsequent meeting.
Article 19.
The license for carrying out space activities on the Brazilian territory will be issued within up to 30 (thirty)
calendar days after the date of its approval by the Higher Council.
CHAPTER IV
ADMINISTRATIVE SANCTIONS
Article 20.
The performance of launching space activities in discordance with the provisions of this Regulation shall
subject the offender to the following penalties:
I. Warning;
II. Temporary suspension of the license;
III. Revocation of license.
Paragraph 1. The penalties dealt with in this article befall the competence of the Higher Council, and the
President of AEB, ad referendum of the Council, may apply them in urgent cases, with immediate effects.
Paragraph 2. In applying penalties, the seriousness of the infraction and the previous behaviour of the
licensee will be taken into account, by means of assessment through administrative procedures, granted the
due process of law.
Paragraph 3. The enforcement of penalties shall not exempt the offender from civil and criminal liability that
might apply in virtue of the actions committed.
Article 21.
License may be suspended or revoked:
I. In cases of bankruptcy of licensee;
II. If services are paralysed for a period exceeding 6 (six) months at the initiative of licensee, without just
cause and previous communication to AEB;
III. If licensee carries out activities other than the ones it has been licensed to perform;
IV. If licensee performs deployment or maintenance services without compliance with Brazilian laws;
V. If, during administrative procedures, it is verified that licensee has lost its technical aptitude or its
financial capability to keep on carrying out the activities it has been authorised to perform.
CHAPTER V
ADMINISTRATIVE APPEAL
Article 22.
Appeal shall be possible to higher authorities on denying decisions on the granting or modification of
license, or on those determining their suspension or derogation or, additionally those imposing any penalty
within 20 (twenty) working days, counted from the subpoena of the act.
Article 23.
Appeal will be addressed to the higher authority through the authority responsible for the act being appealed,
which may reconsider its decision, within 20 (twenty) working days, or, within the same period of time, to
refer it to higher levels, duly informed, and in this case the decision should be issued within twenty working
days, counted from receipt of the appeal.
104
Article 24.
The subpoena pertaining to acts referred to in Article 22 shall take place by means of publication in the
official press, unless the representative of the party concerned is present at the act in which the decision was
adopted, on which occasion subpoena may be adopted by means of direct communication.
CHAPTER VI
FINAL PROVISIONS
Article 25.
The administrative deed pertaining to the issuance, denial, modification, suspension, derogation or
annulment of license or of imposition of penalties dealt with in Article 20 of this Administrative Edict shall
be formalised by means of a Resolution of the Higher Council, published in the Union's Official Gazette.
Article 26.
The President of AEB shall establish the reference values for the collection of fees for the granting of license
by means of administrative regulation to be published in the Union’s Official Gazette.
Article 27.
AEB shall maintain a specific registry preferably computerised, for the purposes of registration of licenses
for carrying out space launching activities on Brazilian territory.
External Link: http://www.mct.gov.br/legis/portarias/27_2001.htm
CANADA
CANADIAN SPACE AGENCY ACT as amended in 2001.
10 May 1990, c.13, s.5.
Entered into force on 14 December 1990
An Act to establish the Canadian Space Agency and to provide for other matters in relation to space
[Assented to 10th May, 1990]
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as
follows:
SHORT TITLE
1.
This Act may be cited as the Canadian Space Agency Act.
105
INTERPRETATION
2.
In this Act,
"Agency" means the Canadian Space Agency established by section 3;
"Board" means the Space Advisory Board established pursuant to subsection 19(1);
"Executive Vice-President" means the Executive Vice-President of the Agency appointed pursuant to
subsection 13(1);
"Minister" means such member of the Queen's Privy Council for Canada as is designated by the Governor
in Council
as the Minister for the purposes of this Act;
"President" means the President of the Agency appointed pursuant to subsection 12(1).
ESTABLISHMENT OF AGENCY
3.
There is hereby established an agency of the Government of Canada, to be known as the Canadian
Space Agency.
OBJECTS AND FUNCTIONS
4.
5.
(1)
(2)
(3)
The objects of the Agency are to promote the peaceful use and development of space, to advance the
knowledge of space through science and to ensure that space science and technology provide social
and economic benefits for Canadians.
The Agency may exercise its powers, and perform its duties and functions, in relation to all matters
concerning space over which Parliament has jurisdiction and that are not by or pursuant to law
assigned to any other department, board or agency of the Government of Canada.
In carrying out its objects, the Agency shall
(a) assist the Minister to coordinate the space policies and programs of the Government of Canada;
(b) plan, direct, manage and implement programs and projects relating to scientific or industrial space
research and development and the application of space technology;
(c) promote the transfer and diffusion of space technology to and throughout Canadian industry;
(d) encourage commercial exploitation of space capabilities, technology, facilities and systems; and
(e) perform such other functions as the Governor in Council may, by order, assign.
In carrying out its objects, the Agency may
(a) construct, acquire, manage, maintain and operate space research and development vehicles,
facilities and systems;
(b) assist departments, boards and agencies of the Government of Canada to use and to market space
technology;
(c) make grants and contributions in support of programs or projects relating to scientific or industrial
space research and development and the application of space technology, including projects designed
to develop, test, evaluate or apply new or improved processes, products, systems or information
relating to space science and technology with a view to determining the commercial potential of that
science and technology, but not including any programs or projects relating solely to the commercial
exploitation of space science or technology;
(d) cooperate with the space and space-related agencies of other countries in the peaceful use and
development of space;
(e) provide services and facilities to any person;
(f) license, sell or otherwise make available any patent, copyright, industrial design, trade-mark, trade
secret or other like property right controlled or administered by the Minister;
(g) enter into contracts, memoranda of understanding or other arrangements in the name of Her
Majesty in right of Canada or in the name of the Agency;
(h) acquire any money, securities or other personal or movable property by gift or bequest and
expend, administer or dispose of any such money, securities or property subject to the terms, if any,
on which the gift or bequest was made;
(i) administer any loans or guarantees made by the Minister pursuant to section 9; and
106
(4)
(j) do all such things as are necessary or incidental to the attainment of the objects of the Agency.
In exercising its powers and performing its duties and functions under this Act, the Agency shall,
where appropriate, make use of the services and facilities of departments, boards and agencies of the
Government of Canada.
POWERS, DUTIES AND FUNCTIONS OF THE MINISTER
6.
In furtherance of the objects referred to in section 4, the Minister shall coordinate the space policies
and programs of the Government of Canada.
7.
The Minister is responsible for the operations of the Agency.
8.
The Minister may, with the approval of the Governor in Council, enter into agreements with the
government of any province respecting the carrying out of any program of the Agency.
9.
The Minister may, with the concurrence of the Minister of Finance,
(a) make loans to any person with respect to the commercial exploitation of space science and technology;
and
(b) guarantee the repayment of any portion of the principal and interest owing on any loan made by any
person in respect of the commercial exploitation of space science and technology.
10.
(1)
With the approval of the Governor in Council and subject to such terms and conditions as the
Governor in Council may specify, the Minister may, by order, prescribe the fee or charge, or the
manner of determining the fee or charge, to be paid by a person or a person of a class of persons
(a) to whom the Agency provides any services or facilities; or
(b) who is licensed by the Agency to use, or to whom the Agency otherwise makes available, any patent,
copyright, industrial design, trade-mark, trade secret or other like property right.
(2) The Governor in Council may, by order, prescribe the interest, or the manner of determining the
interest, to be paid on any overdue fee or charge prescribed or determined in a manner prescribed
pursuant to subsection (1).
(3)
Subject to subsection (4), the Agency shall impose the fees or charges, including interest on overdue
fees or charges, prescribed or determined in a manner prescribed pursuant to subsection (1) or (2).
(4)
With the approval of the Governor in Council, the Minister may, by order, waive or reduce any fee,
charge or interest that would otherwise be imposed under this section.
(5)
The Agency may, with the approval of the Treasury Board, use any fee or charge imposed under this
section in a fiscal year to offset the costs incurred in that year in connection with the services,
facilities or property right in respect of which the fee or charge was imposed.
(6)
All fees, charges and interest imposed under this section are debts due to Her Majesty in right of
Canada and are recoverable as such in the Federal Court or any other court of competent jurisdiction.
(7)
An order made under this section that applies to or in respect of only one person or body shall be
deemed not to be a statutory instrument for the purposes of the Statutory Instruments Act.
11.
Any power, duty or function of the Minister under this Act, other than the power to make orders
under section 10 and to authorize under this section, may be exercised or performed by any officer or
employee of the Agency authorized by the Minister to do so and, if so exercised or performed, shall
be deemed to have been exercised or performed by the Minister.
ORGANIZATION OF AGENCY
12.
(1)
(2)
(3)
The Governor in Council shall appoint an officer, to be called the President of the Agency, to hold
office during pleasure for a term not exceeding five years.
The President is the chief executive officer of the Agency and, under the direction of the Minister, has
control and supervision over the work, officers and employees of the Agency.
In the event of the absence or incapacity of the President or a vacancy in that office, the Executive
107
Vice-President shall act as the President for the time being unless the Minister appoints another
person to so act, but no person may act as President for a period exceeding ninety days without the
approval of the Governor in Council.
13.
(1)
(2)
The Governor in Council may appoint an officer, to be called the Executive Vice-President of the
Agency, to hold office during pleasure for a term not exceeding five years.
The Executive Vice-President shall exercise such powers and perform such duties and functions as
the President may assign.
14.
The President and the Executive Vice-President, on the expiration of a first or any subsequent term of
office, are eligible to be re-appointed for a further term.
15.
The President and the Executive Vice-President shall be paid such remuneration as may be fixed by
the Governor in Council.
16.
(1)
(2)
(3)
(4)
17.
18.
(1)
(2)
Such employees as are necessary for the proper conduct of the work of the Agency shall be appointed
in accordance with the Public Service Employment Act.
Notwithstanding subsection (1), the Agency may appoint and employ astronauts in positions in the
Agency and may, with the approval of the Governor in Council, establish the terms and conditions,
including remuneration, of their employment.
The Public Service Staff Relations Act does not apply to any person employed in the Agency
pursuant to subsection (2).
Each person employed in the Agency pursuant to subsection (2) is deemed to be an employee for the
purposes of the Government Employees Compensation Act, to be employed in the public service of
Canada for the purposes of any regulations made pursuant to section 9 of the Aeronautics Act, and to
be employed in the Public Service for the purposes of the Public Service Superannuation Act and for
the purposes of being eligible to enter competitions under the Public Service Employment Act and of
sections 11 and 13 of the last-named Act.
The principal office of the Agency shall be in the greater Montreal area.
Every contract, memorandum of understanding and arrangement entered into by the Agency in its
own name is binding on Her Majesty in right of Canada to the same extent as it is binding on the
Agency.
Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by
the Agency, whether in its own name or in the name of Her Majesty in right of Canada, may be
brought or taken by or against the Agency in the name of the Agency in any court that would have
jurisdiction if the Agency were a corporation that is not an agent of Her Majesty.
ADVISORY BOARD
19.
(1)
(2)
(3)
(4)
(5)
The Governor in Council may establish a board, to be known as the Space Advisory Board,
consisting of not more than nineteen members appointed by the Governor in Council to hold office
during pleasure for a term not exceeding three years.
The Board shall include persons from the space science community and the private sector, including
the space industry.
The Governor in Council shall designate one of the members of the Board to be Chair of the Board.
In the event of the absence or incapacity of a member of the Board, the Minister may designate a
person to act as a member for the time being, but no person may act as a member for a period
exceeding ninety days without the approval of the Governor in Council.
A member of the Board, on the expiration of a first or any subsequent term of office, is eligible to be
re-appointed for a further term.
108
20.
(1)
(2)
Each member of the Board is entitled to be paid such travel and living expenses incurred by the
member while absent from the member's ordinary place of residence in connection with the work of
the Board as may be fixed by the Governor in Council.
A member of the Board may, for advisory services provided to the Minister otherwise than during
attendance at meetings of the Board, be paid such remuneration as may be fixed by the Governor in
Council.
21.
The Board shall, on request of the Minister, advise the Minister on any matter relating to space.
22.
The Board shall meet at such time and place as the Minister may determine.
ANNUAL REPORT
23.
The President shall, within four months after the end of each fiscal year, submit an annual report on
the operations of the Agency in that year to the Minister, and the Minister shall cause a copy of the
report to be laid before each House of Parliament on any of the first fifteen days on which that House
is sitting after the Minister receives it.
CONSEQUENTIAL AMENDMENTS
24. to 27. [Amendments]
TRANSITIONAL
28.
(1)
(2)
Where a position in the public service of Canada is transferred to the Agency within ninety days after
the day on which this Act comes into force, the incumbent of the position continues in the position in
the Agency, unless the incumbent otherwise elects prior to the transfer, and any person so continuing
is deemed to have been appointed to the Agency in accordance with subsection 16(1).
Notwithstanding subsection (1) and section 28 of the Public Service Employment Act, no person
deemed by that subsection to have been appointed is subject to probation, unless the person was
subject to probation immediately before the appointment, and any person who was so subject to
probation continues to be subject thereto only for so long as would have been the case but for this
section.
COMING INTO FORCE
*29.
This Act shall come into force on a day to be fixed by order of the Governor in Council.
*[Note: Act in force December 14, 1990, see SI/91-5.]
CIVIL INTERNATIONAL SPACE STATION AGREEMENT
IMPLEMENTATION ACT
[1999, c.35]
[Assented to 16th December, 1999]
An Act to implement the Agreement among the Government of Canada, Governments of Member
States of the European Space Agency, the Government of Japan, the Government of the Russian Federation,
109
and the Government of the United States of America concerning Cooperation on the Civil International
Space Station and to make related amendments to other Acts.
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada,
enacts as follows:
SHORT TITLE
1. Short title.
This Act may be cited as the Civil International Space Station Agreement Implementation Act.
INTERPRETATION
2.Definitions
The definitions in this section apply in this Act.
"Agreement"
« Accord »"Agreement" means the Agreement among the Government of Canada, Governments of Member
States of the European Space Agency, the Government of Japan, the Government of the Russian Federation,
and the Government of the United States of America concerning Cooperation on the Civil International
Space Station, entered into on January 29, 1998, set out in the schedule, as amended from time to time under
article 27 of the Agreement.
"Minister"
« Ministre »"Minister", in respect of any provision of this Act, means the member or members of the
Queen's Privy Council for Canada designated as the Minister or Ministers for the purpose of that provision.
GENERAL
3. Purpose.
The purpose of this Act is to fulfil Canada's obligations under the Agreement.
4. Binding on Her Majesty.
This Act is binding on Her Majesty in right of Canada or a province.
5. Order designating Minister.
The Governor in Council may, by order, designate one or more members of the Queen's Privy Council for
Canada as the Minister or Ministers for the purpose of any provision of this Act.
6. Delegation of powers.
The Minister may delegate any powers, duties and functions conferred on the Minister by or under this Act
to one or more persons who shall exercise those powers and perform those duties and functions, subject to
any terms and conditions that the Minister specifies.
INFORMATION
7. Notice for disclosure of information.
(1). The Minister may send a notice to any person that the Minister believes, on reasonable grounds, has
information or documents relevant to the administration or enforcement of this Act, requesting the person to
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provide, within any reasonable period that the Minister specifies, that information or those documents to the
Minister or any person that the Minister designates.
Application for court order
(2) If a person objects to providing or fails to provide the Minister or a designated person, as the
case may be, with any requested information or a requested document within the specified period, the
Minister may apply to a judge of a superior court of a province or the Trial Division of the Federal Court for
an order requiring the person to provide it.
Notice of hearing
(3) The Minister shall give the person at least seven days notice of the hearing of the application.
Order
(4) On hearing the application, the judge may order the person to provide the information or document if the
judge concludes that, in the circumstances of the case,
(a) the production of the document or information is necessary to ensure Canada's compliance with
the Agreement; and
(b) the public interest in the production of the document or information outweighs in importance any
privacy interest of the person.
8. Prohibition.
(1) No person in possession of information or a document that has been provided under this Act or the
Agreement and that is subject to a claim that it is confidential shall knowingly, without the written consent
of the person who provided it, communicate it or allow any person to have access to it.
Exceptions
(2) Despite subsection (1), a person in possession of information or a document that has been provided under
this Act or the Agreement and that is subject to a claim that it is confidential may communicate it or allow
any person to have access to it if
(a) the public interest in the communication or access in relation to public health or public safety
outweighs in importance any financial loss or prejudice to the competitive position of any person or
any harm to the privacy interests, reputation or human dignity of any individual likely to be caused by
that communication or access; or
(b) the communication or access is necessary for the purpose of the administration or enforcement of
this Act or any other Act of Parliament or of giving effect to the Agreement.
Compelled production
(3) Despite any other Act or law, a person may not be compelled to produce or give evidence about any
information or a document that has been provided under this Act or the Agreement and that is subject to a
claim that it is confidential, unless the proceeding in which the evidence is sought to be compelled relates to
the enforcement of this Act or another Act of Parliament.
REGULATIONS
9. Regulations.
The Governor in Council may make regulations that the Governor in Council considers necessary for
carrying out the purposes of this Act and giving effect to the Agreement, including the code of conduct and a
memorandum of understanding or another implementing arrangement that the Agreement refers to.
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AMENDMENTS TO THE AGREEMENT
10. Amendment to schedule
The Minister shall, by order, amend the schedule to incorporate any amendment to the Agreement as soon as
it is feasible after the amendment takes effect, and shall cause the amendment to be laid before Parliament on
any of the first fifteen days that either House of Parliament is sitting after the order is made.
RELATED AMENDMENTS
11. and 12. [Amendments]
COMING INTO FORCE
13. Coming into force. The provisions of this Act come into force on a day or days to be fixed by order of
the Governor in Council.
[Note: Act in force May 1, 2000, see SI/2000-27.]
SCHEDULE
(Sections 2 and 10)
AGREEMENT AMONG THE GOVERNMENT OF CANADA, GOVERNMENTS OF MEMBER
STATES OF THE EUROPEAN SPACE AGENCY, THE GOVERNMENT OF JAPAN, THE
GOVERNMENT OF THE RUSSIAN FEDERATION, AND THE GOVERNMENT OF THE
UNITED STATES OF AMERICA CONCERNING COOPERATION ON THE CIVIL
INTERNATIONAL SPACE STATION
The Government of Canada (hereinafter also "Canada"), The Governments of the Kingdom of Belgium, the
Kingdom of Denmark, the French Republic, the Federal Republic of Germany, the Italian Republic, the
Kingdom of the Netherlands, the Kingdom of Norway, the Kingdom of Spain, the Kingdom of Sweden, the
Swiss Confederation, and the United Kingdom of Great Britain and Northern Ireland, being Governments of
Member States of the European Space Agency (hereinafter collectively "the European Governments" or "the
European Partner"), The Government of Japan (hereinafter also "Japan"), The Government of the Russian
Federation (hereinafter also "Russia"), and the Government of the United States of America (hereinafter "the
Government of the United States" or "the United States"),
Recalling that in January 1984 the President of the United States directed the National Aeronautics and
Space Administration (NASA) to develop and place into orbit a permanently manned Space Station and
invited friends and allies of the United States to participate in its development and use and to share in the
benefits thereof,
Recalling the acceptance of the aforementioned invitation by the Prime Minister of Canada at the March
1985 Quebec Summit meeting with the President of the United States and the mutual confirmation of
interest on cooperation at the March 1986 Washington, D.C. Summit meeting,
Recalling the terms of the relevant Resolutions adopted on 31 January 1985 and 20 October 1995 by the
European Space Agency (ESA) Council meeting at the ministerial level, and that, within the framework of
ESA, and in accordance with its purpose as defined in Article II of the Convention establishing it, the
Columbus programme and the European participation in the international Space Station development
programme have been undertaken to develop and will develop elements of the civil international Space
Station,
Recalling Japan's interest in the Space Station program manifested during the NASA Administrator's visits
to Japan in 1984 and 1985 and Japan's participation in the U.S. space program through the First Materials
Processing Test,
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Recalling ESA's and Canada's participation in the U.S. Space Transportation System through the European
development of the first manned space laboratory, Spacelab, and the Canadian development of the Remote
Manipulator System,
Recalling the partnership created by the Agreement Among the Government of the United States of
America, Governments of Member States of the European Space Agency, the Government of Japan, and the
Government of Canada on Cooperation in the Detailed Design, Development, Operation, and Utilization of
the Permanently Manned Civil Space Station (hereinafter "the 1988 Agreement"), done at Washington on 29
September 1988 and related Memoranda of Understanding between NASA and the Ministry of State for
Science and Technology (MOSST) of Canada, NASA and ESA, and NASA and the Government of Japan,
Recognizing that the 1988 Agreement entered into force on 30 January 1992 between the United States and
Japan,
Recalling that NASA, ESA, the Government of Japan and MOSST have been implementing cooperative
activities to realize the partnership in the Space Station program in accordance with the 1988 Agreement and
the related Memoranda of Understanding, and recognizing that upon its establishment on 1 March 1989, the
Canadian Space Agency (CSA) assumed responsibility for the execution of the Canadian Space Station
Program from MOSST,
Convinced that, in view of the Russian Federation's unique experience and accomplishments in the area of
human space flight and long-duration missions, including the successful long-term operation of the Russian
Mir Space Station, its participation in the partnership will considerably enhance the capabilities of the Space
Station to the benefit of all the Partners,
Recalling the invitation extended on 6 December 1993 by the Government of Canada, the European
Governments, the Government of Japan, and the Government of the United States to the Government of the
Russian Federation to become a Partner in the detailed design, development, operation and utilization of the
Space Station within the framework established by the Space Station Agreements, and the positive response
of the Government of the Russian Federation on 17 December 1993 to that invitation,
Recalling the arrangements between the Chairman of the Government of the Russian Federation and the
Vice President of the United States to promote cooperation on important human spaceflight activities,
including the Russian-U.S. Mir-Shuttle program, to prepare for building the International Space Station,
Recalling the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer
Space, including the Moon and Other Celestial Bodies (hereinafter "the Outer Space Treaty"), which entered
into force on 10 October 1967,
Recalling the Agreement on the Rescue of Astronauts, the Return of Astronauts, and the Return of Objects
Launched into Outer Space (hereinafter "the Rescue Agreement"), which entered into force on 3 December
1968,
Recalling the Convention on International Liability for Damage Caused by Space Objects (hereinafter "the
Liability Convention"), which entered into force on 1 September 1972,
Recalling the Convention on Registration of Objects Launched into Outer Space (hereinafter "the
Registration Convention"), which entered into force on 15 September 1976,
Convinced that working together on the civil international Space Station will further expand cooperation
through the establishment of a long-term and mutually beneficial relationship, and will further promote
cooperation in the exploration and peaceful use of outer space,
Recognizing that NASA and CSA, NASA and ESA, NASA and the Government of Japan, and NASA and
the Russian Space Agency (RSA) have prepared Memoranda of Understanding (hereinafter "the MOUs") in
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conjunction with their Governments' negotiation of this Agreement, and that the MOUs provide detailed
provisions in implementation of this Agreement,
Recognizing, in light of the foregoing, that it is desirable to establish among the Government of Canada, the
European Governments, the Government of Japan, the Government of the Russian Federation, and the
Government of the United States a framework for the design, development, operation, and utilization of the
Space Station,
Have agreed as follows:
Article 1
Object and Scope
1. The object of this Agreement is to establish a long-term international cooperative framework among the
Partners, on the basis of genuine partnership, for the detailed design, development, operation, and utilization
of a permanently inhabited civil international Space Station for peaceful purposes, in accordance with
international law. This civil international Space Station will enhance the scientific, technological, and
commercial use of outer space. This Agreement specifically defines the civil international Space Station
program and the nature of this partnership, including the respective rights and obligations of the Partners in
this cooperation. This Agreement further provides for mechanisms and arrangements designed to ensure that
its object is fulfilled.
2. The Partners will join their efforts, under the lead role of the United States for overall management and
coordination, to create an integrated international Space Station. The United States and Russia, drawing on
their extensive experience in human space flight, will produce elements, which serve as the foundation for
the international Space Station. The European Partner and Japan will produce elements that will significantly
enhance the Space Station's capabilities. Canada's contribution will be an essential part of the Space Station.
This Agreement lists in the Annex the elements to be provided by the Partners to form the international
Space Station.
3. The permanently inhabited civil international Space Station (hereinafter "the Space Station") will be a
multi-use facility in low-earth orbit, with flight elements and Space Station-unique ground elements
provided by all the Partners. By providing Space Station flight elements, each Partner acquires certain rights
to use the Space Station and participates in its management in accordance with this Agreement, the MOUs,
and implementing arrangements.
4. The Space Station is conceived as having an evolutionary character. The Partner States' rights and
obligations regarding evolution shall be subject to specific provisions in accordance with Article 14.
Article 2
International Rights and Obligations
1. The Space Station shall be developed, operated, and utilized in accordance with international law,
including the Outer Space Treaty, the Rescue Agreement, the Liability Convention, and the Registration
Convention.
2. Nothing in this Agreement shall be interpreted as:
(a) modifying the rights and obligations of the Partner States found in the treaties listed in paragraph
1 above, either toward each other or toward other States, except as otherwise provided in Article
16;
(b) affecting the rights and obligations of the Partner States when exploring or using outer space,
whether individually or in cooperation with other States, in activities unrelated to the Space
Station; or
(c) constituting a basis for asserting a claim to national appropriation over outer space or over any
portion of outer space.
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Article 3
Definitions
For the purposes of this Agreement, the following definitions shall apply:
(a) "this Agreement": the present Agreement, including the Annex;
(b) "the Partners" (or, where appropriate, "each Partner"): the Government of Canada; the
European Governments listed in the Preamble which become parties to this Agreement, as well
as any other European Government that may accede to this Agreement in accordance with
Article 25(3), acting collectively as one Partner; the Government of Japan; the Government of
the Russian Federation; and the Government of the United States;
(c) "Partner State": each Contracting Party for which this Agreement has entered into force, in
accordance with Article 25.
Article 4
Cooperating Agencies
(1)
The Partners agree that the Canadian Space Agency (hereinafter "CSA") for the Government of
Canada, the European Space Agency (hereinafter "ESA") for the European Governments, the Russian
Space Agency (hereinafter "RSA") for Russia, and the National Aeronautics and Space
Administration (hereinafter "NASA") for the United States shall be the Cooperating Agencies
responsible for implementing Space Station cooperation. The Government of Japan's Cooperating
Agency designation for implementing Space Station cooperation shall be made in the Memorandum
of Understanding between NASA and the Government of Japan referred to in paragraph 2 below.
(2)
The Cooperating Agencies shall implement Space Station cooperation in accordance with the
relevant provisions of this Agreement, the respective Memoranda of Understanding (MOUs)
between NASA and CSA, NASA and ESA, NASA and the Government of Japan, and NASA and
RSA concerning cooperation on the civil international Space Station, and arrangements between or
among NASA and the other Cooperating Agencies implementing the MOUs (implementing
arrangements). The MOUs shall be subject to this Agreement, and the implementing arrangements
shall be consistent with and subject to the MOUs.
(3)
Where a provision of an MOU sets forth rights or obligations accepted by a Cooperating Agency (or,
in the case of Japan, the Government of Japan) not a party to that MOU, such provision may not be
amended without the written consent of that Cooperating Agency (or, in the case of Japan, the
Government of Japan).
Article 5
Registration; Jurisdiction and Control
(1)
In accordance with Article II of the Registration Convention, each Partner shall register as space
objects the flight elements listed in the Annex which it provides, the European Partner having
delegated this responsibility to ESA, acting in its name and on its behalf.
(2)
Pursuant to Article VIII of the Outer Space Treaty and Article II of the Registration Convention, each
Partner shall retain jurisdiction and control over the elements it registers in accordance with
paragraph 1 above and over personnel in or on the Space Station who are its nationals. The exercise
of such jurisdiction and control shall be subject to any relevant provisions of this Agreement, the
MOUs, and implementing arrangements, including relevant procedural mechanisms established
therein.
Article 6
Ownership of Elements and Equipment
(1)
Canada, the European Partner, Russia, and the United States, through their respective Cooperating
Agencies, and an entity designated by Japan at the time of the deposit of its instrument under Article
25(2), shall own the elements listed in the Annex that they respectively provide, except as otherwise
provided for in this Agreement. The Partners, acting through their Cooperating Agencies, shall notify
each other regarding the ownership of any equipment in or on the Space Station.
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(2)
(3)
(4)
(5)
(6)
(7)
The European Partner shall entrust ESA, acting in its name and on its behalf, with ownership over
the elements it provides, as well as over any other equipment developed and funded under an ESA
programme as a contribution to the Space Station, its operation or utilization.
The transfer of ownership of the elements listed in the Annex or of equipment in or on the Space
Station shall not affect the rights and obligations of the Partners under this Agreement, the MOUs, or
implementing arrangements.
Equipment in or on the Space Station shall not be owned by, and ownership of elements listed in the
Annex shall not be transferred to, any non-Partner or private entity under the jurisdiction of a nonPartner without the prior concurrence of the other Partners. Any transfer of ownership of any element
listed in the Annex shall require prior notification of the other Partners.
The ownership of equipment or material provided by a user shall not be affected by the mere
presence of such equipment or material in or on the Space Station.
The ownership or registration of elements or the ownership of equipment shall in no way be deemed
to be an indication of ownership of material or data resulting from the conduct of activities in or on
the Space Station.
The exercise of ownership of elements and equipment shall be subject to any relevant provisions of
this Agreement, the MOUs, and implementing arrangements, including relevant procedural
mechanisms established therein.
Article 7
Management
(1)
Management of the Space Station will be established on a multilateral basis and the Partners, acting
through their Cooperating Agencies, will participate and discharge responsibilities in management
bodies established in accordance with the MOUs and implementing arrangements as provided below.
These management bodies shall plan and coordinate activities affecting the design and development
of the Space Station and its safe, efficient, and effective operation and utilization, as provided in this
Agreement and the MOUs. In these management bodies, decision-making by consensus shall be the
goal. Mechanisms for decision-making within these management bodies where it is not possible for
the Cooperating Agencies to reach consensus are specified in the MOUs. Decision-making
responsibilities, which the Partners and their Cooperating Agencies have with respect to the elements
they provide are specified in this Agreement and the MOUs.
(2)
The United States, acting through NASA, and in accordance with the MOUs and implementing
arrangements, shall be responsible for management of its own program, including its utilization
activities.
The United States, acting through NASA, and in accordance with the MOUs and implementing
arrangements, shall also be responsible for:
-overall program management and coordination of the Space Station, except as otherwise
provided in this Article and in the MOUs;
-overall system engineering and integration; establishment of overall safety requirements and
plans; and overall planning for and coordination of the execution of the overall integrated
operation of the Space Station.
(3)
Canada, the European Partner, Japan and Russia, acting through their Cooperating Agencies, and in
accordance with the MOUs and implementing arrangements, shall each be responsible for:
management of their own programs, including their utilization activities; system engineering and
integration of the elements they provide; development and implementation of detailed safety
requirements and plans for the elements they provide; and, consistent with paragraph 2 above,
supporting the United States in the performance of its overall responsibilities, including participating
in planning for and coordination of the execution of the integrated operation of the Space Station.
(4)
To the extent that a design and development matter concerns only a Space Station element provided
by Canada, the European Partner, Japan, or Russia and is not covered in the agreed program
documentation provided for in the MOUs, that Partner, acting through its Cooperating Agency, may
make decisions related to that element.
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Article 8
Detailed Design and Development
In accordance with Article 7 and other relevant provisions of this Agreement, and in accordance with the
MOUs and implementing arrangements, each Partner, acting through its Cooperating Agency, shall design
and develop the elements which it provides, including Space Station-unique ground elements adequate to
support the continuing operation and full international utilization of the flight elements, and shall interact
with the other Partners, through their Cooperating Agencies, to reach solutions on design and development
of their respective elements.
Article 9
Utilization
(1)
Utilization rights are derived from Partner provision of user elements, infrastructure elements, or
both. Any Partner that provides Space Station user elements shall retain use of those elements, except
as otherwise provided in this paragraph. Partners, which provide resources to operate and use the
Space Station, which are derived from their Space Station infrastructure elements, shall receive in
exchange a fixed share of the use of certain user elements. Partners' specific allocations of Space
Station user elements and of resources derived from Space Station infrastructure are set forth in the
MOUs and implementing arrangements.
(2)
The Partners shall have the right to barter or sell any portion of their respective allocations. The terms
and conditions of any barter or sale shall be determined on a case-by-case basis by the parties to the
transaction.
(3)
Each Partner may use and select users for its allocations for any purpose consistent with the object of
this Agreement and provisions set forth in the MOUs and implementing arrangements, except that:
(a) any proposed use of a user element by a non-Partner or private entity under the
jurisdiction of a non-Partner shall require the prior notification to and timely
consensus among all Partners through their Cooperating Agencies; and
(b) the Partner providing an element shall determine whether a contemplated use of that
element is for peaceful purposes, except that this subparagraph shall not be invoked to
prevent any Partner from using resources derived from the Space Station
infrastructure.
(4)
In its use of the Space Station, each Partner, through its Cooperating Agency, shall seek through the
mechanisms established in the MOUs to avoid causing serious adverse effects on the use of the Space
Station by the other Partners.
(5)
Each Partner shall assure access to and use of its Space Station elements to the other Partners in
accordance with their respective allocation.
(6)
For purposes of this Article, an ESA Member State shall not be considered a "non-Partner".
Article 10
Operation
The Partners, acting through their Cooperating Agencies, shall have responsibilities in the operation of the
elements they respectively provide, in accordance with Article 7 and other relevant provisions of this
Agreement, and in accordance with the MOUs and implementing arrangements. The Partners, acting through
their Cooperating Agencies, shall develop and implement procedures for operating the Space Station in a
manner that is safe, efficient, and effective for Space Station users and operators, in accordance with the
MOUs and implementing arrangements. Further, each Partner, acting through its Cooperating Agency, shall
be responsible for sustaining the functional performance of the elements it provides.
Article 11
Crew
(1)
Each Partner has the right to provide qualified personnel to serve on an equitable basis as Space
Station crewmembers. Selections and decisions regarding the flight assignments of a Partner's
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(2)
crewmembers shall be made in accordance with procedures provided in the MOUs and implementing
arrangements.
The Code of Conduct for the Space Station crew will be developed and approved by all the Partners
in accordance with the individual Partner's internal procedures, and in accordance with the MOUs. A
Partner must have approved the Code of Conduct before it provides Space Station crew. Each
Partner, in exercising its right to provide crew, shall ensure that its crewmembers observe the Code of
Conduct.
Article 12
Transportation
(1)
Each of the Partners shall have the right of access to the Space Station using its respective
government and private sector space transportation systems, if they are compatible with the Space
Station. The United States, Russia, the European Partner, and Japan, through their respective
Cooperating Agencies, shall make available launch and return transportation services for the Space
Station (using such space transportation systems as the U.S. Space Shuttle, the Russian Proton and
Soyuz, the European Ariane-5, and the Japanese H-II). Initially, the U.S. and Russian space
transportation systems will be used to provide launch and return transportation services for the Space
Station and, in addition, the other space transportation systems will be used as those systems become
available. Access and launch and return transportation services shall be in accordance with the
provisions of the relevant MOUs and implementing arrangements.
(2)
Those Partners providing launch and return transportation services to other Partners and their
respective users on a reimbursable or other basis shall provide such services consistent with
conditions specified in the relevant MOUs and implementing arrangements. Those Partners providing
launch and return transportation services on a reimbursable basis shall provide such services to
another Partner or the users of that Partner, in comparable circumstances, on the same basis they
provide such services to any other Partner or the users of such other Partner. Partners shall use their
best efforts to accommodate proposed requirements and flight schedules of the other Partners.
(3)
The United States, through NASA, working with the other Partners' Cooperating Agencies in
management bodies, shall plan and coordinate launch and return transportation services for the Space
Station in accordance with the integrated traffic planning process, as provided in the MOUs and
implementing arrangements.
(4)
Each Partner shall respect the proprietary rights in and the confidentiality of appropriately marked
data and goods to be transported on its space transportation system.
Article 13
Communications
(1)
The United States and Russia, through their Cooperating Agencies, shall provide the two primary
data relay satellite system space and ground communications networks for command, control, and
operations of Space Station elements and payloads, and other Space Station communication purposes.
Other Partners may provide data relay satellite system space and ground communication networks, if
they are compatible with the Space Station and with Space Station use of the two primary networks.
The provision of Space Station communications shall be in accordance with provisions in the relevant
MOUs and implementing arrangements.
(2)
On a reimbursable basis, the Cooperating Agencies shall use their best efforts to accommodate, with
their respective communication systems, specific Space Station-related requirements of one another,
consistent with conditions specified in the relevant MOUs and implementing arrangements.
(3)
The United States, through NASA, working with the other Partners' Cooperating Agencies in
management bodies, shall plan and coordinate space and ground communications services for the
Space Station in accordance with relevant program documentation, as provided in the MOUs and
implementing arrangements.
(4)
Measures to ensure the confidentiality of utilization data passing through the Space Station
Information System and other communication systems being used in connection with the Space
Station may be implemented, as provided in the MOUs. Each Partner shall respect the proprietary
rights in, and the confidentiality of, the utilization data passing through its communication systems,
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including its ground network and the communication systems of its contractors, when providing
communication services to another Partner.
Article 14
Evolution
(1)
The Partners intend that the Space Station shall evolve through the addition of capability and shall
strive to maximize the likelihood that such evolution will be effected through contributions from all
the Partners. To this end, it shall be the object of each Partner to provide, where appropriate, the
opportunity to the other Partners to cooperate in its proposals for additions of evolutionary capability.
The Space Station together with its additions of evolutionary capability shall remain a civil station,
and its operation and utilization shall be for peaceful purposes, in accordance with international law.
(2)
This Agreement sets forth rights and obligations concerning only the elements listed in the Annex,
except that this Article and Article 16 shall apply to any additions of evolutionary capability. This
Agreement does not commit any Partner State to participate in, or otherwise grant any Partner rights
in, the addition of evolutionary capability.
(3)
Procedures for the coordination of the Partners' respective evolution studies and for the review of
specific proposals for the addition of evolutionary capability are provided in the MOUs.
(4)
Cooperation between or among Partners regarding the sharing of addition(s) of evolutionary
capability shall require, following the coordination and review provided for in paragraph 3 above,
either the amendment of this Agreement, or a separate agreement to which the United States, to
ensure that any addition is consistent with the overall program, and any other Partner providing a
Space Station element or space transportation system on which there is an operational or technical
impact, shall be parties.
(5)
Following the coordination and review provided for in paragraph 3 above, the addition of
evolutionary capability by one Partner shall require prior notification of the other Partners, and an
agreement with the United States to ensure that any addition is consistent with the overall program,
and with any other Partner providing a Space Station element or space transportation system on
which there is an operational or technical impact.
(6)
A Partner, which may be affected by the addition of evolutionary capability under paragraph 4 or 5
above, may request consultations with the other Partners in accordance with Article 23.
(7)
The addition of evolutionary capability shall in no event modify the rights and obligations of any
Partner State under this Agreement and the MOUs concerning the elements listed in the Annex,
unless the affected Partner State otherwise agrees.
Article 15
Funding
(1)
Each Partner shall bear the costs of fulfilling its respective responsibilities under this Agreement,
including sharing on an equitable basis the agreed common system operations costs or activities
attributed to the operation of the Space Station as a whole, as provided in the MOUs and
implementing arrangements.
(2)
Financial obligations of each Partner pursuant to this Agreement are subject to its funding
procedures and the availability of appropriated funds. Recognizing the importance of Space Station
cooperation, each Partner undertakes to make its best efforts to obtain approval for funds to meet
those obligations, consistent with its respective funding procedures.
(3)
In the event that funding problems arise that may affect a Partner's ability to fulfil its responsibilities
in Space Station cooperation that Partner, acting through its Cooperating Agency, shall notify and
consult with the other Cooperating Agencies. If necessary, the Partners may also consult.
(4)
The Partners shall seek to minimize operations costs for the Space Station. In particular, the Partners,
through their Cooperating Agencies, in accordance with the provisions of the MOUs, shall develop
procedures intended to contain the common system operations costs and activities within approved
estimated levels.
(5)
The Partners shall also seek to minimize the exchange of funds in the implementation of Space
Station cooperation, including through the performance of specific operations activities as provided
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in the MOUs and implementing arrangements or, if the concerned Partners agree, through the use of
barter.
Article 16
Cross-Waiver of Liability
(1)
The objective of this Article is to establish a cross-waiver of liability by the Partner States and related
entities in the interest of encouraging participation in the exploration, exploitation, and use of outer
space through the Space Station. This cross-waiver of liability shall be broadly construed to achieve
this objective.
(2)
For the purposes of this Article:
(a) A "Partner State" includes its Cooperating Agency. It also includes any entity specified in the
MOU between NASA and the Government of Japan to assist the Government of Japan's
Cooperating Agency in the implementation of that MOU.
(b) The term "related entity" means:
(1) a contractor or subcontractor of a Partner State at any tier;
(2) a user or customer of a Partner State at any tier; or
(3) a contractor or subcontractor of a user or customer of a Partner State at any tier. This
subparagraph may also apply to a State, or an agency or institution of a State, having the
same relationship to a Partner State as described in subparagraphs 2(b)(1) through 2(b)(3)
above or otherwise engaged in the implementation of Protected Space Operations as
defined in subparagraph 2(f) below. "Contractors" and "subcontractors" include suppliers
of any kind.
(c) The term "damage" means:
(1) bodily injury to, or other impairment of health of, or death of, any person;
(2) damage to, loss of, or loss of use of any property;
(3) loss of revenue or profits; or
(4) other direct, indirect or consequential damage.
(d) The term "launch vehicle" means an object (or any part thereof) intended for launch, launched
from Earth, or returning to Earth which carries payloads or persons, or both.
(e) The term "payload" means all property to be flown or used on or in a launch vehicle or the
Space Station.
(f) The term "Protected Space Operations" means all launch vehicle activities, Space Station
activities, and payload activities on Earth, in outer space, or in transit between Earth and outer
space in implementation of this Agreement, the MOUs, and implementing arrangements. It
includes, but is not limited to:
(1) research, design, development, test, manufacture, assembly, integration, operation, or use
of launch or transfer vehicles, the Space Station, or a payload, as well as related support
equipment and facilities and services; and
(2) all activities related to ground support, test, training, simulation, or guidance and control
equipment and related facilities or services. "Protected Space Operations" also includes all
activities related to evolution of the Space Station, as provided for in Article 14. "Protected
Space Operations" excludes activities on Earth which are conducted on return from the
Space Station to develop further a payload's product or process for use other than for
Space Station related activities in implementation of this Agreement.
(3)
(a) Each Partner State agrees to a cross-waiver of liability pursuant to which each Partner State
waives all claims against any of the entities or persons listed in subparagraphs 3(a)(1) through
3(a)(3) below based on damage arising out of Protected Space Operations. This cross-waiver
shall apply only if the person, entity, property causing the damage is involved in Protected
Space Operations and the person, entity, or property damaged is damaged by virtue of its
involvement in Protected Space Operations. The cross-waiver shall apply to any claims for
damage, whatever the legal basis for such claims against:
(1) another Partner State;
(2) a related entity of another Partner State;
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(3) the employees of any of the entities identified in subparagraphs 3(a)(1) and 3(a)(2)
above.
(b) .In addition, each Partner State shall, by contract or otherwise, extend the cross-waiver of
liability as set forth in subparagraph 3(a) above to its related entities by requiring them to:
(1) waive all claims against the entities or persons identified in subparagraphs 3(a)(1)
through 3(a)(3) above; and
(2) require that their related entities waive all claims against the entities or persons
identified in subparagraphs 3(a)(1) through 3(a)(3) above.
(c) For avoidance of doubt, this cross-waiver of liability includes a cross-waiver of liability arising
from the Liability Convention where the person, entity, or property causing the damage is
involved in Protected Space Operations and the person, entity, or property damaged is damaged
by virtue of its involvement in Protected Space Operations.
(d) Notwithstanding the other provisions of this Article, this cross-waiver of liability shall not be
applicable to:
(1) claims between a Partner State and its related entity or between its own related
entities;
(2) claims made by a natural person, his/her estate, survivors or subrogees (except when
a subrogee is a Partner State) for bodily injury to, or other impairment of health of, or
death of such natural person;
(3) claims for damage caused by wilful misconduct;
(4) intellectual property claims;
(5) claims for damage resulting from a failure of a Partner State to extend the crosswaiver of liability to its related entities, pursuant to subparagraph 3(b) above.
(e) With respect to subparagraph 3(d)(2) above, in the event that a subrogated claim of the
Government of Japan is not based upon government employee accident compensation law, the
Government of Japan shall fulfil its obligation to waive such subrogated claim by ensuring that
any assisting entity specified pursuant to subparagraph 2(a) above indemnifies, in a manner
consistent with Article 15(2) and in accordance with applicable laws and regulations of Japan,
any entity or person identified in subparagraphs 3(a)(1) through 3(a)(3) above against liability
arising from such subrogated claim by the Government of Japan. Nothing in this Article shall
preclude the Government of Japan from waiving the foregoing subrogated claims.
(f) Nothing in this Article shall be construed to create the basis for a claim or suit where none would
otherwise exist.
Article 17
Liability Convention
(1)
Except as otherwise provided in Article 16, the Partner States, as well as ESA, shall remain liable in
accordance with the Liability Convention.
(2)
In the event of a claim arising out of the Liability Convention, the Partners (and ESA, if appropriate)
shall consult promptly on any potential liability, on any apportionment of such liability, and on the
defence of such claim.
(3)
Regarding the provision of launch and return services provided for in Article 12(2), the Partners
concerned (and ESA, if appropriate) may conclude separate agreements regarding the apportionment
of any potential joint and several liabilities arising out of the Liability Convention.
Article 18
Customs and Immigration
(1)
Each Partner State shall facilitate the movement of persons and goods necessary to implement this
Agreement into and out of its territory, subject to its laws and regulations.
(2)
Subject to its laws and regulations, each Partner State shall facilitate provision of the appropriate
entry and residence documentation for nationals and families of nationals of another Partner State
who enter or exit or reside within the territory of the first Partner State in order to carry out functions
necessary for the implementation of this Agreement.
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(3)
Each Partner State shall grant permission for duty-free importation and exportation to and from its
territory of goods and software which are necessary for implementation of this Agreement and shall
ensure their exemption from any other taxes and duties collected by the customs authorities. This
paragraph shall be implemented without regard to the country of origin of such necessary goods and
software.
Article 19
Exchange of Data and Goods
(1)
Except as otherwise provided in this paragraph, each Partner, acting through its Cooperating Agency
shall transfer all technical data and goods considered being necessary (by both parties to any transfer)
to fulfil the responsibilities of that Partner's Cooperating Agency under the relevant MOUs and
implementing arrangements. Each Partner undertakes to handle expeditiously any request for
technical data or goods presented by the Cooperating Agency of another Partner for the purposes of
Space Station cooperation. This Article shall not require a Partner State to transfer any technical data
and goods in contravention of its national laws or regulations.
(2)
The Partners shall make their best efforts to handle expeditiously requests for authorization of
transfers of technical data and goods by persons or entities other than the Partners or their
Cooperating Agencies (for example, company-to-company exchanges which are likely to develop),
and they shall encourage and facilitate such transfers in connection with the Space Station
cooperation under this Agreement. Otherwise, such transfers are not covered by the terms and
conditions of this Article. National laws and regulations shall apply to such transfers.
(3)
The Partners agree that transfers of technical data and goods under this Agreement shall be subject to
the restrictions set forth in this paragraph. The transfer of technical data for the purposes of
discharging the Partners' responsibilities with regard to interface, integration and safety shall
normally be made without the restrictions set forth in this paragraph. If detailed design,
manufacturing, and processing data and associated software is necessary for interface, integration or
safety purposes, the transfer shall be made in accordance with paragraph 1 above, but the data and
associated software may be appropriately marked as set out below. Technical data and goods not
covered by the restrictions set forth in this paragraph shall be transferred without restriction, except as
otherwise restricted by national laws or regulations.
(a) The furnishing Cooperating Agency shall mark with a notice, or otherwise specifically
identify, the technical data or goods that are to be protected for export control
purposes. Such a notice or identification shall indicate any specific conditions
regarding how such technical data or goods may be used by the receiving Cooperating
Agency and its contractors and subcontractors, including:
(1) that such technical data or goods shall be used only for the purposes of
fulfilling the receiving Cooperating Agency's responsibilities under this
Agreement and the relevant MOUs, and
(2) that such technical data or goods shall not be used by persons or entities
other than the receiving Cooperating Agency, its contractors or
subcontractors, or for any other purposes, without the prior written
permission of the furnishing Partner State, acting through its Cooperating
Agency.
(b) The furnishing Cooperating Agency shall mark with a notice the technical data that
are to be protected for proprietary rights purposes. Such notice shall indicate any
specific conditions regarding how such technical data may be used by the receiving
Cooperating Agency and its contractors and subcontractors, including:
(1) that such technical data shall be used, duplicated, or disclosed only for the
purposes of fulfilling the receiving Cooperating Agency's responsibilities
under this Agreement and the relevant MOUs, and
(2) that such technical data shall not be used by persons or entities other than the
receiving Cooperating Agency, its contractors or subcontractors, or for any
other purposes, without the prior written permission of the furnishing Partner
State, acting through its cooperating Agency.
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(4)
(5)
(6)
(7)
(8)
(c) In the event that any technical data or goods transferred under this Agreement are
classified, the furnishing Cooperating Agency shall mark with a notice, or otherwise
specifically identify, such technical data or goods. The requested Partner State may
require that any such transfer shall be pursuant to a security of information agreement
or arrangement which sets forth the conditions for transferring and protecting such
technical data or goods. A transfer need not be conducted if the receiving Partner State
does not provide for the protection of the secrecy of patent applications containing
information that is classified or otherwise held in secrecy for national security
purposes. No classified technical data or goods shall be transferred under this
Agreement unless both parties agree to the transfer.
Each Partner State shall take all necessary steps to ensure that technical data or goods received by it
under subparagraphs 3(a), 3(b), or 3(c) above shall be treated by the receiving Partner States, its
Cooperating Agency, and other persons and entities (including contractors and subcontractors) to
which the technical data or goods are subsequently transferred in accordance with the terms of the
notice or identification. Each Partner State and Cooperating Agency shall take all reasonably
necessary steps, including ensuring appropriate contractual conditions in their contracts and
subcontracts, to prevent unauthorized use, disclosure, or retransfer of, or unauthorized access to, such
technical data or goods. In the case of technical data or goods received under subparagraph 3(c)
above, the receiving Partner State or Cooperating Agency shall accord such technical data or goods a
level of protection at least equivalent to the level of protection accorded by the furnishing Partner
State or Cooperating Agency.
It is not the intent of the Partners to grant, through this Agreement or the relevant MOUs, any rights
to a recipient beyond the right to use, disclose, or retransfer received technical data or goods
consistent with conditions imposed under this Article.
Withdrawal from this Agreement by a Partner State shall not affect rights or obligations regarding the
protection of technical data and goods transferred under this Agreement prior to such withdrawal,
unless otherwise agreed in a withdrawal agreement pursuant to Article 28.
For the purposes of this Article, any transfer of technical data and goods by a Cooperating Agency to
ESA shall be deemed to be destined to ESA, to all of the European Partner States, and to ESA's
designated Space Station contractors and subcontractors, unless otherwise specifically provided for at
the time of transfer.
The Partners, through their Cooperating Agencies, will establish guidelines for security of
information.
Article 20
Treatment of Data and Goods in Transit
Recognizing the importance of the continuing operation and full international utilization of the Space
Station, each Partner State shall, to the extent its applicable laws and regulations permit, allow the
expeditious transit of data and goods of the other Partners, their Cooperating Agencies, and their users. This
Article shall only apply to data and goods transiting to and from the Space Station, including but not limited
to transit between its national border and a launch or landing site within its territory, and between a launch or
landing site and the Space Station.
Article 21
Intellectual Property
(1)
For the purposes of this Agreement, "intellectual property" is understood to have the meaning of
Article 2 of the Convention Establishing the World Intellectual Property Organization, done at
Stockholm on 14 July 1967.
(2)
Subject to the provisions of this Article, for purposes of intellectual property law, an activity
occurring in or on a Space Station flight element shall be deemed to have occurred only in the
territory of the Partner State of that element's registry, except that for ESA-registered elements any
European Partner State may deem the activity to have occurred within its territory. For avoidance of
doubt, participation by a Partner State, its Cooperating Agency, or its related entities in an activity
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(3)
(4)
(5)
(6)
occurring in or on any other Partner's Space Station flight element shall not in and of itself alter or
affect the jurisdiction over such activity provided for in the previous sentence.
In respect of an invention made in or on any Space Station flight element by a person who is not its
national or resident, a Partner State shall not apply its laws concerning secrecy of inventions so as to
prevent the filing of a patent application (for example, by imposing a delay or requiring prior
authorization) in any other Partner State that provides for the protection of the secrecy of patent
applications containing information that is classified or otherwise protected for national security
purposes. This provision does not prejudice:
(a) the right of any Partner State in which a patent application is first filed to control the
secrecy of such patent application or restrict its further filing; or
(b) the right of any other Partner State in which an application is subsequently filed to
restrict, pursuant to any international obligation, the dissemination of an application.
Where a person or entity owns intellectual property, which is protected in more than one European
Partner State, that person or entity may not recover in more than one such State for the same act of
infringement of the same rights in such intellectual property, which occurs in or on an ESA-registered
element. Where the same act of infringement in or on an ESA-registered element gives rise to actions
by different intellectual property owners by virtue of more than one European Partner State's deeming
the activity to have occurred in its territory, a court may grant a temporary stay of proceeding in a
later-filed action pending the outcome of an earlier-filed action. Where more than one action is
brought, satisfaction of a judgment rendered for damages in any of the actions shall bar further
recovery of damages in any pending or future action for infringement based upon the same act of
infringement.
With respect to an activity occurring in or on an ESA-registered element, no European Partner State
shall refuse to recognize a license for the exercise of any intellectual property right if that license is
enforceable under the laws of any European Partner State, and compliance with the provisions of
such license shall also bar recovery for infringement in any European Partner State.
The temporary presence in the territory of a Partner State of any articles, including the components of
a flight element, in transit between any place on Earth and any flight element of the Space Station
registered by another Partner State or ESA shall not in itself form the basis for any proceedings in the
first Partner State for patent infringement.
Article 22
Criminal Jurisdiction
In view of the unique and unprecedented nature of this particular international cooperation in space:
(1)
Canada, the European Partner States, Japan, Russia, and the United States may exercise criminal
jurisdiction over personnel in or on any flight element who are their respective nationals.
(2)
In a case involving misconduct on orbit that:
(a) affects the life or safety of a national of another Partner State, or
(b) occurs in or on or causes damage to the flight element of another Partner State, the Partner
State whose national is the alleged perpetrator shall, at the request of any affected Partner State,
consult with such State concerning their respective prosecutorial interests. An affected Partner
State may, following such consultation, exercise criminal jurisdiction over the alleged
perpetrator provided that, within 90 days of the date of such consultation or within such other
period as may be mutually agreed, the Partner State whose national is the alleged perpetrator
either:
(1) concurs in such exercise of criminal jurisdiction, or
(2) fails to provide assurances that it will submit the case to its competent authorities for
the purpose of prosecution.
(3)
If a Partner State, which makes extradition conditional on the existence of a treaty, receives a request
for extradition from another Partner State with which it has no extradition treaty, it may at its option
consider this Agreement as the legal basis for extradition in respect of the alleged misconduct on
orbit. Extradition shall be subject to the procedural provisions and the other conditions of the law of
the requested Partner State.
(4)
Each Partner State shall, subject to its national laws and regulations, afford the other Partners
assistance in connection with alleged misconduct on orbit.
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(5)
This Article is not intended to limit the authorities and procedures for the maintenance of order and
the conduct of crew activities in or on the Space Station, which shall be established in the Code of
Conduct pursuant to Article 11, and the Code of Conduct is not intended to limit the application of
this Article.
Article 23
Consultations
1.
The Partners, acting through their Cooperating Agencies, may consult with each other on any matter
arising out of Space Station cooperation. The Partners shall exert their best efforts to settle such matters
through consultation between or among their Cooperating Agencies in accordance with procedures provided
in the MOUs.
2.
Any Partner may request that government-level consultations be held with another Partner on any
matter arising out of Space Station cooperation. The requested Partner shall accede to such request
promptly. If the requesting Partner notifies the United States that the subject of such consultations is
appropriate for consideration by all the Partners, the United States shall convene multilateral consultations at
the earliest practicable time, to which it shall invite all the Partners.
3.
Any Partner, which intends to proceed with significant flight element design changes, which may
have an impact on the other Partners, shall notify the other Partners accordingly at the earliest opportunity. A
Partner so notified may request that the matter be submitted to consultations in accordance with paragraphs 1
and 2 above.
4.
If an issue not resolved through consultations still needs to be resolved, the concerned Partners may
submit that issue to an agreed form of dispute resolution such as conciliation, mediation, or arbitration.
Article 24
Space Station Cooperation Review
In view of the long-term, complex, and evolving character of their cooperation under this Agreement, the
Partners shall keep each other informed of developments, which might affect this cooperation. Beginning in
1999, and every three years thereafter, the Partners shall meet to deal with matters involved in their
cooperation and to review and promote Space Station cooperation.
Article 25
Entry into Force
1.
This Agreement shall remain open for signature by the States listed in the Preamble of this
Agreement.
2.
This Agreement is subject to ratification, acceptance, approval, or accession. Ratification,
acceptance, approval, or accession shall be effected by each State in accordance with its
constitutional processes. Instruments of ratification, acceptance, approval, or accession shall be
deposited with the Government of the United States, hereby designated as the Depositary.
3.
(a) This Agreement shall enter into force on the date on which the last instrument of ratification,
acceptance, or approval of Japan, Russia and the United States has been deposited. The
Depositary shall notify all signatory States of this Agreement's entry into force.
(b)
This Agreement shall not enter into force for a European Partner State before it enters into
force for the European Partner. It shall enter into force for the European Partner after the
Depositary receives instruments of ratification, acceptance, approval, or accession from at
least four European signatory or acceding States, and, in addition, a formal notification by the
Chairman of the ESA Council.
(c)
Following entry into force of this Agreement for the European Partner, it shall enter into force
for any European State listed in the Preamble that has not deposited its instrument of
ratification, acceptance or approval upon deposit of such instrument. Any ESA Member State
not listed in the Preamble may accede to this Agreement by depositing its instrument of
accession with the Depositary.
1.
Upon entry into force of this Agreement, the 1988 Agreement shall cease to be in force.
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2.
If this Agreement has not entered into force for a Partner within a period of two years after its
signature, the United States may convene a conference of the signatories to this Agreement to
consider what steps, including any modifications to this Agreement, are necessary to take account of
that circumstance.
Article 26
Operative Effect as Between Certain Parties
Notwithstanding Article 25(3)(a) above, this Agreement shall become operative as between the United
States and Russia on the date they have expressed their consent to be bound by depositing their instruments
of ratification, acceptance or approval. The Depositary shall notify all signatory States if this Agreement
becomes operative between the United States and Russia pursuant to this Article.
Article 27
Amendments
This Agreement, including its Annex, may be amended by written agreement of the Governments of the
Partner States for which this Agreement has entered into force. Amendments to this Agreement, except for
those made exclusively to the Annex, shall be subject to ratification, acceptance, approval, or accession by
those States in accordance with their respective constitutional processes. Amendments made exclusively to
the Annex shall require only a written agreement of the Governments of the Partner States for which this
Agreement has entered into force.
Article 28
Withdrawal
1.
Any Partner State may withdraw from this Agreement at any time by giving to the Depositary at least
one year's prior written notice. Withdrawal by a European Partner State shall not affect the rights and
obligations of the European Partner under this Agreement.
2.
If a Partner gives notice of withdrawal from this Agreement, with a view toward ensuring the
continuation of the overall program, the Partners shall endeavour to reach agreement concerning the terms
and conditions of that Partner's withdrawal before the effective date of withdrawal.
3.
(a)
Because Canada's contribution is an essential part of the Space Station, upon its withdrawal,
Canada shall ensure the effective use and operation by the United States of the Canadian elements
listed in the Annex. To this end, Canada shall expeditiously provide hardware, drawings,
documentation, software, spares, tooling, special test equipment, and/or any other necessary items
requested by the United States.
(b)
Upon Canada's notice of withdrawal for any reason, the United States and Canada shall
expeditiously negotiate a withdrawal agreement. Assuming that such agreement provides for the
transfer to the United States of those elements required for the continuation of the overall program, it
shall also provide for the United States to give Canada adequate compensation for such transfer.
(c)
If a Partner gives notice of withdrawal from this Agreement, its Cooperating Agency shall be
deemed to have withdrawn from its corresponding MOU with NASA, effective from the same date as
its withdrawal from this Agreement.
(d)
Withdrawal by any Partner State shall not affect that Partner State's continuing rights and
obligations under Articles 16, 17, and 19, unless otherwise agreed in a withdrawal agreement
pursuant to paragraph 2 or 3 above.
IN WITNESS WHEREOF the undersigned, being duly authorized thereto by their respective Governments,
have signed this Agreement.
DONE at Washington, this 29th day of January 1998. The texts of this Agreement in the English, French,
German, Italian, Japanese, and Russian languages shall be equally authentic. A single original text in each
language shall be deposited in the archives of the Government of the United States. The Depositary shall
126
transmit certified copies to all signatory States. Upon entry into force of this Agreement, the Depositary shall
register it pursuant to Article 102 of the Charter of the United Nations.
ANNEX
Space Station Elements to be Provided by the Partners.
The Space Station elements to be provided by the Partners are summarized below and are further
elaborated in the MOUs:
1. The Government of Canada, through CSA, shall provide:
--as a Space Station infrastructure element, the Mobile Servicing Centre (MSC);
--as an additional flight element, the Special Purpose Dexterous Manipulator; and
--in addition to the flight elements above, Space Station-unique ground elements.
2. The European Governments, through ESA, shall provide:
--as a user element, the European pressurized laboratory (including basic functional outfitting);
--other flight elements to supply and to reboot the Space Station; and
--in addition to the flight elements above, Space Station-unique ground elements.
3.The Government of Japan shall provide:
--as a user element, the Japanese Experiment Module (including basic functional outfitting, as well
as the Exposed Facility and the Experiment Logistics Modules);
--other flight elements to supply the Space Station; and
--in addition to the flight elements above, Space Station-unique ground elements.
4. The Government of Russia, through RSA, shall provide:
--Space Station infrastructure elements, including service and other modules;
--as user elements, research modules (including basic functional outfitting) and attached payload
accommodation equipment;
--other flight elements to supply and to reboot the Space Station; and
--in addition to the flight elements above, Space Station-unique ground elements.
5. The Government of the United States, through NASA, shall provide:
--Space Station infrastructure elements, including a habitation module;
--as user elements, laboratory modules (including basic functional outfitting), and attached payload
accommodation equipment;
--other flight elements to supply the Space Station; and
--in addition to the flight elements above, Space Station-unique ground elements.
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CHILE
SUPREME DECREE No. 338 on the Establishment of a Presidential Advisory
Committee Known as the Chilean Space Agency
[UNOFFICIAL TRANSLATION]
Republic of Chile
Ministry of National Defense
Office of the Under-Secretary of Aviation
Published in Official Gazette
No. 37039 of 17 August 2001
Establishment of a Presidential Advisory Committee known as the Chilean Space Agency
Supreme Decree No. 338
Santiago, 17 July 2001
On this date, His Excellency decreed the following:
Having regard to:
The provisions of article 24 and article 32, paragraph 8, of the Political Constitution of the Republic,
Considering:
1.
The expediency of developing and increasing knowledge in the field of space sciences and the
appreciable benefit to be derived from the application of space technology to various areas of national
activity;
2.
The firm intention of the Government of Chile to accord the highest priority to the development of
space policy and its applications to the country’s economic and social development;
3.
The conclusion of the work entrusted to the Outer Space Committee of the Ministry of National
Defence pursuant to Supreme Decree No. 1068 of 1980 and Supreme Decree No. 160 of 1995, both
issued by the aforementioned Ministry;
4.
The need to have our country’s views reflected in international space organizations and to obtain the
benefits of international cooperation in the field of outer space;
5.
The desire of the Government of Chile to demonstrate to the international community that it
advocates the use of outer space for peaceful purposes and, in this regards, wishes to adopt a
consistent approach that reflects our country’s position;
6.
The need to involve the various sectors interested in space development, be they governmental, civil,
military, academic or economic, in the discussion and elaboration of national policies, projects,
programmes and other initiatives for this purpose;
7.
The urgent need for one institution to represent all of the aforementioned sectors which, with the
participation and consideration of all relevant interests, will cooperate with the President of the
Republic in this field and serve as coordinating centre for the various administrative organizations
working in this field.
Decree
Article 1.
A Presidential Advisory Committee known as the Chilean Space Agency shall be established to provide
advice in all matters concerning the identification, formulation and implementation of policies, plans,
programmes, measures and other activities relating to space, and to serve as coordinating centre government
organizations involved in this field.
128
Article 2.
In order to perform its function of advising the President of the Republic in such matters, the Committee
shall in particular:
(a)
Propose the national space policy and the measures, plans and programmes required for its execution
or implementation;
(b)
Serve as coordinating centre for the application of the national space policy and the implementation
of the relevant programmes, plans and measures;
(c)
Serve as coordinating centre for government organizations involved in space activities at the national
and international levels;
(d)
Advise the President of the Republic with a view to ensuring that Chile’s foreign policy in the field of
outer space affairs reflects national space policy and, to this end, foster coordination between the
Ministry of Foreign Affairs and the other ministries and bodies represented in the Chilean Space
Agency and make the appropriate recommendations;
(e)
Promote and propose the conclusion of international agreements with a view to gaining access to and
channelling international scientific, technological and economic cooperation in the field of space
activities;
(f)
Promote and propose the conclusion of agreements or other instruments which encourage public and
private investment in space development;
(g)
Propose criteria for allocating national resources, or resources obtained in the context of international
cooperation, for space development;
(h)
Provide advice on the formulation of national plans and programmes to study, develop and utilize the
full potential of space technology;
(i)
Propose campaigns to promote space activities and the use of outer space for peaceful purposes,
encouraging scientific, technological and academic interaction and the teaching and study of, and
dissemination of information on, space activities;
(j)
Maintain systematic and updated information on space activities taking place at the national and
international levels;
(k)
Identify and propose tools and resources offered by space technology in the fields of environmental
protection or conservation and control of international drug trafficking, providing assistance in these
fields to the National Environment Commission and the National Drug Control Commission;
(l)
Study national legislation on outer space affairs and propose relevant improvements or reforms at the
institutional and operational level. In particular, the Committee should draft and put forward a bill on
the establishment of a standing institutional framework for the development of space activities.
Article 3.
The Agency shall be composed of the following members:
(a)
Under-Secretary of Aviation, who shall service as Chairman;
(b)
Under-Secretary for Foreign Affairs;
(c)
Under-Secretary-General of the Presidency;
(d)
Under-Secretary of Education;
(e)
Under-Secretary of Telecommunications;
(f)
Chairman of the National Commission for Scientific and Technological Research, who shall serve as
Executive Secretary;
(g)
Director of Space Policy of the Ministry of Foreign Affairs;
(h)
Chief of Staff of National Defence;
(i)
A representative of the Chilean Air Force;
(j)
Executive Secretary of the Council of Rectors of Chilean Universities;
(k)
Two scientists with experience in space science and technology, appointed by the Academy of
Sciences;
(l)
Two representatives of the business world, appointed by the Confederation of Industry and
Commerce.
Without prejudice to the foregoing, the Committee may invite other government officials and representatives
of the private sector to participate if it deems that such participation would be advantageous to its work.
129
Article 4.
The Chilean Space Agency shall be managed by its Chairman, who shall have the competence required to
carry out the Committee’s tasks.
The Agency shall also have an Executive Secretary, who shall assist the Chairman of the Committee in his
work, carry out the tasks delegated to him by the Chairman and serve as coordinator between the Agency
and government bodies.
The Chairman of the National Commission for Scientific and Technological Research shall serve as
Executive Secretary of the Agency.
A technical advisory committee composed of five members appointed with the agreement of the Agency
shall assist the latter in its work.
Article 5.
Although the Chilean Space Agency, as the advisory body to the President of the Republic, shall be attached
directly to his office, the technical and administrative support required for the Agency’s operation shall be
provided by the Ministry of National Defence through the Office of the Under-Secretary of Aviation.
Article 6.
The members of the Agency and its technical advisory committee shall perform their functions without
remuneration.
Article 7.
The Agency shall establish its rules of procedure at its founding meeting and shall, at the same time appoint
alternates for each of its members.
Article 8
The Agency shall periodically inform the President of the Republic of the progress of its work and shall also
submit relevant proposals.
Article 9.
Government bodies and officials shall, within the scope of their respective competence and authority,
provide the assistance required by the Agency to carry out its mandate.
Article 10
Supreme Decree No. 1068 of 1980 and Supreme Decree No. 160 of 1995, both issued by the Ministry of
National Defence, are repealed.
To be recorded, promulgated and published.
SIGNATURES
[…]
130
CHINA
CHINA'S SPACE ACTIVITIES (White Paper)
China's Space Activities (White Paper)
The State Council Information Office, P.R.C.
November, 2000 Beijing
CNSA
2003-12-15
Introduction
The scope of mankind's activities has experienced expansion from land to ocean, from ocean to atmosphere,
and from atmosphere to outer space. Space technology, which emerged in the 1950s, opened up a new of
man’s exploration of outer space.
Having developed rapidly for about half a century, mankind's space activities have scored remarkable
achievements, greatly promoted the development of social productivity and progress, and produced profound
and far-reaching effects. Space technology has turned out to be one field of high technology that exerts the
most profound influence on modern society. The continuous development and application of space
technology has become an important endeavor in the modernization drive of countries all over the world.
The Chinese nation created a glorious civilization in the early stage of mankind's history. The gunpowder
"rocket" invented by ancient Chinese was the embryo of modern space rockets. After the People's Republic
of China was founded in 1949, China carried out space activities on its own, and succeeded in developing
and launching its first man-made satellite in 1970. China has made eye-catching achievements, and now
ranks among the world's most advanced countries in some important fields of space technology. In the 21st
century, China will continue to promote the development of its space industry in the light of its national
situation, and make due contributions to the peaceful use of outer space, and to the civilization and progress
of mankind.
At the turn of the century, it is of significance to give a brief introduction to the aims and principles, present
situation, future development and international cooperation concerning China's space activities.
Article 1.
Aims and Principles
The Chinese government has all along regarded the space industry as an integral part of the state's
comprehensive development strategy, and upheld that the exploration and utilization of outer space should
be for peaceful purposes and benefit the whole of mankind. As a developing country, China's fundamental
tasks are developing its economy and continuously pushing forward its modernization drive. The aims and
principles of China's space activities are determined by their important status and function in protecting
China’s national interests and implementing the state's development strategy.
The aims of China's space activities are: to explore outer space, and learn more about the cosmos and the
Earth; to utilize outer space for peaceful purposes, promote mankind's civilization and social progress, and
benefit the whole of mankind; and to meet the growing demands of economic construction, national security,
science and technology development and social progress, protect China's national interests and build up the
comprehensive national strength.
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China carries out its space activities in accordance with the following principles:
(a)
(b)
(c)
(d)
(e)
Adhering to the principle of long-term, stable and sustainable development and making the
development of space activities cater to and serve the state's comprehensive development strategy. The
Chinese government attaches great importance to the significant role of space activities in
implementing the strategy of revitalizing the country with science and education and that of sustainable
development, as well as in economic construction, national security, science and technology
development and social progress. The development of space activities is encouraged and supported by
the government as an integral part of the state’s comprehensive development strategy.
Upholding the principle of independence, self-reliance and self-renovation and actively promoting
international exchanges and cooperation. China shall rely on its own strength to tackle key problems
and make breakthroughs in space technology. Meanwhile, due attention shall be given to international
cooperation and exchanges in the field of space technology, and self-renovation in space technology
shall be combined organically with technology import on the principles of mutual benefit and
reciprocity.
Selecting a limited number of targets and making breakthroughs in key areas according to the national
situation and strength. China carries out its space activities for the purpose of satisfying the
fundamental demands of its modernization drive. A limited number of projects that are of vital
significance to the national economy and social development are selected so as to concentrate strength
to tackle major difficulties and achieve breakthroughs in key fields.
Enhancing the social and economic returns of space activities and paying attention to the motivation of
technological progress. China strives to explore a more economical and efficient development road for
its space activities so as to achieve the integration of technological advance and economic rationality.
Sticking to integrated planning, combination of long-term development and short-term development,
combination of spacecraft and ground equipment, and coordinated development. The Chinese
government develops space technology, application and science through integrated planning and
rational arrangement in the aim of promoting the comprehensive and coordinated development of
China’s space activities.
Article 2.
Present situation
Since its birth in 1956, China's space program has gone through several important stages of development:
arduous pioneering, overall development in all related fields, reform and revitalization, and international
cooperation. Now it has reached a considerable scale and level. A comprehensive system of research, design,
production and testing has been formed. Space centers capable of launching satellites of various types and
manned spacecraft as well as a TT&C (Telemetry Tracking and Command) network consisting of ground
stations across the country and tracking and telemetry ships are in place. A number of satellite application
systems have been established and have yielded remarkable social and economic benefits. A space science
research system of a fairly high level has been set up and many innovative achievements have been made.
And a contingent of qualified space scientists and technicians has come to the fore.
China's space industry was developed on the basis of weak infrastructure industries and a relatively
backward scientific and technological level, under special national and historical conditions. In the process
of carrying out space activities independently, China has opened a road of development unique to its national
situation and scored a series of important achievements with relatively small input and within a relatively
short span of time. Now, China ranks among the most advanced countries in the world in many important
technological fields, such as satellite recovery, multi-satellite launch with a single rocket, rockets with
cryogenic fuel, strap-on rockets, launch of geo-stationary satellites and TT&C. Significant achievements
have also been gained in the development and application of remote-sensing satellites and
telecommunications satellites, and in manned spacecraft testing and space micro-gravity experiments.
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Space Technology
1.
Man-made Satellites: China's first man-made satellite, the "Dongfanghong-I" was successfully
developed and launched on April 24, 1970, making China the fifth country in the world with such
capability. By October 2000, China had developed and launched 47 satellites of various types, with a
flight success rate of over 90%. Altogether, four satellite series have been initially developed in
China, namely, recoverable remote-sensing satellites, "DFH (Dongfanghong)" telecommunications
satellites, "FY (Fengyun)" meteorological satellites and "SJ (Shijian)" scientific research and
technological experiment satellites. The "ZY (Ziyuan)" earth resource satellite series will come into
being soon. China is the 3rd country in the world to have mastered the technology of satellite
recovery, with the success rate reaching the advanced international level, and the 5th country capable
of developing and launching geo-stationary telecommunications satellites independently. The major
technological index of China's meteorological and earth resource satellites has reached the
international level of the early 1990s. The six telecommunications, earth resources and
meteorological satellites developed and launched by China in the past few years are in stable
operation, and have generated remarkable social and economic returns.
2.
Launching Vehicles: China has independently developed the "Long-March" rocket group,
containing 12 types of launching vehicles capable of launching satellites to near-earth, geo-stationary
and sun-synchronous orbits. The largest launching capacity of the "Long-March" rockets has reached
9,200 kg for near-earth orbit, and 5,100 kg for geo-stationary transfer orbit, able to basically meet the
demands of customers of all kinds. Since 1985, when the Chinese government announced to put the
"Long-March" rockets into the international commercial launching market, China has launched 27
foreign-made satellites into space, thus acquiring a share of the international commercial launching
market. Up to now, the "Long-March" rockets have accomplished 63 launches, and made 21
consecutive successful flights from October 1996 to October 2000.
3.
Launching Sites: China has set up three launching sites - in Jiuquan, Xichang and Taiyuan - which
have successfully accomplished various kinds of test flights of launching vehicles and launches of a
variety of satellites and experimental spacecraft. China's spacecraft launching sites are capable of
making both domestic satellite launches and international commercial launches, and carrying out
international space cooperation in other fields.
4.
TT&C: China has established an integrated TT&C network comprising TT&C ground stations and
ships, which has successfully accomplished TT&C missions for near-earth orbit and geo-stationary
orbit satellites, and experimental spacecraft. This network has acquired the capability of sharing
TT&C resources with international network, and its technology has reached the international
advanced level.
5.
Manned Spaceflight: Initiating its manned spaceflight program in 1992, China has developed a
manned spacecraft and high-reliability launching vehicle, carried out engineering studies in aerospace
medicine and aerospace life science, selected reserve astronauts and developed equipment for
aerospace remote-sensing and aerospace scientific experiments. China's first unmanned experimental
spacecraft - "Shenzhou"- was successfully launched and recovered November 20-21, 1999,
symbolizing a breakthrough in the basic technologies of manned spacecraft and a significant step
forward in the field of manned spaceflight.
Space Applications
China attaches importance to developing all kinds of application satellites and satellite application
technology, and has made great progress in satellite remote-sensing, satellite telecom and satellite
navigation. Remote-sensing and telecommunications satellites account for about 71% of the total number of
satellites developed and launched by China. These satellites have been widely utilized in all aspects of
economy, science and technology, culture, and national defense, and yielded remarkable social and
economic returns. Related departments of the state have also made active use of foreign application satellites
for application technology studies, with satisfactory results.
1.
Satellite Remote-Sensing: China began to use domestic and foreign remote-sensing satellites in the
early 1970s, and eventually carried out studies, development and promotion of satellite remotesensing application technology, which has been widely applied in meteorology, mining, surveying,
agriculture, forestry, water conservancy, oceanography, seismology and urban planning. To date,
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2.
3.
China has established the National Remote-Sensing Center, National Satellite Meteorology Center,
China Resources Satellite Application Center, Satellite Oceanic Application Center and China
Remote-Sensing Satellite Ground Station, as well as satellite remote-sensing application institutes
under related ministries of the State Council, some provinces and municipalities and the Chinese
Academy of Sciences. These institutions have made use of both domestic and foreign remote-sensing
satellites to carry out application studies in weather forecasting, territorial survey, agricultural output
assessment, forest survey, natural disaster monitoring, maritime forecasting, urban planning and
mapping. The regular operation of the meteorological satellite ground application system, in
particular, has greatly improved the accuracy of forecasting disastrous weather and significantly
reduced the economic losses of the state and people from such weather.
Satellite Telecommunications: In the mid-1980s, China began to utilize domestic and foreign
telecommunications satellites, and developed related technology to meet the increasing demands of
the development of telecommunications, broadcasting and education. In the field of fixed telecom
service, China has built scores of large and medium-sized satellite telecom earth stations, with more
than 27,000 international satellite telephone channels connected to more than 180 countries and
regions worldwide. The establishment of the domestic satellite public communication network, with
more than 70,000 satellite telephone channels, has initially solved the problem of communication in
remote areas. The VSAT (Very Small Aperture Terminal) communication service has developed very
rapidly in recent years. There are now in the country 30 domestic VSAT communication service
providers and 15,000 small station users, including over 6,300 two-way users. More than 80
specialized communication networks for dozens of departments like finance, meteorology,
transportation, oil, water resources, civil aviation, power, public health and the media have been built,
with over 10,000 VSAT. A satellite TV broadcasting system covering the whole world and a satellite
TV education system covering the whole country have been established. China started to use satellites
for TV broadcasting in 1985, and has formed a satellite transmission network with 33
telecommunications satellite transponders responsible for transmitting 47 TV programs and
educational TV programs of CCTV (China Central Television) and local TV stations throughout the
country, 32 programs of the Central Broadcasting Station domestically and abroad, and about 40 local
broadcasting programs. Ever since the opening of satellite education TV broadcasting programs over
a dozen years ago, more than 30 million people have got college or technical secondary school
education and training through it. China has also set up a satellite direct broadcasting experimental
platform to transmit CCTV and local satellite TV programs by digital compression to the vast rural
areas which wireless TV broadcasting cannot cover. In this way, China's TV broadcasting coverage
has been greatly increased. China has about 189,000 satellite TV broadcasting receiving stations. The
China broadband multi-media education satellite transmission network has also been established on
the satellite direct broadcasting experimental platform to provide comprehensive remote education
and information technology services.
Satellite Navigation: In the early 1980s, China began to utilize other countries' navigation satellites
and develop the application technology of satellite navigation and positioning, which is now widely
used in many fields including land survey, ship navigation, aircraft navigation, earthquake
monitoring, geological calamity monitoring, forest fire prevention and control, and urban traffic
control. After joining the COSPAS-SARSAT in 1992, China established the Chinese Mission Control
Center, thus greatly improving the capability of the emergency alarm service for ships, aircraft and
vehicles.
Space Science
China started to explore the upper atmosphere using rockets and balloons in the early 1960s. In the early
1970s, China began to utilize the scientific exploration and technological testing satellites of the "SJ" group
in a series of space explorations and studies, and acquired a large amount of valuable data about the space
environment. Research on space weather forecasting and related international cooperation have also been
carried out in recent years. In the late 1980s, recoverable remote-sensing satellites were employed for
various kinds of aerospace scientific experiments, and have yielded satisfactory achievements in crystal and
protein growth, cell cultivation and crop breeding. Innovative achievements have been scored in the study of
basic theory of space science. The establishment of advanced and open state-level laboratories specializing
in space physics, micro-gravity and space life science, and the founding of the Space Payload Application
Center provide the country with the basic ability to support aerospace scientific experiments. The "SJ" group
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has been used in recent years to detect charged particles in terrestrial space and their effects. In addition, the
first micro-gravity space experiment on double-layer fluid was accomplished, in which remote operation of
space experiments was realized.
With the establishment and improvement of China's socialist market economic mechanism, the state guides
the development of space activities through macro-control, makes overall plans for the development of space
technology, space application and space science, promotes the R&D and system integration of important
space technologies and the application of space science and technology in the fields of economy, science and
technology, culture, and national defense. The state has also carried out reforms in the space science and
technology industry to achieve sustainable development of the space industry. The state has strengthened
legislation work and policy management, enacted laws and regulations and promulgated industrial policies
for the space industry to ensure orderly and standardized development of space activities. Research
institutions, industrial enterprises, commercial enterprises and institutions of higher learning are encouraged
to make full use of their advantages and participate in space activities under the guidance of the state's space
policies. The state supports renovation in space technology and the establishment of a space technological
renovation system with Chinese characteristics, in the aim to improve the self-renovation capability and
industrialization of space activities. Space activities for public welfare and R&D work with commercial
prospects are also supported by the state, and the state's supervision over space activities is being
continuously strengthened. The China National Space Administration (CNSA) is China's governmental
organization responsible for the management of satellites for civilian use and inter-governmental space
cooperation with other countries.
Article 3
Future Development
The 21st century will witness vigorous development of space activities across the world. China is drafting a
space development strategy and plans oriented to the 21st century according to the actual demands and longterm target of national development to spur the growth of the space industry.
Development Targets
The short-term development targets (for the next decade) are:
1.
To build up an earth observation system for long-term stable operation. The meteorological
satellites, resource satellites, oceanic satellites and disaster monitoring satellites can develop into an
earth observation system for long-term stable operation to conduct stereoscopic observation and
dynamic monitoring of the land, atmosphere, and oceanic environments of the country, the peripheral
regions and even the whole globe;
2.
To set up an independently operated satellite broadcasting and telecommunications system. Positive
support will be given to the development of commercial broadcasting and telecommunications
satellites such as geo-stationary telecom satellites and TV direct broadcasting satellites with long
operating life, high reliability and large capacity, so as to form China's satellite telecom industry;
3.
To establish an independent satellite navigation and positioning system. This will be achieved by
setting up a navigation and positioning satellite group step by step and developing a relevant
application system, which will eventually bring into being China's satellite navigation and positioning
industry;
4.
To upgrade the overall level and capacity of China's launch vehicles. This will be achieved by
improving the performance and reliability of the "Long-March" group, developing the next
generation of launch vehicles with non-toxic, non-polluting, high-performance and low-cost qualities,
forming a new group of launch vehicles and strengthening the capability of providing international
commercial launching services;
5.
To realize manned spaceflight and establish an initially complete R&D and testing system for
manned space projects;
6.
To establish a coordinated and complete national satellite remote-sensing application system by
building various related ground application systems through overall planning, setting up a remotesensing data receiving, processing and distributing system covering the whole country for data
sharing, and forming a fairly complete application system in major application fields of satellite
remote-sensing; and
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7.
To develop space science and explore outer space by developing a scientific research and
technological experiment satellite group of the next generation, strengthening studies of space microgravity, space material science, space life science, space environment and space astronomy, and
carrying out pre-study for outer space exploration centering on the exploration of the moon.
The long-term development targets (for the next 20 years or more) are as follows:
To achieve industrialization and marketization of space technology and space applications. The
exploration and utilization of space resources shall meet a wide range of demands of economic
construction, state security, science and technology development and social progress, and contribute
to the strengthening of the comprehensive national strength;
To establish a multi-function and multi-orbit space infrastructure composed of various satellite
systems and set up a satellite ground application system that harmonizes spacecraft and ground
equipment to form an integrated ground-space network system in full, constant and long-term
operation in accordance with the overall planning of the state;
To establish China's own manned spaceflight system and carry out manned spaceflight scientific
research and technological experiments on a certain scale; and
To obtain a more important place in the world in the field of space science with more achievements
and carry out explorations and studies of outer space.
Development Concepts
China develops its space activities with the following approaches:
Accelerating the industrialization of space technology and its application. Enterprises engaged in
space science and technology are guided and encouraged to renovate institutions and technology, and
establish an operational mechanism geared toward both the domestic and international markets, so as
to speed up the industrialization of space technology and its applications step by step, with the stress
on telecom satellites and satellite telecom and launching vehicles.
Deploying space activities rationally. Space science, technology and application shall be developed
in a well-coordinated manner through overall planning. The work in these three fields will be given
differentiated importance from "preferential arrangement," "active support" and "proper
development" to "follow-up studies," so as to ensure the comprehensive and coordinated development
of China's space industry.
Strengthening pre-study and technological infrastructure construction. Efforts will be concentrated
on tackling key technological problems to grasp core technology and attain independent intellectual
property rights. At the same time, technological infrastructure construction will be strengthened in the
three aspects of space activities, and international cooperation will be broadened to sustain the
development momentum of China's space industry.
Speeding up the development of talented people in the space industry and forming advantages in
this regard. Special policies will be adopted to promote space education and train qualified personnel
to foster a contingent of young and highly qualified space scientists and engineers. Efforts will be
made to publicize space knowledge, and motivate all sectors of society to support the development of
the space industry.
Improving scientific management for better quality and benefits. Since space activities involve huge
investments, high risks, sophisticated technology and complicated systems, systems engineering and
other modern management tools shall be applied to promote scientific management, increase system
quality, lower system risks and enhance comprehensive benefits.
Article 4
International Cooperation
China persistently supports activities involving the peaceful use of outer space, and maintains that
international space cooperation shall be promoted and strengthened on the basis of equality and mutual
benefit, mutual complementarity and common development.
Guiding Principles
The Chinese government holds that international space cooperation should follow the fundamental principles
listed in the "Deceleration on International Cooperation on Exploring and Utilizing Outer Space for the
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Benefits and Interests of All Countries, Especially in Consideration of Developing Countries' Demands,"
which was approved by the 51st General Assembly of the United Nations in 1996. China adheres to the
following principles while carrying out international space cooperation:
The aim of international space cooperation is to peacefully develop and use space resources for the
benefit of all mankind.
International space cooperation should be carried out on the basis of equality and mutual benefit,
mutual complementarity and common development, and the generally accepted principles of
international law.
The priority aim of international space cooperation is to simultaneously increase the capability of
space development of all countries, particularly the developing countries, and enable all countries to
enjoy the benefits of space technology.
Necessary measures should be adopted to protect the space environment and space resources in the
course of international space cooperation.
The function of the United Nations Office of Outer Space Affairs (OOSA) should be consolidated
and the outer space application programs of the United Nations should be backed up.
Fundamental Policies
The Chinese government adopts the following policies in developing international space cooperation:
Persisting in the independence and self-reliance policy, carrying out active and pragmatic
international space cooperation to meet the needs of the national modernization drive and the
demands of the domestic and international markets for space science and technology.
Supporting multilateral international cooperation on the peaceful use of outer space within the
framework of the United Nations.
Attaching importance to the Asian-Pacific regional space cooperation and supporting space
cooperation in other regions of the world
Attaching importance to space cooperation with both developed and developing countries.
Enhancing and supporting research institutions, industrial enterprises and universities and colleges
to develop international space exchanges and cooperation in different forms and at different levels
under the guidance of relevant state policies, laws and regulations.
Important Events
China's participation in international space cooperation started in the mid-1970s. During the last two decades
or more, China has joined bilateral, regional, multilateral and international space cooperation in different
forms, such as commercial launching service, which have yielded extensive achievements.
1. Bilateral Cooperation: Since 1985, China has successively signed inter-governmental or inter-agency
cooperative agreements, protocols or memorandums, and established long-term cooperative relations with a
dozen countries, including the United States, Italy, Germany, Britain, France, Japan, Sweden, Argentina,
Brazil, Russia, Ukraine and Chile. Bilateral space cooperation is implemented in various forms, from
making reciprocal space programs and exchanges of scholars and specialists, and sponsoring symposiums, to
jointly developing satellite or satellite parts, and providing satellite piggyback service and commercial
launching service.
In 1993, a Sino-German joint venture - EurasSpace GmbH - was established, and a contract on the
development and manufacture of Sinosat-1 was signed with DASA and Aerospeciale in 1995. Sinosat-1,
which was successfully launched in 1998, was the first cooperative project on satellite development between
the Chinese and European aerospace industries.
The collaboration between China and Brazil on the project of an earth resources satellite is making good
progress, and the first such satellite was successfully launched by China on October 14, 1999. In addition to
cooperation on complete satellites, China and Brazil are cooperating in the areas of satellite technology,
satellite application and satellite components. The cooperation between China and Brazil in the space sector
has set a good example for the developing countries in "South-South Cooperation" in the high-tech field.
2. Regional Cooperation: China attaches great importance to space cooperation in the Asia-Pacific region. In
1992, China, Thailand, Pakistan and some other countries jointly sponsored the "Asian-Pacific Multilateral
Space Technology Cooperation Symposium." Thanks to the impetus of such regional cooperation, the
governments of China, Iran, the Republic of Korea, Mongolia, Pakistan and Thailand signed the
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"Memorandum of Understanding on Cooperation in Small Multi-Mission Satellite and Related Activities" in
Thailand in April 1998. Besides the signatory countries, other countries in the Asia-Pacific region may also
join the cooperative project, which has helped to enhance the progress of space technology and space
application in the Asia-Pacific region.
3. Multilateral Cooperation: In June 1980, China dispatched an observer delegation to the 23rd Meeting of
UN COPUOS for the first time, and on November 3, 1980, China became a member country of the
committee. Since then, China has participated in all the meetings of UN COPUOS and the annual meetings
held by its Science, Technology and Law Sub-committee. In 1983 and 1988, China acceded to the "Treaty
on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the
Moon and Other Celestial Bodies," "Agreement on the Rescue of Astronauts, the Return of Astronauts and
the Return of Objects Launched into Outer Space," "Convention on International Liability for Damage
Caused by Space Objects," and "Convention on Registration of Objects Launched into Outer Space," and has
strictly performed its responsibilities and obligations.
China supports and has participated in the UN space applications program. Since 1988, China has provided
other developing countries every year with scholarships for long-term space technology training. In 1994,
together with ESCAP, China hosted in Beijing the first Asian-Pacific regional "Ministerial Conference on
Space Applications for Sustainable Development in Asia and the Pacific," and the "Beijing Declaration"
issued after the conference has had a far-reaching influence. In September 1999, in collaboration with the
UN and ESA, the Chinese government held in Beijing the "Symposium on Promoting Sustainable
Agricultural Development with Space Applications." From July to August 2000, together with the OOSA of
the UN and ESCAP, relevant departments of the Chinese government opened the Short-term Training
Course for Asia-Pacific Multilateral Cooperation in Space Technology and Applications. Trainees from ten
developing countries in the Asia-Pacific region attended the course.
The issue of space debris is a big challenge to further expansion of space activities. The relevant departments
in China pay great attention to the problem, and have carried out research on this issue with related countries
since the beginning of the 1980s. In June 1995, CNSA acceded to the Inter-Agency Space Debris
Coordination Committee. China will continuously make efforts to explore, together with other countries,
ways and means to mitigate and reduce space debris, and promote international cooperation on this issue.
In addition, China has participated in multilateral cooperative projects, such as "Committee on Earth
Observation Satellites," "World Weather Monitoring," "UN Decade of Disaster Mitigation," and
"International Solar-Terrestrial Physics."
4. Commercial Launching Service: Ever since the Chinese government made the declaration in 1985 that
China's "Long March" launching vehicles would serve the international market and provide international
satellite launching service, up to October 2000, China had successfully launched 27 foreign-made satellites
for users in Pakistan, Australia, Sweden, the United States, the Philippines, as well as domestic users. The
service of "Long March" launching vehicles in the international satellite launching market is a beneficial
supplement to international commercial satellite launching services, and it has provided foreign clients with
new options.
Priority Cooperation Areas
The Chinese government will continuously render support to international exchanges and cooperation in
space technology, space applications and space science, with priority being given to cooperation in the
following areas:
Actively enhancing multilateral cooperation in space technology and applications in the AsianPacific region, and promoting regional economic growth and environmental and natural calamity
monitoring with space technology.
Supporting Chinese space enterprises to participate in international space commercial launching
services in line with the principles of equality, equity and reciprocity.
Giving support to using China's mature space technology and space application technology to carry
out cooperation with other developing countries and provide services to cooperating countries on the
basis of mutual benefit.
Supporting international exchanges and cooperation in earth environment monitoring, space
environmental exploration, and studies of micro-gravity science, space physics and space astronomy,
138
particularly international exchanges and cooperation in micro-gravity fluid physics, space materials
science, space life science and space biology.
External Link: http://www.cnsa.gov.cn/english/spacye_policy/more.asp
FRANCE
LAW No. 61-1382 (20/12/1961) Statute of the Centre National d'Etudes Spatiales.
External Link: http://fraise.univ-brest.fr/~kerrest/IDEI/loi-1961-cnes.pdf
[Text in French]
DECREE No. 62-153, Regulations Relating to the CNES
External Link: http://fraise.univ-brest.fr/~kerrest/IDEI/espace-decret-62.pdf
[Text in French]
DECREE No. 89-508 of 19/07/1989 & Decree 90-1102 of 11/12/1990 , concerning the
Space Committee
External Link: http://fraise.univ-brest.fr/~kerrest/IDEI/espace-decret-89.pdf
http://fraise.univ-brest.fr/~kerrest/IDEI/espace-Decret-90.pdf
[Text in French]
GERMANY
LAW governing the transfer of responsibilities for space activities
Raumfahrtaufgabenübertragungsgesetz - RAUG 22 August 1998
External Link: http://www.oosa.unvienna.org/SpaceLaw/national/germany/raueg_1998G.html
[Text in German]
139
ITALY
Law No. 23, 25 January 1983 (in the Official Gazette 35, 5 February, 1983) for the
implementation of the Convention on International Liability for Damage caused by
Space Objects, signed in London, Moscow and Washington March 29, 1972.
[UNOFFICIAL TRANSLATION]
Art. 1
The present law applies in cases of damage caused by space objects launched by foreign States which are
party to the Convention on International Liability for Damage caused by Space Objects, signed in London,
Moscow and Washington 29 March 1972, and which will be referred to as the Convention in the following
provisions. For the purposes of the present law the definitions contained in Article 1 of the Convention
apply.
Art. 2
Italian persons, natural and juridical, can obtain compensation from the Italian State for the damage
indicated in Article 1 to the extent, which the Italian State has requested and obtained, in accordance with
Article VIII, n. 1 of the Convention, compensation from the launching State for damage caused to them.
In the case that the Italian State has not presented a request under Article VIII, n.1, of the Convention, it has
an obligation to compensate those persons indicated in the first clause for damage suffered, as long as the
State on whose territory the damage occurred or the State in which the aforementioned persons are
permanent residents have not requested and obtained compensation for the same damage from the launching
State in accordance with respectively Article VIII, n. 2 or n. 3 of the Convention.
Natural and juridical persons can obtain from the Italian State compensation for damage stated in Article 1
when and in the measure which the Italian State requested and obtained the compensation for said damage
from the launching State following Article VIII, n. 2 or n. 3, of the Convention.
Art. 3
The Italian State has the obligation to compensate natural and juridical Italians for the damage indicated in
Article 1 even when it has formulated a request under Article VIII, n. 1 of the Convention but that request
remains unsatisfied.
Art. 4
Persons may, under Article 2, request compensation for damage from the Italian State within five years
following the date on which the damage occurred or of the date on which the effects of that damage are
exhausted.
Art. 5
The responsibility of the Italian State towards those persons indicated in Articles 2 and 3 for the damage
indicated in Article 1 is absolute in nature and does not admit exoneration. In the cases provided in Article 2,
clause 2 and in Article 3 the level of compensation is established in accordance with Articles 2056, 1223,
and 1226 of the Civil Code and the victim may request restitution under the terms of Article 2058 of the
Civil Code.
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Art. 6
The provisions of the preceding Articles are not applicable in the case that the persons damaged by a space
object have made direct representation to the courts or administrative bodies of a launching State seeking
compensation for damage caused by a space object.
MINISTERIAL DECREE of 1 August 2002, prot. n. 1172 / Ric/2002, on the approval
of the National Space Plan 2003-2005
External Link: http://gazzette.comune.jesi.an.it/2002/255/7.htm
[Text in Italian]
LEGISLATIVE DECREE No. 128 (4/06/2003) on the restructuring of ASI
External Link: http://gazzette.comune.jesi.an.it/2003/129/2.htm
[Text in Italian]
LAW No. 153 of 12 July 2005, on “Adesione della Repubblica italiana alla
Convenzione sull’immatricolazione degli oggetti lanciati nello spazio extraatmosferico, fatta a New York il 14 gennaio 1975 e sua esecuzione” pubblicata nella
Gazzetta Ufficiale n. 177 del 1° agosto 2005
[“Adhesion of the Government of the Italian Republic to the Convention on Registration of Object
Launched into Outer Space”, signed in New York in 1974 and its execution”]
External Link: http://gazzette.comune.jesi.an.it/2005/177/1.htm
141
[Text in Italian]
JAPAN
LAW No. 161 of 13th December 2002 concerning Japan Aerospace Exploration
Agency
[PROVISIONAL UNOFFICIAL TRANSLATION]
This document entitled “Law concerning Japan Aerospace Exploration Agency” was prepared
as a provisional unofficial translation of the original Japanese law by the Japan Aerospace
Exploration Agency, an Independent Administrative Organization established by the
Government of Japan. As such, this document may be subject to correction and amendment as
necessary, and should not be treated in any way as an authorized translation of the original
Japanese law in force in Japan.
CHAPTER 1. GENERAL PROVISIONS
Article 1.
Purpose
The purpose of this Law is to establish the name, purpose and scope of activities and others of Japan
Aerospace Exploration Agency.
Article 2.
Definitions
1.
The term “Space Science”, used in this Law, means scientific principles and its applications of space
science and engineering.
2.
The term “Fundamental Research & Development”, used in this Law, means research and
development that fall within any of the following items:
(1)
Common research and development concerning science and technology;
(2)
Research and development concerning science and technology requiring facilities and
equipment that are deemed, due to excessive cost, not appropriate to be installed redundantly at
national experimental research institutes or independent administrative organizations (which means
the independent administrative organization as stipulated in Article 2, Paragraph 1 of the Independent
Administrative Organization General Provisions Law (Law No. 103 of 1999, as amended; hereinafter
referred to as the “General Provisions Law”); hereinafter the same) conducting research and
development;
(3)
Integrated research and development concerning science and technology requiring the
collaboration of multiple areas.
3.
The term “Satellites”, used in this Law, means satellites (including flying objects to be launched
beyond Earth orbit and artificial objects to be placed on celestial bodies) and rockets for their launch
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Article 3.
Name
The independent administrative organization to be established pursuant to this Law and the General
Provisions Law shall be called Japan Aerospace Exploration Agency.
Article 4.
Objectives of the Agency
The purposes of Japan Aerospace Exploration Agency (hereinafter referred to as the “Agency”) are to
facilitate the development of academic research at universities or other institutes, the enhancement of the
level of space science and technology (which means space-related science and technology; hereinafter the
same) and aeronautics science and technology, and the promotion of space development and utilization, by
conducting academic research concerning Space Science in collaboration with universities or otherwise,
basic research in space science and technology and Fundamental Research and Development concerning
space, and the development, launch, tracking and operation of Satellites and activities relating thereto, only
for peaceful purposes, in an integrated and programmatic manner; and to conduct basic research on
aeronautical science and technology, Fundamental Research and Development on aeronautics, and activities
relating thereto, in an integrated manner.
Article 5.
Offices
The Agency shall have its main office in Tokyo.
Article 6.
Capital
1.
The capital of the Agency shall consist of the total sum of the amounts that is deemed to have been
contributed by the Government and other non-governmental entities under the provisions of
Paragraph 1, and Paragraph 3 through 5 of Article 11 of the Supplemental Provisions.
2.
The Agency, whenever necessary, may increase its capital with the permission of the competent
Ministers.
3.
When the Agency is to increase its capital under the provisions of the preceding Paragraph, the
Government may, within the scope of the amount to be determined under the budget, make capital
contributions to the Agency.
4.
The Government, when making capital contributions to the Agency, may use land, buildings and
other fixtures on land (hereinafter referred to as "Land" in the next Paragraph) for the purpose of
making its contribution.
5.
The value of the Land which are to be contributed under the provisions of the preceding Paragraph
shall be the values that are appraised by the Appraisal Committee on the basis of the market value
prevailing as of the date of the capital contribution.
6.
Members of the Appraisal Committee and other necessary matters concerning the appraisal referred
to in the preceding Paragraph shall be stipulated by a Cabinet Order.
Article 7.
Investment Bonds
1.
The Agency shall issue investment bonds for capital contributions.
2.
The investment bonds shall be issued in non-bearer form.
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3.
The necessary matters concerning the investment bonds other than those, which are stipulated in the
preceding Paragraphs shall be prescribed by a Cabinet Order.
Article 8.
Prohibition of Refunding of Holdings
1.
The Agency shall not be able to refund to the contributors their holdings.
2.
The Agency shall be able neither to acquire holdings of the contributors nor receive the same for the
purposes of establishing the right of pledge.
CHAPTER 2. EXECUTIVES AND EMPLOYEES
Article 9.
Executives
1.
The Agency shall have one President who heads it, and two General Auditors, as its executives.
2.
The Agency may have one Vice President and not more than seven Executive Directors, as its
executives.
Article 10.
Duties and Functional Powers of the Vice President and Executive Directors
1.
The Vice President shall, as defined by the President, represent the Agency, assist the President and
manage the activities of the Agency.
2.
The Executive Directors shall, as defined by the President, assist the President (or in the event that the
Vice President is appointed, the President and the Vice President) and manage the activities of the
Agency.
3.
"The executive set forth in the Respective Law", as set forth in Article 19, Paragraph 2 of the General
Provisions Law, shall be the Vice President. However, in the event that no Vice President has been
appointed while Executive Director(s) has been appointed, then an Executive Director shall act as the
corresponding executive and in the event that neither the Vice President nor Executive Directors have
been appointed, then a General Auditor shall act as the corresponding executive.
In the case of the proviso of the proceeding Paragraph, a General Auditor, who acts on behalf of the
President or carries out the duties of the President pursuant to Article 19, Paragraph 2 of the General
Provisions Law, shall not perform his/her duties as the General Auditor for such period.
4.
Article 11.
Consent of the Space Activities Commission to the Appointment of Executives
1.
The Minister of Education, Culture, Sports, Science and Technology shall obtain the consent of the
Space Activities Commission in advance, when appointing a President of the Agency pursuant to the
provision of Article 20, Paragraph 1 of the General Provisions Law.
2.
The Minister of Education, Culture, Sports, Science and Technology shall obtain the opinion of the
Space Activities Commission in advance, when appointing a General Auditor of the Agency pursuant
to the provision of Article 20, Paragraph 2 of the General Provisions Law.
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Article 12.
Term of Office of Executives
1.
The term of office of the President shall commence on the date of his/her appointment and expire at
the final day of the Agency’s medium-term goal period, including the date of his/her appointment,
which is set forth in Article 29, Paragraph 2, Item (1) of the General Provisions Law (hereinafter
referred to as the “Medium-Term Goal Period”).
2.
In the event that the Medium-Term Goal Period is changed when the Medium-Term Goal, as set forth
in Article 29, Paragraph 1 of the General Provisions Law (hereinafter referred to as the “MediumTerm Goal”), is changed in accordance with the latter part of that Paragraph, the term of office of the
President shall expire at the end of the Medium-Term Goal Period so changed.
3.
The terms of office of the Vice President and the Executive Directors shall be defined by the
President, provided that the terms of those appointments shall expire on the day prior to the day on
which the term of office of the President expires.
4.
In the event the term of office of the President is changed pursuant to Paragraph 2, and the original
terms of office of the Vice President or the Executive Directors is to expire after the day on which the
term of office of the President expires, the term of office of the Vice President or the Executive
Directors shall expire on the day on which the term of office of the President so changed expires.
5.
The term of office of the General Auditors shall be two (2) years.
Article 13.
Special Exceptions to the Provision Regarding the Disqualification of Executives
Notwithstanding the provision of Article 22 of the General Provisions Law, public education officials who
are designated by a Cabinet Order (excluding any person falling under either of the paragraphs of the
following Article) may serve as part-time Executive Directors or General Auditors.
Article 14.
Other than those persons designated in Article 22 of the General Provisions Law, any person falling under
either of the following Items shall not serve as an executive of the Agency:
1.
2.
Any person engaged in the business of manufacturing or selling goods or contracting
construction, and have close interests with the Agency in business deals or, if such persons are
judicial persons, their executives (including those who have authority or controlling power
which is equivalent to or higher than that of such executives, regardless of their title).or
Any executives of a business organization referred to in the preceding Item (including those
who have authority or controlling power which is equivalent to or higher than that of such
executives, regardless of their title).
Article 15.
1.
For the purposes of the operation of Article 23, Paragraph 1 of the General Provisions Law relating to
the dismissal of the President and the Vice President of the Agency, the reference to "the preceding
Article” in that Paragraph shall be read as "the preceding Article and Article 14 of the Law
concerning Japan Aerospace Exploration Agency.”
2.
For the purposes of the operation of Article 23, Paragraph 1 of the General Provisions Law relating to
the dismissal of the Executive Directors and General Auditors of the Agency, the reference to "the
preceding Article” in that Paragraph shall be read as "the preceding Article and Articles 13 and 14 of
the Law concerning Japan Aerospace Exploration Agency.”
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Article 16.
Confidentiality Duty of Executives and Employees
The executives and employees of the Agency shall not divulge any confidential information obtained in the
course of the performance of their duties. The same confidentiality obligation shall apply after they retire
from the Agency.
Article 17.
Status of Executives and Employees
The executives and employees of the Agency shall be regarded as officials engaged in public services by law
for the purposes of the application of the Criminal Code (Law No. 45 of 1907, as amended) and other penal
regulations.
CHAPTER 3: OPERATIONS
Article 18.
Scope of Activities
1.
In order to achieve the objectives referred to in Article 4, the Agency shall conduct the following
activities:
(1)
Academic research relating to space science in collaboration with universities or otherwise;
(2)
Basic research relating to space science and technology, as well as aeronautical science and
technology, and Fundamental Research and Development relating to space and aeronautics;
(3)
Development of Satellites and development of facilities and equipment necessary therefore;
(4)
Launch, tracking and operation of Satellites and development of methods, facilities and
equipment necessary therefore;
(5)
Dissemination of results of the activities referred to in each of the preceding Items, and
promotion of utilization thereof;
(6)
Provision of its facilities and equipment for the use by entities conducting academic research,
research and development relating to science and technology, and space development and utilization;
(7)
Education of researchers and engineers in space science, space science and technology, and
aeronautical science and technology, and to enhance their capabilities;
(8)
Provision, upon request by individual universities, of cooperation in education programs for
graduate school and other education at the corresponding university; and
(9)
Activities incidental to those stipulated in each of the foregoing.
2.
The Agency, in carrying out the launch of Satellites referred to in Item (4) of the preceding
Paragraph, shall comply with the guidelines which it prescribes with authorization from the
competent Ministers.
Article 19.
Long-Term Plan Relating to Space Development
The competent Ministers shall set or change the Medium-Term Goal (excluding the portions that relate to
the basic research relating to the aeronautical science and technology and Fundamental Research and
Development relating to aeronautics, and activities relating thereto) in accordance with a long-term plan for
space development which is to be stipulated by the competent Ministers after resolution by the Space
Activities Commission.
Article 20.
Respect for the Characteristics of Academic Research
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The Minister of Education, Culture, Sports, Science and Technology shall set or change the Medium-Term
Goal (limited to those portions that relate to academic research on space science and related activities), with
respect for the autonomy of researchers and consideration for other characteristics of academic research.
Article 21.
Conclusion of Insurance Contracts relating to the Launch of Satellites
1.
The Agency shall not launch any Satellites without entering into an insurance contract by which it
can secure the amounts necessary to compensate for damages incurred by others as a result of the
launch of the Satellites.
2.
The amounts secured by the insurance contracts set forth in the preceding Paragraph shall be defined
by the competent Ministers, taking into account the amount that the insurers are able to underwrite
and other relevant matters, so that those amount may be appropriate from the viewpoint of protection
of the victims.
3.
In the event that the launch of Satellites is to be performed by the Agency as a result of the
consignment (hereinafter in the following Article referred to as the “Consigned Launch”), the
insurance contract set forth in Paragraph 1 hereof may, notwithstanding the provision of said
Paragraph, be entered into by a person or entity which has consigned the launch of such Satellites
(hereinafter in the following Article referred to as the “Consignor ”) for and on behalf of the Agency.
Article 22.
Special Covenants Relating to Consigned Launches
1.
In the event that the Agency enters into an agreement with a Consignor with respect to a Consigned
Launch, the Agency may, upon approvals of the competent Ministers, enter into the following
special arrangements with respect to its liability for compensation for damages caused by the
Consigned Launch to any persons or entities other than those related to the Consigned Launch:
(1) If the Agency is held liable for compensation for damages caused by the Consigned Launch to
any persons or entities other than those related to the Consigned Launch, and the parties
related to the Consigned Launch are also liable for compensation for such damages, the
Agency shall assume the entire liabilities of those parties related to the Consigned Launch for
compensation for damages; and
(2) In the preceding Item, if such damages are caused by a willful misconduct of any of the parties
related to the Consigned Launch, the Agency shall have the right to have such parties
indemnify the expense already paid by the Agency for such damages.
2.
For the purpose of the preceding Paragraph, the “parties related to the Consigned Launch” mean the
Consignor and any person or entity designated by the Agency and the Consignor in the said special
arrangements as the persons or entities which are related to the Consigned Launch.
3.
When the Agency enters into the special arrangements set forth in Paragraph 1 hereof,
notwithstanding the provisions of Paragraphs 1 and 3 of the immediately preceding Article, the
insurance contracts set forth in Paragraph 1 of that Article shall be entered into by the Consignor for
and on behalf of the Agency.
Article 23.
Disposition of Reserve Funds
1.
If, after the Agency has made adjustment under Article 44, Paragraph 1 or 2 of the General Provisions
Law for the last fiscal year of the Medium-Term Goal Period, there still remains reserved funds as set
forth in Paragraph 1 of that Article, the Agency may allocate an amount equal to those funds that has
been approved by the competent Ministers for revenue sources for the activities set forth in Article
18, Paragraph 1, as defined in the Medium-Term Plan in the following Medium Term Goal Period,
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which is to be approved in accordance with Article 30, Paragraph 1 of the General Provisions Law
(or, if the approval for change is given pursuant to the latter part of that Paragraph, the plan so
changed).
2.
The competent Ministers shall obtain the opinion of the Evaluation Commission for Independent
Administrative Organizations of the Ministry of Education, Culture, Sports, Science and Technology
(hereinafter in this translation referred to as “MEXT”), and of the Ministry of Public Management,
Home Affairs, Posts and Telecommunications (hereinafter in this translation referred to as the
“MPHPT”) in advance, when the competent Ministers are to approve as set forth in the preceding
Paragraph.
3.
If, after the Agency deducts the amount approved, as set forth in Paragraph 1, from the amount
equivalent to the amount of the reserve funds set forth the same Paragraph, there still remains a
surplus, the Agency shall pay it back to the National Treasury.
4.
In addition to those set forth in the preceding three Paragraphs, the procedures for payment and other
matters necessary to dispose of the reserve funds shall be stipulated by a Cabinet Order.
CHAPTER. 4. MISCELLANEOUS PROVISIONS
Article 24.
Requests by the Competent Minister
1.
If the competent Ministers deem it necessary for Japan to perform in good faith any treaty or other
international promise regarding the space development and utilization, the competent Ministers may
request that the Agency take any necessary actions.
2.
Upon requests of the competent Ministers pursuant to the preceding Paragraph, the Agency shall
correspond to such requests.
Article 25.
Distribution of Remaining Assets upon Dissolution of the Agency
In the event of dissolution of the Agency, if there remain assets after the Agency has paid its obligations, the
Agency shall distribute them to each contributor within the limit of the amount of his contribution.
Article 26.
Competent Ministers
1.
The competent Ministers in charge of the Agency under this Law and the General Provisions Law
shall be as follows:
(1)
(2)
(3)
(4)
For any matters relating to executives and employees, and finances, accounting, and other
administrative management (excluding those stipulated in the following Items), the Minister of
Education, Culture, Sports, Science and Technology;
For any matters relating to the administrative management stipulated in Articles 6 and 23 of
this Law, and Articles 38, 44, and 48 (limited to those relating to important properties made
available for the activities set forth in Item (4)) of General Provision Law, the Minister of
Education, Culture, Sports, Science and Technology;
For any matters relating to the activities set forth in Article 18, Paragraph 1 (excluding those
stipulated in the following item), the Minister of Education, Culture, Sports, Science and
Technology;
For any matters relating to the activities set forth in Article 18, Paragraph 1 Items (3) and (4)
(excluding those activities for academic research on Space Science) and related activities in
Items 5 and 6 of the same Paragraph (including activities incidental thereto): the Minister of
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Education, Culture, Sports, Science and Technology, and the Minister of Public Management,
Home Affairs, Posts and Telecommunications.
2.
The Minister of Public Management, Home Affairs, Posts and Telecommunications shall, from the
viewpoint of securing appropriate and certain compliance of the activities set forth in Item (4) of the
preceding Paragraph, give permission or approval pursuant to the provision stipulated in Item (2) of
that Paragraph.
3.
MEXT shall be the competent Ministry in charge of the Agency under the General Provisions Law.
4.
The ordinances of the competent Ministry in charge of the Agency under the General Provisions Law
shall be those issued by the competent Minister; provided, however, that the ordinances of the
competent Ministers set forth in Article 50 of the General provisions Law pertaining to the activities
set forth in Paragraph 1, Item (4) shall be the ordinances of MEXT and MPHPT.
Article 27.
Hearing of Opinions of the Evaluation Commission for Independent Administrative Organizations
1.
For the purpose of application of the following provisions, references to the “Evaluation
Commission” shall be read as the “Evaluation Commission and the Evaluation Commission for
Independent Administrative Organizations of MPHPT”:
(1)
(2)
2.
Provisions of Paragraph 3 of Article 38, Paragraph 4 of Article 44 and Paragraph 2 of Article
48 of the General Provisions Law (limited to those portions that relate to important assets
made available for the activities under Paragraph 1, Item (4) of the preceding Article); and
Provisions of Paragraph 3 of Article 28, Paragraph 3 of Article 29, Paragraph 3 of Article 30
and Paragraph 2 of Article 35 of the General Provisions Law relating to the activities
stipulated in Paragraph 1, Item (4) of the preceding Article.
In the following cases, the Evaluation Committee for Independent Administrative Organizations of
MEXT shall obtain the opinions of the Evaluation Committee for Independent Administrative
Organizations of MPHPT with respect to the activities stipulated in Paragraph 1, Item (4) of the
preceding Article:
(1)
(2)
When it conduct evaluations under the provisions of Article 32, Paragraph 1 or Article 34,
Paragraph 1 of the General Provisions Law; and
When it make recommendations under the provisions of the latter part of Paragraph 3 of
Article 32 of the General Provisions Law (including the cases which are applied mutatis
mutandis under Article 34, Paragraph 3 of the General Provisions Law).
Article 28.
Consultations with the Minister of Finance
In the following cases, the competent Ministers shall have prior consultations with the Minister of Finance:
(1)
(2)
(3)
(4)
When he/she is to give authorization under the provision of Article 6, Paragraph 2 or Article
22, Paragraph 1;
When he/she is to establish a long-term plan under Article 19;
When he/she is to determine the amount to be secured under the insurance contract under the
provision of Article 21, Paragraph 2; and
When he/she is to give approvals under the provision of Article 23, Paragraph 1.
Article 29.
Special Exceptions to the Application of the National Public Service Personnel Mutual Aid Association Law
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For the purpose of application of the provisions of the National Public Service Personnel Mutual Aid
Association Law (Law No. 128 of 1958, as amended), the executives and employees of the Agency shall not
fall within those employees set forth in Article 2, Paragraph 1, Item (1) of that law. Any matters necessary
for this purpose shall be stipulated in a Cabinet Order.
CHAPTER 5: PUNISHMENTS
Article 30.
Those who have divulged any secret in breach of the provision of Article 16 shall be subject to
imprisonment for a term not exceeding one year or a fine in the amount not exceeding 500,000 yen.
Article 31.
If any of the following violations occurs, an executive of the Agency who has committed that violation shall
be subject to an administrative fine in the amount not exceeding 200,000 yen:
(i)
(ii)
(iii)
Failure to secure the authorization or approval in case the authorization or approval must be
secured from the Minister of Education, Culture, Sports, Science and Technology or the
competent Ministers under this Law ;
Conducting activities other than those set forth in Article 18, Paragraph 1; or
Launching Satellites, without entering into an insurance contract, in violation of Article 21,
Paragraph 1.
SUPPLEMENTAL PROVISIONS
Article 1.
Commencement Date
This Law shall enter into effect from the date of its promulgation; provided, however, that the provisions set
forth below shall enter into effect from each of the dates set forth thereto:
(1)
(2)
(3)
Provisions of Articles 16 through 18, 20 through 24, and 28 of the Supplemental Provisions:
October 1, 2003;
Provision of Article 25 of the Supplemental Provisions: Later date of either October 1, 2003 or
the date of promulgation of the Law concerning Protection of Personal Information Held by
Independent Administrative Organizations (Law No. of 2002);
Provision of Article 26 of the Supplemental Provisions: Date of the enforcement of the Japan
Post Law (Law No. 97 of 2002).
Article 2.
Succession of Employees
Each employee who is actually employed by any of the following organizations as of the establishment of
the Agency shall, unless a separate notice of appointment is given to him/her, become an employee of the
Agency effective as of the date of establishment of the Agency:
(1)
(2)
(3)
Institutes stipulated in Article 9-2, Paragraph 1 of the National School Establishment Law
(Law No.150 of 1949, as amended) that are designated by a Cabinet Order (hereinafter
referred to as the “Inter-university Research Institutes”);
National Aerospace Laboratory of Japan (hereinafter referred to as “NAL”); and
National Space Development Agency of Japan (hereinafter referred to as “NASDA”).
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Article 3.
For the purpose of application of the provisions of Article 82, Paragraph 2 of the National Public Service
Personnel Law (Law No. 120 of 1947, as amended) regarding officials of the Inter-university Research
Institutes and NAL who have become employees of the Agency under the provisions of the preceding
Article, the employees of the Agency shall be treated as special service national public service personnel
stipulated in that Paragraph, and loss of their status as national public service personnel pursuant to the
preceding Article shall be regarded as retiring to become special service national public service personnel
stipulated in that Paragraph upon request of the person authorized to designate them.
Article 4.
1.
In the event that employees of the Inter-university Research Institutes and NAL become employees of
the Agency pursuant to Article 2 of the Supplemental Provisions, they shall not be eligible to receive
payment of retirement allowances under the Law concerning Retirement Allowance of National
Public Service Personnel (Law No. 182 of 1953, as amended).
2.
In the event that the Agency intends to pay retirement allowances upon retirement of any of its
employees to whom the provision of the preceding article applies, the Agency shall treat the period
that the employee consistently served as the employee set forth in Article 2, Paragraph 1 of the Law
concerning Retirement Allowance of National Public Service Personnel (including those who are
deemed as such under the provision of Paragraph 2 of that Article) as the period of service as the
employee of the Agency.
3.
In the event that any person serving as an employee of any of the Inter-university Research Institutes
or NAL as of the date immediately preceding the date on which the Agency is to be established
becomes an employee of the Agency as set forth in Article 2 of the Supplemental Provisions, and
consistently serves as such and then becomes an employee set forth in Article 2, Paragraph 1 of the
Law concerning Retirement Allowance of National Public Service Personnel, the period of that
person’s service as an employee of the Agency, for the purposes of calculation of the continuous
service period which is the basis of calculation of the retirement allowance payable to that person,
shall be treated as the period of continuous service set forth in that Paragraph, except in cases where
that person has received retirement allowance (including any benefit equivalent thereto) upon
retirement from the Agency.
4.
To those who have served as employees of any of the Inter-university Research Institutes or NAL as
of the date immediately preceding the date on which the Agency is to be established, and become
employees of the Agency as set forth in Article 2 of the Supplemental Provisions, and retire from the
Agency during a time period from the date on which the Agency is to be established up to the time
when they become eligible to receive unemployment benefit under the Employment Insurance Law
(Law No.116 of 1974, as amended), and who could have been eligible to receive retirement
allowance under the provision of Article 10 of the Law concerning Retirement Allowance of National
Public Service Personnel if they had served as employees of that Inter-university Research Institute or
NAL until the date of such retirement, the Agency shall pay them the amount equal to the amount of
retirement allowance calculated in accordance with the provision of that Article as retirement
allowance.
Article 5.
If employees of any Inter-university Research Institute who become employees of the Agency as set forth in
Article 2 of the Supplemental Provisions and are recognized as being eligible under Article 7, Paragraph 1 of
the Children’s Allowances Law (Law No.73 of 1971, as amended) (including the cases that are applied
mutatis mutandis in Paragraph 2 of Article 6, Paragraph 4 of Article 7 or Paragraph 4 of Article 8 of the
Supplemental Provisions of that Law; hereinafter in this Article the same) by the Minister of Education,
Culture, Sports, Science and Technology or any entity authorized by him/her on the date immediately
preceding the date on which the Agency is to be established, meet the requirements for payment of the child
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care benefits or benefits under Paragraph 1 of Article 6, Paragraph 1 of Article 7 or Paragraph 1 of Article 8
of the Supplemental Provisions of that Law (hereinafter in this Article referred to as the “Special Benefits”)
as of the date on which the Agency is to be established, payments of the child care benefits or the Special
Benefits to those employees shall be deemed to have been authorized by the relevant municipal heads as set
forth in Article 7, Paragraph 1 of that Law (including heads of special wards) as of the date on which the
Agency is to be established. In that case, payments of the child care benefits or the Special Benefits so
authorized shall begin in the month immediately following the month in which the date immediately
preceding the date on which the Agency is to be established is included, notwithstanding the provision of
Article 8, Paragraph 2 of that Law (including the cases that are applied mutatis mutandis in Paragraph 2 of
Article 6, Paragraph 4 of Article 7 or Paragraph 4 of Article 8 of the Supplemental Provisions of that Law).
Article 6.
1.
If employees set forth in Article 2, Paragraph 1, Item (1) of the National Public Service Personnel
Mutual Aid Association Law who are members of a national public service personnel mutual aid
association comprising the employees set forth in that Item who belong to MEXT and employees of
independent administrative institutions under the control of that Ministry (hereinafter in this Article
referred to as the “MEXT Mutual Aid Association”) pursuant to the provision of Article 3, Paragraph
1 of that Law as of the date immediately preceding the date on which the Agency is to be established
(limited to those belonging to the Inter-university Research Institutes or NAL on that date) become
executives and employees of the Agency (limited to those individuals equivalent to the employees set
forth in that Item; hereinafter in this Article referred to as the “Executives/Employees”) on the date
on which the Agency is to be established, and continue to serve as the Executives/Employees of the
Agency thereafter, those Executives/Employees shall, notwithstanding the provision of Article 29, be
considered to be employees set forth in that Item comprising the MEXT Mutual Aid Association
while they continue to serve as such on and after the date on which the Agency is to be established
for the purpose of application of the provisions of that Law, provided that they make requests
therefore to the MEXT Mutual Aid Association by the time when 20 days have passed since that date
(or, if the MEXT Mutual Aid Association agrees that there is any reasonable cause, the day approved
by it).
2.
If any of the Executives/Employees set forth in the preceding Paragraph dies without making the
request stipulated therein within the designated period of time, such request may be made only by
his/her survivors (limited to those who are equivalent to survivors set forth in Article 2, Paragraph 1,
Item (3) of the National Public Service Personnel Mutual Aid Association Law; hereinafter in the
immediately following Paragraph the same).
3.
If employees set forth in Article 2, Paragraph 1, Item (1) of the National Public Service Personnel
Mutual Aid Association Law who are members of the MEXT Mutual Aid Association as of the date
immediately preceding the date on which the Agency is to be established (limited to those belonging
to the Inter-university Research Institutes or NAL as of that date) become the Executives/Employees
of the Agency as of the date on which the Agency is to be established, and such
Executives/Employees or their survivors fail to make the request as set forth in Paragraph 1, such
Executives/Employees shall be considered to have retired (which refers to the retirement set forth in
Item (4) of Paragraph 1 of that Article) as of the date immediately preceding the date on which the
Agency is to be established.
Article 7.
Transitional Measures for Employee Organizations Comprising Those Becoming Employees of the
Agency
1.
The employee organizations set forth in Article 108-2, Paragraph 1 of the National Public Service
Personnel Law which actually exist upon the establishment of the Agency, a majority of whose
members are those to be succeeded to by the Agency as set forth in Article 2 of the Supplemental
Provisions, shall become labor unions to which the Labor Union Law (Law No.174 of 1949, as
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amended) applies upon the establishment of the Agency. For that purpose, if those employee
organizations are corporations, they shall become corporate labor unions.
2.
Unless the organization that has become a corporate labor union pursuant to the provisions of the
preceding Paragraph receives a certification of the labor commission to the effect that it complies
with the provisions of Article 2, and Article 5, Paragraph 2 of the Labor Union Law and has itself
registered in the location where its principal office is located within sixty (60) days from the date on
which the Agency is established, it shall be dissolved upon the passage of that period of time.
3.
The provision of the proviso of Article 2 of the Labor Union Law (limited to the portion relating to
Item (1)) shall not apply to those that become labor unions as set forth in Paragraph 1 until the
passage of the period of sixty (60) days from the date on which the Institute is formed.
Article 8.
Transitional Measures against Petitions for Unfair Labor Practice
1.
Petitions to the Central Labor Relations Commission due to dismissals by NAL pursuant to the
provision of Article 18 of the Law concerning Labor Relations in National Enterprises and Specified
Independent Administrative Institutions (Law No.257 of 1948, as amended; hereinafter in this Article
referred to as the “Government Labor Law”) prior to the establishment of the Agency, and the period
of orders issued by the Central Labor Relations Commission shall be handled in the way in effect
prior thereto.
2.
Matters set forth in Chapter 3 (other than the provisions of Articles 12 through 16) and Chapter 6 of
the Government Labor Law relating to conciliation, mediation and arbitration cases, in which
interested parties are NAL and the labor union applied to by Government Labor Law regarding
NAL’s employees, and that are actually pending in the Central Labor Relations Commission upon the
establishment of the Agency, shall be handled in the way in effect prior thereto.
Article 9.
Succession to the Rights and Obligations Owned by the Government
1.
Upon its establishment, the Agency shall succeed to the rights and obligations actually owned by the
Government thereupon that are stipulated in the Cabinet Order with respect to the operations set forth
in Article 18, Paragraph 1.
2.
If there remains any balance, upon the establishment of the Agency, of the amounts which have been
delivered to the head of any Inter-university Research Institute by the Minister of Education, Culture,
Sports, Science and Technology pursuant to the provision of Article 17 of the Law concerning
Special Accounts for National Schools (Law No.55 of 1964, as amended) and accounting of which
has been left to such head, the amount equal to such balance shall be deemed to be endowed to the
Agency for the scholarship purposes as of the date on which the Agency is to be established. For that
purpose, any matters required for the accounting of such endowment shall be determined in the
Ordinance of MEXT.
Article 10.
Dissolutions of NAL and NASDA
1.
NAL and NASDA shall be dissolved upon the establishment of the Agency; whereupon the Agency
shall succeed to any and all rights and obligations thereof other than those assets to be succeeded to
by the Government pursuant to the following Paragraph.
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2.
3.
The Government shall succeed to the assets other than those necessary for secure implementation of
its activities by the Agency, out of the rights actually owned by NAL and NASDA upon the
establishment of the Agency.
The scope of the assets to be succeeded to by the Government pursuant to the preceding Paragraph,
and other matters necessary for the succession to those assets by the Government shall be stipulated
by a Cabinet Order.
4.
The fiscal year of NAL and NASDA commencing on April 1, 2003 shall end on the date immediately
preceding the date on which NAL and NASDA are to be dissolved.
5.
Settlements of accounts of NAL and NASDA, and preparations of the financial statements and
business report of NAL set forth in Article 38 of the General Provisions Law and financial
statements, supplemental schedules and business report of NASDA set forth in the Law concerning
National Space Development Agency of Japan (Law No.50 of 1969, as amended; hereinafter referred
to as the “Former NASDA Law”) in effect prior to the abolition of NASDA pursuant to Article 16 of
the Supplemental Provisions, for the business year commencing on April 1, 2003 shall be handled by
the Agency in the manner in effect prior thereto. For such purposes, the settlement of accounts of
NASDA shall be completed within two (2) months from the date on which it is to be dissolved.
6.
Business performance of NAL for the fiscal year commencing on April 1, 2003 shall be evaluated as
that of the Agency. For such purposes, recommendations pursuant to the provision of Article 32,
Paragraph 3 of the General Provisions Law shall be given to the Agency.
7.
Appropriations of profits and losses of NAL for the fiscal year commencing on April 1, 2003 shall be
handled by the Agency in the manner in effect prior thereto.
8.
Disposition of the reserve funds of NAL shall be handled by the Agency in the manner in effect prior
thereto, as if the Medium-Term Goal Period had ended on the date immediately preceding the date on
which NAL was to be dissolved. For such purposes, the reference to "the preceding Article during
such next following Medium-Term Goal Period” in Article 15, Paragraph 1 of the Law concerning
National Aerospace Laboratory of Japan (Law No.175 of 1999, as amended; hereinafter referred to as
the “Former NAL Law”) in effect prior to the abolition under the provision of Article 16 of the
Supplemental Provisions shall be read as “Article 18, Paragraph 1 of the Law concerning Japan
Aerospace Exploration Agency, during the first Medium-Term Goal Period of the Agency.”
9.
Upon the dissolution of NASDA, no distribution of the remaining assets pursuant to the provision of
Article 38, Paragraph 1 of the former NASDA Law shall take place.
10.
Registrations of the dissolutions of NAL and NASDA pursuant to Paragraph 1 shall be stipulated by a
Cabinet Order.
Article 11.
Capital Investments to the Agency
1.
When the Agency has succeeded the rights and obligations owned by the Government pursuant to
Article 9, Paragraph 1 of the Supplemental Provisions, an amount equal to the total sum of the values
of land, buildings and other properties stipulated by a Cabinet Order shall be deemed as having been
contributed to the Agency by the Government upon such succession.
2.
The rights resulting from the contribution under the preceding Paragraph shall be attributable to the
Government’s general account.
3.
When the Agency has succeeded the rights and obligations of NAL pursuant to the provision of
Paragraph 1 of the immediately preceding Article, the values of assets succeeded to by the Agency (if
there is the amount succeeded to by it pursuant to Article 15, Paragraph 1 of the Former NAL Law as
changed to read in accordance with Paragraph 8 of the immediately preceding Article, excluding an
154
amount equal to that amount) from which the amount of liabilities is deducted shall be deemed to be
contributed to the Agency by the Government upon such succession.
4.
When the Agency has succeeded the rights and obligations of NASDA pursuant to the provision of
Paragraph 1 of the immediately preceding Article, the amount obtained by multiplying the total
amount of the values of assets attributable to NASDA to be succeeded to by the Government and the
Agency minus the amount of liabilities to be succeeded to by the Agency (or, if the amount so
deducted exceeds the capital amount of NASDA, the amount equal to such capital amount) by the
percentage of investments in NASDA by entities other than the Government shall be deemed to be
contributed to the Agency by such entities other than the Government upon such succession.
5.
When the Agency has succeeded the rights and obligations of NASDA pursuant to the provision of
Paragraph 1 of the immediately preceding Article, the values of assets attributable to NASDA
succeeded to by the Agency minus the amount of liabilities succeeded to by the Agency, and the
amount contributed by entities other than the Government pursuant to the immediately preceding
Paragraph shall be deemed to be contributed to the Agency by the Government upon such succession.
6.
The value of properties set forth in Paragraph 1 and the value of assets set forth in the preceding three
Paragraphs shall be those evaluated by members of the Appraisal Committee, based on the market
values prevailing as of the date on which the Agency is to be established.
7.
Members of the Appraisal Committee referred to in the immediately preceding Paragraph and other
matters necessary for the evaluation shall be stipulated by a Cabinet Order.
8.
Pledges that may exist on the equity units issued by NASDA shall exist on the equity units of the
Agency to be issued to its investors as set forth in Article 7, Paragraph 1.
Article 12.
Refunding of Equity Interests
1.
With respect to the amounts deemed to be contributed to the Agency by entities other than the
Government pursuant to Paragraph 4 of the immediately preceding Article, those entities other than
the Government shall have the right to request the Agency to refund their equity interests only within
one month of the date on which the Agency is to be established.
2.
Notwithstanding the provision of Article 8, Paragraph 1, the Agency shall, upon request as set forth in
the preceding Paragraph, refund the amount equal to the amount of investment represented by such
equity interests. In that case, the Agency shall decrease its capital amount by the amount so refunded.
Article 13.
Consent of the Space Activities Commission to Appointment of Those Who Should Become Executives
The provisions of Article 11 shall apply mutatis mutandis to appointments of a person who shall become
President of the Agency and persons who shall become General Auditors as set forth in Article 14,
Paragraph 1 of the General Provisions Law.
Article 14.
Special Exceptions to the Term of Office of the President
With respect to the term of office of the President considered to be appointed as such pursuant to Article 14,
Paragraph 2 of the General Provisions Law upon the establishment of the Agency, the reference to the “date
of his/her appointment” in Article 12, Paragraph 1 shall be read as the “date on which the Agency is
established.”
155
Article 15.
Special Exceptions to the Competent Ministers
For the period up to the date on which operation of any particular satellite ends (hereinafter in this Article
referred to as the “End Date”) (that is, in the case of matters regarding the administrative management set
forth in Article 38 of the General Provisions Law, the period up to the date on which such administrative
management for the relevant fiscal year is ended, including the End Date, and in the case of matters
regarding the evaluation of business performance for the relevant fiscal year and Medium-Term Goal, the
period up to the date on which such evaluation during such relevant fiscal year or the Medium-Term Goal
Period is ended, including the End Date), the “MEXT and MPHPT” in Article 23, Paragraph 2 shall be read
as “MEXT, MPHPT and other Ministries to be stipulated by a Cabinet Order”; the “Minister of Education,
Culture, Sports, Science and Technology and the Minister of Public Management, Home Affairs, Posts and
Telecommunications” in Article 26, Paragraph 1, Items (2) and (4) shall be read as “Minister of Education,
Culture, Sports, Science and Technology, the Minister of Public Management, Home Affairs, Posts and
Telecommunications and other Ministers to be stipulated by a Cabinet Order”; the “Minister of Public
Management, Home Affairs, Posts and Telecommunications” in Paragraph 2 of that Article shall be read as
“Minister of Public Management, Home Affairs, Posts and Telecommunications and other Ministers to be
stipulated by a Cabinet Order”; the “Ordinance of MEXT and the Ordinance of MPHPT” in the proviso of
Paragraph 4 of that Article shall be read as “orders to be issued by the Minister of Education, Culture,
Sports, Science and Technology, the Minister of Public Management, Home Affairs, Posts and
Telecommunications and other Ministers to be stipulated by a Cabinet Order”; “the Evaluation Commission
for Independent Administrative Organizations of MPHPT in Article 27, Paragraph 1 shall be read as “the
Evaluation Commissions for Independent Administrative Organizations of MPHPT and other Ministries to
be stipulated by a Cabinet Order”; and the “Evaluation Commission for Independent Administrative
Organizations of MPHPT” in Paragraph 2 of that Article shall be read as “Evaluation Commissions for
Independent Administrative Organizations of MPHPT and other Ministries to be stipulated by a Cabinet
Order.”
Article 16.
Abolitions of the Law concerning Independent Administrative Institution National Aerospace
Laboratory of Japan and the Law concerning National Space Development Agency of Japan
The following laws shall be abolished:
(1)
(2)
The Law concerning National Aerospace Laboratory of Japan; and
The Law concerning National Space Development Agency of Japan.
Article 17.
Transitional Measures in Connection with the Abolitions of the Law concerning Independent
Administrative Institution National Aerospace Laboratory of Japan and the Law concerning National
Space Development Agency of Japan
Disciplinary actions, proceedings and other actions taken pursuant to the provisions of the Former NAL Law
or the Former NASDA Law (except Articles 12 and 20) prior to the enforcement of the provision of the
immediately preceding Article shall be considered to be the disciplinary actions, proceedings and other
actions taken pursuant to the relevant provisions of this Law or the General Provisions Law.
Article 18.
Transitional Measures for Punishments
Applications of punishments to any actions done prior to the enforcement of the provision of Article 16 of
the Supplemental Provisions, as well as to any actions done after the enforcement of this Law in connection
with matters deemed to be handled in the way in effect prior thereto as set forth in Article 10, Paragraphs 5,
7 and 8 of the Supplemental Provisions shall be handled in the way in effect prior thereto.
156
Article 19.
Delegation to the Cabinet Order
Other than those set forth in Articles 2 through 15, 17 and 18 of the Supplemental Provisions, any
transitional measures required in connection with the establishment of the Agency and any other transitional
measures necessary for the enforcement of this Law shall be stipulated by a Cabinet Order.
Article 20.
Partial Amendment to the National School Establishment Law
The following provision of the National School Establishment Law shall be amended as follows:
The phrase “Inter-university Research Institutes” in Article 3-3, Paragraph 3 shall be amended to
read “Inter-university Research Institutes and Japan Aerospace Exploration Agency.”
Article 21.
Partial Amendments to the Broadcast Law
The following provision of the Broadcast Law (Law No.132 of 1950, as amended) shall be amended as
follows:
The heading of Article 9-2 shall be amended to read “Investment to the Independent Administrative
Institution Japan Aerospace Exploration Agency,” and the “National Space Development Agency
of Japan” in that Article and Article 53-10, Paragraph 1, Item (2) shall be amended to read the
“Japan Aerospace Exploration Agency”.
Article 22.
Partial Amendment to the Land Expropriation Law
The following provision of the Land Expropriation Law (Law No.219 of 1951, as amended) shall be
amended as follows:
Article 3, Item (34-3) shall be amended as follows:
(34-3) Facilities made available for use in the activities referred to in Article 18, Paragraph 1,
Items (1) through (4) of the Law concerning Japan Aerospace Exploration Agency (Law No.161 of
2002) by Japan Aerospace Exploration Agency.
Article 23.
Partial Amendment to the Special Measures Law on Local Public Finance Reconstruction Promotion
The following provision of the Special Measures Law on Local Public Finance Reconstruction Promotion
(Law No.195 of 1955, as amended) shall be amended as follows:
“, the National Space Development Agency of Japan” in Article 24, Paragraph 2 shall be deleted.
Article 24.
Partial Amendment to the Law concerning Access to Information Held by Independent
Administrative Organizations
The Law concerning Access to Information held by Independent Administrative Organizations (Law No.140
of 2001, as amended) shall be amended as follows:
The paragraph of The National Space Development Agency of Japan in Schedule I shall be deleted.
157
Article 25.
Partial Amendment to the Law concerning Protection of Personal Information Held by Independent
Administrative Organizations
The Law concerning Protection of Personal Information Possessed by Independent Administrative
Organizations shall be amended as follows:
The paragraph of The National Space Development Agency of Japan in Schedule shall be deleted.
Article 26.
Partial Amendment to the Law concerning Japan Aerospace Exploration Agency.
The following provision of the Law concerning Japan Aerospace Exploration Agency shall be amended as
follows:
The references to the “Law concerning Labor Relations in National Enterprises and Specified
Independent Administrative Organizations” and the “Government Labor Law” in Article 8,
Paragraph 1 of the Supplemental Provisions shall be amended to the “Law concerning Labor
Relations in Specified Independent Administrative Organizations” and the “Specified Labor Law,”
respectively, and the reference to the “Government Labor Law” in Paragraph 2 of that Article shall
be amended to read the “Specified Labor Law.”
Article 27.
Partial Amendment to the MEXT Establishment Law
The following provision of the MEXT Establishment Law (Law No.96 of 1999, as amended) shall be
amended as follows:
Article 8. (Responsible Functions)
The Space Activities Commission (hereinafter in this Article referred to as the “Commission”) shall
be responsible for the following operations and handle matters assigned to it pursuant to the
provisions of the Law concerning National Space Development Agency of Japan (Law No.50 of
1969, as amended):
(1)
To give consents to, and opinions as to, appointments of those who should become executives
of Japan Aerospace Exploration Agency pursuant to the provision of Article 11 of the Law
concerning Japan Aerospace Exploration Agency that is applied mutatis mutandis in Article 13 of the
Supplemental Provisions of that Law; and
(2)
To adopt resolutions with respect to long-term plans relating to space development set forth in
Article 19 of the Law concerning Japan Aerospace Exploration Agency.
Article 28.
The following provision of the MEXT Establishment Law shall be amended as follows:
“scientific researches and educations at Japan Aerospace Exploration Agency” shall be added after
“ researches in Item (25) of Article 4.
The phrase “, and handle matters assigned to its functional powers pursuant to the provisions of the
Law concerning National Space Development Agency of Japan (Law No.50 of 1969, as amended)”
in Article 8 shall be deleted, and the phrase “that Law that is applied mutantis mutandis in Article
13 of the Supplemental Provisions” in Item (1) of that Article shall be deleted and “appointment of
those who should become” shall be amended to read “appointment of.”
External Link: http://www.jaxa.jp/about/gaiyo/law/law_e.pdf
158
________________________________________________________________________________
Law No. 50 of 23 June 1969, as amended, Law Concerning National Space Development Agency of Japan
(Former Law)
External Link http://www.oosa.unvienna.org/SpaceLaw/national/japan/nasda_1969E.html
NORWAY
ACT No. 38 (13/06/1969) on Launching Objects From Norwegian Territory in Outer
Space.
[UNOFFICIAL TRANSLATION]
Act on launching objects from Norwegian territory etc. into outer space.
13 June. No. 38. 19691
§ 1 Without permission from the Norwegian Ministry2 concerned, it is forbidden3 to launch any object into
outer space from:
a)
Norwegian territory, also including Svalbard, Jan Mayen and the Norwegian external territories.
b)
Norwegian vessels, aircrafts etc.
c)
Areas that are not subject to the sovereignty of any state, when the launching is undertaken by a
Norwegian citizen or person with habitual residence in Norway.
Certain terms can be set for such permission as described in paragraph one.
§ 2 The Ministry can issue regulations on control etc. of activities as described in § 1.
§ 3 This act enters into force immediately.
Notes
1. The footnotes are not included in the official law
2. Ministry of Trade and Industry
3. Criminal law § 332. Fines or max 3 mounts in prison. A general law for violating certain acts or
regulations given by the Government. The law applies if you do something without special permission from
the Government/Ministry.
159
RUSSIAN FEDERATION
PRESIDENTIAL DECREE No. 185 (25/02/1992) on Space Activities Administration
Structure in the Russian Federation.
[UNOFFICIAL TRANSLATION]
Edict of the President of Russian Federation
About structure of management of space activity in Russian Federation
For the purposes of effective use of rocket and space complex of Russia in interests of socio-economic
development, security and international cooperation of Russian Federation decree:
1.
To form the Russian Space Agency (RSA) under the Government of Russian Federation.
To charge the Russian Space Agency with:
(1)
realization of state politics in the field of the exploration and use of outer space;
(2)
elaboration jointly with Russian Academy of Sciences and interested
ministries, departments, organizations and submission to the Government of
Russian Federation of draft State Space program of Russian Federation in the
part of Space systems, complexes and facilities of scientific, national-economy
and defensive destination;
(3)
function of general customer of space systems, complexes and facilities of scientific and
national-economy destination, being developed pursuant to the State Space program of
Russian Federation;
participation in creation and use of space systems, complexes and facilities of dual (military
and civil) destination, being developed under defence orders pursuant to the State Space
program of Russian Federation;
coordination of commercial space projects and assistance in their realization
development jointly with organizations and by enterprises of research and testing base of
cosmonautics, creation of scientific, technical and technological background for perfecting
rocket and space techniques;
(4)
(5)
(6)
(7)
interaction with appropriate bodies of the states - members to the
Commonwealth of Independent States and foreign countries in the field of the
exploration and use of outer space, as well as ground objects of space
infrastructure within the limits of its competence.
2.
To nominate Koptev Yuriy Nikolayevich the General Director of Russian Space Agency under the
Government of Russian Federation.
To the General Director of RSA in term of two weeks to submit to the Government of Russian
Federation for approval the draft regulations of RSA.
3.
To admit the proposal of Russian of Academy of Sciences and Ministry of science, higher school and
technical politics of Russian Federation as to the creation of the Interdepartment Expert Commission
on Space, which is to carry out assessments and selection of projects on space systems, complexes
and facilities of scientific and national-economy destination.
President of Russian Federation
B.Yeltsin
160
Moscow,
The Kremlin
February 25, 1992
PRESIDENTIAL EDICT No. 2005 (24/10/1994) on the organisation of the further
utilisation of the Baikonur cosmodrome in the Interests of the Russian’s Federation’s
Space Activity
[UNOFFICIAL TRANSLATION]
Russian Presidential Edict No 2005: "On the Organization of the Further Utilization of the Baikonur
Cosmodrome in the Interests of the Russian Federation's Space Activity"
(Signed 24 October 1994)
With a view to efficiently utilizing the Baikonur Cosmodrome for the implementation of Russia's space
programs and in connection with the signing of the Agreement on the Basic Principles and Conditions of the
Utilization of the Baikonur Cosmodrome between the Russian Federation and the Republic of Kazakhstan, I
decree that:
1.
The Russian Federation Government is to organize the takeover of the Baikonur complex from the
government of Kazakhstan and ensure its proper functioning. Proposals for candidacy for the post of
head of Leninsk City Administration are to be prepared within one month.
The following provisions are to be made during the formation and amplification of the federal budget:
(1)
the allocation of appropriations to pay for the lease of the Baikonur Cosmodrome and the up
keep of the city of Leninsk;
(2)
the allocation of appropriations to the Russian Space Agency and the Russian Federation
Ministry of Defense for expenditure by the Military Space Forces on operational costs and
purchases of series-produced equipment for the utilization, maintenance, upgrading, and
retooling of the Baikonur Cosmodrome's facilities and the upkeep of servicemen; - the
allocation of the necessary volume of capital investment, including for the construction of
housing in the Russian Federation for persons discharged from military service after serving
with the Russian Federation Armed Forces on the territory of the Baikonur Cosmodrome, and
also for employees of enterprises and organizations working in the Baikonur complex on a
permanent basis.
2.
It is prescribed that the financial, material, and technical support for, and the utilization of, the
Baikonur complex facilities used for the implementation of Russian military space programs are to be
carried out by the Russian Federation Ministry of Defense (Military Space Forces), and that these
functions as regards the implementation of Russia's federal space program are to be carried out by the
Russian Space Agency under contracts with industrial enterprises and organizations and the
cosmodrome's military units. The financial, material, and technical support of facilities connected
with ensuring the proper functioning of the Baikonur complex is to be shared proportionately
between the Russian Federation Ministry of Defense (Military Space Forces) and the Russian Space
Agency.
3.
A special military contingent numbering 16,000 men, including 3,800 officers, and not forming part
of the numerical strength of the Russian Federation Armed Forces, is to be maintained from 1 January
1995 through 1 January 1997, from funds allocated to the Russian Space Agency from the federal
budget, as part of the Military Space Forces for the implementation of space programs for scientific
and national-economic purposes and international cooperation, and also for the utilization of facilities
161
connected with ensuring the proper functioning of the Baikonur complex. The Russian Federation of
Defense is to ensure the manning levels of the aforementioned military contingent and provide it with
all types of allowance.
4.
5.
The Russian Federation Ministry of Defense (Military Space Forces) are charged with the overall
coordination of work carried out at the Baikonur Cosmodrome.
This edict comes into force on the day it is signed.
LAW of the Russian Federation about Space Activities, adopted by the Decree
No. 5663-1 of the President of the Russian Federation (20/08/1993)
[UNOFFICIAL TRANSLATION]
The exploration of outer space, which began in Russia, opens up new prospects for global civilization. In
Russian Federation the exploration and use of outer space, including the Moon and other celestial bodies, is
one of the most important directions of activities in the interests of citizens, society and state. The present
Law is intended to provide legal regulation for space activities and stimulates the application of the potential
of space science and industry for solving socio-economic, scientific, technical and defense task of Russian
Federation.
Section 1. GENERAL PROVISIONS
Article 1
Legislation of Russian Federation on Space Activity
1.
The present Law shall lay down legal and organization foundations of space activities under the
jurisdiction of Russian Federation.
2.
Space activities under the jurisdiction of Russian Federation shall also be regulated by other laws and
normative acts of Russian Federation issued in accordance with the Constitution of Russian
Federation and this Law.
Article 2.
The Concept of Space Activity
1.
For purposes of this Law space activity shall be defined as any activity immediately connected with
operations to explore and use outer space, including the Moon and other celestial bodies. Space
activity shall include:
(1)
space researches;
(2)
remote sensing of the Earth from outer space, including environmental monitoring and
meteorology;
(3)
use of navigation, topographical and geodesic satellite systems;
(4)
piloted space missions;
(5)
manufacturing of materials and other products in outer space;
(6)
other kinds of activity performed with the aid of space technology.
2.
Space activity comprises creating (including development, manufacture and test), as well as using and
transferring of space techniques, space technology, other products and services necessary for carrying
out space activity.
162
Article 3.
Goals and Purposes of Space Activity
1.
Space activity shall be carried out with the goal of promoting the well being of the citizens of Russian
Federation, the development of Russian Federation and ensuring its security, as well as solving global
problems of mankind.
2.
Main tasks of space activity under the jurisdiction of Russian Federation shall be:
(1)
providing access to outer space;
(2)
studying of the Earth and outer space;
(3)
developing science, techniques and technologies, enhancing economic efficiency;
(4)
ensuring defense capabilities of Russian Federation and control over the implementation of
international treaties concerning armaments and armed forces.
Article 4.
The Principles of Space Activity
1.
Space activity shall be carried out in conformity with the following principles:
(1)
the equal right of the organizations and citizens of Russian Federation to participate in space
activity;
(2)
access to information about space activity;
(3)
use of the results of space activity in the interests of customers with due regard to the rights of
organizations and citizens participating in space activity;
(4)
introduction of the achievements of space science and technology into national economy;
(5)
restriction of monopolistic activity and the development of entrepreneurial activity;
(6)
independence of expertise on issues of space activity;
(7)
provision of safety in space activity, including protection of the environment;
(8)
promotion of international cooperation in the field of space activity;
(9)
international responsibility of the state for space activity performed under its jurisdiction.
2.
In order to ensure strategic and ecological security it is prohibited in Russian Federation:
(1)
to put into the orbit around the Earth or to deploy in outer space otherwise nuclear weapons
and any other kinds of weapons of mass destruction;
(2)
to test nuclear weapons and any other kinds of weapons of mass destruction in outer space;
(3)
to use space objects and other space technology as a tool to influence the environment for
military and other hostile purposes;
(4)
to use the Moon and other celestial bodies for military purposes;
(5)
to create deliberate immediate threat to safety of space activity, including safety of space
objects;
(6)
to create harmful contamination of outer space which leads to unfavourable changes of the
environment, including deliberate elimination [destruction?] of space objects in outer space.
Other space activity under the jurisdiction of Russian Federation, which is prohibited by international
treaties of Russian Federation, is not allowed as well.
3.
Space activity, as well as dissemination of information on space activity shall be carried out with the
observation of the requirements, stipulated by the legislation of Russian Federation, on the protection
of intellectual property rights, state (including military) and commercial secret.
4.
General information about space activity, which is subject to point 3 of present Article, including the
data:
(1)
about plans of launching of space objects and their changes;
(2)
about space projects and the course of their realization;
(3)
about budget allocations for space activities;
(4)
about incidents and accidents while carrying out space activity and the damage because of
such accidents
(5)
shall be disseminated without restrictions.
163
Section II. ORGANIZATION of SPACE ACTIVITY
Article 5.
Competence of Bodies of State Power and Administration
1.
In Russian Federation space activity pertains to the competence of federal bodies of state power and
administration.
2.
The Supreme Soviet of Russian Federation shall determine the space policy of Russian Federation,
including:
(1)
adoption of legislative acts, regulating space activity;
(2)
adoption of the Federal Space Program of Russia;
(3)
exercising control over the fulfilment of the Federal Space Program of Russia and spending
the state means allotted for space activity;
(4)
ratification of international treaties of Russian Federation on issues of space activity;
(5)
resolve other issues, within its competence, arising in the pursuit of space activity.
3.
The President of Russian Federation shall be responsible for the implementation of space policy of
Russian Federation, including:
(1)
issuing of Edicts and executive orders necessary for carrying out space activity;
(2)
supervising of activities of Council of Ministers - the Government of Russian Federation to
implement the Federal Space Program of Russia and on other issues related to carrying out of
space activity;
(3)
resolving, within his competence, other issues arising in the pursuit of space activity.
4.
Council of Ministers - the Government of Russian Federation shall ensure the supervision of space
activity, including:
(1)
issuing of Decrees and Executive Orders necessary for carrying out of space activity;
(2)
considering of the draft Federal Space Program of Russia as proposed by the Russian Space
Agency, the Ministry of Defence of Russian Federation, the Russian Academy of Sciences and
other state customers for works to create and use space technology;
(3)
submit to the Supreme Soviet of Russian Federation the draft Federal Space Program of
Russia and proposals on financing of space activity;
(4)
approve the Regulations of Russian Space Agency;
(5)
undertake measures to protect interests of Russian Federation, as well as Russian organizations
and citizens in the field of space activity;
(6)
resolve within its competence other issues arising in the pursuit of space activity.
5.
Republics within Russian Federation, autonomous region, autonomous areas, territories, regions and
cities of Moscow and St. Petersburg shall participate in the exercise of powers to regulate space
activity provided for by this Law.
Article 6.
The Russian Space Agency
1.
The Russian Space Agency shall be a body of federal executive power responsible for carrying out
space activity in scientific and national-economy purposes under the jurisdiction of Russian
Federation in accordance with the space policy of Russian Federation.
2.
The Russian Space Agency shall, within its competence:
(1)
elaborate a draft Federal Space Program of Russia in coordination with the Ministry of
Defence of Russian Federation, the Russian Academy of Sciences and other state customers of
works in creation and use of space technology;
(2)
form and place a state order for works in creation and use of space technology for scientific
and national- economy purposes, including works under international space projects;
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(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
3.
participate in coordination with the Ministry of Defence of Russian Federation in placing the
state order for works in creation and use of space technology, used both for scientific and
national-economy purpose and for purposes of defence and security of Russian Federation;
ensure, in coordination with the Ministry of Defence of Russian Federation and other
ministries and departments of Russian Federation the exploitation, maintenance and
development of ground and other objects of space infrastructure for scientific and nationaleconomy purposes;
issue licenses for the types of space activity;
organize certification of space technology ;
provide space activity with necessary normative technical documentation;
ensure, in conjunction with corresponding state services, the safety of space activity;
interact with the organizations and agencies of foreign states, as well as international
organizations on questions of space activity and enter into appropriate international
agreements;
perform other functions, as defined by Council of Ministers - the Government of Russian
Federation.
the Russian Space Agency may create its territorial agencies in order to fulfil its functions, taking into
account interests of subjects of Russian Federation in use of results of space activity.
Article 7.
Space Activity for Purposes of Defense and Security of Russian Federation.
1.
Space activity for purposes of defense and security of Russian Federation shall be pursued by the
Ministry of Defense of Russian Federation, which shall be responsible for the implementation of the
long-term program and annual plans of works to create and use military space technology in
conjunction with other ministries and departments of Russian Federation.
2.
The Ministry of Defence of Russian Federation shall within its competence:
(1)
elaborate draft program and annual plans of works to create and use military space technology
and, in conjunction with the Russian Space Agency of space technology applied for both
scientific and national-economy purposes and for the purposes of defense and security of
Russian Federation;
(2)
form and place the state order for works to create and use military space technology and, in
conjunction with the Russian Space Agency space technology applied both for scientific and
national-economy purposes and for purposes of defense and security of Russian Federation;
(3)
use space technology for purposes of defense and security of Russian Federation;
(4)
perform exploitation of space technology for scientific and national-economy purposes on a
contractual basis;
(5)
ensure, jointly with the Russian Space Agency and other ministries and departments of
Russian Federation, the maintenance and development of ground and other objects of space
infrastructure;
(6)
provide space activity with necessary normative technical documentation;
(7)
participate in the certification of space technology on a contractual basis;
(8)
ensure, in conjunction with corresponding state services, safety of space activity;
(9)
perform other functions established by Council of Ministers - the Government of the Russian
Federation.
3.
The Ministry of Defence of Russian Federation shall have the right to temporarily transfer idle
objects of space infrastructure under its jurisdiction to the Russian Space Agency on a contractual
basis to be used for space activity for scientific and national-economy purposes.
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Article 8.
Federal Space Program of Russia
1.
The Federal Space Program of Russia shall be the document on the basis of which the state order for
the creation and use of space technology for scientific and national-economy purposes shall be
formed. The procedure of interaction of the Russian Space Agency and the Ministry Defence of
Russian Federation in elaboration and approval of the Federal Space Program of Russia and the longterm program and annual plans of works to create and use military space technology shall be
determined by the legislation of Russian Federation.
2.
The Federal Space Program of Russia shall be elaborated taking into account:
(1)
established goals, tasks and principles of space activity;
(2)
interests of the subject of Russian Federation;
(3)
economic situation in the country;
(4)
condition of space science and industry;
(5)
need for a comprehensive development of the space and the ground segments of space
infrastructure;
(6)
interests of users and producers of space technologies;
(7)
situation and trends in the development of cosmonautics;
(8)
conditions in the world space market;
(9)
international obligations of Russian Federation and the task to expand international
cooperation.
3.
The Federal Space Program of Russia shall be elaborated in accordance with the results of a
competition of space projects submitted by the ministries and departments of Russian Federation,
organizations and citizens concerned.
The procedure and terms for holding competitions of space projects for scientific and nationaleconomy purposes shall be determined by the Russian Space Agency with the participation of the
Russian Academy of Sciences and other customers of works in creation and use of space technology.
4.
General information about the Federal Space Program of Russia and annual reports on its
implementation shall be published in the press.
Article 9.
Licensing of Space Activity
1.
This Law shall establish a licensing (permission) procedure for the pursuit of space activity in
scientific and national-economy purpose.
3.
Subject to licensing shall be space activity of organizations and citizens of Russian Federation or
space activity of foreign organizations and citizens under the jurisdiction of Russian Federation, if
such activity includes tests, manufacture, storage, preparation for launching and launching of space
objects, as well as control over space flights.
4.
Types, forms, and terms of licenses, the conditions and procedures for their issue, withholding,
suspension or termination, as well as other questions of licensing shall be regulated by the
legislation of Russian Federation.
5.
Carrying out space activity by an organization or a citizen without a license or in wilful violation of
the terms of the license shall be punishable by virtue of the legislation of Russian Federation.
6.
The actions of the state bodies to license space activity may be claimed in the court of law or in the
arbitration tribunal.
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Article 10.
Certification of Space Technology
1.
Space technology, including space objects, ground and other objects of space infrastructure created
for scientific and national-economy purposes shall be checked for the compliance with the
requirements establish by the legislation of Russian Federation (certification).
Equipment used in the creation and use of space technology may also be subject to certification.
2.
Upon the completion of the certification procedure a certificate shall be issued to each sample of
space technology.
The types, forms and terms of certificates, the terms and procedures for the issue, withholding,
suspension or termination thereof, as well as other questions of certification shall be regulated by the
legislation of Russian Federation.
3.
The certification agencies, manufacturers of space technology and corresponding officials violating
the rules of certification of space technology shall be responsible by virtue of the legislation of
Russian Federation.
Article 11.
Expertise on Issues of Space Activity
1.
Decisions on the following issues connected with the pursuit of space activity shall be taken on the
basis of expertise:
(1)
inclusion of a project into the Federal Space Program of Russia;
(2)
adoption of the Federal Space Program of Russia;
(3)
issuing of licenses for space activity;
(4)
issuing of certificates for samples of space technology as well as equipment used in the
creation and use of space technology ;
(5)
categorizing space technologies as products whose export shall be banned or restricted;
(6)
review of competitions of space projects;
(7)
identification of the cause of accidents in the pursuit of space activity;
(8)
other questions as determined by Council of Ministers - the Government of Russian
Federation.
2.
For the purposes of expertise the Supreme Soviet of Russian Federation, Council of Ministers - the
Government of Russian Federation, the Russian Space Agency or other body making a decision on
issues connected with space activity shall form expert commissions from amongst specialists not
concerned about the result of the expertise
3.
The procedure for the formation and work of expert commissions shall be determined by the
legislation of Russian Federation.
4.
The conclusion of an expert commission shall not be binding on the body making a decision on issues
connected with space activity.
The responsibility for such decision that does not accord with the conclusion of the expert
commission shall rest with the chief executive officer of the body making the decision.
The members of the expert commission shall be responsible for the accuracy and validity of their
findings.
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Section III. ECONOMIC CONDITIONS OF SPACE ACTIVITY
Article 12.
Financing of Space Activities and Foreign Investments
1.
Financing of space activity for scientific and national-economy purposes shall be executed from the
republican budget of Russian Federation in accordance with the Federal Space Program of Russia and
figured in the republican budget of Russian Federation as a separate item.
Financing of space activity for purposes of defence and security of Russian Federation shall be
provided by the republican budget of Russian Federation as a part of defense expenditures.
2.
Space activity shall be financed from the republican budget of Russian Federation in purpose-oriented
manner through state customers of works in creation and use of space technology and shall be
distributed between contractors in accordance with state contracts.
The state customer and the contractor shall have the right to resort to non-budget sources of
financing, including their own resources, provided this does not contradict to objectives of the space
project.
3.
Organizations and citizens involved in the implementation of space projects shall be, according to the
established procedures, granted with state guarantees, soft credits, tax exemptions and other necessary
privileges.
4.
Foreign investments into space activity falling within the framework of the Federal Space Program of
Russia shall be guaranteed by the budget of Russian Federation, as well as by the assets and other
property of Russian Federation.
Foreign investments in space activity of organizations and citizens of Russian Federation shall be
guaranteed by their assets or by their intellectual or other property.
Article 13.
The Russian Space Fund
1.
The Russian Space Fund shall be established with the aim to support and promote space science and
industry.
2.
The assets of the Russian Space Fund shall be provided by:
allocations from the republican budget of Russian Federation granted on a purpose-oriented basis as
part of the financing of the Federal Space Program of Russia;
extra-budgetary funds created by state customers for works to create and use space technology ;
part of the profit received by organizations and citizens at the expense of tax exemption granted in
connection with space activity;
profit resulting from the realization of space projects financed by the Russian Space Fund;
insurance payments made by organizations and citizens involved in space activity in the form of
obligatory or voluntary insurance;
voluntary contributions of Russian and foreign organizations and citizens.
The order of accumulation and spending of the resources of the Russian Space Fund shall be laid
down in the Statutes of the Russian Space Fund.
3.
The resources of the Russian Space Fund shall be directed towards financing the Federal Space
Program of Russia in coordination with the Russian Space Agency and other customers for works to
create and use space technology, towards supporting space projects involving innovation and military
conversion, as well as towards projects to use of the results of space activity, among others, for
promoting science, education and culture.
In the distribution of the resources of the Russian Space Fund priority shall be given to groundbreaking research projects and high efficiency economic, social and other projects.
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The resources of the Russian Space Fund shall also be employed to ensure risks connected with space
activity and to eliminate the after-effects of accidents, that may result from such activity.
4.
The Russian Space Fund shall operate in accordance with the Statutes approved by Council of
Ministers - the Government of Russian Federation in coordination with the Supreme Soviet of
Russian Federation
Article 14.
Creation of Space Technology
1.
The state order for the creation of space technology shall be formed and placed in accordance with
the Federal Space Program of Russia and the long-term program and annual plans of works to create
and use military space technology.
2.
The works under the state order shall be carried out in accordance with the technical assignment
approved by the state customer, which shall form grounds for the conclusion of the state contract
between the state customer and the contractor.
3.
Property rights over space technology shall be transferred to the customer from the moment of
signing the acceptance certificate, unless otherwise stipulated by the relevant agreement.
The rights of organizations and citizens involved in the creation of space technology to further utilize
such technology shall be specified in agreements, concluded by these organizations and citizens with
the customer of the works
4.
Mixed companies shall be allowed to act as contractors under the state order, provide that the share of
foreign capital in their statutory fund does not exceed 49 percent.
Contractors under the state order shall be allowed to involve foreign organizations and citizens as
subcontractors, and shall be responsible for fulfilment of their obligations by the latters.
Article 15.
Use and Transfer of Space Technology
1.
Space technology shall be allowed to be used according to its purpose, pending on its putting into
exploitation.
The order of using space technology for testing and the order of its putting into exploitation shall be
stipulated by the legislation of Russian Federation.
2.
The use of space technology shall be effected by the proprietor of such technology or by other
organizations and citizens upon agreement with the proprietor.
3.
Components of space technology may belong to several organizations and citizens, unless this
disrupts the operational regime of the functioning of such space technology.
Procedures for the use of space technology, components of which belong to several organizations and
citizens, shall be governed by contracts between such organizations and citizens.
4.
An organization exploiting space technology, which is in federal ownership shall provide, on a
contractual basis, opportunities for the use of such technology by any interested organization and
citizen. In concluding agreements for the use of space technology, which is in federal ownership
preference shall be given to project under the Federal Space Program of Russia, and also to
organizations and citizens of Russian Federation that offer more beneficial terms of such use.
5.
Space technology taken out of operation may be transferred to organizations whose main line of
activities is directed at using the results of space activity in purposes of education and culture. Such
technology may also be sold to organizations or citizens on a contractual basis.
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Article 16.
Use of Space Technologies and Results of Space Activity
1.
The use and transfer of space technology shall be effected with respect to the rights of intellectual
property that are protected by the legislation of Russian Federation.
2.
The fulfilment of the works to create space technology, including those under the state order, shall
not bind the contractor to transfer technologies to the customer, unless otherwise specified by the
agreement between the contractor and the customer.
3.
Procedures and terms of the use of technologies developed while fulfilling the works in creation and
use of space technology, legal protection of which is not stipulated by the legislation of Russian
Federation, shall be established under agreements between the interested organizations and citizens.
4.
The property rights over the physical product created in outer space shall belong to the organizations
and citizens possessing property rights in the components of space technology , with the use of which
such product has been created, unless otherwise specified by relevant agreements.
The property rights over the information product created as a result of space activity shall belong to
the organizations and citizens, that have created such information product, unless otherwise specified
by relevant agreements.
The property rights of other organizations and citizens participating in space activity, in particular by
providing transportation and other services, shall be stipulated by relevant agreements.
Section IV. SPACE INFRASTRUCTURE
Article 17.
Space Objects
1.
Space objects of Russian Federation shall be subject to registration and shall have markings certifying
their appurtenance to Russian Federation.
2.
Russian Federation shall retain jurisdiction and control over space objects registered in it, during the
ground time of such objects, at any stage of a space flight or stay in outer space, on celestial bodies
and also on return to the Earth outside the jurisdiction of any state.
3.
The rights of ownership over space objects shall remain unaffected, during the ground time of such
objects, at any stage of a space flight or stay in outer space, on celestial bodies and also on return to
the Earth, unless otherwise specified in international treaties of Russian Federation.
4.
If a space object is designed and manufactured by Russian organizations and citizens jointly with
foreign organizations and citizens or international organizations, the issues of the registration of such
object, the jurisdiction and control thereover and also the issues of the rights of ownership thereof
shall be decided on the basis of the appropriate international treaties.
5.
The rights of jurisdiction and control over space objects, as well as of ownership thereof shall not
affect the legal status of the area of outer space or the surface or subsoil of a celestial body occupied
by it. In direct proximity to a space object of Russian Federation within the zone minimally necessary
for ensuring safety of space activity, rules may be established that shall be binding for Russian and
foreign organizations and citizens.
Article 18.
Ground and Other Objects of Space Infrastructure
1.
The ground and other objects of space infrastructure in Russian Federation shall consist of:
cosmodromes;
launching complexes and installations;
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2.
instrumentation and command complexes;
space objects flight control centers and points;
space equipment storage bases;
areas of fallout of separating parts of space objects;
space objects landing grounds and runways;
experimental base facilities for the creation of space technology ;
cosmonaut training centers and equipment;
any other ground facilities and equipment used for carrying out of space activities.
Ground and other objects of space infrastructure, including mobile, shall be considered as such
to the extent that they are used for ensuring or carrying out space activity.
The ground and other objects of space infrastructure, which are in federal property, shall be under the
authority of state organizations in charge of their operation.
The transfer of ground and other objects of space infrastructure, which are in federal property, under
the authority, ownership or leaseholding of other organizations shall only be permitted in the manner
specified by the legislation of Russian Federation.
3.
The allotment of slots of land for ground and other objects of space infrastructure and the right-ofway zones adjacent thereto shall be made by bodies of state power and administration of relevant
subjects of Russian Federation, as well as by local authorities in accordance with the legislation of
Russian Federation.
The procedure and terms of use of such slots of land shall be laid down by agreements between
relevant bodies of state power and administration and the organizations responsible for the operation
of the ground and other objects of space infrastructure.
4.
Activities involving the utilization of ground and other objects of space infrastructure by
organizations and citizens of Russian Federation outside the jurisdiction of any state shall be carried
out in accordance with this Law.
Such activities by organizations and citizens of Russian Federation within the territories, which are
under the jurisdiction of a foreign state shall be carried out in accordance with the legislation of this
state, unless it is contrary to this Law.
Article 19.
Space Flight Control
1.
Space flight control at all stages from the launching of a space object of Russian Federation to
completion of the flight shall be exercised by the organizations in charge of the ground and other
objects of space infrastructure.
2.
The launch and landing of space objects of Russian Federation shall be carried out in preset area
under an arrangement made with the appropriate bodies of state power and administration.
In case of accidents, including failures and crashes, while conducting space activity the landing of
space objects of the Russian Federation can be made in other regions with the notice of appropriate
bodies of a state authority and management.
3.
Manoeuvring of space objects in the air space of the Russian Federation is executed in view of the
requirements of the legislation, regulating use of the air space of the Russian Federation.
4.
The space object of a foreign state can execute a single innocent flight [passage?] through the air
space of the Russian Federation with the purpose to insert such an object into an orbit around the
Earth or further in outer space, as well as with the purpose to return it to the Earth under the condition
of advance noting of appropriate services of the Russian Federation about time, place, trajectory and
other conditions of such flight.
5.
The Russian Space Agency and the Ministry of Defence of the Russian Federation informs about
launching and landing of space objects of the Russian Federation appropriate bodies of a state
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authority and management of the Russian Federation, and in case of necessity - interested foreign
states and international organizations as well.
In case of launching, landing or terminating of existence of space objects of the Russian Federation
beyond its boundaries the appropriate services of the Russian Federation execute their functions as
agreed with competent bodies of the interested foreign states.
Article 20.
Cosmonauts and crews of piloted space objects
1.
Citizens of the Russian Federation, who expressed desire to participate in space flights and meet the
established professional and medical requirements, are selected for preparation and realization of
space flights on the basis of competition.
The order and conditions of competition shall be determined by the Russian Space Agency and the
Ministry of Defence of the Russian Federation with the participation of other customers of works in
creation and use of space technology and published in the press.
2.
The order of preparation cosmonauts, of formation of crews of piloted space objects and approval of
the flight program, as well as rights and responsibilities of cosmonauts, payment of their labour and
other conditions of their professional activity shall be determined by the contracts pursuant to the
legislation of the Russian Federation.
3.
The commander of a crew of a piloted space object of the Russian Federation can be nominated a
citizen of the Russian Federation.
The commander of a crew of a piloted space object of the Russian Federation shall be vested with all
completeness of authority, necessary for realization of the space flight, for management of crew and
other persons, participating in the flight.
The commander of a crew of a piloted space object of Russian Federation shall within the scope of
his authority bear responsibility for the fulfilment of the flight program, the safety of the crew and
other persons participating in the flight and the preservation of the space object and the property
within it.
4.
Russian Federation shall retain jurisdiction and control over any crew of a piloted space object
registered in it, during the ground time of such object, at any stage of a space flight or stay in outer
space, on celestial bodies, including extra-vehicular stay, and on return to the Earth, right up to the
completion of the flight program, unless otherwise specified in international treaties of Russian
Federation.
5.
Citizens of foreign states who take a space flight training course in Russian Federation or are
involved in a flight on a piloted space object of Russian Federation shall be obliged to observe the
legislation of Russian Federation, unless otherwise specified in international treaties of Russian
Federation
Article 21.
Personnel at the Ground and Other Objects of Space Infrastructure
1.
Personnel to be regarded as personnel at the ground and other objects of space infrastructure shall be
specialists performing duties in the sphere of testing, storage and operation of space technology, as
well as any other duties involving the provision of operational regime of the functioning of the
ground and other objects of space infrastructure.
2.
The functional duties of personnel at the ground and other objects of space infrastructure shall be
determined by the organizations in charged of the operation thereof.
Personnel at the ground and other objects of space infrastructure shall be subject to appraisal for
adequacy in the established professional standards.
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3.
The size of the pay and the additional material remuneration of personnel at the ground and other
objects of space infrastructure shall be established by the contracts of employment concluded with the
organizations using such objects.
The procedure of payment and personal equipment for personnel at the ground and other objects of
space infrastructure, which are in military service, shall be laid down in the appropriate legislation of
Russian Federation.
4.
Members of personnel at the ground and other objects of space infrastructure, whose professions are
connected with hazardous or harmful conditions of work, shall be given additional benefits in
accordance with the legislation of Russian Federation and the conditions of the appropriate contracts.
5.
Persons enlisted in the performance of space accident or disaster clean-up operations shall enjoy the
same privileges as attending to the ground and other objects of space infrastructure.
Section V. SAFETY of SPACE ACTIVITY
Article 22.
Ensuring Safety of Space Activity
1.
Any space activity shall be carried out with the observance of the safety requirements laid down by
the legislation of Russian Federation.
Overall guidance of the work to ensure the safety of space activity shall be laid down upon the
Russian Space Agency and the Ministry of Defence of Russian Federation.
Carrying out the safety measures in space activity shall be laid down upon the appropriate state
services, as well as upon the organizations and citizens that are engaged in carrying out such activity
The bodies of state power and administration of Russian Federation and of subjects of Russian
Federation, as well as organizations and citizens shall be obliged to take all necessary measures to
ensure safety of space activity.
The Russian Space Agency and the Ministry of Defence of Russian Federation upon request of
interested organizations and citizens shall provide the information on the threat arising while carrying
out space activity.
With origination of a threat to public safety and the environment the Russian Space Agency shall
immediately inform the appropriate bodies of state power and administration, as well as organizations
and citizens, about this.
Article 23.
Investigation of Space Incidents
1.
Incidents, including accidents and disasters, while carrying out space activity shall be subject to
investigation, the procedure of which shall be set in the legislation of Russian Federation.
2.
The manner of conducting and the substantiation of the results of an investigation of accidents,
including accidents and disasters, may be appealed against in courts of law.
Article 24.
Search-and-Rescue, Clean up of Accidents
1.
Search-and-rescue works, as well as clean-up of an accident while carrying out space activity shall be
accomplished by appropriate state services with the participation of bodies of state power and
administration of relevant subjects of Russian Federation, local authorities, organizations and
citizens.
2.
Clean-up of accidents while carrying out space activity shall consist of the restoration and
reconstruction of the industrial and other plants that have suffered as a result of the accidents,
necessary environmental measures and compensation for damage to relevant subjects of Russian
Federation, organizations and citizens.
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Article 25.
Insurance of Space Activity
1.
The organizations and citizens, which exploit space technology or to whose order the creation and use
of space technology in scientific and national-economy purpose is carried out, shall take compulsory
insurance coverage in the amount set by legislation of Russian Federation.
Compulsory insurance shall be affected against damage to the life and health of the cosmonauts and
the personnel at the ground and other objects of space infrastructure, as well as against property
damage to third parties.
Compulsory insurance premiums shall be transferred to the Russian Space Fund or other insurance
companies which have obtained a license for the insurance of space activity, and shall be used to
compensate for damage as a result of accidents while carrying out space activity on the basis of
contracts of insurance with organizations and citizens carrying out such activity.
2.
Organizations and citizens carrying out space activity may affect voluntary insurance of space
technology, as well as risks connected with such activity.
Section VI. INTERNATIONAL COOPERATION
Article 26.
International Obligations in the Field of Space Activity
1.
International treaties of Russian Federation on issues of space activity shall be subject to ratification
by the Supreme Soviet of Russian Federation.
2.
If rules are laid down in an international treaty ratified by the Supreme Soviet of Russian Federation
other than those contained in this Law and other legislative acts of Russian Federation governing
space activity, the rules of the international treaty shall pre-empt.
3.
Russian Federation shall ensure the fulfilment of the obligations it has assumed in the field of space
activity, and specially under the Treaty on Principles Governing the Activity of States in the
Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies.
4.
Russian Federation shall promote the development of international cooperation in the field of space
activity, as well as the solution of international legal problems that may arise in the exploration and
use of outer space.
Article 27.
The Legal Regime for Foreign Organizations and Citizens
1.
Foreign organizations and citizens carrying out space activity under the jurisdiction of Russian
Federation shall enjoy the legal regime established for organizations and citizens of Russian
Federation to the extent that such regime is provided by the appropriate state to organizations and
citizens of Russian Federation.
2.
The Russian Federation shall ensure the legal protection of the technologies and commercial secrets
of foreign organizations and citizens carrying out space activity under the jurisdiction of Russian
Federation in accordance with the legislation of Russian Federation.
Any other protection of the technologies and commercial secrets of foreign organizations and citizens
carrying out space activity under the jurisdiction of Russian Federation, that may be required shall be
provided on a reciprocal basis.
3.
Foreign organizations and citizens engaged in carrying out space activity under the jurisdiction of
Russian Federation shall effect the insurance of space technology and also risks involved in space
activity in the manner specified by this Law.
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Article 28.
The Legal Regulation of International Cooperation
1.
The organizations and citizens of Russian Federation involved in carrying international projects in the
field of space activity shall conclude agreements with foreign organizations and citizens in
accordance with the legislation of Russian Federation, unless otherwise specified in these agreements.
2.
In case of a conflict of the rules of the legislation of Russian Federation and that of a foreign state
applicable to space activity with the participation of organizations and citizens of Russian Federation,
the legislation of Russian Federation shall prevail, unless otherwise specified in international treaties
signed by Russian Federation.
Section VII. LIABILITY
Article 29.
Responsibility of Officials, Organizations and Citizens
State bodies and their officials, other organizations and their officials, as well as citizens guilty of violation
of this Law and other legislative acts governing space activity shall be held responsible in accordance with
legislation of Russian Federation.
Article 30.
Liability for Damage
1.
Russian Federation shall guarantee full compensation for direct damage inflicted as a result of
accidents while carrying out space activity in accordance with legislation of Russian Federation.
2.
Compensation for damage inflicted as a result of accidents while carrying out space activity shall be
paid by the organizations and citizens responsible for operation of the space technology involved.
If such damage is the result of errors committed at the creation and use of space technology, liability
for damages shall be partly of fully laid upon the appropriate organizations and citizens.
3.
Liability for damages inflicted by a space object of Russian Federation within the territory of Russian
Federation or outside the jurisdiction of any state, except outer space, shall arise regardless of the
fault of the inflictor thereof.
If in any place, apart from the Earth surface, damage has been inflicted on a space object of Russian
Federation or on property on board of such object by another space object, the liability of
organizations and citizens shall emerge with their being at fault and in proportion to their fault.
Should liability for damage inflicted by a space object of Russian Federation attach to several
organizations and citizens, the injured party may claim for a compensation to all such organizations
and citizens or to any of them.
In the latter case, the organization or the citizen that has indemnified for the damage shall have the
right of recourse against the correspondents, whose liability shall be apportioned according to the
degree of their fault, and if it is impossible to establish the fault - equally.
4.
The liability of organizations and citizens participating in the creation and use of space technology for
damage inflicted as a result of accidents while carrying out space activity shall be limited to the
amount of the insured sum or insurance indemnity provided in contracts of insurance of space
technology and risks involved in space activity.
If the insured sum or insurance indemnity is insufficient for compensation for the damage inflicted as
a result of accidents while carrying out space activity, recourse may be taken against the property of
relevant organizations and citizens in the manner specified in the legislation of Russian Federation.
The President of Russian Federation
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RESOLUTION No. 104 (2/02/1996) of the Government of the Russian Federation on
Statute on Licensing Space Operation
______________________________________________________________________________________
[UNOFFICIAL TRANSLATION]
1.
This Statute has been drafted in accordance with the Law of the Russian Federation "On Space
Operations," and resolution No 1418 of the RF Government dated 24 December 1994 "On Licensing
Individual Kinds of Activity," and establishes procedures for licensing space activities in the Russian
Federation for scientific and national economic purposes.
2.
Licensing of space operations in the Russian Federation has the purpose of state regulation with
regard to supporting national interests and security, observance of legislation in effect and the
international obligations of the Russian Federation with respect to studying and using outer space,
development of the space services market, and protection of the interests of its users.
3.
Space operations subject to licensing are those of legal entities regardless of their organizational and
legal form, and of individual entrepreneurs of the Russian Federation, and also space operations of
foreign citizens and organizations when carried out under the jurisdiction of the Russian Federation.
Space operations subject to licensing include the making (encompassing production and testing) of
space-rocket complexes and their component parts, storage, readying for launch, launching and
utilizing space vehicles, and also the control of space missions.
4.
In the Russian Federation, the Russian Space Agency issues licenses for space operations for
scientific and national economic purposes.
5.
To obtain a license, the applicant shall submit to the Russian Space Agency:
(a) an application for granting of a license with indication of: for legal entities: their name,
organizational and legal form, legal address, account number and name of bank; for sole proprietors:
last name, first name, patronymic, identity card information (series, number, when and by whom
issued), place of residence; type of activity; effective time of license;
(b) copies of constitutive documents, and unless they are notarized, with presentation of originals;
(c) a copy of the state registration of the legal entity;
(d) a document confirming payment for examining the application;
(e) tax agency certification of registration or a certificate of state registration of an individual as a sole
proprietor with tax agency seal;
(f) permit of the State Committee for Radio Frequencies affiliated with the RF Ministry of
Communications for using frequency bands to develop and/or operate electronic satellite equipment
(when licensing operations involving the development and use of satellite communications
equipment);
(g) applicant's guarantee that foreign satellite equipment put into orbit by Russian launch facilities
will be entered in the national register of the equipment's proprietor nation;
(h) documents confirming the safety of space operations (including ecological, fire and explosion
safety) and the reliability of space equipment;
(i) a license as stipulated by article 27 of the RF Law "On State Secrecy."
6.
Foreign legal entities and sole proprietors acting as a client or co-executor of operations, in addition
to applications and registration documents confirming performance of their operations under the
jurisdiction of the Russian Federation, shall submit:
(a) a contract between the client and the chief executor of the operations;
(b) documents confirming the safety of the stated type of activity and the reliability of the equipment
to be used;
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(c) a copy of a national license granting the right to be engaged in space operations (if such provision
is made by the respective national legislation);
(d) proofs of financial reliability guaranteeing realization of the stated type of space operations.
7.
Following submission of the documents specified in items 5 and 6 of this Statute, the Russian Space
Agency when necessary shall organize additional expert examination of the stated type of space
operations.
8.
On the stage of additional expert examination of the stated type of space operations, the Russian
Space Agency may require from a Russian or foreign applicant engineering (design) materials
confirming the feasibility of the stated type of space operations.
Requiring the applicant to submit other documents not stipulated by this Statute shall be prohibited.
9.
All documents submitted for obtaining a license shall be registered by the Russian Space Agency.
10.
A license for the stated type of space operations shall be granted under condition of:
(a) submission of the complete set of documents specified in items 5 and 6 of this Statute;
(b) an affirmative conclusion of the expert commission (in case additional expert examination has
been done).
11.
In accordance with the results of examination of submitted documents and expert conclusion, the
Russian Space Agency shall make a decision to grant (or deny) a license for the stated type of space
operations.
12.
The decision to grant or deny a license shall be made within 30 days of receipt of the application with
all necessary documents.
In the case where additional expert examination is needed, the decision shall be made within 15 days
after receiving the expert conclusion, but not later than 60 days after submission of the application
with necessary documents.
In isolated cases, depending on the complexity and volumes of materials subject to expert evaluation,
the time of making a decision to grant or deny a license may be additionally extended by as much as
30 days by the director general of the Russian Space Agency.
13.
Licenses are issued for a period of not less than three years.
Licenses may be granted for a period of less than three years at the request of the person making
application. Extension of the effective time of the license shall be done by the procedure established
for obtaining it. A separate license is granted for each type of space operations.
14.
The license shall be signed by the director general of the Russian Space Agency (in his absence, by
the deputy director general) and witnessed by a seal.
15.
License forms shall provide with safeguards on the level of securities for the bearer. They are
documents of strict accountability, and have an accounting series and number. Acquisition,
accounting and storage of license forms shall be done by the Russian Space Agency.
16.
Notification of license denial is sent to the applicant in written form within three days of making the
corresponding decision with indication of the reasons for denial.
Grounds for license denial are: false information or misrepresentations in documents submitted by the
applicant; a negative conclusion by the expert commission.
17.
A license shall be issued after the applicant has submitted a document confirming payment.
18.
Additional, including independent, expert evaluation is conducted in the case where the stated type of
space operations is not included in Russia's Federal Space Program, or when commercial space
projects are to be carried out.
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19.
The additional expert evaluation shall be conducted by science organizations or independent experts
on a contractual basis on the instructions of the Russian Space Agency.
20.
The time of conducting the expert evaluation shall be not more than 30 days from the data of
submission of the application with all necessary documents. In isolated cases, depending on the
complexity of the stated type of operations, the time of conducting expert evaluation may be extended
as much as another 30 days by the Russian Space Agency, but within the time limits established in
item 12 of this Statute.
The expert conclusion shall be signed by the supervisor of a science organization or by the director of
a creative team of independent experts, and submitted in accordance with a deed of delivery and
acceptance of the Russian Space Agency.
21.
General provisions: the license is valid only for the type of space operations indicated therein; the
licensee shall have no right to transfer or sell the license to another.
When a legal entity is dissolved, or when the certificate of state registration of an individual
proprietor is no longer in effect, the license granted to him loses its legal validity.
In the case of reorganization, a change of name of the legal entity, a change of identity card
information of a sole proprietor, or if the license is lost, the licensee is obligated to apply for reissue
within 15 days.
Application for reissue shall be done by the procedure established for obtaining a license.
Until a license is reissued, the licensee shall continue operations based on the previously issued
license, and in case the license has been lost, on the basis of a temporary permit granted by the
Russian Space Agency.
22.
In the process of licensing the stated type of space operations, the Russian Space Agency shall:
disinterestedly examine applications of legal entities and sole proprietors for the right of obtaining a
license; meet the requirements of this Statute; monitor the licensed operations; give the licensee a 3day notice of license suspension or annulment; enter in the "Conditions for Conducting Space
Operations" field on the license form any modifications stemming from newly assumed obligations of
the Russian Space Federation.
23.
The licensee shall: meet the general and special conditions of the license throughout its effective
period; allow persons designated by the Russian Space Agency to verify the conditions of use of the
license for the space operations indicated therein; report to the Russian Space Agency cessation of the
stated type of space operations; return the license and cease the type of space operations permitted by
this license based on a decision of the Russian Space Agency; reply in written form to queries of the
Russian Space Agency relative to the stated type of operations.
24.
The Russian Space Agency shall have the right:
(a) to query the licensee about observance of the conditions of the license;
(b) to require that the licensee at the time of readying for launch be able to produce a certificate of
conformance of the space facilities and insurance policy to the mandatory insurance of space
operations in accordance with legislation of the Russian Federation;
(c) to carry out verification monitoring of licensee operations with respect to meeting the conditions
of the license;
(d) to shut down operations of readying for launch, or other operations at the site of conducting space
operations if: carrying them out threatens the health and safety of people, and also the state interests
and security of the Russian Federation; operations are being conducted without a license, or in
violation of the conditions of its use.
25.
The Russian Space Agency shall suspend or annul license coverage in cases of: failure of the licensee
to comply with instructions or orders of state agencies, or discontinuance of operations of a legal
entity, as well as of a sole proprietor, in conformance with the laws of the Russian Federation;
discovery of false data in documents submitted for obtaining a license; dissolution of a legal entity or
cessation of coverage of the certificate of state registration of a sole proprietor; violation by a licensee
of the conditions of license coverage; submission of the corresponding application by a licensee.
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26.
A decision to suspend or annul a license shall be reported to the licensee and to agencies of the State
Tax Service of the Russian Federation in written form within three days after such a decision is made.
27.
The Russian Space Agency shall keep a register of issued, suspended and annulled licenses.
28.
The applicant's fee for examining an application for issuance of a license and the fee for granting the
license shall be determined on the basis of corresponding expenditures for the following: examining
and recording the license application, and organizing work of the expert committee (in case of
additional expert evaluation of the stated type of activity); conducting expert evaluation and preparing
the expert conclusion; drawing up and recording the license, entering it in the database, maintaining
the information database;
29.
The fee for examining the application and granting the license shall go to the income of the federal
budget.
30.
The fee for examining the application is not refundable to the applicant in the case of license denial
based on the results of expert evaluation.
31.
The procedure for determining the fee for examining the application and granting the license for the
stated type of space operations shall be established by the Russian Space Agency by agreement with
the RF Ministry of Finances and the RF Ministry of Economics.
32.
Funding of disbursements of the Russian Space Agency that are associated with carrying out
licensing of space operations shall be provided within the limits of monies allocated by the Russian
Space Agency for maintaining its central apparatus.
33.
Parties guilty of carrying out space operations without a license or in violation of the conditions of its
use shall bear responsibility under the system established by legislation of the Russian Federation.
34.
Russian Space Agency executives and officials empowered to conduct licensing operations bear the
responsibility for violation or improper performance of established procedure in conducting licensing
operations in accordance with the legislation in effect.
35.
The decisions and actions of the Russian Space Agency, which is empowered to license space
operations, are subject to appeal by established procedure.
Resolution No 104 of Russian Federation Government dated 2 February 1996, Moscow: "On Ratification of
Provisions for Licensing Space Operations." The Government of the Russian Federation resolves: to ratify
the proposed statute on licensing of space operations.
[signed] Russian Federation Government
Chairman V. Chernomyrdin.
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RESOLUTION No. 422 of the Government of the Russian Federation on Measures
to Fulfil the Russian Federal Space Program and International Space Agreements.
[UNOFFICIAL TRANSLATION]
Government of the Russian Federation 12 April 1996
In order to further space activity and international cooperation in this area, the Government of the Russian
Federation resolves:
1.
To note that jointly with the Russian Academy of Sciences, the Russian Federation Ministry of
Defense, the Russian Federation Ministry of Communications, the Russian Federation Ministry of
Foreign Affairs and other federal bodies of executive government, the Russian Space Agency
successfully fulfilled the Mir-Shuttle Russian-American manned spaceflight program and other
projects planned under the Russian Federal Space Program and initiated the work of creating an
international space station.
2.
To approve the work schedule for 1996 under the Mir-NASA program foreseen by the Agreement
Between the Russian Federation and the United States of America on Cooperation in Peaceful
Exploration and Exploitation of Space, signed during the Sixth Session of the Russian- American
Commission on Economic and Technological Cooperation, and foreseeing: launching and docking of
Soyuz-TM manned spacecraft with the Mir orbiting station in July and December 1996; launching
and docking of the Priroda special-purpose module with the Mir orbiting station in April 1996;
launching and docking of Progress-M transport spacecraft with the Mir orbiting station in April, June,
July and October 1996; docking of the American Shuttle reusable spacecraft with the Mir orbiting
station in March, August and December 1996.
3.
That jointly with the Russian Academy of Sciences, the Russian Federation Ministry of Defense, the
Russian Federation Ministry of Finance, the Russian Federation Ministry of Economics and other
interested federal bodies of executive government, the Russian Space Agency shall take the necessary
steps to ensure fulfilment of the Russian federal program and international space agreements in 1996.
To treat prompt and high-quality fulfilment of work under the Mir-NASA and Mars-96 international
space programs and the efforts to create the international space station as a task of special state
importance. To take under advisement that in order to complete these projects, the Russian Space
Agency will attract additional resources by concluding international contracts to transport
representatives of foreign countries to the Mir orbiting station.
4.
To approve the attached schedule for the financing of the expenses of the Russian Space Agency on
the Russian Federal Space Program in 1996.
That the Russian Space Agency shall additionally conclude state contracts (agreements) to complete
scientific research and experimental design work in 1996, and to purchase series-manufactured
equipment under the Russian Federal Space Program amounting to 1,110 billion rubles [R] over and
above resources foreseen by Decree No 227-15, 2 March 1996 of the Government of the Russian
Federation, and within the limits of appropriations foreseen for the Russian Space Agency by articles
16 and 17 of the Federal Law "On the Federal Budget for 1996."
To grant the Russian Space Agency permission to attract specific-purpose credits from commercial
banks (banking consortiums) under the guaranty of the Russian Federation Ministry of Finance in
1996 for the purpose of ensuring continuity of financing of developments and production of space
equipment under the Russian Federal Space Program, for a term of not less than 3 months and in the
amount of R700 billion, including R200 billion in March and R200 billion in the second quarter of
1996, according to procedure established by Decree No 227-15, 2 March 1996 of the Government of
the Russian Federation.
To establish that the Russian Federation Ministry of Finance shall use resources foreseen by the 1996
federal budget for the Russian Space Agency to repay credits from commercial banks (banking
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consortiums) attracted to finance development and production of space equipment under the Russian
Federal Space Program in 1996, and interest on them. That the Russian Federation Ministry of
Economics and the Russian Space Agency shall submit, to the Government of the Russian Federation
within a week's time by the established procedure, proposals on updating state orders for 1996 under
the Russian Federal Space Program.
5.
That beginning in 1997, in drafting the federal budget, the Russian Federation Ministry of Finance
and the Russian Federation Ministry of Economics shall foresee allocation of specific-purpose credits
to the Russian Space Agency for maintenance of facilities of the Baykonur Cosmodrome, the Russian
State Scientific Research and Testing Center for Cosmonaut Training imeni Yu. A. Gagarin, and
scientific research vessels.
That resources allocated to the Russian Space Agency in 1996 to maintain and operate facilities of the
Baykonur Cosmodrome in the form of subsidies for the maintenance of the infrastructure of the city
of Leninsk shall be considered when forming the basic indicators taken into account in budget
calculations.
6.
That beginning in 1997 the Russian Federation Ministry of Economics shall foresee capital
investments into reconstruction and re-equipment of facilities of the Baykonur Cosmodrome and the
Russian State Scientific Research and Testing Center for Cosmonaut Training imeni Yu. A. Gagarin,
in its calculations of expenses on the Russian Federal Space Program when preparing drafts of the
federal budget.
7.
To agree with the proposal of the Russian Federation Ministry of Economics, the Russian Federation
Ministry of Finance and the Russian Space Agency to apply a reduction factor of 0.2 to actual
depreciation in 1996 when calculating wear (depreciation deductions) of fixed capital (including the
unique testing base) of scientific organizations and enterprises administered by the Russian Space
Agency, of the main developing enterprises, and of manufacturers of rocket and space equipment.
8.
To recognize as no longer effective the second paragraph of item 1 of Attachment No 1 to Decree No
1282, 11 December 1993 of the Council of Ministers and Government of the Russian Federation "On
State Support of Space Activity in the Russian Federation" (SOBRANIYE AKTOV PREZIDENTA I
PRAVITELSTVA ROSSIYSKOY FEDERATSII, No 51, 1993, Article 4992).
9.
That the Russian Federation Ministry of Economics and the Russian Federation Federal Energy
Commission shall consider, within a month's time, proposals of the Russian Space Agency regarding
the list of enterprises and organizations participating in the Russian Federal Space Program to be
supplied fuel and energy resources without limit or cessation, and submit them to the Government of
the Russian Federation.
10.
That jointly with the Russian Federation Ministry of Finance, the Russian Federation Ministry of Fuel
and Power Engineering and the Russian Space Agency, the Russian Federation Ministry for
Cooperation With Member States of the CIS shall submit, within a month's time to the Government
of the Russian Federation, proposals on the procedure for reimbursable payment by the Russian
Federation and the Republic Kazakhstan for electric power used by the Baykonur complex, and to
resolve the matter of paying off the amount owed by the Baykonur complex to the Republic of
Kazakhstan for electric power in 1994-1995.
11.
That jointly with the Russian Federation Ministry of Defense, the Russian Federation Ministry of
Finance and the Russian Federation Ministry of Economics, the Russian Space Agency shall submit,
within 3 month's time to the Government of the Russian Federation, proposals on improving
operation of the Baykonur Cosmodrome and on the procedure for maintaining, after 1 January 1997,
the special military contingent foreseen by Edict No 2005, 24 October 1994 of the President of the
Russian Federation "On Organizing Further Use of the Baykonur Cosmodrome in the Interests of the
Russian Federation's Space Activity."
[signed] Chairman of the Government of the Russian Federation V. Chernomyrdin
181
REGULATIONS of The Russian Space Agency
RESOLUTION No. 468
[UNOFFICIAL TRANSLATION]
GOVERNMENT OF RUSSIAN FEDERATION
RESOLUTION of May 15, 1995
N 468 Moscow
About approval of the "Regulations of the Russian Space Agency"
The Government of the Russian Federation resolves:
1.
To approve the attached "Regulations of the Russian Space Agency".
2.
To declare the Resolution of the Council of Ministers - the Government of the Russian Federation of
March 25, 1993 N 250 "On approval of the "Regulations on the Russian Space Agency" (the
Collections of Acts by the President and the Government of the Russian Federation, 1993, 14,
art.1181) invalid.
The Chairman of the Government of the Russian Federation
V.CHERNOMYRDIN
Approved by the Resolution of the Government of the Russian Federation on May 15, 1995
Regulations of the Russian Space Agency
1.
The Russian Space Agency (RSA) is a federal body of executive power, which ensures
implementation of the state policy in the field of research and use of outer space for peaceful
purposes, and fulfilment of the Federal Space Program of Russia. The Russian Space Agency is a
state customer for space technology of scientific and economic destination, as well as a co-customer
for space technology used both for scientific and economic and also for purposes of defense and
security of the Russian Federation, acting in conjunction with relevant federal bodies of executive
power, bodies of executive power of the subjects the Russian Federation, bodies of local selfgoverning.
2.
In its activity the Russian Space Agency acts in accordance with the Constitution of the Russian
Federation, federal laws, decrees and orders of the President of the Russian Federation, resolutions
and orders of the Government of the Russian Federation, as well as with the present Regulations.
3.
The main tasks of the Russian Space Agency are:
(1)
pursuing the state policy in research and use of outer space in peaceful purposes;
(2)
working out together with the Ministry of Defense of the Russian Federation, the Russian
Academy of Sciences, other ministries, departments and organizations concerned, submitting
to the Government of the Russian Federation a project of the Federal space program of Russia,
state defense order on rocket-and-space technology (in conjunction with the Ministry of
Defense of the Russian Federation and other ministries in part related thereto), bringing them
to correspondent enterprises and organizations
(3)
execution of the duties of the general customer on the development of space systems,
complexes and means of scientific and economic destination, including those concerning
objects of the ground space infrastructure;
(4)
ensuring jointly with the Ministry of Defense of the Russian Federation compilation,
placement and implementation of a state defense order, scientific research and experimental
design works on rocket and space technology of different destination at enterprises and
organizations which are under the management of the Russian Space Agency;
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(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
4.
development together with interested ministries and departments of scientific research and
testing base of cosmonautics, creation of scientific technical and technological background for
improving of rocket and space technology;
ensuring together with the Ministry of Defense of the Russian Federation launches of
spacecraft of scientific and economic destination and control over them;
organization of works to perform piloted space flights, as well as to select and train
cosmonauts;
cooperation with corresponding bodies of the states - members of the Commonwealth of
Independent States and other foreign states in the field of research and use of outer space
within its competence;
organization and coordination of works on commercial space projects and assistance in their
accomplishment;
forming and ensuring the implementation of the state scientific technical and industrial policy
in the field of rocket-and-space technology , elaborating and promoting the fulfilment of the
program of development, conversion and structural reforming the rocket-and-space branch;
composing, deploying and ensuring the implementation of the plan of the works to develop
and use space technology in scientific and economic purposes, including works on
international space projects, as well as procurement and delivery the space technology for the
fulfilment of the federal space program of Russia in the established way;
promoting the elaboration and implementation of mobilization plans and tasks, measures of
civil defense , plans to collect and replenish material resources of mobilization reserves at the
enterprises of the rocket-and-space branch;
ensuring the fulfilment of works on warranty control, industrial utilization and destroying
military rocket and space technology , being put out of operation, which are made at the
enterprises of the Russian Space Agency;
introducing new efficient forms of training and retraining personnel under the conditions of
conversion and structural reforming of industries;
ensuring industrial and ecological safety at the enterprises and organizations, which are under
the management of the Russian Space Agency;
issuing licenses for conducting space activities;
organization of certifying space technology of scientific and economic destination.
In accordance with the assumed tasks the Russian Space Agency:
(1)
organizes comprehensive researches on substantiating the main directions of the development
of rocket-and-space technology of different destination and on determining their tactical and
technical parameters;
(2)
determines together with ministries, departments and organizations concerned the priority
scientific research and experimental design works, volumes of purchases and deliveries of
space technology, capital investments for the fulfilment of the Federal space program of
Russia, participates jointly with Ministry of Defense of Russian Federation in analogous
works, which are conducted in the purpose of fulfilling a long-term program of creation and
use of space technology of military destination and state defense order;
(3)
prepares on the basis the Federal Space Program of Russia and submits to the Ministry of
economics of the Russian Federation and the Ministry of Finance of the Russian Federation
the proposals on the budget of the Russian Space Agency for a coming year;
(4)
ensures consideration of a project of the Federal Space Program of Russia and a project of the
budget application of the Russian Space Agency for a coming year at the Interdepartmental
expert commission on space and organizes further consideration of these projects taking into
account the recommendations of the Commission;
(5)
issues coordinated with ministries and departments concerned, the technical assignments for
scientific research and design engineering works, the customer of which is the Russian Space
Agency;
(6)
ensures together with ministries and departments concerned the implementation of scientific
research and design engineering works on space technologies of scientific and economic
destination, buys it and together with the Ministry of Defense of the Russian Federation
ensures the operation of this technologies;
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(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
finances capital construction of ground objects of space infrastructure of civil purposes and
together with the Ministry of Defense of the Russian Federation those of dual purpose (under
shared financing) and also the objects of ground experimental base and objects of the
enterprises and organizations, which are under the management of the Russian Space Agency,
in accordance with the Federal Space Program of Russia, the long-term program of
development and use of space technology of military destination, state defense order;
works out proposals on shared financing of scientific research, experimental and design
engineering works on rocket-and-space technology of different destination;
works out the annual plan of launchings of space vehicles of scientific, economic and dual
destination in conjunction with the ministries, departments and organizations concerned, and
approves it together with the Ministry of Defense of the Russian Federation;
submits proposals on adoption for operation of scientific and economic space systems and
complexes, coordinated with the Ministry of Communications of the Russian Federation and
other ministries and departments concerned, to the Government of the Russian Federation;
submits proposals on adoption for operation and armament of space systems, complexes and
rocket complexes of dual destination, where the Russian Space Agency and this Ministry acts
as state customers, together with the Ministry of Defense of the Russian Federation, to the
Government of the Russian Federation;
adopts space civil facilities (except space systems and complexes) for operation coordinated
with the Ministry of Defense of the Russian Federation;
ensures forestalling elaboration of new technologies, materials and scientific and technical
background for the development of perspective samples of rocket and space technology
together with the Ministry of Defense of the Russian Federation;
in accordance with the legislation in force approves normative-technical documents
determining the order of development, tests and operation of space technology obligatory for
execution by all enterprises and organizations participating in the realization of the Federal
Space Program of Russia, the long-term program of development and use of space technology
of military destination and state defense order, together with the Ministry of Defense , the
State Committee of the Russian Federation on defense branches of industry and upon
coordination with other ministries and departments concerned;
ensures maintenance and development of cosmodromes, flight control centres, commandtelemetry complexes and other ground-based objects of space infrastructure used for the
realization of the Federal Space Program of Russia, annual plans of launchings and flights of
space vehicles of different destination, together with the Ministry of Defense of the Russian
Federation on a shared basis, with other interested ministries and departments;
ensures maintenance and development of the objects of ground experimental base which is
necessary for mastering of space technology;
works out proposals on issues of safety, pursues at the enterprises and organizations, which are
under the management of the Russian Space Agency, a single policy in the sphere of state
secrets protection and preservation of commercial secrets;
participates in organization of works on the use of strategic missiles systems to be reduced and
eliminated, as launchers of various civil space devices together with the Ministry of Defense
of the Russian Federation and other ministries and departments concerned;
forms coordination councils on directions of the development of space technology for peaceful
purposes subject to conciliation with the ministries and departments concerned;
attracts non-budget financial resources for the realization of the Federal Space Program of
Russia and for the accomplishment of other works related to the competence of the Russian
Space Agency in accordance with the present Regulations;
according to the established procedure concludes treaties with foreign partners on the
accomplishment of international space programs and projects (including those on a
commercial basis) to be realized under financial or other support of the Russian Federation;
keeps contacts with corresponding bodies of the countries-members of the Commonwealth of
Independent States for realization of the Agreement on Joint Activities in the Exploration and
Uses of Outer Space in Peaceful Purposes;
ensures the realization of international obligations of the Russian Federation in the field of
space activity, the development of mutually beneficial cooperation with organizations of
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(28)
(29)
(30)
(31)
(32)
(33)
(34)
(35)
(36)
(37)
(38)
(39)
(40)
foreign countries, together with the Ministry of Defense of the Russian Federation, State
Committee the Russian Federation on defense branches of industry and other ministries and
departments concerned;
conducts negotiations to conclude international agreements in the field of exploration and uses
of outer space for peaceful purposes, together with the Ministry of Foreign Affairs of the
Russian Federation and other ministries and departments concerned;
within the limits of its competence concludes international agreements with corresponding
organizations of foreign countries;
represents the Russian Federation in the Inter-state space council of the Commonwealth of
Independent States;
keeps up the Register of space objects of the Russian Federation, presents the information
about space objects launched in Russia to the United Nations Organization;
participates in preparation of standards on issues of development and operation of space
technology, as well as normative documents on safety requirements during the development,
tests and operation of civil space technology;
accomplishes public information ensuring, organizes rocket-and-space technology shows,
preparation and publication of scientific and technical literature on cosmonautics together with
the ministries and departments concerned;
works out projects of legislative and other normative acts regulating activity on the exploration
and uses of outer space, together with the Ministry of Defense of the Russian Federation and
other ministries and departments concerned;
acquires, leases, sales, constructs, reconstructs and operates space and other civil and dual
purpose technology (including spacecraft and carrier-rockets) buildings and facilities, other
property, acquires patents, licenses, "know-how";
concludes agreement (contracts) on the fulfilment of basic researches, scientific, experimental,
design engineering and technological works, works connected with operation of space
technology, launching of space vehicles, maintenance and development of the ground space
infrastructure and experimental base, capital constructions and the fulfilment of other tasks
assigned to the Russian Space Agency;
within the limits of its competence represents the Russian Federation in international
organizations acting in the field of exploration and uses of outer space;
conducts state regulation and coordination of the activities of enterprises and organizations on
research, development, production and delivery of rocket-and-space technology of different
destination, as well as on rendering services in the field of space activities to foreign
organizations and firms;
participates together with the Ministry of Defense of the Russian Federation, other ministries
and departments concerned in elaborating proposals on the insurance of defense capability the
Russian Federation and control over the fulfilment of international treaties with the use of
space means;
promotes the elaboration and implementation of mobilization plans and tasks, measures of
civil defense , plans to collect and replenish material resources of mobilization reserves with
the aim to ensure a stable functioning of enterprises and organizations of the rocket-and-space
branch in emergency period and under martial law;
elaborates and conducts the technical policy, aimed at ensuring healthy and safe labour
conditions at the enterprises and organizations, which are under the management of the
Russian Space Agency;
exercises within its competence control over using the budgetary means, conversion and
investment credits, means of non-budget fund, as well as elaborates and submits, subject to the
established procedure, proposals on formulation and implementation of tax, financial, credit,
price policy and on other questions connected with scientific and production, social and
economic activities of the enterprises and organizations of the rocket-and-space branch;
participates in elaboration and implementation of privatization program, in stimulating
entrepreneurial activities and competition;
promotes in conjunction with the interested ministries, departments, enterprises and
organizations marketing investigations, elaborates long-term and short-term prognosis of the
developments of the rocket-and-space branch;
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undertakes the expertise and approve projects of construction, enlargement and technical reequipment of the enterprises and organizations, which are under management of the Russian
Space Agency;
undertakes measures for legal protection of objects of intellectual property and also represents
the state interests while solving issues of using such objects, created at the expense of the
federal budget.
5.
The Russian Space Agency is granted with the rights:
(1)
to request and obtain from federal bodies of executive power, enterprises and organizations the
information necessary for the fulfilment of the tasks assumed thereon;
(2)
to issue within its competence and subject to the procedure established by the legislation in
force, normative acts and to exercise control over their observance;
(3)
to exercise control over the stipulated and efficient using by the subordinate enterprises and
organizations of budgetary means allocated to them;
(4)
to publish bulletins and other scientific and technical materials on rocket-and-space themes;
(5)
to open foreign offices, according to the established procedure;
(6)
to enlist experts for caring out consultations, preparation and consideration of corresponding
questions on a contractual basis, to form provisional creative collectives and working groups
for solution of some scientific-and-technical issues;
(7)
to perform foreign economic activities according to the procedure established by the
legislation;
(8)
in accordance with established procedure, to send employees of the Russian Space Agency to
official trip abroad and to receive foreign specialists at the Russian Space Agency for
resolution of issues connected with their activities;
(9)
to perform international telephone, telex and facsimile communications according to the
established procedure for the solution of the tasks the Russian Space Agency.
6.
The Russian Space Agency possess exclusive rights to use and dispose scientific and technical
products and "know-how" in the field of space technology created in accordance with the agreements
concluded by the Russian Space Agency (if agreements do not envisage otherwise) and also products
and "know-how" created before as a scientific and technical background on space technology of
scientific and economic destination.
7.
The Russian Space Agency is headed by a Director General to be appointed and relieved by the
President of the Russian Federation with the submission of the Chairman of the Government of the
Russian Federation.
8.
Deputies of the Director General are appointed and relieved by the Government of the Russian
Federation. Distribution of duties between the deputies is exercised by the Director General.
9.
The financing of Russian Space Agency staff is accomplished at the expense of federal budget to be
used for up keeping of central bodies of the federal executive power of the Russian Federation.
10.
The General Director of the Russian Space Agency:
(1)
directs activities of the Agency;
(2)
bears personal responsibility for implementation by the Agency of tasks charged with, sets up
a degree of responsibility of its deputies and leaders of agency structural divisions for
directing separate spheres of its activities and work of subordinate organizations and
enterprises;
(3)
approves structure, staff composition and regulations on the agency's structural divisions;
(4)
appoints and relieves leaders of structural divisions and other employees of the central staff of
the Russian Space Agency;
(5)
appoints and relieves chiefs of enterprises and organizations, which are under the management
of the Russian Space Agency;
(6)
within the limit of its competence and in accordance with acting legislation independently and
when it is necessary together or subject to conciliation with other ministries and departments
186
(7)
of the Russian Federation, issues orders and instructions obligatory for execution by the
enterprises and organizations, which are under the management of the Russian Space Agency;
establishes decorations of the Russian Space Agency and rewards the employees of
organizations and enterprises, which are under the management of the Russian Space Agency,
as well as other persons, who actively participated in development of space technology and in
works on exploration and use of outer space.
11.
A board, comprising the Director General (chairman), his deputies’ ex-officio and also other leading
employees of the Agency, is formed in the Russian Space Agency.
Members of the board of the Russian Space Agency, except persons included into the staff due to
their duty, shall be nominated by the Government of the Russian Federation.
12.
The board of the Russian Space Agency considers at its sessions the most important questions of
provision of the works in the field of exploration and uses of outer space, of Agency activities and
functioning of its structural divisions, of selection, arrangement and mastering of staff, social-andeconomic development of the organizations and enterprises of the Agency and also other problems
concerning its competence. Decisions of the board are put into practice by the orders of the Director
General of the Russian Space Agency.
13.
To pursue a single technical policy while creating space systems and complexes, working out
recommendations on taking account of modern achievements of science and technology s while
developing, testing and operation of perspective space equipment, a scientific and technical council is
formed at the Russian Space Agency. Members of the council include: leading employees, scientists,
designers, highly skilled specialists of the Agency, the State Committee of the Russian Federation on
defense branches of industry, the Russian Academy of Sciences, the Ministry of Communications of
the Russian Federation, the Ministry of Defense of the Russian Federation, other central bodies of
federal executive power concerned and also of enterprises and organizations of rocket-and-space
industry, representatives of public organizations and independent experts. The staff of the scientific
and technical Council and the regulations thereof are approved by the General Director of the Russian
Space Agency.
14.
The Russian Space Agency has its current and other banking accounts.
15.
The Russian Space Agency is a legal entity and has its seal with the picture of the Russian Federation
State insignia and with its appellation.
187
SOUTH AFRICA
SPACE AFFAIRS ACT (South Africa, 1993)
Statutes of the Republic of South Africa - Trade and Industry No. 84 of 1993
(Assented to 23 June 1993) (Date of Commencement: 6 September, 1993) (Afrikaans text signed by the
State President)
ACT
To provide for the establishment of a Council to manage and control certain space affairs in the Republic; to
determine its objects and functions; to prescribe the manner in which it is to be managed and controlled; and
to provide for matters connected therewith.
1. Definitions.
In this Act, unless the context otherwise indicates "board of inquiry" means a board established under section 9
"Council" means the South African Council for Space Affairs established by section 4;
"data" includes any data or information of a technical or other nature as well as blueprints, diagrams, plans,
models, formulae, engineering designs, specifications, manuals and instructions, whether written or recorded
by means of any electronic, magnetic or optical process;
"Department" means the Department of Trade and Industry;
"Director-General" means the Director-General of the Department;
"dual-purpose technologies" means space technologies which can contribute to the proliferation of
weapons of mass destruction;
"facility" means any place, premises, structure or installation designed, adapted or equipped for the
performance of any space or space-related process or activity;
"government institution" means any (a) body or company established by or under any law; or
(b) other institution or body recognized by the Minister by notice in the Gazette;
"inspector" means any person appointed under section 10;
"launching" means the placing or attempted placing of any spacecraft into a sub- orbital trajectory or into
outer space, or the testing of a launch vehicle or spacecraft in which it is foreseen that the launch vehicle will
lift from the earth's surface;
"launch vehicle" means any device manufactured or adapted to launch a spacecraft;
"licence" means a licence issued under section 11;
"licensee" means any person who is the holder of a licence;
"Minister" means the Minister of Trade and Industry;
"outer space" means the space above the surface of the earth from a height at which it is in practice possible
to operate an object in an orbit around the earth;
"premises" means any place where any facility, installation or structure is situated or being erected, and
where any space or space-related activity is performed or the performance thereof is contemplated;
"prescribed" means prescribed by regulation;
"regulation" means any regulation made under this Act;
"space activities" means the activities directly contributing to the launching of spacecraft and the operation
of such craft in outer space;
"spacecraft" means any object launched with the purpose of being put and operated in outer space;
"space industry" means any industry utilizing space technologies;
188
"space-related activities" means all activities supporting, or sharing mutual technologies with, space
activities;
"space technologies" means technologies specifically developed with a view to, or which are related to, or
are utilized in, space activities;
"suborbital trajectory" means the trajectory of any object which leaves the surface of the earth due to a
launch, but returns to the surface of the earth without completing an orbit around the earth;
"technological assets" means any capital assets, patents, designs, data, equipment and computer software
specifically related to space technologies;
"this Act" includes any regulation;
"weapons of mass destruction" means weapons of mass destruction as defined in the Non-Proliferation of
Weapons of Mass Destruction Act, 1993.
2. Determination of policy.
1.
2.
3.
Subject to subsection (2), the Minister may, by notice in the Gazette, determine the general policy to
be followed with a view to a. meeting all the international commitments and responsibilities of the Republic in respect of the
peaceful utilization of outer space, in order to be recognized as a responsible and trustworthy
user of outer space; and
b. controlling and restricting the development, transfer, acquisition and disposal of dual-purpose
technologies, in terms of international conventions, treaties and agreements entered into or
ratified by the Government of the Republic.
The policy contemplated in subsection (1) shall be determined by the Minister after consultation with
the Council and with the concurrence of a. each Minister charged with the administration of any law which in the opinion of the Minister
relates to space affairs; and
b. the Minister of State Expenditure.
Subject to subsection (2), the Minister may at any time by like notice substitute, withdraw or amend
the policy determined in terms of subsection (1).
3. Compliance with policy.
Each Minister upon whom, or government institution upon which, any power has been conferred or to whom
or which any duty has been assigned in connection with space affairs by or under any law, shall exercise
such power and perform such duty in accordance with the policy determined in terms of section 2.
4. Establishment of South African Council for Space Affairs.
There is hereby established a council known as the South African Council for Space Affairs.
5. Objects and functions of Council.
1.
The objects of the Council are to implement, in the most efficient and economical manner possible,
the space policy of the Republic formulated in terms of section 2.
2.
The Council shall on behalf of the State take care of the interests, responsibilities and obligations of
the Republic regarding its space and space-related activities in compliance with international
conventions, treaties and agreements entered into or ratified by the Government of the Republic.
3.
In order to achieve its objects the Council may (a) advise the Minister on any matter that may have an influence on space affairs;
(b) hear representations by any person regarding space affairs in the Republic;
(c) supervise and implement matters arising from international conventions, treaties and agreements
concerning space affairs entered into or ratified by the Government of the Republic;
(d) issue licences under section 11 or amend, suspend or revoke them under section 13;
189
(e) encourage persons and authorities involved in the space industry to register with the Council and
to apply information regarding capabilities so obtained to enhance and co-ordinate the space industry
and its capabilities;
(f) designate knowledgeable persons from government institutions and the space industry as members
of committees of the Council to assist the Council in their performance of its functions;
(g) further matters leading to the orderly and responsible participation by any person or authority in
space affairs;
(h) subject to section 19, provide for the appropriate and widest possible publication of information
concerning the activities of the Council;
(i) subject to the provisions of this Act, perform any other activity with a view to contributing to the
effective achievement of the objects of the Council.
6. Composition of Council.
1.
The Council shall consist of the following persons appointed by the Minister a. a chairman, who, in the opinion of the Minister, shall be a person with applicable knowledge or
experience relating to matters connected with the objects of the Council;
b. two persons from the space industry;
c. such other members as the Minister may deem necessary, and who shall have applicable
knowledge or experience relating to matters connected with the objects of the Council: Provided
that fewer than half the members referred to in this paragraph shall be in the employment of
licensees.
2.
A member of the Council shall hold office for such period, but not exceeding five years, as the
Minister may determine at the time of his appointment, but shall be eligible for reappointment at the
termination of his term of office.
3.
A member of the Council shall vacate his office if he becomes an employee of any licensee and so
causes the composition of the Council to be in conflict with the proviso to subsection (1) (c).
4.
The Minister may at any time terminate the period of office of any member if there are good reasons
for doing so.
5.
The Minister shall fill a casual vacancy on the Council by appointing another person as a member for
the unexpired portion of the period for which his predecessor was appointed.
6.
A member of the Council who is not in the full-time employment of the State shall be paid such
remuneration and allowances as the Minister with the concurrence of the Minister of State
Expenditure may determine.
7.
The work incidental to the performance of the functions of the Council shall be performed by such
officers and employees of the Department as the Director-General may designate for that purpose.
7. Meetings of Council.
1.
Meetings of the Council shall be held on such dates and at such times and places as the chairman of
the Council may determine.
2.
The chairman of the Council may at any time convene a special meeting of the Council by giving
notice to the other members of the date, time and place thereof.
3.
If the chairman is absent from a meeting of the Council, the members present shall elect one of their
numbers to preside at that meeting.
4.
The majority of the members of the Council shall constitute a quorum for a meeting.
190
5.
A decision of the Council shall be taken by a majority of the votes of the members present at a
meeting of the Council, and in the event of an equality of votes the person presiding at the meeting
concerned shall have a casting vote in addition to his deliberative vote.
6.
No decision taken by the Council or act performed under the authority of the Council, shall be invalid
merely be reason of a vacancy on the Council or of the facts that any person not entitled to sit as a
member sat as a member at the time when the decision was taken or the act was authorized, if the
decision was taken or the act was authorized by the requisite majority of the members present at the
meeting and who were entitled to sit as members.
8. Committees of Council.
1.
The Council may from time to time establish such committees as it may deem necessary, to assist it in
the performance of its functions, and may appoint any person as a member of such a committee even
if such person is not associated with the Council.
2.
The Council may at any time dissolve a committee established under subsection (1) or terminate the
membership of a member of such a committee.
3.
A member of a committee established under subsection (1), and who is not in the full-time
employment of the State, shall be paid such remuneration and allowances as the Minister with the
concurrence of the Minister of State Expenditure may determine.
9. Boards of inquiry.
1
The Minister may from time to time appoint a board of inquiry to assist him in the adjudication of any
matter or any appeal in terms of this Act.
2
A board of inquiry shall consist of (a)
(i) a judge as defined in section 1 (1) of the Judges' Remuneration and Conditions of
Employment Act, 1989 (Act No. 88 of 1989), or a judge who has been discharged from active service
in terms of section 3 of the said Act;
(ii) a magistrate or retired magistrate;
(iii) a person admitted to practise as an advocate in terms of the Admission of Advocates Act.
1964 (Act No. 74 of 1964); or
(iv) a person admitted to practise as an attorney in terms of the Attorneys Act, 1979 (Act No.
53 of 1979), who, in the opinion of the Minister, has knowledge of space affairs and shall be
designated as chairman by the Minister; and
(b) such other persons as the Minister may deem necessary and who in his opinion shall have
applicable knowledge regarding the matter to be considered by the board of inquiry.
3.
A session of the board of inquiry shall be held on such date and at such time and place as the
chairman may determine, and he shall inform the Minister and the parties concerned in writing
thereof.
4.
For the purposes of its inquiry a board of inquiry may a. subpoena any person who in its opinion may be able to give material information concerning the
subject of the inquiry or who is believed to have in his possession or custody or under his
control any book, document, data or thing which has any bearing on the subject of the inquiry,
to appear before the board of inquiry on a date and at a time and place specified in the subpoena,
to be interrogated or to produce that book, document, data or thing, and retain for examination
any book, document, data or thing so produced;
b.call and by its chairman administer an oath to, or accept an affirmation from, any person present at
the inquiry who was or could have been subpoenaed under paragraph (a) and interrogate him
and require him to produce any book, document, data or thing in his possession or custody or
under his control.
191
5.
A subpoena referred to in subsection (4) (a) shall a. be in the prescribed form;
b.be signed by the chairman of the board of inquiry;
c. be issued and served in the prescribed manner.
6.
A session of a board of inquiry shall be held in public, unless the Minister directs otherwise.
7.
The findings of a board of inquiry and the reasons therefore shall not be disclosed by the board of
inquiry, but shall be conveyed to the Minister in writing.
8.
A member of a board of inquiry who is not in the full-time employment of the State shall be paid
such remuneration and allowances as the Minister with the concurrence of the Minister of State
Expenditure may determine.
9.
The Director-General shall designate such officers and employees of the Department as may be
necessary, to assist the board of inquiry with the administrative work relating to its inquiry.
10. Inspectors.
1
The Council may from time to time in writing appoint such inspectors as it may deem necessary to
ensure that the provisions of this Act are complied with
2
No person shall be appointed under subsection (1) as an inspector unless the Council is of the opinion
that he is suitably qualified and possesses the necessary expertise to enable him to perform the
functions of an inspector in an efficient manner.
3.
An inspector shall be furnished with a document, signed by the chairman of the Council, stating that
he has been appointed as an inspector for the purposes of this Act, and such document shall be
produced by the inspector on the request of any person who has a material interest in the functions of
that inspector.
4.
An inspector may at any reasonable time a. enter any facility of a person who has applied for a licence in terms of section 11 or to whom a
licence has been issued in terms of the said section; or
b. with the written authority of the chairman of the Council, enter any facility where the Council
has reason to believe that an activity to which this Act applies, is carried out, with the necessary
equipment and in relation to that facility conduct such inspections and investigations as the
inspector may deem necessary:
c. Provided that an inspector shall, before conducting such inspection or investigation, consult the
proper persons who are responsible to perform duties at the facility concerned in order to
determine whether the conducting of such inspection or investigation may be detrimental to any
person or activity or cause harm to any person or damage to any property: Provided further that
in the case of a dispute as to whether the proposed inspection or investigation may be
detrimental or cause harm or damage, the inspector shall refer the matter to the chairman of the
Council, whose decision shall be final.
5.
The Chairman of the Council may instruct an inspector to be present at any activity to which a licence
applies, in order to ascertain whether the conditions of the licence are being complied with, and he
shall immediately report to the Council any situation or activity which in his opinion poses an
unacceptable safety risk.
6.
Any person affected by a decision of an inspector in terms of the provisions of this section, may
within 30 days after being notified of the decision, in the prescribed manner, lodge an appeal with the
Council.
192
7.
The Council may, after considering such an appeal, confirm, amend or revoke the decision of the
inspector.
8.
An inspector authorized thereto by the chairman of the Council, may request to inspect any book,
document, data or thing concerning licensing under this Act, and the person so requested shall
provide all possible co-operation in this regard to the inspector.
11. Licensing.
1
No person shall perform the following activities, except in terms of a licence issued by the Council,
subject to the provisions of section 20, namely (a) any launching from the territory of the Republic;
(b) any launching from the territory of another state by or on behalf of a juristic person incorporated
or registered in the Republic;
(c) the operation of a launch facility;
(d) the participation by any juristic person incorporated or registered in the Republic, in space
activities (i) entailing obligations to the State in terms of international conventions, treaties or
agreements entered into or ratified by the Government of the Republic; or
(ii) which may affect national interests;
(e) any other space or space-related activities prescribed by the Minister.
2
A licence shall be issued subject to such conditions as the Council may determine for that particular
licence, taking into account (a) the minimum safety standards as determined by the Council;
(b) the national interests of the Republic; and
(c) the international obligations and responsibilities of the Republic.
3
If the Council refuses to issue a licence which has been applied for, it shall inform the applicant in
writing of its decision and furnish reasons for the refusal.
4
The Council shall gather, maintain and disseminate the information regarding licences, according to
the provisions of international conventions, treaties and agreements entered into or ratified by the
Government of the Republic, or as the Minister may prescribe.
12. Representations regarding licensing.
(1)
The Council may order any person applying for a licence to serve a notice of his application on any
government institution, or other person or authority who has an interest in the proposed activity,
giving particulars of such activity or with regard to any matter affecting the application, as the case
may be, specified in the order, allowing a reasonable time for such government institution, person or
authority to submit representations to the Council with regard to the application.
(2)
If the Council has issued such an order, it shall not issue the licence applied for, before the expiration
of the period which has been so allowed and if representations have been made to it in terms of the
said notice within the period concerned, before it has considered the representations.
(3)
While a licence is in force, each person or authority who has to perform duties with regard to the
space activity concerned, shall be entitled either by himself or itself or through a body which is
recognized by the Council for the purposes of this subsection as representative of the said person or
authority (a) to make representations to the Council regarding the manner in which the Council exercises its
powers in terms of this Act; or
(b) to make representations to the Minister regarding the manner in which he exercises his powers.
193
13. Amendment, suspension and revocation of licences.
1
The Council may, whenever it deems it necessary or expedient, and after the licensee was given the
opportunity to make representations to the Council, amend the conditions of a specific licence.
2
The Council may suspend a licence with immediate effect, if (a) any condition of the licence was violated, or the Council has reason to believe that such a
condition was or is being violated; or
(b) fact become known which in its opinion point to an unacceptable safety risk.
3
The Council shall investigate all circumstances causing a suspension in terms of subsection (2), and if
in the case of a suspension in terms of subsection (2) (a) it is found that (a) no violation of the conditions of the licence occurred, the suspension shall be lifted immediately;
(b) a violation of the conditions of the licence did occur, the Council may i) grant the licensee a reasonable time to comply with all conditions of the licence;
ii) after consultation with the licensee, amend the conditions of the licence, after which the
suspension may be lifted, or
iii) revoke the licence.
4.
In the case of a suspension in terms of subsection (2) (b), the Council may order the licensee to take
steps in order to eliminate the unacceptable safety risk within a reasonable time.
5.
If the licensee complies with the requirements laid down under subsection (3) (b) (i) or (4), to the
satisfaction of the Council, the Council may revoke the suspension: Provided that if the licensee does
not comply with the requirements laid down to the satisfaction of the Council, the Council may order
the licensee to take further remedial steps, or revoke the licence.
6.
Any decision taken by the Council regarding the amendment, suspension or revocation of a licence
shall as soon as possible be made known by the Council in writing to the licensee concerned,
furnishing reasons for the decision.
7.
The Minister may at any time order the Council to suspend or revoke a licence issued by the Council,
if, in the opinion of the Minister, the licensed activity is in conflict with the interests of the State.
8.
In the case of a suspension in terms of subsection (7), the Minister shall determine when the
suspension may be revoked by the Council and he shall notify the Council accordingly, who shall
forthwith notify the licensee of the decision of the Minister.
9.
A licensee may at any time in writing request the Council to revoke his licence: Provided that (a) the Council may determine such conditions with regard to the revocation as it may deem
necessary or expedient;
(b) the council shall determine the date of revocation; and
(c) the obligations and liabilities of the licensee in terms of section 14 shall remain in force.
14. Duties and liabilities of licensee.
1
A licence issued under section 11, may, in addition to conditions determined under that section,
contain conditions relating to (a)
(i) liability of the licensee for damages;
(ii) security to be given to the licensee for such damages and the manner in which it shall be
given, as the Council, with the concurrence of the Minister, may determine;
(b) liability of the licensee resulting from international conventions, treaties and agreements entered
into or ratified by the Government of the Republic.
194
2
Conditions determined under subsection (1) (a), may in particular include conditions(a) which notwithstanding anything to the contrary contained in any law, the common law, or
international law, may determine, limit or exclude the liability of the licensee concerned regarding
damages that may be caused (whether or not such licensee is at fault) by a launch vehicle or
spacecraft, or is being done therein or is originating therefrom;
(b) requiring the said licensee to give security to the satisfaction of the Council to meet the
obligations that may be incurred by the licensee concerned in respect of damages referred to in
paragraph (a);
(c) relating to the circumstances in which such security shall be given in order to meet possible claims
against the licensee regarding such damages.
3
Any person applying for a licence, or to whom a licence has been issued, shall furnish the Council
with the prescribed information.
4
A licensee must notify the Council forthwith (a) of any deviation by him due to unforeseen circumstances, from the conditions of a licence
contemplated in this section and section 11 (2);
(b) of any information which to his knowledge may affect the said conditions of the licence, in which
case the Council may suspend or revoke the licence in terms of section 13 or amend the conditions of
the licence at the request of the licensee.
5
The Council may, in the case of the suspension or revocation of a licence, give to the licensee such
directions, as it may deem necessary to prevent loss of life, injuries or damages.
6
The liability of a licensee, in terms of subsections (1) and (2), shall remain in force in respect of
claims resulting from activities related to the licence concerned, irrespective of whether or not the
licence has been suspended or revoked.
15. Actions in case of accident, incident or potential emergency.
1.
If an accident, incident or potential emergency arises during the performance of activities to which a
licence issued under section 11 relates, the Council may, after the licensee concerned has notified the
Council regarding all steps taken to prevent and limit loss of life, injury and damage to property,
require the licensee to take such further steps as the Council may deem necessary.
2.
In the event of an accident, incident or potential emergency contemplated in subsection (1), or
whenever the Council has reason to believe that such an accident, incident or potential emergency
may occur, the Council may notify the Minister accordingly, and the Minister may, on the advice of
the Council, in terms of section 9 (1) appoint a board of inquiry to investigate the matter.
16. Appeal to Minister.
1
Any person who is aggrieved at any decision of the Council under this Act, may appeal to the
Minister, who may confirm, amend or set aside the decision of the Council.
2
A decision of the Council to suspend or revoke a licence shall not be suspended pending the result of
an appeal under subsection (1) against that decision.
3
A decision by the Minister with regard to an appeal shall for all purposes be deemed to be a decision
of the Council.
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17. Revision by court of law.
1
Notwithstanding the provisions of section 16, any person whose interests are affected by a decision of
the Council may, within 30 days after he became aware of such decision, request the Council in
writing to furnish in writing reasons for that decision within 30 days after receiving such a request.
2
Within 30 days after having been furnished with reasons in terms of subsection (1), or after the
expiration of the period within which reasons had to be furnished by the Council, the person
concerned may apply to a division of the Supreme Court having jurisdiction, to review the decision.
18. Delegation.
1
The Minister may, subject to such conditions as he may impose in writing, delegate or assign to the
chairman or a member of the Council or a committee established under section 8, or to any officer or
employee of the Department, any power or duty conferred or imposed upon the Minister by or under
this Act, except a power or duty referred to in sections 16 and 22.
2
The Director-General may, subject to such conditions as he may determine, in writing delegate or
assign to the chairman of the Council or to any officer or employee of the Department any power or
duty (a) conferred or imposed upon him by this Act; or
(b) delegated or assigned to him under subsection (1), unless the Minister has in his delegation or
assignment determined otherwise.
3
The chairman of the Council may, subject to such conditions as he may determine, in writing delegate
or assign to any member of the Council or to any officer or employee designated under section 6 (7),
any power or duty (a) conferred or imposed upon him by this Act; or
(b) delegated or assigned to him under subsection (1) or (2), unless the Minister or Director-General
has in his delegation or assignment determined otherwise.
4
The Minister, Director-General or chairman of the Council shall not be divested of any power or
exempted from any duty delegated or assigned by him, and may amend or set aside any decision
taken by a person in the exercise or performance of such power or duty delegated or assigned to him.
19. Confidentiality.
A member of the Council, a member of a committee of the Council, any officer or employee of the
Department, an inspector or any other person who is or was concerned in the performance of any function in
terms of this Act, shall not disclose, transmit or make known to any person, whether within or outside the
Republic, any information which he obtained in the performance of such a function or cause such
information to be disclosed, transmitted or made known, except (a)
to the Minister;
(b)
to any person who of necessity requires it for the performance of his functions in terms of this Act
orany other law;
(c)
where he of necessity supplies it in the performance of his functions in terms of this Act;
(d)
where it is required in terms of any law or as evidence in any court of law;
(e)
to any competent authority within the Republic, or, with the written consent of the Council, to any
authority outside the Republic which requires it for the institution, or an investigation with a view to
the institution, of any criminal prosecution;
(f)
by or on the authority of the Minister of the Council;
(g)
in consulting in privileged circumstances a patent agent, advocate or attorney in the Republic in a
professional capacity.
196
20. Certain acts not interpreted as assurance or guarantees.
The fact that anything has been done under this Act by the Minister, any member of the Council or of any
committee of the Council or any person in the employment of the State with regard to any activity or matter,
shall not be construed as an assurance or a guarantee of any nature in respect of any such activity or matter.
21. Limitation of liability.
The State or any person in the employment of the State, the Minister or the Council shall not be liable in
respect of anything done under this Act in good faith and without negligence.
22. Regulations.
1
The Minister may make regulations regarding (a) the manner in which the functions of the Council shall be performed;
(b) the procedures to be followed when applying for a licence;
(c) the measures to be taken in order to protect the national interests of the Republic;
(d) subject to the provisions of any other law, the safety measures and minimum safety standards
concerning any space or space-related activity;
(e) the disclosure of information in terms of section 19;
(f) the conditions on which and circumstances under which inspections or investigations shall be
conducted and the procedures to be followed in connection therewith;
(g) the application of provisions of international conventions, treaties and agreements relating to
space, entered into or ratified by the Government of the Republic;
(h) the procedures to be followed in connection with an appeal to the Minister under section 16 (1),
and the period within which such an appeal shall be noted;
(i) the disclosure, marketing and transfer of technologies, capacities and products of the space
industry outside the Republic;
(j) the designation, disposal of and alienation or degrading of any technological asset, capability,
facility or industry deemed by the Minister as being of a strategic or indispensable nature to the
Republic;
(k) in general, any matter which shall or may be prescribed by or under this Act and which is aimed
at achieving the objects of this Act.
2
Any regulation made under subsection (1) may provide that any person contravening a provision
thereof or failing to comply therewith shall be guilty of an offence and liable on conviction to a fine,
or to imprisonment for a period not exceeding ten years.
23. Offences and penalties.
1
Any person who (a) without a valid licence performs any activity referred to in section 11 (1);
(b) fails to comply with any condition of a licence; or
(c) fails to furnish the Council with any relevant information concerning licensing, or withholds or
misrepresents such information or gives false information,
shall be guilty of an offence, and liable on conviction to a fine not exceeding R1 000 000, or to
imprisonment for a
period not exceeding ten years or to both such fine and such imprisonment.
2
Any person who (a) after being subpoenaed to appear at proceedings in terms of section 9, without lawful excuse
fails so to appear; or
(b) after appearing as a witness at proceedings in terms of section 9, without lawful excuse refuses
to be sworn or to make an affirmation or to produce any book, document, data or thing which he has
been required to produce or to answer any question lawfully put to him,
197
shall be guilty of an offence, and liable on conviction to a fine, or to imprisonment for a period not
exceeding two years.
3
Any person who hinders or obstructs the carrying out of an inspection or investigation by any person
authorized thereto by or under this Act, shall be guilty of an offence and liable on conviction to a fine,
or to imprisonment for a period not exceeding one year.
4.
Any person contravening or failing to comply with any other provision of this Act shall be guilty of
an offence and liable on conviction to a fine, or to imprisonment for a period not exceeding five
years.
5.
Any person convicted of an offence in terms of this Act and who after such conviction persists in the
act or omission which constituted such offence, shall be guilty of a continuing offence, and liable on
conviction to a fine not exceeding R5 000 or to imprisonment for a period not exceeding 30 days or to
both such fine and such imprisonment in respect of every day on which he so persists with such act or
omission.
6.
In the event of a conviction in terms of this Act the court may order that any damage resulting from
the offence be repaired by the person so convicted, to the satisfaction of the Minister.
7.
If within such period as the court may determine at the time of the conviction, an order in terms of
subsection (6) is not being complied with, the Minister may himself take the necessary steps to repair
the damage and recover the cost from the person so convicted.
8.
Notwithstanding anything to the contrary in any law contained, a magistrate's court shall be
competent to impose any penalty provided for in this Act.
24. Entering into and ratification of conventions, treaties and agreements.
1
The State President may, by proclamation in the Gazette, add to this act any Schedule in which the
provisions of an international convention, treaty or agreement relating to space affairs entered into or
ratified by the Government of the Republic, are included.
2
(a) The State President may, by proclamation in the Gazette, amend the Schedule (i) to give effect to any amendment of or addition to a convention, treaty or agreement referred
to in subsection (1) which may be made from time to time and has been ratified by the
Government of the Republic;
(ii) by the substitution for any convention, treaty or agreement appearing therein of a new
convention, treaty or agreement entered into or ratified by the Government of the Republic
under subsection (1).
(b) A proclamation in terms of paragraph (a) may be made with retrospective effect as from the date
on which the amendment or addition or the new convention, treaty or agreement was ratified by the
Government of the Republic.
3
On the date of commencement of a proclamation in terms of subsection (1) or (2), the convention,
treaty or agreement or the amendment thereof or the addition thereto, as the case may be, shall have
the force of law and apply in the Republic.
4
The Minister shall lay a copy of every proclamation issued under subsection (1) or (2) upon the Table
in Parliament within 14 days after publication thereof in the Gazette if Parliament is then in ordinary
session or, if Parliament is not then in ordinary session, within 14 days after the commencement of its
next ensuing ordinary session.
198
25. Agreements with self-governing territories.
The Minister may enter into an agreement with the government of a self-governing territory as defined in
section 38 of the Self-governing Territories Constitution Act, 1971 (Act No. 21 of 1971), in order to promote
the objects of this Act.
26. State bound.
This Act shall bind the State, except in so far as criminal liability is concerned.
27. Short title and commencement.
This Act shall be called the Space Affairs Act, 1993, and shall come into operation on a date fixed by the
State President by proclamation in the Gazette.
SPACE AFFAIRS AMENDMENT ACT, No. 1530(6/10/1995).
OFFICE OF THE PRESIDENT
NO. 64 OF 1995: SPACE AFFAIRS AMENDMENT ACT, 1995.
It is hereby notified that the President has assented to the following Act, which is hereby published for
general information:GENERAL EXPLANATORY NOTE:
[ ] Words in bold type in square brackets indicate omissions from existing enactments.
_____ Words underlined with a solid line indicate insertions in existing enactments.
ACT
To amend the Space Affairs Act, 1993, so as to make provision for the appointment of a vice-chairperson to
the South African Council for Space Affairs; and to make further provision for the delegation of certain
powers and duties; and to delete an obsolete provision; and to provide for matters connected therewith.
(English text signed by the President.)
(Assented to 28 September 1995.)
BE IT ENACTED by the Parliament of the Republic of South Africa, a follows:Amendment of section 6 of Act 84 of 1993
1.
Section 6 of the Space Affairs Act, 1993 (hereinafter referred to as the principal Act), is hereby
amended by the substitution for paragraph (a) of the following paragraph: "(a) a [chairman]
chairperson and vice-chairperson, who, in the opinion of the Minister, shall be [a person] persons
with-applicable knowledge or experience relating to matters connected with the objects of the
Council;".
Amendment of section 7 of Act 84 of 1993
2.
Section 7 of the principal Act is hereby amended by the substitution for subsection (3) of the
following subsection:
"(3) If the chairperson is absent from a meeting of the Council, the vice-chairperson shall preside at
that meeting, and if both the [chairman is] chairperson and vice-chairperson are absent from a
199
meeting of the Council, the members present shall elect one of their members to preside at that
meeting.".
Substitution of section 16 of Act 84 of 1993
3.
The following section is hereby substituted for section 16 of the principal Act:
"Appeal to Minister
16. (1) Any person who is aggrieved at any decision of the Council or its delegate under this Act, may
appeal to the Minister, who may confirm, amend or set aside the decision of the Council or its
delegate.
(2) A decision of the Council or its delegate to suspend or revoke a licence shall not be suspended
pending the result of an appeal under subsection (1) against that decision.
(3) A decision by the Minister with regard to an appeal shall for all purposes be deemed to be a
decision of the Council or its delegate.".
Substitution of section 17 of Act 84 of 1993
4.
The following section is hereby substituted for section 17 of the principal Act:
"Revision by court of law
17. (1) Notwithstanding the provisions of section 16, any person whose interests are affected by a
decision of the Council or its delegate may, within 30 days after he or she became aware of such
decision, request the Council or its delegate in writing to furnish in writing reasons for that decision
within 30 days after receiving such a request.
(2) Within 30 days after having been furnished with reasons in terms of subsection (1), or after the
expiration of the period within which reasons had to be furnished by the Council or its delegate, the
person concerned may apply to a division of the Supreme Court having jurisdiction, to review the
decision.7quot;.
Amendment of section 18 of Act 84 of 1993
5.
Section 18 of the principal Act is hereby amended(a) by the substitution for subsection (1) of the following subsection:
"(1) The Minister may, subject to such conditions as he or she may impose in writing, delegate or
assign to the [chairman] chairperson, vice-chairperson or a member of the Council or a committee
established under section 8, or to any officer or employee of the Department, any power or duty
conferred or imposed upon the Minister by or under this Act, except a power or duty referred to in
sections 16 and 22.";
(b) by the substitution in subsection (3) for the words preceding paragraph (a) of the following words:
"The [chairman] chairperson of the Council may, subject to such conditions as he or she may
determine, in writing delegate or assign to the vice-chairperson or any member of the Council or to
any officer or employee designated under section 6(7), any power or duty-"-,
(c) by the insertion after subsection (3) of the following subsections:
"(3A) The vice-chairperson of the Council may, subject to such conditions as he or she may
determine, in writing delegate or assign to any member of the Council or to any officer or employee
designated under section 6(7), any power or duty(a) conferred or imposed upon him or her by this Act; or
(b) delegated or assigned to him or her under subsection (1) or (3), unless the Minister or the
chairperson of the Council, as the case may be, has in his or her delegation or assignment determined
otherwise.
(3B) The Council may, subject to such conditions as it may determine, in writing delegate or assign to
any member of the Council, a committee established under section 8 or any officer or employee
designated under section 6(7), any power or duty conferred or imposed upon it by this Act.
(3C) A committee established under section 8 may, subject to such conditions as it may determine, in
writing delegate or assign to any officer or employee designated in terms of section 6(7), any power
or duty(a) conferred or imposed upon it by this Act; or
(b) delegated or assigned to it under subsection (1) or (3B), unless the Minister or the Council, as the
case may be, has in his, her or its delegation or assignment determined otherwise."; and
(d) by the substitution for subsection (4) of the following subsection:
200
"(4) The Minister, Director-General, [or chairman] chairperson or vice-chairperson of the Council,
the Council or a committee established under section 8 shall not be divested of any power or
exempted from any duty delegated or assigned by him, her or it, and may amend or set aside any
decision taken by a person in the exercise or performance of such power or duty delegated or
assigned to him, her or it.".
Repeal of section 25 of Act 84 of 1993
6.
Section 25 of the principal Act is hereby repealed.
Substitution of word
7.
The principal Act is hereby amended by the substitution for the word "chairman", wherever it occurs,
of the word "chairperson".
Short title
9.
This Act shall be called the Space Affairs Amendment Act, 1995.
SPAIN
ROYAL DECREE No. 278-1995 on the Establishment in Spain of the Registry of
Objects Launched into Outer Space as Provided for in the Convention adopted by
the United Nations General Assembly on 12 November 1974
(RCL 1979, 269 AND APNDL 8191)
[UNOFFICIAL TRANSLATION]
Space Exploration. Establishment in Spain of the Registry of Objects Launched into Outer Space as
provided for in the Convention adopted by the United Nations General Assembly on 12 November 1974
(RCL 1979, 269 and ApNDL 8191).
Following the accession of Spain on 20 December 1978 to the Convention on Registration of Objects
Launched into Outer Space, adopted by the United Nations General Assembly on 12 November 1974
(Official State Gazette No. 25 of 29 January 1979) (RCL 1979, 269 and ApNDL 8191), appropriate internal
measures must be adopted to enable Spain to comply with the terms of that Convention, especially with
regard to the establishment of a registry of objects launched into outer space and to the notifications that
have to be made to the Secretary-General of the United Nations.
The recent placing in orbit of the Spanish Hispasat 1A and 1B satellites offers a further reason not to delay
the setting up of this registry.
By virtue thereof, at the proposal of the Minister for Foreign Affairs and the Minister of Industry and
Energy, following approval by the Minister for Public Authorities, with the agreement of the Council of
State and after discussion by the Council of Ministers at its meeting on 24 February 1995, I hereby order the
following:
Article 1
The Spanish Registry of Objects Launched into Outer Space, hereinafter referred to as the "Spanish
Registry", shall be established.
201
Article 2
The Spanish Registry shall be kept by the Division of Multilateral Economic Relations and Development of
the Department of International Economic Relations of the Ministry of Foreign Affairs.
Article 3
Full and free access shall be provided to the information contained in the Spanish Registry in accordance
with the provisions of article 37 of Law No. 30/1992 (RCL 1992, 2512, 2775 and RCL 1993, 246) on the
Legal Regime Governing Public Authorities and Common Administrative Procedures and any regulations
adopted in implementation thereof.
Article 4
The term "space object" includes component parts of a space object as well as the launch vehicle and parts
thereof.
Article 5
Entries shall be made in the Spanish Registry in respect of space objects that have been launched or whose
launching has been procured by the Spanish State or that have been launched from Spain or from a Spanish
facility.
If, in addition to Spain, one or more States, hereinafter referred to as "launching State or States" are
competent to make an entry, the procedure to be followed shall be as laid down in article II, paragraph 2, of
the Convention on Registration of Objects Launched into Outer Space adopted on 12 November 1974.
Article 6
The registration of each space object shall contain the following information:
(a)
Name of launching State or States;
(b)
An appropriate designator of the space object or its registration number;
(c)
Date and territory or location of launch;
(d)
Basic orbital parameters, including:
(I) Nodal period;
(II) Inclination;
(III) Apogee;
(IV) Perigee;
(e)
General function of the space object.
Any other additional information deemed useful may also be included.
Article 7
Enterprises and institutions in possession of the information referred to in the previous article shall be
obliged to communicate it to the Department of Industrial Technology of the Ministry of Industry and
Energy, which may, in turn, extract from it any supplementary information that it considers necessary to
make the entry and the mandatory notification to the Secretary-General of the United Nations in accordance
with the Convention.
The Department of Industrial Technology of the Ministry of Industry and Energy shall transmit any
information that it receives to the Department of International Economic Relations of the Ministry of
Foreign Affairs and the Department of International Economic Relations shall enter this information in the
Spanish Registry and arrange for its formal notification to the Secretary-General of the United Nations with
a view for its inclusion in the latter’s Register.
202
The notifications referred to in this article shall also include any modifications to data concerning registered
space objects and, in particular cases where space objects have ceased to be in Earth orbit. Such
modifications shall form the subject of a prior entry in the Spanish Registry in accordance with the
provisions of the preceding article.
Single additional clause
The Department of International Economic Relations of the Ministry of Foreign Affairs shall arrange for the
formal notification to the Secretary-General of the United Nations of the establishment of the Spanish
Registry.
Single provisional clause
The Department of International Economic Relations of the Ministry for Foreign Affairs shall arrange for the
entry and subsequent formal notification to the Secretary-General of the United Nations of any space objects
that were launched before the establishment of the Spanish Registry and of any space objects for which
Spain is the launching State.
First final clause
The Minister for Foreign Affairs and the Minister of Industry and Energy may enact the necessary
provisions for the execution and implementation of this Royal Decree.
Second final clause
By order of the Minister in charge of the Prime Minister’s Chancellery, issued at the proposal of the Minister
for Foreign Affairs and the Minister of Industry and Energy, the Spanish Registry may be kept by a body
within these ministries other than that specified in article 2 of this Royal Decree.
Third final clause
This Royal Decree shall enter into force on the day following its publication in the Official State Gazette.
SWEDEN
ACT On Space Activities
(1982:963)
[UNOFFICIAL TRANSLATION]
Section 1
This Act applies to activities in outer space (space activities).
In addition to activities carried on entirely in outer space, also included in space activities, are the launching
of objects into outer space and all measures to manoeuvre or in any other way affect objects launched into
outer space.
203
Merely receiving signals or information in some other form from objects in outer space is not designated as
space activities according to this Act. Nor is launching of sounding rockets designated as space activities.
Section 2
Space activities may not be carried on from Swedish territory by any party other than the Swedish State
without a licence. Nor may a Swedish natural or juridical person carry on space activities anywhere else
without a licence.
Section 3
A licence to carry on space activities is granted by the Government.
A licence may be restricted in the way deemed appropriate with regard to the circumstances. It may also be
subject to required conditions with regard to control of the activity or for other reasons. Inspection of the
space activities of licence holders is exercised by the authority decided by the Government.
Section 4
A licence may be withdrawn if the conditions of the licence have been disregarded or if there are other
particular reasons for it.
The Government decides on withdrawal of licences to carry on space activities. Pending a final decision on
its withdrawal, a licence may be withdrawn temporarily.
Section 5
Any person who wilfully or through negligence carries on space activities without the necessary licence shall
be sentenced to a fine or to imprisonment for at most one year. The same applies to any person who wilfully
or through negligence disregards the conditions laid down as a prerequisite for obtaining a licence.
Any person who has committed outside the country a crime as referred to in paragraph one shall be
sentenced, if he is in this country, according to this Act and the Swedish Penal Code and at a Swedish court,
even though Chapter 2 section 2 or 3 of the said Code is not applicable and notwithstanding Chapter 2
section 5a first and second paragraphs of the said Code. Legal proceedings for a crime as referred to in
paragraph one may be taken only with the Government's consent.
Section 6
If the Swedish State on account of undertakings in international agreements has been liable for damage
which has come about as a result of space activities carried on by persons who have carried on the space
activity shall reimburse the State what has been disbursed on account of the above-mentioned undertakings,
unless special reasons tell against this.
DECREE On Space Activities
(1982:1069)
[UNOFFICIAL TRANSLATION]
Section 1
Application for a licence in accordance with the Space Activities Act (1982:963) shall be in writing and
submitted to the National Board for Space Activities.
204
The Board shall consult the telecommunications administration or other national ministries or authorities
affected by the application and hand over the issue with comments to the Government.
Section 2
The National Board for Space Activities Act shall exercise control of space activities carried on by those
who have licences for such activities.
Section 3
If infringement of the Space Activities Act (1982:963) or of the conditions laid down by virtue of the said
Act is suspected, the National Board for Space Activities shall inform the Government.
Section 4
The National Board for Space Activities shall keep a register of the space objects for which Sweden is to be
considered the launching State in accordance with Article 1 of the Convention on registration of objects
launched into outer space of 14 January, 1975.
If, in addition to Sweden, another State may also be considered a launching State in accordance with the
Convention, the space object shall only be registered in Sweden if this has been agreed between the States
concerned.
The register shall give
1.
a designation or registration number of the space object
2.
the date and territory or location of launching,
3.
basic orbital parameters, including
a) Nodal period
b) Inclination
c) Apogee
d) Perigee
The Board shall, through the agency of the Ministry for Foreign Affairs, supply the Secretary General of the
United Nations with information from the register.
UKRAINE
70
LAW of Ukraine on "Space Activities” of 1996
Law of Ukraine of 15 November 1996
(VVRU, 1997, p. 2)
[UNOFFICIAL TRANSLATION]
Section I. GENERAL PROVISIONS
Article 1. Use of terms and concepts
For the purposes of this Law the terms and concepts listed below shall have the following meanings:
205
"Space activity" shall mean scientific space research, the design and application of space technology and the
use of outer space;
"Space facilities (space technology)" shall mean material objects produced by piecework, which are
designed, manufactured and operated both in outer space (space segment, space infrastructure) and on
the Earth’s surface (ground segment, ground infrastructure) for the purpose of exploring and using
outer space;
"Subjects of space activity" shall mean enterprises, institutions and organizations, whether domestic,
international or foreign, which engage in space activity;
"Space technologies and services" shall mean the results of scientific development, methods, means and
services required for the pursuit of space activity and for obtaining and making use of the results of
such activity;
"Incident" shall mean an event related to space activity, which has led to a threat to the life or health of
persons or damage to or destruction of the property of citizens, enterprises, institutions or
organizations, or damage to the environment;
"Emergency" shall mean an event related to space activity, which has led to the death of persons or to
serious bodily injury, or to destruction of the property of citizens, enterprises, authorities or
organizations, or substantial damage to the environment;
"Rules of space activity" shall mean special rules, technical norms and standards which regulate space
activity and its safety;
"Personnel of space facilities" shall mean the staff of enterprises, institutions or organizations which are
involved in the manufacture, testing or operation of space facilities and the clean-up of incidents and
emergencies, as well as specialists working for enterprises, institutions or special units of military
units involved in performing such work;
"Compliance certificate" shall mean a document attesting to the fulfilment by a space facility of the
operating requirements of space technology, as regulated by the relevant regulatory texts in force in
Ukraine.
61
Article 2. Legislation on space activity in Ukraine
Relations in the area of space activity shall be regulated by this Law and by other legislative acts of Ukraine
adopted in conformity therewith.
Article 3. Aims of space activity
Space activity shall be conducted with the following aims:
Furthering the socio-economic development and scientific progress of Ukraine and promoting the
welfare of its citizens;
Contributing to the solution of the general problems facing humankind;
Developing space science and engineering and space-related services and technologies apt to assist in
bringing about the stable development of the national economy;
Creating an extensive export potential in the space sector;
Ensuring access to outer space and the conduct of scientific investigations of the Earth and outer
space;
Establishing and maintaining space systems to ensure modern State information coverage;
Safeguarding the long-term interests of the State in relation to national security and defence
capabilities;
Fostering the development of education;
Assisting in the monitoring of conformity with international security agreements to which Ukraine is
a party.
Article 4. Principles of space activity
The space activity of Ukraine shall be conducted in accordance with the following principles:
State regulation;
Progressive development and systematic reform of State policy in relation to the exploration and use
of outer space;
206
Practical exploitation of the scientific and technical potential of Ukraine and of possibilities created
by space activity in the interests of the national economy, scientific advancement and State security
and for commercial purposes;
Furtherance of international cooperation and the maintenance and development of existing relations
in matters related to space with due regard for national interests.
Section II. ORGANIZATION OF SPACE ACTIVITY
Article 5. State regulation and management of space activity
State regulation and management of space activity in Ukraine shall be effected by means of the following:
Legislative definition of the basic principles, standards and rules governing space activity;
Elaboration of the conceptual bases of State policy in relation to the exploration and use of outer
space for peaceful purposes and in the interests of State security;
Establishment of the Ukrainian All-State (National) Space Programme;
Specialized training of personnel to be covered by the Ukrainian National Budget;
The application of a licensing (authorization) system in relation to such activity, as well as other rules
and regulations in conformity with legislation currently in force.
The Ukrainian National Space Agency shall be the specially authorized central executive authority
responsible for implementing State policy in relation to space activity.
Article 6. Competences of the Ukrainian National Space Agency
The Ukrainian National Space Agency shall, within its competence:
Formulate the conceptual basis of State policy in relation to the exploration and use of outer space for
peaceful purposes and in the interests of national security;
Provide for the organization of space activity in Ukraine and under the jurisdiction of Ukraine outside
its borders;
Prepare, in collaboration with ministries, other central executive authorities and the Ukrainian
National Academy of Sciences, the Ukrainian All-State (National) Space Programme and ensure its
implementation;
Direct the management and coordination of the work of enterprises, institutions and organizations in
the space and related sectors;
Act as the general State customer placing orders for scientific research relating to the exploration and
exploitation of outer space and to scientific research and design and engineering studies for the
design, manufacture and testing of space technology, including in connection with international space
projects;
Arrange, in collaboration with ministries and other central authorities of Ukraine, for the operation,
maintenance and improvement of space facilities;
Arrange for licensing of space activity in Ukraine and the licensing of such activity under the
jurisdiction of Ukraine outside its borders;
Arrange for the development and operation of the Ukrainian Space Technology Certification System
(UkrSSKT);
Ensure that subjects of space activity in Ukraine are furnished with the requisite regulatory texts;
Carry out the registration of space technology;
Arrange for cooperation between Ukraine and other States and international organizations in spacerelated matters, and ensure the maintenance and development of existing international relations in the
area of space activity;
Undertake action aimed at improving the foreign trade relations of Ukraine with other States in the
area of space activity;
Participate in the preparation of international treaties to be concluded by Ukraine;
Perform other functions in the area of space activities in conformity with legislation currently in
force.
207
Article 7. Ukrainian All-State (National) Space Programme
Space activity in Ukraine shall be pursued on the basis of the Ukrainian All-State (National) Space
Programme, which shall be prepared for periods of five years and submitted by the Cabinet of Ministers of
Ukraine to the Supreme Soviet of Ukraine for its approval.
The Ukrainian All-State (National) Space Programme shall be drawn up by the Ukrainian National Space
Agency in collaboration with the competent central executive authorities and the Ukrainian National
Academy of Sciences on the basis of the aims and basic principles of space activity in Ukraine.
The Ukrainian All-State (National) Space Programme shall serve as the basis for the following:
- Determination of civil, defence and dual-use space technology requirements and the conclusion
of contracts in conformity with current legislation for the performance of scientific research work
(hereinafter referred to as space technology orders) and the release of space technology for the
current year, subject to approval by the Cabinet of Ministers of Ukraine;
- Assignment of funds from the Ukrainian National Budget for the financing of space activity in
accordance with State orders;
- The training of personnel to be covered by the Ukrainian National Budget and the provision of
social welfare coverage for personnel of space facilities;
- Maintenance and improvement of space facilities forming part of the ground infrastructure and
maintenance of the requisite safety standards in space activity;
Conduct of international cooperation in space-related matters, including the involvement of Ukraine in
international space projects.
Article 8. Regulations governing space activity
The regulations governing space activity in Ukraine include operating standards for space facilities, and
standards and regulatory texts governing procedures for the following:
- Licensing of space activity;
- Certification and registration of space facilities;
- Organization, execution and ensuring of space launches and flights;
- Supervision and monitoring of the safety of space launches and flights and of the operation of
space technology;
- Environmental protection in the course of space activity;
- Conduct of search and rescue operations in connection with space activities;
- Conduct of official investigations of incidents and emergencies;
- Construction, operation, maintenance and repair of installations and equipment of infrastructural
ground facilities;
- Training of the personnel of space facilities;
- Implementation of measures to protect space activity from unlawful intrusion.
The regulations governing space activity also include other regulatory acts governing space-related activities
and their safety, as well as compliance with the requirements of intellectual property protection and State,
military and commercial secrecy.
The regulations governing space activity shall be established by the relevant State authorities of Ukraine
within their competence and shall be binding upon all subjects of space activity.
Article 9. Prohibitions on and restrictions of space activity
The following shall be prohibited in connection with the conduct of space activity in Ukraine:
Insertion into orbit and placing in space by whatsoever means of nuclear weapons or any other
types of weapons of mass destruction, or the testing of such weapons;
The use of space technology as a means of producing effects upon the environment for military
purposes or other purposes posing a threat to humankind;
The use of the Moon and other celestial bodies for military purposes;
208
-
The presenting of a direct threat to the life and health of human beings and the causing of
damage to the environment;
The violation of international norms and standards regarding pollution of outer space;
Other acts related to space activity, which are not permissible under international law.
Space activity conducted under a specific project, which has led to the loss of human lives,
substantial material damage or substantial damage to the environment may be restricted or
prohibited in conformity with the legislation of Ukraine currently in force.
Article 10. Licensing of space activity
Any space facility engaging or intending to engage in space activity in Ukraine or under the jurisdiction of
Ukraine outside its borders shall be required to have a licence from the Ukrainian National Space Agency for
the pursuit of such activity.
The list of the types of space activity subject to licensing shall be established by the laws of Ukraine.
The procedures for the licensing of space activity in Ukraine shall be established by the Cabinet of Ministers
of Ukraine.
Article 11. Financing of space activity
Space activity pursued for scientific or economic purposes for which the State is the customer shall be
financed on the basis of the Ukrainian All-State (National) Space Programme and shall be covered by a
special item in the Ukrainian National Budget.
Space activity for the purposes of the defence and security of Ukraine shall be financed from the Ukrainian
National Budget in respect of defence expenditure.
Financing shall be effected through State customers of works for the design and use of space technology and
shall be allocated among contractors in accordance with State contracts.
Foreign credits and investments in space activity related to implementation of the Ukrainian All-State
(National) Space Programme shall be guaranteed by the State in conformity with Ukrainian legislation
currently in force.
Section III. GENERAL REQUIREMENTS IMPOSED ON SPACE FACILITIES
Article 12. Certification of space facilities
Any space facility in Ukraine shall be subject to certification attesting to its compliance with operating
requirements established by the regulatory texts in force in Ukraine, with subsequent issuance of a
compliance certificate.
Procedures for the certification of space technology in Ukraine shall be determined by the Ukrainian Space
Technology Certification System, which shall operate as part of the State Certification System (UkrSEPRO).
Procedures for the testing and certification of imported space facilities or space facilities to be exported from
Ukraine and for the preparation of the respective certification documents shall be established by the
Regulations for the Certification of Space Technology in Ukraine, subject to approval by the Cabinet of
Ministers of Ukraine.
Article 13. Registration of space facilities
Space facilities shall be subject to mandatory State registration in the State Register of Space Facilities of
Ukraine in accordance with Regulations Governing the Registration of Space Facilities in Ukraine, subject to
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approval by the Cabinet of Ministers of Ukraine. If a space facility has been designed jointly with corporate
entities of other countries or with international organizations, the question of its registration shall be decided
in accordance with the international agreements (contracts) concluded.
A space facility registered in the State Register of Space Facilities of Ukraine shall be issued with a
registration certificate.
Following the registration of a space facility in the State Register of Space Facilities of Ukraine, any entries
in respect of such facility previously made in registers of space facilities of other States shall not be
recognized by Ukraine.
The registration of a space facility in the register of space facilities of another State shall not be recognized
by Ukraine unless that facility is also registered in the State Register of Space Facilities of Ukraine.
Article 14. Removal of space facilities from the State Register
A space facility shall be removed from the State Register of Space Facilities by the Ukrainian National
Space Agency if:
It is withdrawn from operation;
It is physically destroyed;
It is transferred in accordance with established procedure to another State or to an international or
foreign enterprise, institution or organization.
If a space facility is removed from the State Register of Space Facilities of Ukraine, the relevant
registration certificate shall be rendered invalid.
Article 15. Clearance, restriction and prohibition of the operation of space facilities
A space facility shall be cleared for operation if it has been issued with a compliance certificate and
registered in the State Register of Space Facilities of Ukraine. The Ukrainian National Space Agency may
restrict or prohibit the operation of space facilities if:
No compliance certificate has been issued or the period of validity of the compliance certificate has
elapsed;
The operation of the space facility is in violation of Ukrainian legislation currently in force; or
The operation of the space facility is in violation of the requirements established by the technical
operating documentation for that facility.
Article 16. Leasing of a space facility
The procedures and rules for leasing a space facility to an international or foreign subject of space activity
shall be governed by the legislation currently in force, unless otherwise provided by international agreements
to which Ukraine is a party which have been concluded in the form of a law.
Section IV. PARTICIPATION BY UKRAINE IN INTERNATIONAL SPACE-RELATED
COOPERATION
Article 17. Ukraine as a subject of international space law
As a subject of international space law, Ukraine shall pursue its space activities on the basis of equality with
other States in the light of its national interests.
Ukraine shall ensure the fulfilment of all its international obligations in the field of space activity and shall
bear responsibility under generally recognized standards of international law and the provisions of
international treaties to which it is a party.
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Article 18. Principles of international space activity
International space activity in Ukraine shall be conducted in accordance with the following fundamental
principles:
- Strengthening of national sovereignty;
- Observance of generally recognized principles and standards of international law;
- Maintenance and further development of existing international links;
- Fostering of the integration of Ukraine in the global economy;
- Freedom of foreign-economic enterprise;
- The legal equality of subjects of space activity; and
- Protection of the interests of subjects of space activity in the territory of Ukraine and outside its
borders.
Article 19. Settlement of disputes
Disputes arising in the course of international space-related cooperation shall be subject to examination in
the courts of Ukraine, unless otherwise provided by the international treaties to which Ukraine is a party.
Section V. ENSURING THE SAFETY OF SPACE ACTIVITY
Article 20. State supervision of the safety of space activity
State supervision of compliance with safety requirements in respect of space activity, as well as the training
and certification of persons responsible for monitoring compliance with space regulations and verifying the
necessary level of safety of space activity and of persons investigating incidents and emergencies shall be
the responsibility of the Ukrainian National Space Agency, the Ministry of Defence of Ukraine and other
executive authorities within their competence.
Article 21. Public safety and environmental protection
In the pursuit of space activity, subjects of space activity shall comply with safety requirements with regard
to the life and health of the public, the property of citizens, enterprises, institutions and organizations and
protection of the environment.
Subjects of space activity shall ensure that the necessary measures are taken in order to prevent
environmental damage as the result of space activity in accordance with Ukrainian legislation currently in
force.
Article 22. Transport of space technology
For the purposes of the transport of space technology presenting a threat to the life or health of the
population or to the environment, use shall mandatorily be made of special means of transport under guard.
Procedures for organizing the guarding and transport of space technology shall be established by special
regulations, subject to approval by the Cabinet of Ministers of Ukraine.
Article 23. Notification of incidents and emergencies
Subjects of space activity shall be under a compulsory requirement to furnish full information to executive
authorities on any incidents or emergencies.
The Ukrainian National Space Agency, ministries and other central executive authorities shall be required to
furnish prompt and reliable information on the danger posed by the conduct of space activity, as well as on
measures aimed at ensuring the necessary levels of safety for the public, property and the environment, to
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the duly authorized State authority, enterprises, institutions and organizations, as well as to citizens at their
request.
Should there arise in the course of space activity a threat to the population of Ukraine or to its environment
or to foreign States, the Ukrainian National Space Agency shall, in conformity with legislation currently in
force, immediately inform the competent State authorities of Ukraine of such threat and shall also take the
necessary measures to ensure public safety and the safety of the property of citizens, enterprises, institutions
and organizations and of the environment.
Article 24. Compulsory insurance in the pursuit of space activity in Ukraine
The list of types of compulsory insurance to be taken out in connection with the pursuit of space activity
shall be established by the Ukrainian legislation currently in force.
Procedures for compulsory insurance shall be established by the Cabinet of Ministers of Ukraine.
Article 25. Liability for damage sustained in the course of space activity, and compensation therefor
Liability for damage sustained in the course of space activity, as well as procedures for determining the
extent of such damage for which compensation shall be payable, shall be established in conformity with
Ukrainian legislation currently in force.
Section VI. SPACE ACTIVITY RELATED TO THE DEFENCE AND SECURITY OF UKRAINE
Article 26. Conduct of space activity related to defence and national security
Space activity related to defence and national security shall be conducted by the Ministry of Defence of
Ukraine, which shall be responsible, jointly with the relevant ministries and other central executive
authorities, for implementation of the Ukrainian All-State (National) Space Programme in respect of the use
of military and dual-use space technology.
Article 27. Cooperation of the Ministry of Defence of Ukraine with the Ukrainian National Space
Agency in relation to space activity
Procedures for cooperation between the Ministry of Defence of Ukraine and the Ukrainian National Space
Agency in the conduct of space activity shall be defined by a statute, subject to approval by the Cabinet of
Ministers of Ukraine.
Article 28. Competence of the Ministry of Defence of Ukraine in relation to space activity
The Ministry of Defence of Ukraine, within its competence, shall:
Formulate the conceptual basis of national space policy and of the Ukrainian All-State (National)
Space Programme in respect of the part relating to the design and use of military space technology,
and, in conjunction with the Ukrainian National Space Agency, of dual-use space technology;
Prepare orders and arrange for the respective work to be performed in relation to the design and use
of military space technology and, in conjunction with the Ukrainian National Space Agency, of dualuse space technology on the basis of the Ukrainian All-State (National) Space Programme;
Provide for the use of space technology for the purposes of the defence of Ukraine;
In conjunction with the Ukrainian National Space Agency, ensure the operation and development of
ground and space infrastructural facilities;
Participate in the process of the certification of military space technology.
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Section VII. FINAL PROVISIONS
Article 29. Liability for offences under the legislation on space activity in Ukraine
Offences under the legislation on space activity in Ukraine shall be punishable by disciplinary, civil-law or
criminal penalties in conformity with Ukrainian legislation currently in force.
-----------------------------------------------------------On Procedures For The Entry Into Force Of The Law Of Ukraine On Space Activity
Ordinance of the Supreme Soviet of Ukraine of 15 November 1996
No. 503/96-VR (VVRU), 1197, No. 1, p. 3)
The Supreme Soviet of Ukraine orders that:
1.
The Law of Ukraine on Space Activity shall enter into force on the day of its publication.
2.
The Cabinet of Ministers of Ukraine shall, within a period of three months:
Submit to the Supreme Soviet of Ukraine for its consideration proposals for the harmonization of legislative
acts of Ukraine with this Law; Harmonize decisions of the Government of Ukraine with the Law of
Ukraine on Space Activity; Ensure the review and revocation by ministries and government
departments of Ukraine of their regulatory acts not in harmony with this Law.
3.
The Cabinet of Ministers of Ukraine shall, in the first half of 1997, submit to the Supreme Soviet of
Ukraine for approval the draft Ukrainian All-State (National) Space Programme.
-------------------------------------------------------------------------------On The Amendment Of Particular Legislative Acts Of Ukraine Regarding The Activities Of
Communications Enterprises
Law of Ukraine of 20 December 1996
No. 626/96-VR (VVRU, 1997, No. 9, p. 71)
The Supreme Soviet of Ukraine orders that:
I.
1.
Amendments be made in the following legislative acts of Ukraine:
In article 4 of the Law of Ukraine on Entrepreneurial Activity (Gazette of the Supreme Soviet of the
Ukrainian Soviet Socialist Republic, 1991, No. 14, p. 168; Gazette of the Supreme Soviet of Ukraine,
1992, No. 51, p. 680; 1993, No. 30, p. 322, p. 324, No. 51, p. 481, p. 482; 1994, No. 3, p. 13, No. 28,
p. 234, No. 33, p. 301, No. 40, p. 366, No. 49, p. 434; 1995, No. 7, p. 47, No. 10, p. 64, No. 30, p.
232, No. 45, p 334, p. 335, p. 336; 1996, No. 2, p. 4, No. 31, p. 144)
1) The following wording shall be added to the first part:
"Activity relating to the technical maintenance and operation of primary networks (except for local
networks) and satellite telephone communications systems in general-use communications networks
(except for satellite telephone communications systems in general-use networks in which there is a
ground tracking station in the territory of Ukraine and which are established or developed with the aid
of national carrier rockets or national spacecraft), together with the dispatch of money transfers,
letters of up to 20 (twenty) grams or postcards, the payment and delivery of pensions, and the
furnishing of financial assistance to citizens of limited means, shall be carried out exclusively by
State enterprises and communications associations";
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2) In the second part:
(a) Paragraphs 27 and 28 shall be redrafted as follows:
"Construction and technical maintenance of general-use data transmission and documentary
communications networks and the provision of services using such networks;
"Construction and technical maintenance of relay stations in satellite communications networks and
the provision of services relating to their use";
(b) In paragraph 30, the words "postal correspondence" shall be replaced with the words "postal
dispatches";
(c) Paragraph 31 shall be deleted;
(d) This part shall be supplemented by the following new paragraphs:
"Construction and technical maintenance of television, radio and wire broadcasting networks;
"Construction and technical maintenance of international, inter-city and local telephone
communications networks and the provision of services using such networks;
"Construction and technical maintenance of mobile communications networks and the provision of
services related to their use".
2.
In article 11 of the Law of Ukraine on Communications (Gazette of the Supreme Soviet of Ukraine,
1995, No. 20, p. 143), after the first part a new part shall be added as follows:
"The first part of this article shall not apply to general-use satellite telephone communications
systems which have a ground tracking station in the territory of Ukraine and are established or
developed with the aid of national carrier rockets or national spacecraft".
In this connection, the second and third part shall be deemed the third and fourth part respectively.
3.
In Decree No. 9-93 of the Cabinet of Ministers of Ukraine of 21 January 1993 "on the association of
State communications enterprises and the licensing of particular types of activity related to
communications" (Gazette of the Supreme Soviet of the Ukraine, 1993, No. 13, p. 115):
1)
The title of the Decree shall be worded as follows:
"On the association of State communications enterprises";
2)
II.
Article 2 shall be deleted.
This Law shall enter into force on the day of its publication.
DECREE No. 117 of the President of Ukraine on the Establishment of the National
Space Agency of Ukraine (29/02/1992)
External Link: http://www.oosa.unvienna.org/SpaceLaw/national/ukraine/decree_1992U.pdf
[Text in Ukrainian]
214
DECREE No. 665/97 of the President of Ukraine on Regulations for the National
Space Agency of Ukraine (22/07/1997)
External Link: http://www.oosa.unvienna.org/SpaceLaw/national/ukraine/decree_1997U.pdf
[Text in Ukrainian]
UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND
OUTER SPACE ACT, 1986 Chapter 38
United Kingdom, 1986
1986 Chapter 38
An Act to confer licensing and other powers on the Secretary of State to secure compliance with the
international obligations of the United Kingdom with respect to the launching and operation of space objects
and the carrying on of other activities in outer space by persons connected with this country. [18th July
1986]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords
Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the
same, as follows:Application of act
1.
2.
(1)
(2)
(3)
This Act applies to the following activities whether carried on in the United Kingdom or elsewhere(a) launching or procuring the launch of a space object;
(b) operating a space object;
(c) any activity in outer space.
This Act applies to United Kingdom nationals, Scottish firms, and bodies incorporated under the law
of any part of the United Kingdom.
For this purpose "United Kingdom national" means an individual who is(a) a British citizen, a British Dependent Territories citizen, a British National (Overseas), or a British
Overseas citizen,
(b) a person who under the British Nationality Act 1981 is a British subject, or
(c) a British protected person within the meaning of that Act.
Her Majesty may by Order in Council extend the application of this Act to bodies incorporated under
the law of any of the Channel Islands, the Isle of Man or any dependent territory.
Licensing of activities
3.
(1)
(2)
A person to whom this Act applies shall not, subject to the following provisions, carry on an activity
to which this Act applies except under the authority of a licence granted by the Secretary of State.
A licence is not required-
215
(3)
(4)
4.
(1)
(2)
(3)
5.
(1)
(2)
(a) by a person acting as employee or agent of an other; or
(b) for activities in respect of which it is certified by Order in Council that arrangements have been
made between the United Kingdom and another country to secure compliance with the international
obligations of the United Kingdom.
The Secretary of State may by order except other persons or activities from the requirement of a
licence if he is satisfied that the requirement is not necessary to secure compliance with the
international obligations of the United Kingdom.
An order shall be made by statutory instrument, which shall be subject to annulment in pursuance of a
resolution of either House of Parliament.
The Secretary of State may grant a licence if he thinks fit.
He shall not grant a licence unless he is satisfied that the activities authorised by the licence(a) will not jeopardise public health or the safety of persons or property,
(b) will be consistent with the international obligations of the United Kingdom, and
(c) will not impair the national security of the United Kingdom.
The Secretary of State may make regulations(a) prescribing the form and contents of applications for licences and other documents to be filed in
connection with applications;
(b) regulating the procedure to be followed in connection with applications and authorising the
rectification of procedural irregularities;
(c) prescribing time limits for doing anything required to be done in connection with an application
and providing for the extension of any period so prescribed;
(d) requiring the payment to the Secretary of State of such fees as may be prescribed.
A licence shall describe the activities authorised by it and shall be granted for such period, and may
be granted subject to such conditions, as the Secretary of State thinks fit.
A licence may in particular contain conditions(a) permitting inspection by the Secretary of State of the licensee's facilities, and inspection and
testing by him of the licensee's equipment;
(b) requiring the licensee to provide the Secretary of State as soon as possible with information as to(i) the date and territory or location of launch, and
(ii) the basic orbital parameters, including modal period, inclination, apogee and perigee, and
with such other information as the Secretary of State thinks fit concerning the nature, conduct,
location and results of the licensee's activities;
(c) permitting the Secretary of State to inspect and take copies of documents relating to the
information required to be given to him;
(d) requiring the licensee to obtain advance approval from the Secretary of State for any intended
deviation from the orbital parameters, and to inform the Secretary of State immediately of any
unintended deviation
(e) requiring the licensee to conduct his operations in such a way as to(i) prevent the contamination of outer space or adverse changes in the environment of the
earth,
(ii) avoid interference with the activities of others in the peaceful exploration and use of outer
space
(iii) avoid any breach of the United Kingdom's international obligations, and
(iv) preserve the national security of the United Kingdom;
(f) requiring the licensee to insure himself against liability incurred in respect of damage or loss
suffered by third parties, in the United Kingdom or elsewhere, as a result of the activities authorised
by the licence;
(g) governing the disposal of the payload in outer space on the termination of operations under the
licence and requiring the licensee to notify the Secretary of State as soon as practicable of its final
disposal; and
(h) providing for the termination of the licence on a specified event.
216
6.
(1)
(2)
A licence may be transferred with the written consent of the Secretary of State and in such other cases
as may be prescribed.
The Secretary of State may revoke, vary or suspend a licence with the consent of the licensee or
where it appears to him(a) that a condition of the licence or any regulation made under this Act has not been complied with,
or
(b) that revocation, variation or suspension of the licence is required in the interests of public health
or national security, or to comply with any international obligation of the United Kingdom.
Other controls
7.
(1)
(2)
(3)
8.
(1)
(2)
(3)
9.
(1)
(2)
(3)
(4)
(5)
(6)
10.
(1)
(2)
The Secretary of State shall maintain a register space of space objects.
There shall be entered in the register such particulars of such space objects as the Secretary of State
considers appropriate to comply with the international obligations of the United Kingdom.
Any person may inspect a copy of the register on payment of such fee as the Secretary of State may
prescribe.
If it appears to the Secretary of State that an activity is being carried on by a person to whom this Act
applies(a) in contravention of section 3 (licensing requirement), or
(b) in contravention of the conditions of a licence, he may give such directions to that person as
appear to him necessary to secure compliance with the international obligations of the United
Kingdom or with the conditions of the licence.
He may, in particular, give such directions as appear to him necessary to secure the cessation of the
activity or the disposal of any space object.
Compliance with a direction may, without prejudice to other means of enforcement, be enforced on
the application of the Secretary of State by injunction or, in Scotland, by interdict or by order under
section 91 of the Court of Session Act 1968.
If a justice of the peace is satisfied by information on oath that there are reasonable grounds for
believing(a) that an activity is being carried on by a person to whom this Act applies in contravention of
section 3 (licensing requirement) or in contravention of the conditions of a licence, and
(b) that a direction under section 8 has not been complied with, or a refusal to comply with such a
direction is apprehended, or the case is one of urgency, he may issue a warrant authorising a named
person acting on behalf of the Secretary of State to do anything necessary to secure compliance with
the international obligations of the United Kingdom or with the conditions of the licence.
The warrant shall specify the action so authorised.
The warrant may authorise entry onto specified premises at any reasonable hour and on production, if
so required, of the warrant.
The powers conferred by the warrant include power to use reasonable force, if necessary, and may be
exercised by the named person together with other persons.
A warrant remains in force for a period of one month from the date of its issue.
In Scotland the reference in subsection (1) to a justice of the peace shall be construed as a reference to
a justice of the peace or a sheriff and the reference to information shall be construed as a reference to
evidence.
A person to whom this Act applies shall indemnify Her Majesty's government in the United Kingdom
against any claims brought against the government in respect of damage or loss arising out of
activities carried on by him to which this Act applies.
This section does not apply-
217
(a) to a person acting as employee or agent of another; or
(b) to damage or loss resulting from anything done on the instructions of the Secretary of State.
General
11.
(1)
(2)
The Secretary of State may make regulations(a) prescribing anything required or authorised to be prescribed under this Act, and
(b) generally for carrying this Act into effect.
Regulations under this Act shall be made by statutory instrument which shall be subject to annulment
in pursuance of a resolution of either House of Parliament.
12.
(1)
A person commits an offence who(a) carries on an activity in contravention of section 3 (licensing requirement);
(b) for the purpose of obtaining a licence (for himself or for another) knowingly or recklessly makes a
statement which is false in a material particular;
(c) being the holder of a licence, fails to comply with the conditions of the licence;
(d) fails to comply with a direction under section 8;
(e) intentionally obstructs a person in the exercise of powers conferred by a warrant under section 9;
or
(f) fails to comply with such of the regulations under this Act as may be prescribed.
(2)
A person committing an offence is liable on conviction on indictment to a fine and on summary
conviction to a fine not exceeding the statutory maximum.
(3)
Where an offence committed by a body corporate is proved to have been committed with the consent
or connivance of, or to be attributable to neglect on the part of, a director, secretary or other similar
officer of the body corporate, or a person purporting to act in any such capacity, he as well as the
body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
In this subsection "director", in relation to a body corporate whose affairs are managed by its members,
means a member of the body corporate.
(4)
Proceedings for an offence committed outside the United Kingdom may be taken, and the offence
may for incidental purposes be treated as having been committed, in any place in the United
Kingdom.
(5)
In proceedings for an offence under paragraph (a), (c), (d) or (f) of subsection (1) it is a defence for
the accused to show that he used all due diligence and took all reasonable precautions to avoid the
commission of the offence.
(6)
A person other than a person to whom this Act applies is not guilty of an offence under this Act in
respect of things done by him outside the United Kingdom, except(a) an offence of aiding, abetting, counselling or procuring conspiracy or incitement in relation to the
commission of an offence under this Act in the United Kingdom; or
(b) an offence under subsection (3) (liability of directors, officers, &c.) in connection with an offence
committed by a body corporate which is a person to whom this Act applies.
(7)
Section 2 (person to whom this Act applies) shall not be construed as restricting the persons against
whom proceedings for an offence may be brought.
13.
(1)
In this Act"dependent territory" means(a) a colony, or
(b) a country outside Her Majesty's dominions in which Her Majesty has jurisdiction in right of Her
Government in the United Kingdom;
"outer space" includes the moon and other celestial bodies; and
"space object" includes the component parts of a space object, its launch vehicle and the component parts of
that.
218
(2)
For the purposes of this Act a person carries on an activity if he causes it to occur or is responsible for
its continuing.
14.
The following Table shows provisions defining or otherwise explaining expressions used in this Act (other
than provisions defining or explaining an expression used in the same section):
- activities to which this Act applies section 1
- carrying on an activity section 13(2)
- dependent territory section 13(1)
- outer space section 13(1)
- person to whom this Act applies section 2
- prescribed section 11(1)(a)
- space object section 13(1)
15.
(1)
(2)
(3)
(4)
(5)
(6)
This Act may be cited as the Outer Space Act 1986.
This Act comes into force on such day as the Secretary of State may appoint by order made by
statutory instrument.
The Secretary of State may appoint a later day for the commencement of so much of section 2(2)(a)
as refers to the status of British National (Overseas).
activities to which this Act applies begun before the commencement of this Act may be carried on
without a licence under section 3 for six months after commencement; but sections 8 and 9
(directions and action to secure compliance with international obligations) apply to such activities as
they apply to activities carried on in contravention of that section.
This Act extends to England and Wales, Scotland and Northern Ireland.
Her Majesty may by Order in Council direct that this Act shall apply, subject to such exceptions and
modifications as may be specified in the Order, to the Channel Islands, the Isle of Man or any
dependent territory.
UNITED STATES OF AMERICA
National Space Agency
THE NATIONAL AERONAUTICS AND SPACE ACT
Pub. L. No. 85-568, As Amended
[…]
AN ACT
To provide for research into problems of flight within and outside the earth's atmosphere, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress
assembled,
219
TITLE I--SHORT TITLE, DECLARATION OF POLICY, AND DEFINITIONS
SHORT TITLE
Sec. 101.
This Act may be cited as the "National Aeronautics and Space Act of 1958".
DECLARATION OF POLICY AND PURPOSE
Sec. 102
(a)
The Congress hereby declares that it is the policy of the United States that activities in space should
be devoted to peaceful purposes for the benefit of all mankind.
(b)
The Congress declares that the general welfare and security of the United States require that adequate
provision be made for aeronautical and space activities. The Congress further declares that such
activities shall be the responsibility of, and shall be directed by, a civilian agency exercising control
over aeronautical and space activities sponsored by the United States, except that activities peculiar to
or primarily associated with the development of weapons systems, military operations, or the defense
of the United States (including the research and development necessary to make effective provision
for the defense of the United States) shall be the responsibility of, and shall be directed by, the
Department of Defense; and that determination as to which such agency has responsibility for and
direction of any such activity shall be made by the President in conformity with section 201(e).
(c)
The Congress declares that the general welfare of the United States requires that the National
Aeronautics and Space Administration (as established by title II of this Act) seek and encourage, to
the maximum extent possible, the fullest commercial use of space.
(d)
The aeronautical and space activities of the United States shall be conducted so as to contribute
materially to one or more of the following objectives:
(1) The expansion of human knowledge of the Earth and of phenomena in the atmosphere and space;
(2) The improvement of the usefulness, performance, speed, safety, and efficiency of aeronautical and
space vehicles;
(3) The development and operation of vehicles capable of carrying instruments, equipment, supplies,
and living organisms through space;
(4) The establishment of long-range studies of the potential benefits to be gained from, the
opportunities for, and the problems involved in the utilization of aeronautical and space activities for
peaceful and scientific purposes;
(5) The preservation of the role of the United States as a leader in aeronautical and space science and
technology and in the application thereof to the conduct of peaceful activities within and outside the
atmosphere;
(6) The making available to agencies directly concerned with national defense of discoveries that
have military value or significance, and the furnishing by such agencies, to the civilian agency
established to direct and control nonmilitary aeronautical and space activities, of information as to
discoveries which have value or significance to that agency;
(7) Cooperation by the United States with other nations and groups of nations in work done pursuant
to this Act and in the peaceful application of the results thereof;
(8) The most effective utilization of the scientific and engineering resources of the United States, with
close cooperation among all interested agencies of the United States in order to avoid unnecessary
duplication of effort, facilities, and equipment; and
(9) The preservation of the United States preeminent position in aeronautics and space through
research and technology development related to associated manufacturing processes.
(e)
The Congress declares that the general welfare of the United States requires that the unique
competence in scientific and engineering systems of the National Aeronautics and Space
Administration also be directed toward ground propulsion systems research and development. Such
development shall be conducted so as to contribute to the objectives of developing energy- and
petroleum-conserving ground propulsion systems, and of minimizing the environmental degradation
caused by such systems.
(f)
The Congress declares that the general welfare of the United States requires that the unique
competence of the National Aeronautics and Space Administration in science and engineering
220
(g)
systems be directed to assisting in bioengineering research, development, and demonstration
programs designed to alleviate and minimize the effects of disability.
It is the purpose of this Act to carry out and effectuate the policies declared in subsections (a), (b),
(c), (d), (e), and (f).
DEFINITIONS
Sec. 103.
As used in this Act-(1)
the term "aeronautical and space activities" means (A) research into, and the solution of, problems
of flight within and outside the Earth's atmosphere, (B) the development, construction, testing, and
operation for research purposes of aeronautical and space vehicles, (C) the operation of a space
transportation system including the Space Shuttle, upper stages, space platforms, and related
equipment, and (D) such other activities as may be required for the exploration of space; and
(2)
the term "aeronautical and space vehicles" means aircraft, missiles, satellites, and other space
vehicles, manned and unmanned, together with related equipment, devices, components, and parts.
TITLE II--COORDINATION OF AERONAUTICAL AND SPACE ACTIVITIES
NATIONAL AERONAUTICS AND SPACE COUNCIL
[Sec. 201. (a) There is hereby established the National Aeronautics and Space Council...]
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
Sec. 202.
(a)
There is hereby established the National Aeronautics and Space Administration (hereinafter called the
"Administration"). The Administration shall be headed by an Administrator, who shall be appointed
from civilian life by the President by and with the advice and consent of the Senate. Under the
supervision and direction of the President, the Administrator shall be responsible for the exercise of
all powers and the discharge of all duties of the Administration, and shall have authority and control
over all personnel and activities thereof.
(b)
There shall be in the Administration a Deputy Administrator, who shall be appointed from civilian
life by the President by and with the advice and consent of the Senate and shall perform such duties
and exercise such powers as the Administrator may prescribe. The Deputy Administrator shall act for,
and exercise the powers of, the Administrator during his absence or disability.
(c)
The Administrator and the Deputy Administrator shall not engage in any other business, vocation, or
employment while serving as such.
FUNCTIONS OF THE ADMINISTRATION
Sec. 203.
(a)
The Administration, in order to carry out the purpose of this Act, shall-(1) plan, direct, and conduct aeronautical and space activities;
(2) arrange for participation by the scientific community in planning scientific measurements and
observations to be made through use of aeronautical and space vehicles, and conduct or arrange for
the conduct of such measurements and observations;
(3) provide for the widest practicable and appropriate dissemination of information concerning its
activities and the results thereof;
(4) seek and encourage, to the maximum extent possible, the fullest commercial use of space; and
(5) encourage and provide for Federal Government use of commercially provided space services and
hardware, consistent with the requirements of the Federal Government.
(b)
(1) The Administration shall, to the extent of appropriated funds, initiate, support, and carry out such
research, development, demonstration, and other related activities in ground propulsion technologies
as are provided for in sections 4 through 10 of the Electric and Hybrid Vehicle Research,
Development, and Demonstration Act of 1976.
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(c)
(2) The Administration shall initiate, support, and carry out such research, development,
demonstrations, and other related activities in solar heating and cooling technologies (to the extent
that funds are appropriated therefor) as are provided for in sections 5, 6, and 9 of the Solar Heating
and Cooling Demonstration Act of 1974.
In the performance of its functions the Administration is authorized-(1) to make, promulgate, issue, rescind, and amend rules and regulations governing the manner of its
operations and the exercise of the powers vested in it by law;
(2) to appoint and fix the compensation of such officers and employees as may be necessary to carry
out such functions. Such officers and employees shall be appointed in accordance with the civilservice laws and their compensation fixed in accordance with the Classification Act of 1949, except
that (A) to the extent the Administrator deems such action necessary to the discharge of his
responsibilities, he may appoint not more than four hundred and twenty-five of the scientific,
engineering, and administrative personnel of the Administration without regard to such laws, and may
fix the compensation of such personnel not in excess of the highest rate of grade 18 of the General
Schedule of the Classification Act of 1949, as amended and (B) to the extent the Administrator deems
such action necessary to recruit specially qualified scientific and engineering talent, he may establish
the entrance grade for scientific and engineering personnel without previous service in the Federal
Government at a level up to two grades higher than the grade provided for such personnel under the
General Schedule established by the Classification Act of 1949, and fix their compensation
accordingly;
(3) to acquire (by purchase, lease, condemnation, or otherwise), construct, improve, repair, operate,
and maintain laboratories, research and testing sites and facilities, aeronautical and space vehicles,
quarters and related accommodations for employees and dependents of employees of the
Administration, and such other real and personal property (including patents), or any interest therein,
as the Administration deems necessary within and outside the continental United States; to acquire by
lease or otherwise, through the Administrator of General Services, buildings or parts of buildings in
the District of Columbia for the use of the Administration for a period not to exceed ten years without
regard to the Act of March 3, 1877 (40 U.S.C. 34); to lease to others such real and personal property;
to sell and otherwise dispose of real and personal property (including patents and rights thereunder) in
accordance with the provisions of the Federal Property and Administrative Services Act of 1949, as
amended (40 U.S.C. 471 et seq.); and to provide by contract or otherwise for cafeterias and other
necessary facilities for the welfare of employees of the Administration at its installations and
purchase and maintain equipment therefor;
(4) to accept unconditional gifts or donations of services, money, or property, real, personal, or
mixed, tangible or intangible;
(5) without regard to section 3648 of the Revised Statutes, as amended (31 U.S.C. 529), to enter into
and perform such contracts, leases, cooperative agreements, or other transactions as may be necessary
in the conduct of its work and on such terms as it may deem appropriate, with any agency or
instrumentality of the United States, or with any State, Territory, or possession, or with any political
subdivision thereof, or with any person, firm, association, corporation, or educational institution. To
the maximum extent practicable and consistent with the accomplishment of the purposes of this Act,
such contracts, leases, agreements, and other transactions shall be allocated by the Administrator in a
manner which will enable small-business concerns to participate equitably and proportionately in the
conduct of the work of the Administration;
(6) to use, with their consent, the services, equipment, personnel, and facilities of Federal and other
agencies with or without reimbursement, and on a similar basis to cooperate with other public and
private agencies and instrumentalities in the use of services, equipment, and facilities. Each
department and agency of the Federal Government shall cooperate fully with the Administration in
making its services, equipment, personnel, and facilities available to the Administration, and any such
department or agency is authorized, notwithstanding any other provision of law, to transfer to or to
receive from the Administration, without reimbursement, aeronautical and space vehicles, and
supplies and equipment other than administrative supplies or equipment;
(7) to appoint such advisory committees as may be appropriate for purposes of consultation and
advice to the Administration in the performance of its functions;
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(8) to establish within the Administration such offices and procedures as may be appropriate to
provide for the greatest possible coordination of its activities under this Act with related scientific and
other activities being carried on by other public and private agencies and organizations;
(9) to obtain services as authorized by section 3109 of title 5, United States Code, but at rates for
individuals not to exceed the per diem rate equivalent to the rate for GS-18;
(10) when determined by the Administrator to be necessary, and subject to such security
investigations as he may determine to be appropriate, to employ aliens without regard to statutory
provisions prohibiting payment of compensation to aliens;
(11) to provide by concession, without regard to section 321 of the Act of June 30, 1932 (47 Stat.
412; 40 U.S.C. 303b), on such terms as the Administrator may deem to be appropriate and to be
necessary to protect the concessioner against loss of his investment in property (but not anticipated
profits) resulting from the Administration's discretionary acts and decisions, for the construction,
maintenance, and operation of all manner of facilities and equipment for visitors to the several
installations of the Administration and, in connection therewith, to provide services incident to the
dissemination of information concerning its activities to such visitors, without charge or with a
reasonable charge therefor (with this authority being in addition to any other authority which the
Administration may have to provide facilities, equipment, and services for visitors to its installations).
A concession agreement under this paragraph may be negotiated with any qualified proposer
following due consideration of all proposals received after reasonable public notice of the intention to
contract. The concessioner shall be afforded a reasonable opportunity to make a profit commensurate
with the capital invested and the obligations assumed, and the consideration paid by him for the
concession shall be based on the probable value of such opportunity and not on maximizing revenue
to the United States. Each concession agreement shall specify the manner in which the concessioner's
records are to be maintained, and shall provide for access to any such records by the Administration
and the Comptroller General of the United States for a period of five years after the close of the
business year to which such records relate. A concessioner may be accorded a possessory interest,
consisting of all incidents of ownership except legal title (which shall vest in the United States), in
any structure, fixture, or improvement he constructs or locates upon land owned by the United States;
and, with the approval of the Administration, such possessory interest may be assigned, transferred,
encumbered, or relinquished by him, and, unless otherwise provided by contract, shall not be
extinguished by the expiration or other termination of the concession and may not be taken for public
use without just compensation;
(12) with the approval of the President, to enter into cooperative agreements under which members of
the Army, Navy, Air Force, and Marine Corps may be detailed by the appropriate Secretary for
services in the performance of functions under this Act to the same extent as that to which they might
be lawfully assigned in the Department of Defense;
(13) (A) to consider, ascertain, adjust, determine, settle, and pay, on behalf of the United States, in
full satisfaction thereof, any claim for $25,000 or less against the United States for bodily injury,
death, or damage to or loss of real or personal property resulting from the conduct of the
Administration's functions as specified in subsection (a) of this section, where such claim is presented
to the Administration in writing within two years after the accident or incident out of which the claim
arises; and
(B) if the Administration considers that a claim in excess of $25,000 is meritorious and would
otherwise be covered by this paragraph, to report the facts and circumstances thereof to the
Congress for its consideration; and
(14) Repealed.
Sec. 204. [Civilian-Military Liaison Committee] abolished.
INTERNATIONAL COOPERATION
Sec. 205.
The Administration, under the foreign policy guidance of the President, may engage in a program of
international cooperation in work done pursuant to this Act, and in the peaceful application of the results
thereof, pursuant to agreements made by the President with the advice and consent of the Senate.
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REPORTS TO CONGRESS
Sec. 206.
(a)
The President shall transmit to the Congress in May of each year a report, which shall include (1) a
comprehensive description of the programed activities and the accomplishments of all agencies of the
United States in the field of aeronautics and space activities during the preceding fiscal year, and (2)
an evaluation of such activities and accomplishments in terms of the attainment of, or the failure to
attain, the objectives described in section 102(c) of this Act.
(b)
Any report made under this section shall contain such recommendations for additional legislation as
the Administrator or the President may consider necessary or desirable for the attainment of the
objectives described in section 102(c) of this Act.
(c)
No information which has been classified for reasons of national security shall be included in any
report made under this section, unless such information has been declassified by, or pursuant to
authorization given by, the President.
DISPOSAL OF EXCESS LAND
Sec. 207.
Notwithstanding the provisions of this or any other law, the Administration may not report to a disposal
agency as excess to the needs of the Administration any land having an estimated value in excess of $50,000
which is owned by the United States and under the jurisdiction and control of the Administration, unless (A)
a period of thirty days has passed after the receipt by the Speaker and the Committee on Science and
Astronautics of the House of Representatives and the President and the Committee on Aeronautical and
Space Sciences of the Senate of a report by the Administrator or his designee containing a full and complete
statement of the action proposed to be taken and the facts and circumstances relied upon in support of such
action, or (B) each such committee before the expiration of such period has transmitted to the Administrator
written notice to the effect that such committee has no objection to the the proposed action.
Sec. 208. [Donations For Space Shuttle Orbiter] authority expired.
TITLE III—MISCELLANEOUS
NATIONAL ADVISORY COMMITTEE FOR AERONAUTICS
Sec. 301.
(a)
The National Advisory Committee for Aeronautics, on the effective date of this section, shall cease to
exist. On such date all functions, powers, duties, and obligations, and all real and personal property,
personnel (other than members of the Committee), funds, and records of that organization, shall be
transferred to the Administration.
(b)
Section 2302 of title 10 of the United States Code is amended by striking out "or the Executive
Secretary of the National Advisory Committee for Aeronautics." and inserting in lieu thereof "or the
Administrator of the National Aeronautics and Space Administration."; and section 2303 of such title
10 is amended by striking out "The National Advisory Committee for Aeronautics." and inserting in
lieu thereof "The National Aeronautics and Space Administration."
(c)
The first section of the Act of August 26, 1950 (5 U.S.C. 22-1), is amended by striking out "the
Director, National Advisory Committee for Aeronautics" and inserting in lieu thereof "the
Administrator of the National Aeronautics and Space Administration", and by striking out "or
National Advisory Committee for Aeronautics" and inserting in lieu thereof "or National Aeronautics
and Space Administration".
(d)
The Unitary Wind Tunnel Plan Act of 1949 (50 U.S.C. 511-515) is amended (1) by striking out "The
National Advisory Committee for Aeronautics (hereinafter referred to as the 'Committee')" and
inserting in lieu thereof "The Administrator of the National Aeronautics and Space Administration
(hereinafter referred to as the 'Administrator')"; (2) by striking out "Committee" or "Committee's"
wherever they appear and inserting in lieu thereof "Administrator" and "Administrator's",
respectively; and (3) by striking out "its" wherever it appears and inserting in lieu thereof "his".
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(e)
This section shall take effect ninety days after the date of the enactment of this Act, or on any earlier
date on which the Administrator shall determine, and announce by proclamation published in the
Federal Register, that the Administration has been organized and is prepared to discharge the duties
and exercise the powers conferred upon it by this Act.
TRANSFER OF RELATED FUNCTIONS
Sec. 302.
(a)
Subject to the provisions of this section, the President, for a period of four years after the date of
enactment of this Act, may transfer to the Administration any functions (including powers, duties,
activities, facilities, and parts of functions) of any other department or agency of the United States or
of any officer or organizational entity thereof, which relate primarily to the functions, powers, and
duties of the Administration as prescribed by section 203 of this Act. In connection with any such
transfer, the President may, under this section or other applicable authority, provide for appropriate
transfers of records, property, civilian personnel, and funds.
(b)
Whenever any such transfer is made before January 1, 1959, the President shall transmit to the
Speaker of the House of Representatives and the President pro tempore of the Senate a full and
complete report concerning the nature and effect of such transfer.
(c)
After December 31, 1958, no transfer shall be made under this section until (1) a full and complete
report concerning the nature and effect of such proposed transfer has been transmitted by the
President to the Congress, and (2) the first period of sixty calendar days of regular session of the
Congress following the date of receipt of such report by the Congress has expired without the
adoption by the Congress of a concurrent resolution stating that the Congress does not favor such
transfer.
ACCESS TO INFORMATION
Sec. 303.
(a)
Information obtained or developed by the Administrator in the performance of his functions under
this Act shall be made available for public inspection; except (A) information authorized or required
by Federal statute to be withheld, (B) information classified to protect the national security; and (C)
information described in subsection (b): Provided, That nothing in this Act shall authorize the
witholding of information by the Administrator from the duly authorized committees of the Congress.
(b)
The Administrator, for a period up to 5 years after the development of information that results from
activities conducted under an agreement entered into under section 203(c)(5) and (6) of this Act, and
that would be a trade secret or commercial or financial information that is privileged or confidential
under the meaning of section 552(b)(4) of title 5, United States Code, if the information had been
obtained from a non-Federal party participating in such an agreement, may provide appropriate
protections against the dissemination of such information, including exemption from subchapter II of
chapter 5 of title 5, United States Code.
SECURITY
Sec. 304.
(a)
The Administrator shall establish such security requirements, restrictions, and safeguards as he deems
necessary in the interest of the national security. The Administrator may arrange with the Director of
the Office of Personnel Management for the conduct of such security or other personnel
investigations of the Administration's officers, employees, and consultants, and its contractors and
subcontractors and their officers and employees, actual or prospective, as he deems appropriate; and
if any such investigation develops any data reflecting that the individual who is the subject thereof is
of questionable loyALTy the matter shall be referred to the Federal Bureau of Investigation for the
conduct of a full field investigation, the results of which shall be furnished to the Administrator.
(b)
The Atomic Energy Commission may authorize any of its employees, or employees of any
contractor, prospective contractor, licensee, or prospective licensee of the Atomic Energy
Commission or any other person authorized to have access to Restricted Data by the Atomic Energy
Commission under subsection 145b. of the Atomic Energy Act of 1954 (42 U.S.C. 2165(b)), to
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(c)
(d)
(e)
(f)
permit any member, officer, or employee of the Council, or the Administrator, or any officer,
employee, member of an advisory committee, contractor, subcontractor, or officer or employee of a
contractor or subcontractor of the Administration, to have access to Restricted Data relating to
aeronautical and space activities which is required in the performance of his duties and so certified by
the Council or the Administrator, as the case may be, but only if (1) the Council or Administrator or
designee thereof has determined, in accordance with the established personnel security procedures
and standards of the Council or Administration, that permitting such individual to have access to such
Restricted Data will not endanger the common defense and security, and (2) the Council or
Administrator or designee thereof finds that the established personnel and other security procedures
and standards of the Council or Administration are adequate and in reasonable conformity to the
standards established by the Atomic Energy Commission under section 145 of the Atomic Energy
Act of 1954 (42 U.S.C. 2165). Any individual granted access to such Restricted Data pursuant to this
subsection may exchange such Data with any individual who (A) is an officer or employee of the
Department of Defense, or any department or agency thereof, or a member of the armed forces, or a
contractor or subcontractor of any such department, agency, or armed force, or an officer or employee
of any such contractor or subcontractor, and (B) has been authorized to have access to Restricted Data
under the provisions of section 143 of the Atomic Energy Act of 1954 (42 U.S.C. 2163).
Chapter 37 of title 18 of the United States Code (entitled Espionage and Censorship) is amended by-(1) adding at the end thereof the following new section:
"§ 799. Violation of regulations of National Aeronautics and Space Administration
"Whoever willfully shall violate, attempt to violate, or conspire to violate any regulation or order
promulgated by the Administrator of the National Aeronautics and Space Administration for the
protection or security of any laboratory, station, base or other facility, or part thereof, or any aircraft,
missile, spacecraft, or similar vehicle, or part thereof, or other property or equipment in the custody
of the Administration, or any real or personal property or equipment in the custody of any contractor
under any contract with the Administration or any subcontactor of any such contractor, shall be fined
not more than $5,000, or imprisoned not more than one year, or both."
(2) adding at the end of the sectional analysis thereof the following new item:
"799. Violation of regulations of National Aeronautics and Space Administration."
Section 1114 of title 18 of the United States Code is amended by inserting immediately before "while
engaged in the performance of his official duties" the following: "or any officer or employee of the
National Aeronautics and Space Administration directed to guard and protect property of the United
States under the administration and control of the National Aeronautics and Space Administration,".
The Administrator may direct such of the officers and employees of the Administration as he deems
necessary in the public interest to carry firearms while in the conduct of their official duties. The
Administrator may also authorize such of those employees of the contractors and subcontactors of the
Administration engaged in the protection of property owned by the United States and located at
facilities owned by or contracted to the United States as he deems necessary in the public interest, to
carry firearms while in the conduct of their official duties.
Under regulations to be prescribed by the Administrator and approved by the Attorney General of the
United States, those employees of the Administration and of its contractors and subcontractors
authorized to carry firearms under subsection (e) may arrest without warrant for any offense against
the United States committed in their presence, or for any felony cognizable under the laws of the
United States if they have reasonable grounds to believe that the person to be arrested has committed
or is committing such felony. Persons granted authority to make arrests by this subsection may
exercise that authority only while guarding and protecting property owned or leased by, or under the
control of, the United States under the administration and control of the Administration or one of its
contractors or subcontractors, at facilities owned by or contracted to the Administration.
PROPERTY RIGHTS IN INVENTIONS
Sec. 305.
(a)
Whenever any invention is made in the performance of any work under any contract of the
Administration, and the Administrator determines that-(1) the person who made the invention was employed or assigned to perform research, development,
or exploration work and the invention is related to the work he was employed or assigned to perform,
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(b)
(c)
(d)
(e)
(f)
or that it was within the scope of his employment duties, whether or not it was made during working
hours, or with a contribution by the Government of the use of Government facilities, equipment,
materials, allocated funds, information proprietary to the Government, or services of Government
employees during working hours; or
(2) the person who made the invention was not employed or assigned to perform research,
development, or exploration work, but the invention is nevertheless related to the contract, or to the
work or duties he was employed or assigned to perform, and was made during working hours, or with
a contribution from the Government of the sort referred to in clause (1),
such invention shall be the exclusive property of the United States, and if such invention is patentable
a patent therefor shall be issued to the United States upon application made by the Administrator,
unless the Administrator waives all or any part of the rights of the United States to such invention in
conformity with the provisions of subsection (f) of this section.
Each contract entered into by the Administrator with any party for the performance of any work shall
contain effective provisions under which such party shall furnish promptly to the Administrator a
written report containing full and complete technical information concerning any invention,
discovery, improvement, or innovation which may be made in the performance of any such work.
No patent may be issued to any applicant other than the Administrator for any invention which
appears to the Commissioner of Patents to have significant utility in the conduct of aeronautical and
space activities unless the applicant files with the Commissioner, with the application or within thirty
days after request therefor by the Commissioner, a written statement executed under oath setting forth
the full facts concerning the circumstances under which such invention was made and stating the
relationship (if any) of such invention to the performance of any work under any contract of the
Administration. Copies of each such statement and the application to which it relates shall be
transmitted forthwith by the Commissioner to the Administrator.
Upon any application as to which any such statement has been transmitted to the Administrator, the
Commissioner may, if the invention is patentable, issue a patent to the applicant unless the
Administrator, within ninety days after receipt of such application and statement, requests that such
patent be issued to him on behalf of the United States. If, within such time, the Administrator files
such a request with the Commissioner, the Commissioner shall transmit notice thereof to the
applicant, and shall issue such patent to the Administrator unless the applicant within thirty days after
receipt of such notice requests a hearing before a Board of Patent Appeals and Interferences on the
question whether the Administrator is entitled under this section to receive such patent. The Board
may hear and determine, in accordance with rules and procedures established for interference cases,
the question so presented, and its determination shall be subject to appeal by the applicant or by the
Administrator to the United States Court of Appeals for the Federal Circuit in accordance with
procedures governing appeals from decisions of the Board of Patent Appeals and Interferences in
other proceedings.
Whenever any patent has been issued to any applicant in conformity with subsection (d), and the
Administrator thereafter has reason to believe that the statement filed by the applicant in connection
therewith contained any false representation of any material fact, the Administrator within five years
after the date of issuance of such patent may file with the Commissioner a request for the transfer to
the Administrator of title to such patent on the records of the Commissioner. Notice of any such
request shall be transmitted by the Commissioner to the owner of record of such patent, and title to
such patent shall be so transferred to the Administrator unless within thirty days after receipt of such
notice such owner of record requests a hearing before a Board of Patent Appeals and Interferences on
the question whether any such false representation was contained in such statement. Such question
shall be heard and determined, and determination thereof shall be subject to review, in the manner
prescribed by subsection (d) for questions arising thereunder. No request made by the Administrator
under this subsection for the transfer of title to any patent, and no prosecution for the violation of any
criminal statute, shall be barred by any failure of the Administrator to make a request under
subsection (d) for the issuance of such patent to him, or by any notice previously given by the
Administrator stating that he had no objection to the issuance of such patent to the applicant therefor.
Under such regulations in conformity with this subsection as the Administrator shall prescribe, he
may waive all or any part of the rights of the United States under this section with respect to any
invention or class of inventions made or which may be made by any person or class of persons in the
performance of any work required by any contract of the Administration if the Administrator
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[(g)]
(h)
(i)
(j)
(k)
determines that the interests of the United States will be served thereby. Any such waiver may be
made upon such terms and under such conditions as the Administrator shall determine to be required
for the protection of the interests of the United States. Each such waiver made with respect to any
invention shall be subject to the reservation by the Administrator of an irrevocable, nonexclusive,
nontransferable, royalty-free license for the practice of such invention throughout the world by or on
behalf of the United States or any foreign government pursuant to any treaty or agreement with the
United States. Each proposal for any waiver under this subsection shall be referred to an Inventions
and Contribution Board which shall be established by the Administrator within the Administration.
Such Board shall accord to each interested party an opportunity for hearing, and shall transmit to the
Administrator its findings of fact with respect to such proposal and its recommendations for action to
be taken with respect thereto.
deleted
The Administrator is authorized to take all suitable and necessary steps to protect any invention or
discovery to which he has title, and to require that contractors or persons who retain title to inventions
or discoveries under this section protect the inventions or discoveries to which the Administration has
or may acquire a license of use.
The Administration shall be considered a defense agency of the United States for the purpose of
chapter 17 of title 35 of the United States Code.
As used in this section-(1) the term "person" means any individual, partnership, corporation, association, institution, or other
entity;
(2) the term "contract" means any actual or proposed contract, agreement, understanding, or other
arrangement, and includes any assignment, substitution of parties, or subcontract executed or entered
into thereunder; and
(3) the term "made", when used in relation to any invention, means the conception or first actual
reduction to practice of such invention.
Any object intended for launch, launched, or assembled in outer space shall be considered a vehicle
for purpose of section 272 of title 35, United States Code.
(l) The use or manufacture of any patented invention incorporated in a space vehicle launched by the
United States Government for a person other than the United States shall not be considered to be a
use or manufacture by or for the United States within the meaning of section 1498(a) of title 28,
United States Code unless the Administration gives an express authorization or consent for such use
or manufacture.
CONTRIBUTIONS AWARDS
Sec. 306.
(a)
Subject to the provisions of this section, the Administrator is authorized, upon his own initiative or
upon application of any person, to make a monetary award, in such amount and upon such terms as
he shall determine to be warranted, to any person (as defined by section 305) for any scientific or
technical contribution to the Administration which is determined by the Administrator to have
significant value in the conduct of aeronautical and space activities. Each application made for any
such award shall be referred to the Inventions and Contributions Board established under section 305
of this Act. Such Board shall accord to each such applicant an opportunity for hearing upon such
application, and shall transmit to the Administrator its recommendation as to the terms of the award,
if any, to be made to such applicant for such contribution. In determining the terms and conditions of
any award the Administrator shall take into account-(1) the value of the contribution to the United States;
(2) the aggregate amount of any sums which have been expended by the applicant for the
development of such contribution;
(3) the amount of any compensation (other than salary received for services rendered as an officer or
employee of the Government) previously received by the applicant for or on account of the use of
such contribution by the United States; and
(4) such other factors as the Administrator shall determine to be material.
(b)
If more than one applicant under subsection (a) claims an interest in the same contribution, the
Administrator shall ascertain and determine the respective interests of such applicants, and shall
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apportion any award to be made with respect to such contribution among such applicants in such
proportions as he shall determine to be equitable. No award may be made under subsection (a) with
respect to any contribution-(1) unless the applicant surrenders, by such means as the Administrator shall determine to be
effective, all claims which such applicant may have to receive any compensation (other than the
award made under this section) for the use of such contribution or any element thereof at any time by
or on behalf of the United States, or by or on behalf of any foreign government pursuant to any treaty
or agreement with the United States, within the United States or at any other place;
(2) in any amount exceeding $100,000, unless the Administrator has transmitted to the appropriate
committees of the Congress a full and complete report concerning the amount and terms of, and the
basis for, such proposed award, and thirty calendar days of regular session of the Congress have
expired after receipt of such report by such committees.
DEFENSE OF CERTAIN MALPRACTICE AND NEGLIGENCE SUITS
Sec. 307.
(a)
The remedy against the United States provided by sections 1346(b) and 2672 of title 28, United States
Code, for damages for personal injury, including death, caused by the negligent or wrongful act or
omission of any physician, dentist, nurse, pharmacist, or paramedical or other supporting personnel
(including medical and dental technicians, nursing assistants, and therapists) of the Administration in
the performance of medical, dental, or related heALTh care functions (including clinical studies and
investigations) while acting within the scope of his duties or employment therein or therefor shall
hereafter be exclusive of any other civil action or proceeding by reason of the same subject matter
against such physician, dentist, nurse, pharmacist, or paramedical or other supporting personnel (or
the estate of such person) whose act or omission gave rise to such action or proceeding.
(b)
The Attorney General shall defend any civil action or proceeding brought in any court against any
person referred to in subsection (a) of this section (or the estate of such person) for any such injury.
Any such person against whom such civil action or proceeding is brought shall deliver within such
time after date of service or knowledge of service as determined by the Attorney General, all process
served upon such person or an attested true copy thereof to such person's immediate superior or to
whomever was designated by the Administrator to receive such papers and such person shall
promptly furnish copies of the pleading and process therein to the United States Attorney for the
district embracing the place wherein the proceeding is brought to the Attorney General and to the
Administrator.
(c)
Upon a certification by the Attorney General that any person described in subsection (a) was acting in
the scope of such person's duties or employment at the time of the incident out of which the suit
arose, any such civil action or proceeding commenced in a State court shall be removed without bond
at any time before trial by the Attorney General to the district court of the United States of the district
and division embracing the place wherein it is pending and the proceeding deemed a tort action
brought against the United States under the provisions of title 28, United States Code, and all
references thereto. Should a United States district court determine on a hearing on a motion to remand
held before a trial on the merits that the case so removed is one in which a remedy by suit within the
meaning of subsection (a) of this section is not available against the United States, the case shall be
remanded to the State court.
(d)
The Attorney General may compromise or settle any claim asserted in such civil action or proceeding
in the manner provided in section 2677 of title 28, United States Code, and with the same effect.
(e)
For purposes of this section, the provisions of section 2680(h) of title 28, United States Code, shall
not apply to any cause of action arising out of a negligent or wrongful act of omission in the
performance of medical, dental, or related heALTh care functions (including clinical studies and
investigations).
(f)
The Administrator or his designee may, to the extent that the Administrator or his designee deem
appropriate, hold harmless or provide liability insurance for any person described in subsection (a) for
damages for personal injury, including death, caused by such person's negligent or wrongful act or
omission in the performance of medical, dental, or related heALTh care functions (including clinical
studies and investigations) while acting within the scope of such person's duties if such person is
assigned to a foreign country or detailed for service with other than a Federal department, agency, or
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instrumentality or if the circumstances are such as are likely to preclude the remedies of third persons
against the United States described in section 2679(b) of title 28, United States Code, for such
damage or injury.
INSURANCE AND INDEMNIFICATION
Sec. 308.
(a)
The Administration is authorized on such terms and to the extent it may deem appropriate to provide
liability insurance for any user of a space vehicle to compensate all or a portion of claims by third
parties for death, bodily injury, or loss of or damage to property resulting from activities carried on in
connection with the launch, operations or recovery of the space vehicle. Appropriations available to
the Administration may be used to acquire such insurance, but such appropriations shall be
reimbursed to the maximum extent practicable by the users under reimbursement policies established
pursuant to section 203(c) of this Act.
(b)
Under such regulations in conformity with this section as the Administrator shall prescribe taking into
account the availability, cost and terms of liability insurance, any agreement between the
Administration and a user of a space vehicle may provide that the United States will indemnify the
user against claims (including reasonable expenses of litigation or settlement) by third parties for
death, bodily injury, or loss of or damage to property resulting from activities carried on in
connection with the launch, operations or recovery of the space vehicle, but only to the extent that
such claims are not compensated by liability insurance of the user: Provided, That such
indemnification may be limited to claims resulting from other than the actual negligence or willful
misconduct of the user.
(c)
An agreement made under subsection (b) that provides indemnification must also provide for-(1) notice to the United States of any claim or suit against the user for the death, bodily injury, or loss
of or damage to the property; and
(2) control of or assistance in the defense by the United States, at its election, of that suit or claim.
(d)
No payment may be made under subsection (b) unless the Administrator or his designee certifies that
the amount is just and reasonable.
(e)
Upon the approval by the Administrator, payments under subsection (b) may be made, at the
Administrator's election, either from funds available for research and development not otherwise
obligated or from funds appropriated for such payments.
(f)
As used in this section-(1) the term "space vehicle" means an object intended for launch, launched or assembled in outer
space, including the Space Shuttle and other components of a space transportation system, together
with related equipment, devices, components and parts;
(2) the term "user" includes anyone who enters into an agreement with the Administration for use of
all or a portion of a space vehicle, who owns or provides property to be flown on a space vehicle, or
who employs a person to be flown on a space vehicle; and
(3) the term "third party" means any person who may institute a claim against a user for death, bodily
injury or loss of or damage to property.
EXPERIMENTAL AEROSPACE VEHICLE
Sec. 309.
(a)
IN GENERAL.—The Administrator may provide liability insurance for, or indemnification to, the
developer of an experimental aerospace vehicle developed or used in execution of an agreement
between the Administration and the developer.
(b)
TERMS AND CONDITIONS.—
(1) IN GENERAL.—Except as otherwise provided in this section, the insurance and indemnification
provided by the Administration under subsection (a) to a developer shall be provided on the same
terms and conditions as insurance and indemnification is provided by the Administration under
section 308 of this Act to the user of a space vehicle.
(2) INSURANCE.—
(A) IN GENERAL.—A developer shall obtain liability insurance or demonstrate financial
responsibility in amounts to compensate for the maximum probable loss from claims by—
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(c)
(i) a third party for death, bodily injury, or property damage, or loss resulting from an
activity carried out in connection with the development or use of an experimental aerospace
vehicle; and
(ii) the United States Government for damage or loss to Government property resulting from
such an activity.
(B) MAXIMUM REQUIRED.—The Administrator shall determine the amount of insurance
required, but, except as provided in subparagraph (C), that amount shall not be greater than the
amount required under section 70112(a)(3) of title 49, United States Code, for a launch. The
Administrator shall publish notice of the Administrator’s determination and the applicable
amount or amounts in the Federal Register within 10 days after making the determination.
(C) INCREASE IN DOLLAR AMOUNTS.—The Administrator may increase the dollar
amounts set forth in section 70112(a)(3)(A) of title 49, United States Code, for the purpose of
applying that section under this section to a developer after consultation with the Comptroller
General and such experts and consultants as may be appropriate, and after publishing notice of
the increase in the Federal Register not less than 180 days before the increase goes into effect.
The Administrator shall make available for public inspection, not later than the date of
publication of such notice, a complete record of any correspondence received by the
Administration, and a transcript of any meetings in which the Administration participated,
regarding the proposed increase.
(D) SAFETY REVIEW REQUIRED BEFORE ADMINISTRATOR PROVIDES
INSURANCE.—The Administrator may not provide liability insurance or indemnification
under subsection (a) unless the developer establishes to the satisfaction of the Administrator that
appropriate safety procedures and practices are being followed in the development of the
experimental aerospace vehicle.
(3) NO INDEMNIFICATION WITHOUT CROSS-WAIVER.—Notwithstanding subsection (a), the
Administrator may not indemnify a developer of an experimental aerospace vehicle under this section
unless there is an agreement between the Administration and the developer described in subsection
(c).
(4) APPLICATION OF CERTAIN PROCEDURES.—If the Administrator requests additional
appropriations to make payments under this section, like the payments that may be made under
section 308(b) of this Act, then the request for those appropriations shall be made in accordance with
the procedures established by subsections (d) and (e) of section 70113 of title 49, United States Code.
CROSS-WAIVERS.—
(1) ADMINISTRATOR AUTHORIZED TO WAIVE.—The Administrator, on behalf of the United
States, and its departments, agencies, and instrumentalities, may reciprocally waive claims with a
developer or cooperating party and with the related entities of that developer or cooperating party
under which each party to the waiver agrees to be responsible, and agrees to ensure that its own
related entities are responsible, for damage or loss to its property for which it is responsible, or for
losses, resulting from any injury or death sustained by its own employees or agents, as a result of
activities connected to the agreement or use of the experimental aerospace vehicle.
(2) LIMITATIONS.—
(A) CLAIMS.—A reciprocal waiver under paragraph (1) may not preclude a claim by any
natural person (including, but not limited to, a natural person who is an employee of the United
States, the developer, the cooperating party, or their respective subcontractors) or that natural
person’s estate, survivors, or subrogees for injury or death, except with respect to a subrogee
that is a party to the waiver or has otherwise agreed to be bound by the terms of the waiver.
(B) LIABIITY FOR NEGLIGENCE.—A reciprocal waiver under paragraph (1) may not
absolve any party of liability to any natural person (including, but not limited to, a natural
person who is an employee of the United States, the developer, the cooperating party, or their
respective subcontractors) or such a natural person’s estate, survivors, or subrogees for
negligence, except with respect to a subrogee that is a party to the waiver or has otherwise
agreed to be bound by the terms of the waiver.
(C) INDEMNIFICATION FOR DAMAGES.—A reciprocal waiver under paragraph (1) may
not be used as the basis of a claim by the Administration, or the developer or cooperating party,
for indemnification against the other for damages paid to a natural person, or that natural
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(d)
(e)
(f)
person’s estate, survivors, or subrogees, for injury or death sustained by that natural person as a
result of activities connected to the agreement or use of the experimental aerospace vehicle.
(D) WILLFUL MISCONDUCT.—A reciprocal waiver under paragraph (1) may not relieve the
United States, the developer, the cooperating party, or the related entities of the developer or
cooperating party, of liability for damage or loss resulting from willful misconduct.
(3) EFFECT ON PREVIOUS WAIVERS.—Subsection (c) applies to any waiver of claims entered
into by the Administration without regard to whether it was entered into before, on, or after the date
of the enactment of this Act.
DEFINITIONS.—In this section:
(1) COOPERATING PARTY.—The term "cooperating party" means any person who enters into an
agreement with the Administration for the performance of cooperative scientific, aeronautical, or
space activities to carry out the purposes of this Act.
(2) DEVELOPER.—The term "developer" means a United states person (other than a natural person)
who-(A) is a party to an agreement with the Administration for the purpose of developing new
technology for an experimental aerospace vehicle;
(B) owns or provides property to be flown or situated on that vehicle; or (C) employs a natural
person to be flown on that vehicle.
(3) EXPERIMENTAL AEROSPACE VEHICLE.—The term "experimental aerospace vehicle"
means an object intended to be flown in, or launched into, orbital or suborbital flight for the purpose
of demonstrating technologies necessary for a reusable launch vehicle, developed under an agreement
between the Administration and a developer.
(4) RELATED ENTITTY.—The term "related entity" includes a contractor or subcontractor at any
tier, a supplier, a grantee, and an investigator or detailee.
RELATIONSHIP TO OTHER LAWS.—
(1) SECTION 308.—This section does not apply to any object, transaction, or operation to which
section 308 of this Act applies.
(2) CHAPTER 701 OF TITLE 49, UNITED STAES CODE.—The Administrator may not provide
indemnification to a developer under this section for launches subject to license under section
70117(g)(1) of title 49, United States Code.
TERMINATION.—
(1) IN GENERAL.—The provisions of this section shall terminate on December 31, 2002, except that
the Administrator may extend the termination date to a date not later than September 30, 2005, if the
Administrator determines that such extension is in the interests of the United States.
(2) EFFECT OF TERMINATION ON AGREEMENT.—The termination of this section shall not
terminate or otherwise affect any cross-waiver agreement, insurance agreement, indemnification
agreement, or other agreement entered into under this section, except as may be provided in that
agreement.
APPROPRIATIONS
Sec. 310.
(a)
There are hereby authorized to be appropriated such sums as may be necessary to carry out this Act,
except that nothing in this Act shall authorize the appropriation of any amount for (1) the acquisition
or condemnation of any real property, or (2) any other item of a capital nature (such as plant or
facility acquisition, construction, or expansion) which exceeds $250,000. Sums appropriated pursuant
to this subsection for the construction of facilities, or for research and development activities, shall
remain available until expended.
(b)
Any funds appropriated for the construction of facilities may be used for emergency repairs of
existing facilities when such existing facilities are made inoperative by major breakdown, accident, or
other circumstances and such repairs are deemed by the Administrator to be of greater urgency than
the construction of new facilities.
(c)
Notwithstanding any other provision of law, the authorization of any appropriation to the
Administration shall expire (unless an earlier expiration is specifically provided) at the close of the
third fiscal year following the fiscal year in which the authorization was enacted, to the extent that
such appropriation has not theretofore actually been made.
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MISUSE OF AGENCY NAME AND INITIALS
Sec. 311.
(a)
No person (as defined by section 305) may (1) knowingly use the words "National Aeronautics and
Space Administration" or the letters "NASA", or any combination, variation, or colorable imitation of
those words or letters either alone or in combination with other words or letters, as a firm or business
name in a manner reasonably calculated to convey the impression that such firm or business has some
connection with, endorsement of, or authorization from, the National Aeronautics and Space Ad
ministration which does not, in fact, exist; or (2) knowingly use those words or letters or any
combination, variation, or colorable imitation thereof either alone or in combination with other words
or letters in connection with any product or service being offered or made available to the public in a
manner reasonably calculated to convey the impression that such product or service has the
authorization, support, sponsorship, or endorsement of, or the development, use, or manufacture by or
on behalf of the National Aeronautics and Space Administration which does not, in fact, exist.
(b)
Whenever it appears to the Attorney General that any person is engaged in an act or practice which
constitutes or will constitute conduct prohibited by subsection (a), the Attorney General may initiate a
civil proceeding in a district court of the United States to enjoin such act or practice.
CONTRACTS REGARDING EXPENDABLE LAUNCH VEHICLES
Sec. 312.
(a)
The Administrator may enter into contracts for expendable launch vehicle services that are for
periods in excess of the period for which funds are otherwise available for obligation, provide for the
payment for contingent liability which may accrue in excess of available appropriations in the event
the Government for its convenience terminates such contracts, and provide for advance payments
reasonably related to launch vehicle and related equipment, fabrication, and acquisition costs, if any
such contract limits the amount of the payments that the Federal Government is allowed to make
under such contract to amounts provided in advance in appropriation Acts. Such contracts may be
limited to sources within the United States when the Administrator determines that such limitation is
in the public interest.
(b)
If funds are not available to continue any such contract, the contract shall be terminated for the
convenience of the Government, and the costs of such contract shall be paid from appropriations
originally available for performance of the contract, from other, unobligated appropriations currently
available for the procurement of launch services, or from funds appropriated for such payments.
Sec. 312.
(a)
Appropriations for the Administration for fiscal year 2002 and thereafter shall be made in three
accounts, "Human space flight", "Science, aeronautics and technology", and an account for amounts
appropriated for the necessary expenses of the Office of Inspector General. Appropriations shall
remain available for 2 fiscal years. Each account shall include the planned full costs of the
Administration’s related activities.
(b)
To ensure the safe, timely, and successful accomplishment of Administration missions, the
Administration may transfer amounts for Federal salaries and benefits; training, travel and awards;
facility and related costs; information technology services; publishing services; science, engineering,
fabricating and testing services; and other administrative services among accounts, as necessary.
(c)
The Administrator, in consultation with the Director of the Office of Management and Budget, shall
determine what balances from the "Mission support" account are to be transferred to the "Human
space flight" and "Science, aeronautics and technology" accounts. Such balances shall be transferred
and merged with the "Human space flight" and "Science, aeronautics and technology" accounts, and
remain available for the period of which originally appropriated.
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TITLE IV--UPPER ATMOSPHERIC RESEARCH
PURPOSE AND POLICY
Sec. 401.
(a)
The purpose of this title is to authorize and direct the Administration to develop and carry out a
comprehensive program of research, technology, and monitoring of the phenomena of the upper
atmosphere so as to provide for an understanding of and to maintain the chemical and physical
integrity of the Earth's upper atmosphere.
(b)
The Congress declares that is the policy of the United States to undertake an immediate and
appropriate research, technology, and monitoring program that will provide for understanding the
physics and chemistry of the Earth's upper atmosphere.
DEFINITIONS
Sec. 402.
For the purpose of this title the term "upper atmosphere" means that portion of the Earth's sensible
atmosphere above the troposphere.
PROGRAM AUTHORIZED
Sec. 403.
(a)
In order to carry out the purposes of this title the Administration in cooperation with other Federal
agencies, shall initiate and carry out a program of research, technology, monitoring, and other
appropriate activities directed to understand the physics and chemistry of the upper atmosphere.
(b)
In carrying out the provisions of this title the Administration shall-(1) arrange for participation by the scientific and engineering community, of both the Nation's
industrial organizations and institutions of higher education, in planning and carrying out appropriate
research, in developing necessary technology and in making necessary observations and
measurements;
(2) provide, by way of grant, contract, scholarships or other arrangements, to the maximum extent
practicable and consistent with other laws, for the widest practicable and appropriate participation of
the scientific and engineering community in the program authorized by this title; and
(3) make all results of the program authorized by this title available to the appropriate regulatory
agencies and provide for the widest practicable dissemination of such results.
INTERNATIONAL COOPERATION
Sec. 404.
In carrying out the provisions of this title, the Administration, subject to the direction of the President and
after consultation with the Secretary of State, shall make every effort to enlist the support and cooperation of
appropriate scientists and engineers of other countries and international organizations.
As amended through Pub. L. 106-391, 114 Stat. 1577 (October 30, 2000).
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NATIONAL SPACE PROGRAM
United States Code, Title 42 (The Public Health and Welfare), Chapter 26 (National Space
Program)
Subchapter I: General Provisions
Sec. 2451. Congressional declaration of policy and purpose
(a)
(b)
(c)
(d)
Devotion of space activities to peaceful purposes for benefit of all mankind
The Congress declares that it is the policy of the United States that activities in space should be
devoted to peaceful purposes for the benefit of all mankind.
Aeronautical and space activities for welfare and security of United States; control by civilian
agency; exceptions
The Congress declares that the general welfare and security of the United States require that adequate
provision be made for aeronautical and space activities. The Congress further declares that such
activities shall be the responsibility of, and shall be directed by, a civilian agency exercising control
over aeronautical and space activities sponsored by the United States, except that activities peculiar to
or primarily associated with the development of weapons systems, military operations, or the defense
of the United States (including the research and development necessary to make effective provision
for the defense of the United States) shall be the responsibility of, and shall be directed by, the
Department of Defense; and that determination as to which such agency has responsibility for and
direction of any such activity shall be made by the President in conformity with section 2471(e) of
this title.
Commercial use of space
The Congress declares that the general welfare of the United States requires that the National
Aeronautics and Space Administration (as established by subchapter II of this chapter) seek and
encourage, to the maximum extent possible, the fullest commercial use of space.
Objectives of aeronautical and space activities
The aeronautical and space activities of the United States shall be conducted so as to contribute
materially to one or more of the following objectives:
(1) The expansion of human knowledge of the Earth and of phenomena in the atmosphere and space;
(2) The improvement of the usefulness, performance, speed, safety, and efficiency of aeronautical and
space vehicles;
(3) The development and operation of vehicles capable of carrying instruments, equipment, supplies,
and living organisms through space;
(4) The establishment of long-range studies of the potential benefits to be gained from, the
opportunities for, and the problems involved in the utilization of aeronautical and space activities for
peaceful and scientific purposes;
(5) The preservation of the role of the United States as a leader in aeronautical and space science and
technology and in the application thereof to the conduct of peaceful activities within and outside the
atmosphere;
(6) The making available to agencies directly concerned with national defense of discoveries that
have military value or significance, and the furnishing by such agencies, to the civilian agency
established to direct and control nonmilitary aeronautical and space activities, of information as to
discoveries which have value or significance to that agency;
(7) Cooperation by the United States with other nations and groups of nations in work done pursuant
to this chapter and in the peaceful application of the results thereof;
(8) The most effective utilization of the scientific and engineering resources of the United States, with
close cooperation among all interested agencies of the United States in order to avoid unnecessary
duplication of effort, facilities, and equipment; and
(9) The preservation of the United States preeminent position in aeronautics and space through
research and technology development related to associated manufacturing processes.
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(e)
(f)
(g)
(h)
Ground propulsion systems research and development
The Congress declares that the general welfare of the United States requires that the unique
competence in scientific and engineering systems of the National Aeronautics and Space
Administration also be directed toward ground propulsion systems research and development. Such
development shall be conducted so as to contribute to the objectives of developing energy and
petroleum-conserving ground propulsion systems, and of minimizing the environmental degradation
caused by such systems.
Development of advanced automobile propulsion systems
The Congress declares that the general welfare of the United States requires that the unique
competence in scientific and engineering systems of the National Aeronautics and Space
Administration also be directed toward the development of advanced automobile propulsion systems.
Such development shall be conducted so as to contribute to the achievement of the purposes set forth
in section 2701(b) of title 15.
Bioengineering research, development, and demonstration programs
The Congress declares that the general welfare of the United States requires that the unique
competence of the National Aeronautics and Space Administration in science and engineering
systems be directed to assisting in bioengineering research, development, and demonstration
programs designed to alleviate and minimize the effects of disability.
Purpose of chapter
It is the purpose of this chapter to carry out and effectuate the policies declared in subsections (a), (b),
(c), (d), (e), (f), and (g) of this section.
Sec. 2452. Definitions
As used in this chapter (1)
the term "aeronautical and space activities" means (A) research into, and the solution of, problems
of flight within and outside the earth's atmosphere, (B) the development, construction, testing, and
operation for research purposes of aeronautical and space vehicles, (C) the operation of a space
transportation system including the Space Shuttle, upper stages, space platforms, and related
equipment, and (D) such other activities as may be required for the exploration of space; and (2) the
term "aeronautical and space vehicles" means aircraft, missiles, satellites, and other space vehicles,
manned and unmanned, together with related equipment, devices, components, and parts.
Sec. 2453. Transfer of related functions to Administration
(a)
(b)
(c)
Functions of other departments and agencies; transfer of records, etc.
Subject to the provisions of this section, the President, for a period of four years after July 29, 1958,
may transfer to the Administration any functions (including powers, duties, activities, facilities, and
parts of functions) of any other department or agency of the United States, or of any officer or
organizational entity thereof, which relate primarily to the functions, powers, and duties of the
Administration as prescribed by section 2473 of this title. In connection with any such transfer, the
President may, under this section or other applicable authority, provide for appropriate transfers of
records, property, civilian personnel, and funds.
Transfers prior to January 1, 1959; report to Congress
Whenever any such transfer is made before January 1, 1959, the President shall transmit to the
Speaker of the House of Representatives and the President pro tempore of the Senate a full and
complete report concerning the nature and effect of such transfer.
Transfers after December 31, 1958; report to Congress; approval of Congress
After December 31, 1958, no transfer shall be made under this section until (1) a full and complete
report concerning the nature and effect of such proposed transfer has been transmitted by the
President to the Congress, and (2) the first period of sixty calendar days of regular session of the
Congress following the date of receipt of such report by the Congress has expired without the
adoption by the Congress of a concurrent resolution stating that the Congress does not favor such
transfer.
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Sec. 2454. Access to information
(a)
(b)
Information obtained or developed by the Administrator in the performance of his functions under
this chapter shall be made available for public inspection, except (A) information authorized or
required by Federal statute to be withheld, (B) information classified to protect the national security,
and (C) information described in subsection (b) of this section: Provided, That nothing in this chapter
shall authorize the withholding of information by the Administrator from the duly authorized
committees of the Congress.
The Administrator, for a period of up to 5 years after the development of information that results
from activities conducted under an agreement entered into under section 2473(c)(5) and (6) of this
title, and that would be a trade secret or commercial or financial information that is privileged or
confidential under the meaning of section 552(b)(4) of title 5 if the information had been obtained
from a non-Federal party participating in such an agreement, may provide appropriate protections
against the dissemination of such information, including exemption from subchapter II of chapter 5 of
title 5.
Sec. 2455. Security requirements
(a)
(b)
Establishment; investigations; referral to Federal Bureau of Investigation
The Administrator shall establish such security requirements, restrictions, and safeguards as he deems
necessary in the interest of the national security. The Administrator may arrange with the Director of
the Office of Personnel Management for the conduct of such security or other personnel
investigations of the Administration's officers, employees, and consultants, and its contractors and
subcontractors and their officers and employees, actual or prospective, as he deems appropriate; and
if any such investigation develops any data reflecting that the individual who is the subject thereof is
of questionable loyalty the matter shall be referred to the Federal Bureau of Investigation for the
conduct of a full field investigation, the results of which shall be furnished to the Administrator.
Access to Restricted Data of Atomic Energy Commission
The Atomic Energy Commission may authorize any of its employees, or employees of any
contractor, prospective contractor, licensee, or prospective licensee of the Atomic Energy
Commission or any other person authorized to have access to Restricted Data by the Atomic Energy
Commission under 2165(b) of this title, to permit any member, officer, or employee of the Council,
or the Administrator, or any officer, employee, member of an advisory committee, contractor,
subcontractor, or officer or employee of a contractor or subcontractor of the Administration, to have
access to Restricted Data relating to aeronautical and space activities which is required in the
performance of his duties and so certified by the Council or the Administrator, as the case may be,
but only if
(1) the Council or Administrator or designee thereof has determined, in accordance with the
established personnel security procedures and standards of the Council or Administration, that
permitting such individual to have access to such Restricted Data will not endanger the common
defense and security, and (2) the Council or Administrator or designee thereof finds that the
established personnel and other security procedures and standards of the Council or Administration
are adequate and in reasonable conformity to the standards established by the Atomic Energy
Commission under section 2165 of this title. Any individual granted access to such Restricted Data
pursuant to this subsection may exchange such Data with any individual who (A) is an officer or
employee of the Department of Defense, or any department or agency thereof, or a member of the
armed forces, or a contractor or subcontractor of any such department, agency, or armed force, or an
officer or employee of any such contractor or subcontractor, and (B) has been authorized to have
access to Restricted Data under the provisions of section 2163 of this title.
Sec. 2456. Permission to use firearms
The Administrator may direct such of the officers and employees of the Administration as he deems
necessary in the public interest to carry firearms while in the conduct of their official duties. The
Administrator may also authorize such of those employees of the contractors and subcontractors of
the Administration engaged in the protection of property owned by the United States and located at
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facilities owned by or contracted to the United States as he deems necessary in the public interest, to
carry firearms while in the conduct of their official duties.
Sec. 2456a. Arrest authority
Under regulations to be prescribed by the Administrator and approved by the Attorney General of the
United States, those employees of the Administration and of its contractors and subcontractors
authorized to carry firearms under section 2456 of this title may arrest without warrant for any
offense against the United States committed in their presence, or for any felony cognizable under the
laws of the United States if they have reasonable grounds to believe that the person to be arrested has
committed or is committing such felony. Persons granted authority to make arrests by this section
may exercise that authority only while guarding and protecting property owned or leased by, or under
the control of, the United States under the administration and control of the Administration or one of
its contractors or subcontractors, at facilities owned by or contracted to the Administration.
Sec. 2457. Property rights in inventions
(a)
(b)
(c)
(d)
Exclusive property of United States; issuance of patent
Whenever any invention is made in the performance of any work under any contract of the
Administration, and the Administrator determines that (1) the person who made the invention was employed or assigned to perform research, development,
or exploration work and the invention is related to the work he was employed or assigned to perform,
or that it was within the scope of his employment duties, whether or not it was made during working
hours, or with a contribution by the Government of the use of Government facilities, equipment,
materials, allocated funds, information proprietary to the Government, or services of Government
employees during working hours; or
(2) the person who made the invention was not employed or assigned to perform research,
development, or exploration work, but the invention is nevertheless related to the contract, or to the
work or duties he was employed or assigned to perform, and was made during working hours, or with
a contribution from the Government of the sort referred to in clause (1), such invention shall be the
exclusive property of the United States, and if such invention is patentable a patent therefor shall be
issued to the United States upon application made by the Administrator, unless the Administrator
waives all or any part of the rights of the United States to such invention in conformity with the
provisions of subsection (f) of this section.
Contract provisions for furnishing reports of inventions, discoveries, improvements, or innovations
Each contract entered into by the Administrator with any party for the performance of any work shall
contain effective provisions under which such party shall furnish promptly to the Administrator a
written report containing full and complete technical information concerning any invention,
discovery, improvement, or innovation which may be made in the performance of any such work.
Patent application No patent may be issued to any applicant other than the Administrator for any
invention which appears to the Commissioner of Patents and Trademarks to have significant utility in
the conduct of aeronautical and space activities unless the applicant files with the Commissioner, with
the application or within thirty days after request therefor by the Commissioner, a written statement
executed under oath setting forth the full facts concerning the circumstances under which such
invention was made and stating the relationship (if any) of such invention to the performance of any
work under any contract of the Administration. Copies of each such statement and the application to
which it relates shall be transmitted forthwith by the Commissioner to the Administrator.
Issuance of patent to applicant; request by Administrator; notice; hearing; determination; review
Upon any application as to which any such statement has been transmitted to the Administrator, the
Commissioner may, if the invention is patentable, issue a patent to the applicant unless the
Administrator, within ninety days after receipt of such application and statement, requests that such
patent be issued to him on behalf of the United States. If, within such time, the Administrator files
such a request with the Commissioner, the Commissioner shall transmit notice thereof to the
applicant, and shall issue such patent to the Administrator unless the applicant within thirty days after
receipt of such notice requests a hearing before the Board of Patent Appeals and Interferences on the
question whether the Administrator is entitled under this section to receive such patent. The Board
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(e)
(f)
(g)
(h)
(i)
(j)
may hear and determine, in accordance with rules and procedures established for interference cases,
the question so presented, and its determination shall be subject to appeal by the applicant or by the
Administrator to the United States Court of Appeals for the Federal Circuit in accordance with
procedures governing appeals from decisions of the Board of Patent Appeals and Interferences in
other proceedings.
False representations; request for transfer of title to patent; notice; hearing; determination; review
Whenever any patent has been issued to any applicant in conformity with subsection (d) of this
section, and the Administrator thereafter has reason to believe that the statement filed by the applicant
in connection therewith contained any false representation of any material fact, the Administrator
within five years after the date of issuance of such patent may file with the Commissioner a request
for the transfer to the Administrator of title to such patent on the records of the Commissioner. Notice
of any such request shall be transmitted by the Commissioner to the owner of record of such patent,
and title to such patent shall be so transferred to the Administrator unless within thirty days after
receipt of such notice such owner of record requests a hearing before the Board of Patent Appeals and
Interferences on the question whether any such false representation was contained in such statement.
Such question shall be heard and determined, and determination thereof shall be subject to review, in
the manner prescribed by subsection (d) of this section for questions arising thereunder. No request
made by the Administrator under this subsection for the transfer of title to any patent, and no
prosecution for the violation of any criminal statute, shall be barred by any failure of the
Administrator to make a request under subsection (d) of this section for the issuance of such patent to
him, or by any notice previously given by the Administrator stating that he had no objection to the
issuance of such patent to the applicant therefor.
Waiver of rights to inventions; Inventions and Contributions Board
Under such regulations in conformity with this subsection as the Administrator shall prescribe, he
may waive all or any part of the rights of the United States under this section with respect to any
invention or class of inventions made or which may be made by any person or class of persons in the
performance of any work required by any contract of the Administration if the Administrator
determines that the interests of the United States will be served thereby. Any such waiver may be
made upon such terms and under such conditions as the Administrator shall determine to be required
for the protection of the interests of the United States. Each such waiver made with respect to any
invention shall be subject to the reservation by the Administrator of an irrevocable, nonexclusive,
nontransferable, royalty-free license for the practice of such invention throughout the world by or on
behalf of the United States or any foreign government pursuant to any treaty or agreement with the
United States. Each proposal for any waiver under this subsection shall be referred to an Inventions
and Contributions Board which shall be established by the Administrator within the Administration.
Such Board shall accord to each interested party an opportunity for hearing, and shall transmit to the
Administrator its findings of fact with respect to such proposal and its recommendations for action to
be taken with respect thereto.
Repealed. Pub. L. 96-517, Sec. 7(b), Dec. 12, 1980, 94 Stat. 3027
Protection of title
The Administrator is authorized to take all suitable and necessary steps to protect any invention or
discovery to which he has title, and to require that contractors or persons who retain title to inventions
or discoveries under this section protect the inventions or discoveries to which the Administration has
or may acquire a license of use.
Administration as defense agency
The Administration shall be considered a defense agency of the United States for the purpose of
chapter 17 of title 35.
Definitions
As used in this section (1) the term "person" means any individual, partnership, corporation, association, institution, or other
entity;
(2) the term "contract" means any actual or proposed contract, agreement, understanding, or other
arrangement, and includes any assignment, substitution of parties, or subcontract executed or entered
into thereunder; and
(3) the term "made", when used in relation to any invention, means the conception or first actual
reduction to practice of such invention.
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(k)
Objects intended for launch, launched, or assembled in outer space
Any object intended for launch, launched, or assembled in outer space shall be considered a vehicle
for the purpose of section 272 of title 35.
(l) Use or manufacture of patented inventions incorporated in space vehicles launched for persons
other than United States
The use or manufacture of any patented invention incorporated in a space vehicle launched by the
United States Government for a person other than the United States shall not be considered to be a
use or manufacture by or for the United States within the meaning of section 1498(a) of title 28,
unless the Administration gives an express authorization or consent for such use or manufacture.
Sec. 2458. Contributions awards
(a)
(b)
Applications; referral to Board; hearing; recommendations; determination by Administrator
Subject to the provisions of this section, the Administrator is authorized, upon his own initiative or
upon application of any person, to make a monetary award, in such amount and upon such terms as
he shall determine to be warranted, to any person (as defined by section 2457 of this title) for any
scientific or technical contribution to the Administration which is determined by the Administrator to
have significant value in the conduct of aeronautical and space activities. Each application made for
any such award shall be referred to the Inventions and Contributions Board established under section
2457 of this title. Such Board shall accord to each such applicant an opportunity for hearing upon
such application, and shall transmit to the Administrator its recommendation as to the terms of the
award, if any, to be made to such applicant for such contribution. In determining the terms and
conditions of any award the Administrator shall take into account (1) the value of the contribution to the United States;
(2) the aggregate amount of any sums which have been expendedv by the applicant for the
development of such contribution;
(3) the amount of any compensation (other than salary received for services rendered as an officer or
employee of the Government) previously received by the applicant for or on account of the use of
such contribution by the United States; and
(4) such other factors as the Administrator shall determine to be material.
Apportionment of awards; surrender of claims to compensation; limitation on amount; reports to
Congressional committees
If more than one applicant under subsection (a) of this section claims an interest in the same
contribution, the Administrator shall ascertain and determine the respective interests of such
applicants, and shall apportion any award to be made with respect to such contribution among such
applicants in such proportions as he shall determine to be equitable. No award may be made under
subsection (a) of this section with respect to any contribution (1) unless the applicant surrenders, by such means as the Administrator shall determine to be
effective, all claims which such applicant may have to receive any compensation (other than the
award made under this section) for the use of such contribution or any element thereof at any time by
or on behalf of the United States, or by or on behalf of any foreign government pursuant to any treaty
or agreement with the United States, within the United States or at any other place;
(2) in any amount exceeding $100,000, unless the Administrator has transmitted to the appropriate
committees of the Congress a full and complete report concerning the amount and terms of, and the
basis for, such proposed award, and thirty calendar days of regular session of the Congress have
expired after receipt of such report by such committees.
Sec. 2458a. Malpractice and negligence suits against United States
(a)
Exclusive remedy
The remedy against the United States provided by sections 1346(b) and 2672 of title 28, for damages
for personal injury, including death, caused by the negligent or wrongful act or omission of any
physician, dentist, nurse, pharmacist, or paramedical or other supporting personnel (including medical
and dental technicians, nursing assistants, and therapists) of the Administration in the performance of
medical, dental, or related health care functions (including clinical studies and investigations) while
acting within the scope of his duties or employment therein or therefor shall hereafter be exclusive of
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(b)
(c)
(d)
(e)
(f)
any other civil action or proceeding by reason of the same subject matter against such physician,
dentist, nurse, pharmacist, or paramedical or other supporting personnel (or the estate of such person)
whose act or omission gave rise to such action or proceeding.
Attorney General to defend any civil action or proceeding for malpractice or negligence; service of
process
The Attorney General shall defend any civil action or proceeding brought in any court against any
person referred to in subsection (a) of this section (or the estate of such person) for any such injury.
Any such person against whom such civil action or proceeding is brought shall deliver within such
time after date of service or knowledge of service as determined by the Attorney General, all process
served upon such person or an attested true copy thereof to such person's immediate superior or to
whomever was designated by the Administrator to receive such papers and such person shall
promptly furnish copies of the pleading and process therein to the United States Attorney for the
district embracing the place wherein the proceeding is brought to the Attorney General and to the
Administrator.
Removal of actions; certification by Attorney General; remand to State court
Upon a certification by the Attorney General that any person described in subsection (a) of this
section was acting in the scope of such person's duties or employment at the time of the incident out
of which the suit arose, any such civil action or proceeding commenced in a State court shall be
removed without bond at any time before trial by the Attorney General to the district court of the
United States of the district and division embracing the place where- in it is pending and the
proceeding deemed a tort action brought against the United States under the provisions of title 28, and
all references thereto. Should a United States district court determine on a hearing on a motion to
remand held before a trial on the merits that the case so removed is one in which a remedy by suit
within the meaning of subsection (a) of this section is not available against the United States, the case
shall be remanded to the State court.
Compromise or settlement of claims
The Attorney General may compromise or settle any claim asserted in such civil action or proceeding
in the manner provided in section 2677 of title 28, and with the same effect.
Applicability of other provisions of law
For purposes of this section, the provisions of section 2680(h) of title 28, shall not apply to any cause
of action arising out of a negligent or wrongful act of omission in the performance of medical, dental,
or related health care functions (including clinical studies and investigations).
Liability insurance for persons assigned to foreign countries or non-Federal agencies
The Administrator or his designee may, to the extent that the Administrator or his designee deem
appropriate, hold harmless or provide liability insurance for any person described in subsection (a) of
this section for damages for personal injury, including death, caused by such person's negligent or
wrongful act or omission in the performance of medical, dental, or related health care functions
(including clinical studies and investigations) while acting within the scope of such person's duties if
such person is assigned to a foreign country or detailed for service with other than a Federal
department, agency, or instrumentality or if the circumstances are such as are likely to preclude the
remedies of third persons against the United States described in section 2679(b) of title 28, for such
damage or injury.
Sec. 2458b. Insurance and indemnification
(a)
(b)
Authorization
The Administration is authorized on such terms and to the extent it may deem appropriate to provide
liability insurance for any user of a space vehicle to compensate all or a portion of claims by third
parties for death, bodily injury, or loss of or damage to property resulting from activities carried on in
connection with the launch, operations or recovery of the space vehicle. Appropriations available to
the Administration may be used to acquire such insurance, but such appropriations shall be
reimbursed to the maximum extent practicable by the users under reimbursement policies established
pursuant to section 2473(c) of this title.
Indemnification
Under such regulations in conformity with this section as the Administrator shall prescribe taking into
account the availability, cost and terms of liability insurance, any agreement between the
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(c)
(d)
(e)
(f)
Administration and a user of a space vehicle may provide that the United States will indemnify the
user against claims (including reasonable expenses of litigation or settlement) by third parties for
death, bodily injury, or loss of or damage to property resulting from activities carried on in
connection with the launch, operations or recovery of the space vehicle, but only to the extent that
such claims are not compensated by liability insurance of the user: Provided, That such
indemnification may be limited to claims resulting from other than the actual negligence or willful
misconduct of the user.
Terms of indemnification agreement; notice; United States control of or assistance in defense
An agreement made under subsection (b) of this section that provides indemnification must also
provide for (1) notice to the United States of any claim or suit against the user for the death, bodily injury, or loss
of or damage to the property; and
(2) control of or assistance in the defense by the United States, at its election, of that suit or claim.
Certification of just and reasonable amount
No payment may be made under subsection (b) of this section unless the Administrator or his
designee certifies that the amount is just and reasonable.
Payments
Upon the approval by the Administrator, payments under subsection (b) of this section may be made,
at the Administrator's election, either from funds available for research and development not
otherwise obligated or from funds appropriated for such payments.
Definitions
As used in this section (1) the term "space vehicle" means an object intended for launch, launched or assembled in outer
space, including the Space Shuttle and other components of a space transportation system, together
with related equipment, devices, components and parts;
(2) the term "user" includes anyone who enters into an agreement with the Administration for use of
all or a portion of a space vehicle, who owns or provides property to be flown on a space vehicle, or
who employs a person to be flown on a space vehicle; and (3) the term "third party" means any
person who may institute a claim against a user for death, bodily injury or loss of or damage to
property.
Sec. 2459. Appropriations
(a)
(b)
(c)
Authorization; limitations for uses of capital nature
There are authorized to be appropriated such sums as may be necessary to carry out this chapter,
except that nothing in this chapter shall authorize the appropriation of any amount for (1) the
acquisition or condemnation of any real property, or (2) any other item of a capital nature (such as
plant or facility acquisition, construction, or expansion) which exceeds $250,000. Sums appropriated
pursuant to this subsection for the construction of facilities, or for research and development
activities, shall remain available until expended.
Use of funds for emergency repairs of existing facilities
Any funds appropriated for the construction of facilities may be used for emergency repairs of
existing facilities when such existing facilities are made inoperative by major breakdown, accident, or
other circumstances and such repairs are deemed by the Administrator to be of greater urgency than
the construction of new facilities.
Termination
Notwithstanding any other provision of law, the authorization of any appropriation to the
Administration shall expire (unless an earlier expiration is specifically provided) at the close of the
third fiscal year following the fiscal year in which the authorization was enacted, to the extent that
such appropriation has not theretofore actually been made.
Sec. 2459a. Availability of appropriated amounts
Appropriations authorized under this Act for "Research and Development", for "Space Flight,
Control, and Data Communications", or for "Construction of Facilities" may remain available until
expended. Contracts may be entered into under "Inspector General" and "Research and Program
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Management" for training, investigations, and costs associated with personnel relocation and for other
services provided during the fiscal year following the fiscal year in which funds are appropriated.
Sec. 2459b. Misuse of agency name and initials; authority of Attorney General to enjoin
(a)
(b)
No person (as defined by section 2457 of this title) may (1) knowingly use the words "National
Aeronautics and Space Administration" or the letters "NASA", or any combination, variation, or
colorable imitation of those words or letters either alone or in combination with other words or letters,
as a firm or business name in a manner reasonably calculated to convey the impression that such firm
or business has some connection with, endorsement of, or authorization from, the National
Aeronautics and Space Administration which does not, in fact, exist; or (2) knowingly use those
words or letters or any combination, variation, or colorable imitation thereof either alone or in
combination with other words or letters in connection with any product or service being offered or
made available to the public in a manner reasonably calculated to convey the impression that such
product or service has the authorization, support, sponsorship, or endorsement of, or the development,
use, or manufacture by or on behalf of the National Aeronautics and Space Administration which
does not, in fact, exist.
Whenever it appears to the Attorney General that any person is engaged in an act or practice which
constitutes or will constitute conduct prohibited by subsection (a) of this section, the Attorney
General may initiate a civil proceeding in a district court of the United States to enjoin such act or
practice.
Sec. 2459c. Contracts regarding expendable launch vehicles
(a)
(b)
The Administrator may enter into contracts for expendabe [1] launch vehicle services that are for
periods in excess of the period for which funds are otherwise available for obligation, provide for the
payment for contingent liability which may accrue in excess of available appropriations in the event
the Government for its convenience terminates such contracts, and provide for advance payments
reasonably related to launch vehicle and related equipment, fabrication, and acquisition costs, if any
such contract limits the amount of the payments that the Federal Government is allowed to make
under such contract to amounts provided in advance in appropriation Acts. Such contracts may be
limited to sources within the United States when the Administrator determines that such limitation is
in the public interest.
If funds are not available to continue any such contract, the contract shall be terminated for the
convenience of the Government, and the costs of such contract shall be paid from appropriations
originally available for performance of the contract, from other, unobligated appropriations currently
available for the procurement of launch services, or from funds appropriated for such payments.
Sec. 2459d. Prohibition of grant or contract providing guaranteed customer base for new commercial
space hardware or services
No amount appropriated to the National Aeronautics and Space Administration in this or any other
Act with respect to any fiscal year may be used to fund grants, contracts or other agreements with an
expected duration of more than one year, when a primary effect of the grant, contract, or agreement is
to provide a guaranteed customer base for or establish an anchor tenancy in new commercial space
hardware or services unless an appropriations Act specifies the new commercial space hardware or
services to be developed or used, or the grant, contract, or agreement is otherwise identified in such
Act.
Sec. 2459e. Quality assurance personnel
(a)
Exclusion of NASA personnel
A person providing articles to the National Aeronautics and Space Administration under a contract
entered into after December 9, 1991, may not exclude National Aeronautics and Space
Administration quality assurance personnel from work sites except as provided in a contract provision
described in subsection (b) of this section.
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(b)
Contract provisions
The National Aeronautics and Space Administration shall not enter into any contract which permits
the exclusion of National Aeronautics and Space Administration quality assurance personnel from
work sites unless the Administrator has submitted a copy of the provision permitting such exclusion
to the Congress at least 60 days before entering into such contract.
Sec. 2460. Appropriations; prior authorization by Congress
Notwithstanding the provisions of any other law, no appropriation may be made to the National
Aeronautics and Space Administration unless previously authorized by legislation hereafter enacted
by the Congress.
Sec. 2461. Congressional Space Medal of Honor; appropriations
The President may award, and present in the name of Congress, a medal of appropriate design, which
shall be known as the Congressional Space Medal of Honor, to any astronaut who in the performance
of his duties has distinguished himself by exceptionally meritorious efforts and contributions to the
welfare of the Nation and of mankind.
There is authorized to be appropriated from time to time such sums of money as may be necessary to
carry out the purposes of this section.
Sec. 2462. Repealed. Pub. L. 97-96, Sec. 8, Dec. 21, 1981, 95 Stat. 1211
Sec. 2463. Tracking and data relay satellite services; report to Congressional committees;
authorization to contract
The National Aeronautics and Space Administration is authorized, when so provided in an
appropriation Act, to enter into and to maintain a contract for tracking and data relay satellite
services. Such services shall be furnished to the National Aeronautics and Space Administration in
accordance with applicable authorization and appropriations Acts. The Government shall incur no
costs under such contract prior to the furnishing of such services except that the contract may
provide for the payment for contingent liability of the Government which may accrue in the event
the Government should decide for its convenience to terminate the contract before the end of the
period of the contract. Facilities which may be required in the performance of the contract may be
constructed on Government-owned lands if there is included in the contract a provision under
which the Government may acquire title to the facilities, under terms and conditions agreed upon in
the contract, upon termination of the contract.
The Administrator shall in January of each year report to the Committee on Science, Space, and
Technology and the Committee on Appropriations of the House of Representatives and the
Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the
Senate the projected aggregate contingent liability of the Government under termination provisions of
any contract authorized in this section through the next fiscal year. The authority of the National
Aeronautics and Space Administration to enter into and to maintain the contract authorized hereunder
shall remain in effect unless repealed by legislation enacted by the Congress after July 30, 1977.
Sec. 2464. Recovery of fair value of placing Department of Defense payloads in orbit with Space
Shuttle
Notwithstanding any other provision of law, or any interagency agreement, the Administrator of the
National Aeronautics and Space Administration shall charge such prices as necessary to recover the
fair value of placing Department of Defense payloads into orbit by means of the Space Shuttle.
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Sec. 2464a. Payloads launched on Titan II launch vehicles; cost effectiveness as against space shuttle
launches
The Secretary of Defense and the Administrator of the National Aeronautics and Space
Administration will jointly determine which payloads will be launched on Titan II launch vehicles
and certify by notice to the Congress that such launches are cost effective as compared to launches by
the space shuttle and do not diminish the efficient and effective utilization of the space shuttle
capability: Provided, That this section may be waived only upon certification by the Secretary of
Defense that certain classified payloads must be launched on the Titan II launch vehicle as opposed to
the space shuttle, for national security reasons.
Sec. 2465. Repealed. Pub. L. 105-362, title XI, Sec. 1101(f), Nov. 10, 1998, 112 Stat. 3292
Sec. 2465a. Space Shuttle use policy
(a)
(b)
(c)
(d)
Use policy
(1) It shall be the policy of the United States to use the Space Shuttle for purposes that (i) require the
presence of man, (ii) require the unique capabilities of the Space Shuttle or (iii) when other
compelling circumstances exist.
(2) The term "compelling circumstances" includes, but is not limited to, occasions when the
Administrator determines, in consultation with the Secretary of Defense and the Secretary of State,
that important national security or foreign policy interests would be served by a Shuttle launch.
(3) The policy stated in subsection (a)(1) of this section shall not preclude the use of available cargo
space, on a Space Shuttle mission otherwise consistent with the policy described under subsection
(a)(1) of this section, for the purpose of carrying secondary payloads (as defined by the
Administrator) that do not require the presence of man if such payloads are consistent with the
requirements of research, development, demonstration, scientific, commercial, and educational
programs authorized by the Administrator.
Implementation plan
The Administrator shall, within six months after November 16, 1990, submit a report to the Congress
setting forth a plan for the implementation of the policy described in subsection (a)(1) of this section.
Such plan shall include (1) details of the implementation plan;
(2) a list of purposes that meet such policy;
(3) a proposed schedule for the implementation of such policy;
(4) an estimate of the costs to the United States of implementing such policy; and
(5) a process for informing the Congress in a timely and regular manner of how the plan is being
implemented.
Annual report
At least annually, the Administrator shall submit to the Congress a report certifying that the payloads
scheduled to be launched on the space shuttle for the next four years are consistent with the policy set
forth in subsection (a)(1) of this section. For each payload scheduled to be launched from the space
shuttle, which do not require the presence of man, the Administrator shall, in the certified report to
Congress, state the specific circumstances which justified the use of the space shuttle. If, during the
period between scheduled reports to the Congress, any additions are made to the list of certified
payloads intended to be launched from the Shuttle, the Administrator shall inform the Congress of the
additions and the reasons therefor within 45 days of the change.
NASA payloads
The report described in subsection (c) of this section shall also include those National Aeronautics
and Space Administration payloads designed solely to fly on the space shuttle which have begun the
phase C/D of its development cycle.
Sec. 2465b. Repealed. Pub. L. 105-303, title II, Sec. 203(1), Oct. 28, 1998, 112 Stat. 2855
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Sec. 2465c. Definitions
For the purposes of sections 2465b to 2465f of this title (1)
the term "launch vehicle" means any vehicle constructed for the purpose of operating in, or placing a
payload in, outer space; and
(2)
the term "payload" means an object which a person undertakes to place in outer space by means of a
launch vehicle, and includes sub-components of the launch vehicle specifically designed or adapted
for that object.
Sec. 2465f. Other activities of National Aeronautics and Space Administration
Commercial payloads may not be accepted for launch as primary payloads on the space shuttle unless the
Administrator of the National Aeronautics and Space Administration determines that (1)
the payload requires the unique capabilities of the space shuttle; or
(2)
launching of the payload on the space shuttle is important for either national security or foreign
policy purposes.
Sec. 2466. Shuttle pricing policy; Congressional findings and declaration of purpose
The Congress finds and declares that (1)
the Space Transportation System is a vital element of the United States space program, contributing
to the United States leadership in space research, technology, and development;
(2)
the Space Transportation System is the primary space launch system for both United States national
security and civil government missions;
(3)
the Space Transportation System contributes to the expansion of United States private sector
investment and involvement in space and therefore should serve commercial users;
(4)
the availability of the Space Transportation System to foreign users for peaceful purposes is an
important means of promoting international cooperative activities in the national interest and in
maintaining access to space for activities which enhance the security and welfare of mankind;
(5)
the United States is committed to maintaining world leadership in space transportation;
(6)
making the Space Transportation System fully operational and cost effective in providing routine
access to space will maximize the national economic benefits of the system; and
(7)
national goals and the objectives for the Space Transportation System can be furthered by a stable
and fair pricing policy for the Space Transportation System.
Sec. 2466a. Goals
The purpose of sections 2466 to 2466c of this title is to set the reimbursement pricing policy for the Space
Transportation System for commercial and foreign users which is consistent with the findings included in
section 2466 of this title, encourages the full and effective use of space, and is designed to achieve the
following goals (1)
the preservation of the role of the United States as a leader in space research, technology, and
development;
(2)
the efficient and cost effective use of the Space Transportation System;
(3)
the achievement of greatly increased commercial space activity; and
(4)
the enhancement of the international competitive position of the United States.
Sec. 2466b. "Administrator" and "additive cost" defined
For purposes of sections 2466 to 2466c of this title, the term (1)
"Administrator" means the Administrator of the National Aeronautics and Space Administration;
and
(2)
"additive cost" means the average direct and indirect costs to the National Aeronautics and Space
Administration of providing additional flights of the Space Transportation System beyond the costs
associated with those flights necessary to meet the space transportation needs of the United States
Government.
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Sec. 2466c. Duties of Administrator
(a)
(b)
(c)
(d)
(e)
Establishment and implementation of reimbursement recovery system; base price
The Administrator shall establish and implement a pricing system to recover reimbursement in
accordance with the pricing policy under section 2466a of this title from each commercial or foreign
user of the Space Transportation System, which except as provided in subsections (c), (d), and (e) of
this section shall include a base price of not less than $74,000,000 for each flight of the Space
Transportation System in 1982 dollars.
Reports to Congressional committees
Each year the Administrator shall submit to the President of the Senate, the Speaker of the House of
Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the
Committee on Science, Space, and Technology of the House of Representatives, a report, transmitted
contemporaneously with the annual budget request of the President, which shall inform the Congress
how the policy goals contained in section 2466a of this title are being furthered by the shuttle price
for foreign and commercial users.
Reduction of base price
(1) If at any time the Administrator finds that the policy goals contained in section 2466a of this title
are not being achieved, the Administrator shall have authority to reduce the base price established in
subsection (a) of this section after forty-five days following receipt by the President of the Senate, the
Speaker of the House, the Committee on Commerce, Science, and Transportation of the Senate, and
the Committee on Science, Space, and Technology of the House of Representatives of a notice by the
Administrator containing a description of the proposed reduction together with a full and complete
statement of the facts and circumstances which necessitate such proposed reduction.
(2) In no case shall the minimum price established under subsection (c)(1) of this section be less than
additive cost.
Lower-priced or no-cost flights for users involved in research, etc., with Space Administration
The Administrator may set a price lower than the price determined under subsection (a) or (c) of this
section, or provide no-cost flights, for any commercial or foreign user of the Space Transportation
System who is involved in research, development or demonstration programs with the National
Aeronautics and Space Administration.
Customer incentives
Notwithstanding the provisions of subsection (a) of this section, the Administrator shall have the
authority to offer reasonable customer incentives consistent with the policy goals in section 2466a of
this title.
Sec. 2467. Science, Space, and Technology Education Trust Fund; annual report to Congress
There is appropriated, by transfer from funds appropriated in this Act for "Construction of facilities",
the sum of $15,000,000 to the "Science, Space, and Technology Education Trust Fund" which is
hereby established in the Treasury of the United States: Provided, That the Secretary shall invest such
funds in the United States Treasury special issue securities, that such interest shall be credited to the
Trust Fund on a quarterly basis, and that such interest shall be available for the purpose of making
grants for programs directed at improving science, space, and technology education in the United
States: Provided further, That the Administrator of the National Aeronautics and Space
Administration, after consultation with the Director of the National Science Foundation, shall review
applications made for such grants and determine the distribution of such available funds on a
competitive basis: Provided further, That such grants shall be made available to any awardee only to
the extent that said awardee provides matching funds from non-Federal sources to carry out the
program for which grants from this Trust Fund are made: Provided further, That of the funds made
available by this Trust Fund, $250,000 shall be disbursed each calendar quarter hereafter to the
Challenger Center for Space Science Education: Provided further, That the Administrator of the
National Aeronautics and Space Administration shall submit to the Congress an annual report on the
grants made pursuant to this paragraph.
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Sec. 2467a. National Aeronautics and Space Administration Endeavor Teacher Fellowship Trust Fund
(a)
(b)
(c)
Establishment
There is established in the Treasury of the United States, in tribute to the dedicated crew of the Space
Shuttle Challenger, a trust fund to be known as the "National Aeronautics and Space Administration
Endeavor Teacher Fellowship Trust Fund" (hereafter in this section referred to as the "Trust Fund").
The Trust Fund shall consist of gifts and donations accepted by the National Aeronautics and Space
Administration pursuant to section 2476b of this title, as well as other amounts which may from time
to time, at the discretion of the Administrator, be transferred from the National Aeronautics and
Space Administration Gifts and Donations Trust Fund.
Investment of Trust Fund
The Administrator shall direct the Secretary of the Treasury to invest and reinvest funds in the Trust
Fund in public debt securities with maturities suitable for the needs of the Trust Fund, and bearing
interest at rates determined by the Secretary of the Treasury, taking into consideration the current
average market yield on outstanding marketable obligations of the United States of comparable
maturities. Interest earned shall be credited to the Trust Fund.
Purpose
Income accruing from the Trust Fund principal shall be used to create the National Aeronautics and
Space Administration Endeavor Teacher Fellowship Program, to the extent provided in advance in
appropriation Acts. The Administrator is authorized to use such funds to award fellowships to
selected United States nationals who are undergraduate students pursuing a course of study leading to
certified teaching degrees in elementary education or in secondary education in mathematics, science,
or technology disciplines. Awards shall be made pursuant to standards established for the fellowship
program by the Administrator.
Sec. 2467b. Requirements
(a)
(b)
(c)
Competition
Making use of the existing infrastructure established in eligible States by the National Science
Foundation, the Administrator shall conduct a merit grant competition among the eligible States in
areas of research important to the mission of the National Aeronautics and Space Administration.
With respect to a grant application by an eligible State, the Administrator shall consider (1) the application's merit and relevance to the mission of the National Aeronautics and Space
Administration;
(2) the potential for the grant to serve as a catalyst to enhance the ability of researchers in the State to
become more competitive for regular National Aeronautics and Space Administration funding;
(3) the potential for the grant to improve the environment for science, mathematics, and engineering
education in the State; and
(4) the need to assure the maximum distribution of grants among eligible States, consistent with
merit.
Supplemental grants
The Administrator shall endeavor, where appropriate, to supplement grants made under subsection (a)
of this section with such grants for fellowships, traineeships, equipment, or instrumentation as are
available.
"Eligible State" defined
In this section, the term "eligible State" means a State designated by the Administrator as eligible to
compete in the Foundation's Experimental Program to Stimulate Competitive Research.
Subchapter II: Coordination of Aeronautical and Space Activities
Sec. 2471. National Space Council
(a)
(b)
Establishment; chairperson
Effective February 1, 1989, there is established in the Executive Office of the President the National
Space Council, which shall be chaired by the Vice President.
Report to Congress on composition and functions
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(c)
By March 1, 1989, the President shall submit to the Congress a report that outlines the composition
and functions of the National Space Council.
Employment of personnel
The Council may employ a staff of not more than seven persons, which is to be headed by a civilian
executive secretary, who shall be appointed by the President.
Sec. 2471a. Users' Advisory Group
(a)
(b)
Establishment
(1) The National Space Council shall establish a Users' Advisory Group composed of non-Federal
representatives of industries and other persons involved in aeronautical and space activities.
(2) The Vice President shall name a chairman of the Users' Advisory Group.
(3) The National Space Council shall from time to time, but not less than once a year, meet with the
Users' Advisory Group.
(4) The function of the Users' Advisory Group shall be to ensure that the interests of industries and
other non-Federal entities involved in space activities, including in particular commercial entities, are
adequately represented in the National Space Council.
(5) The Users' Advisory Group may be assisted by personnel detailed to the National Space Council.
Exemption
The Users' Advisory Group shall not be subject to section 14(a)(2) of the Federal Advisory
Committee Act.
Sec. 2472. National Aeronautics and Space Administration
(a)
(b)
(c)
Establishment; appointment and duties of Administrator
There is established the National Aeronautics and Space Administration (hereinafter called the
"Administration"). The Administration shall be headed by an Administrator, who shall be appointed
from civilian life by the President by and with the advice and consent of the Senate. Under the
supervision and direction of the President, the Administrator shall be responsible for the exercise of
all powers and the discharge of all duties of the Administration, and shall have authority and control
over all personnel and activities thereof.
Deputy Administrator; appointment and duties
There shall be in the Administration a Deputy Administrator, who shall be appointed from civilian
life by the President by and with the advice and consent of the Senate and shall perform such duties
and exercise such powers as the Administrator may prescribe. The Deputy Administrator shall act for,
and exercise the powers of, the Administrator during his absence or disability.
Restriction on engaging in any other business, vocation, or employment
The Administrator and the Deputy Administrator shall not engage in any other business, vocation, or
employment while serving as such.
Sec. 2473. Functions of Administration
(a)
(b)
Planning, directing and conducting aeronautical and space activities; participation by scientific
community; dissemination of information
The Administration, in order to carry out the purpose of this chapter, shall (1) plan, direct, and conduct aeronautical and space activities;
(2) arrange for participation by the scientific community in planning scientific measurements and
observations to be made through use of aeronautical and space vehicles, and conduct or arrange for
the conduct of such measurements and observations;
(3) provide for the widest practicable and appropriate dissemination of information concerning its
activities and the results thereof;
(4) seek and encourage, to the maximum extent possible, the fullest commercial use of space; and
(5) encourage and provide for Federal Government use of commercially provided space services and
hardware, consistent with the requirements of the Federal Government.
Research, development, etc., in ground propulsion technologies and solar heating and cooling
technologies
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(c)
(1) The Administration shall, to the extent of appropriated funds, initiate, support, and carry out such
research, development, demonstration, and other related activities in ground propulsion technologies
as are provided for in sections 2503 through 2509 of title 15.
(2) The Administration shall initiate, support, and carry out such research, development,
demonstrations, and other related activities in solar heating and cooling technologies (to the extent
that funds are appropriated therefor) as are provided for in sections 5503, 5504, and 5507 of this title.
Powers of Administration in performance of its functions
In the performance of its functions the Administration is authorized (1) to make, promulgate, issue, rescind, and amend rules and regulations governing the manner of its
operations and the exercise of the powers vested in it by law;
(2) to appoint and fix the compensation of such officers and employees as may be necessary to carry
out such functions. Such officers and employees shall be appointed in accordance with the civilservice laws and their compensation fixed in accordance with chapter 51 and subchapter III of chapter
53 of title 5, except that (A) to the extent the Administrator deems such action necessary to the
discharge of his responsibilities, he may appoint not more than four hundred and twenty-five of the
scientific, engineering, and administrative personnel of the Administration without regard to such
laws, and may fix the compensation of such personnel not in excess of the highest rate of grade 18 of
the General Schedule, and (B) to the extent the Administrator deems such action necessary to recruit
specially qualified scientific and engineering talent, he may establish the entrance grade for scientific
and engineering personnel without previous service in the Federal Government at a level up to two
grades higher than the grade provided for such personnel under the General Schedule, and fix their
compensation accordingly;
(3) to acquire (by purchase, lease, condemnation, or otherwise), construct, improve, repair, operate,
and maintain laboratories, research and testing sites and facilities, aeronautical and space vehicles,
quarters and related accommodations for employees and dependents of employees of the
Administration, and such other real and personal property (including patents), or any interest therein,
as the Administration deems necessary within and outside the continental United States; to acquire by
lease or otherwise, through the Administrator of General Services, buildings or parts of buildings in
the District of Columbia for the use of the Administration for a period not to exceed ten years without
regard to section 34 of title 40; to lease to others such real and personal property; to sell and
otherwise dispose of real and personal property (including patents and rights thereunder) in
accordance with the provisions of the Federal Property and Administrative Services Act of 1949, as
amended (40 U.S.C. 471 et seq.); and to provide by contract or otherwise for cafeterias and other
necessary facilities for the welfare of employees of the Administration at its installations and
purchase and maintain equipment therefor;
(4) to accept unconditional gifts or donations of services, money, or property, real, personal, or
mixed, tangible or intangible;
(5) without regard to section 3324(a) and (b) of title 31, to enter into and perform such contracts,
leases, cooperative agreements, or other transactions as may be necessary in the conduct of its work
and on such terms as it may deem appropriate, with any agency or instrumentality of the United
States, or with any State, Territory, or possession, or with any political subdivision thereof, or with
any person, firm, association, corporation, or educational institution. To the maximum extent
practicable and consistent with the accomplishment of the purpose of this chapter, such contracts,
leases, agreements, and other transactions shall be allocated by the Administrator in a manner which
will enable small-business concerns to participate equitably and proportionately in the conduct of the
work of the Administration;
(6) to use, with their consent, the services, equipment, personnel, and facilities of Federal and other
agencies with or without reimbursement, and on a similar basis to cooperate with other public and
private agencies and instrumentalities in the use of services, equipment, and facilities. Each
department and agency of the Federal Government shall cooperate fully with the Administration in
making its services, equipment, personnel, and facilities available to the Administration, and any such
department or agency is authorized, notwithstanding any other provision of law, to transfer to or to
receive from the Administration, without reimbursement, aeronautical and space vehicles, and
supplies and equipment other than administrative supplies or equipment;
(7) to appoint such advisory committees as may be appropriate for purposes of consultation and
advice to the Administration in the performance of its functions;
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(8) to establish within the Administration such offices and procedures as may be appropriate to
provide for the greatest possible coordination of its activities under this chapter with related scientific
and other activities being carried on by other public and private agencies and organizations;
(9) to obtain services as authorized by section 3109 of title 5, but at rates for individuals not to exceed
the per diem rate equivalent to the rate for GS-18;
(10) when determined by the Administrator to be necessary, and subject to such security
investigations as he may determine to be appropriate, to employ aliens without regard to statutory
provisions prohibiting payment of compensation to aliens;
(11) to provide by concession, without regard to section 303b of title 40, on such terms as the
Administrator may deem to be appropriate and to be necessary to protect the concessioner against
loss of his investment in property (but not anticipated profits) resulting from the Administration's
discretionary acts and decisions, for the construction, maintenance, and operation of all manner of
facilities and equipment for visitors to the several installations of the Administration and, in
connection therewith, to provide services incident to the dissemination of information concerning its
activities to such visitors, without charge or with a reasonable charge therefor (with this authority
being in addition to any other authority which the Administration may have to provide facilities,
equipment, and services for visitors to its installations). A concession agreement under this paragraph
may be negotiated with any qualified proposer following due consideration of all proposals received
after reasonable public notice of the intention to contract. The concessioner shall be afforded a
reasonable opportunity to make a profit commensurate with the capital invested and the obligations
assumed, and the consideration paid by him for the concession shall be based on the probable value
of such opportunity and not on maximizing revenue to the United States. Each concession agreement
shall specify the manner in which the concessioner's records are to be maintained, and shall provide
for access to any such records by the Administration and the Comptroller General of the United
States for a period of five years after the close of the business year to which such records relate. A
concessioner may be accorded a possessory interest, consisting of all incidents of ownership except
legal title (which shall vest in the United States), in any structure, fixture, or improvement he
constructs or locates upon land owned by the United States; and, with the approval of the
Administration, such possessory interest may be assigned, transferred, encumbered, or relinquished
by him, and, unless otherwise provided by contract, shall not be extinguished by the expiration or
other termination of the concession and may not be taken for public use without just compensation;
(12) with the approval of the President, to enter into cooperative agreements under which members of
the Army, Navy, Air Force, and Marine Corps may be detailed by the appropriate Secretary for
services in the performance of functions under this chapter to the same extent as that to which they
might be lawfully assigned in the Department of Defense;
(13)
(A) to consider, ascertain, adjust, determine, settle, and pay, on behalf of the United States, in full
satisfaction thereof, any claim for $25,000 or less against the United States for bodily injury, death, or
damage to or loss of real or personal property resulting from the conduct of the Administration's
functions as specified in subsection (a) of this section, where such claim is presented to the
Administration in writing within two years after the accident or incident out of which the claim
arises; and
(B) if the Administration considers that a claim in excess of $25,000 is meritorious and would
otherwise be covered by this paragraph, to report the facts and circumstances thereof to the Congress
for its consideration.
Sec. 2473a. Repealed. Pub. L. 96-470, title I, Sec. 118(b), Oct. 19, 1980, 94 Stat. 2241
Sec. 2473b. Award of prime and subcontracts to small businesses and disadvantaged individuals
The NASA Administrator shall annually establish a goal of at least 8 per centum of the total value of
prime and subcontracts awarded in support of authorized programs, including the space station by the
time operational status is obtained, which funds will be made available to small business concerns or
other organizations owned or controlled by socially and economically disadvantaged individuals
(within the meaning of section 637(a)(5) and (6) of title 15), including Historically Black Colleges
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and Universities and minority educational institutions (as defined by the Secretary of Education
pursuant to the General Education Provisions Act (20 U.S.C. 1221 et seq.)).
To facilitate progress in reaching this goal, the NASA Administrator shall submit within one year
from Nov. 9, 1989, a plan describing the process to be followed to achieve the prescribed level of
participation in the shortest practicable time.
Sec. 2473c. Drug and alcohol testing
(a)
(b)
(c)
(d)
Short title
This section may be cited as the "Civil Space Employee Testing Act of 1991".
Findings
The Congress finds that (1) alcohol abuse and illegal drug use pose significant dangers to the safety and welfare of the Nation;
(2) the success of the United States civil space program is contingent upon the safe and successful
development and deployment of the many varied components of that program;
(3) the greatest efforts must be expended to eliminate the abuse of alcohol and use of illegal drugs,
whether on duty or off duty, by those individuals who are involved in the positions affecting safety,
security, and national security;
(4) the use of alcohol and illegal drugs has been demonstrated to adversely affect the performance of
individuals, and has been proven to have been a critical factor in accidents in the workplace;
(5) the testing of uniformed personnel of the Armed Forces has shown that the most effective
deterrent to abuse of alcohol and use of illegal drugs is increased testing, including random testing;
(6) adequate safeguards can be implemented to ensure that testing for abuse of alcohol or use of
illegal drugs is performed in a manner which protects an individual's right of privacy, ensures that no
individual is harassed by being treated differently from other individuals, and ensures that no
individual's reputation or career development is unduly threatened or harmed; and
(7) rehabilitation is a critical component of any testing program for abuse of alcohol or use of illegal
drugs, and should be made available to individuals, as appropriate.
Testing program
(1) The Administrator shall establish a program applicable to employees of the National Aeronautics
and Space Administration whose duties include responsibility for safety-sensitive, security, or
national security functions. Such program shall provide for preemployment, reasonable suspicion,
random, and post-accident testing for use, in violation of applicable law or Federal regulation, of
alcohol or a controlled substance. The Administrator may also prescribe regulations, as the
Administrator considers appropriate in the interest of safety, security, and national security, for the
conduct of periodic recurring testing of such employees for such use in violation of applicable law or
Federal regulation.
(2) The Administrator shall, in the interest of safety, security, and national security, prescribe
regulations within 18 months after December 9, 1991. Such regulations shall establish a program
which requires National Aeronautics and Space Administration contractors to conduct
preemployment, reasonable suspicion, random, and post-accident testing of contractor employees
responsible for safety-sensitive, security, or national security functions (as determined by the
Administrator) for use, in violation of applicable law or Federal regulation, of alcohol or a controlled
substance. The Administrator may also prescribe regulations, as the Administrator considers
appropriate in the interest of safety, security, and national security, for the conduct of periodic
recurring testing of such employees for such use in violation of applicable law or Federal regulation.
(3) In prescribing regulations under the programs required by this subsection, the Administrator shall
require, as the Administrator considers appropriate, the suspension, disqualification, or dismissal of
any employee to which paragraph (1) or (2) applies, in accordance with the provisions of this section,
in any instance where a test conducted and confirmed under this section indicates that such employee
has used, in violation of applicable law or Federal regulation, alcohol or a controlled substance.
Prohibition on service
(1) No individual who is determined by the Administrator under this section to have used, in violation
of applicable law or Federal regulation, alcohol or a controlled substance after December 9, 1991,
shall serve as a National Aeronautics and Space Administration employee with responsibility for
safety-sensitive, security, or national security functions (as determined by the Administrator), or as a
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(e)
(f)
National Aeronautics and Space Administration contractor employee with such responsibility, unless
such individual has completed a program of rehabilitation described in subsection (e) of this section.
(2) Any such individual determined by the Administrator under this section to have used, in violation
of applicable law or Federal regulation, alcohol or a controlled substance after December 9, 1991,
who (A) engaged in such use while on duty;
(B) prior to such use had undertaken or completed a rehabilitation program described in subsection
(e) of this section;
(C) following such determination refuses to undertake such a rehabilitation program; or
(D) following such determination fails to complete such a rehabilitation program, shall not be
permitted to perform the duties which such individual performed prior to the date of such
determination.
Program for rehabilitation
(1) The Administrator shall prescribe regulations setting forth requirements for rehabilitation
programs which at a minimum provide for the identification and opportunity for treatment of
employees referred to in subsection (c) of this section in need of assistance in resolving problems
with the use, in violation of applicable law or Federal regulation, of alcohol or a controlled substance.
Each contractor is encouraged to make such a program available to all of its employees in addition to
those employees referred to in subsection (c)(2) of this section. The Administrator shall determine the
circumstances under which such employees shall be required to participate in such a program.
Nothing in this subsection shall preclude any National Aeronautics and Space Administration
contractor from establishing a program under this subsection in cooperation with any other such
contractor.
(2) The Administrator shall establish and maintain a rehabilitation program which at a minimum
provides for the identification and opportunity for treatment of those employees of the National
Aeronautics and Space Administration whose duties include responsibility for safety-sensitive,
security, or national security functions who are in need of assistance in resolving problems with the
use of alcohol or controlled substances.
Procedures for testing
In establishing the programs required under subsection (c) of this section, the Administrator shall
develop requirements which shall (1) promote, to the maximum extent practicable, individual privacy in the collection of specimen
samples;
(2) with respect to laboratories and testing procedures for controlled substances, incorporate the
Department of Health and Human Services scientific and technical guidelines dated April 11, 1988,
and any subsequent amendments thereto, including mandatory guidelines which (A) establish comprehensive standards for all aspects of laboratory controlled substances testing and
laboratory procedures to be applied in carrying out this section, including standards which require the
use of the best available technology for ensuring the full reliability and accuracy of controlled
substances tests and strict procedures governing the chain of custody of specimen samples collected
for controlled substances testing;
(B) establish the minimum list of controlled substances for which individuals may be tested; and
(C) establish appropriate standards and procedures for periodic review of laboratories and criteria for
certification and revocation of certification of laboratories to perform controlled substances testing in
carrying out this section;
(3) require that all laboratories involved in the controlled substances testing of any individual under
this section shall have the capability and facility, at such laboratory, of performing screening and
confirmation tests;
(4) provide that all tests which indicate the use, in violation of applicable law or Federal regulation, of
alcohol or a controlled substance by any individual shall be confirmed by a scientifically recognized
method of testing capable of providing quantitative data regarding alcohol or a controlled substance;
(5) provide that each specimen sample be subdivided, secured, and labelled in the presence of the
tested individual and that a portion thereof be retained in a secure manner to prevent the possibility of
tampering, so that in the event the individual's confirmation test results are positive the individual has
an opportunity to have the retained portion assayed by a confirmation test done independently at a
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(g)
(h)
second certified laboratory if the individual requests the independent test within 3 days after being
advised of the results of the initial confirmation test;
(6) ensure appropriate safeguards for testing to detect and quantify alcohol in breath and body fluid
samples, including urine and blood, through the development of regulations as may be necessary and
in consultation with the Department of Health and Human Services;
(7) provide for the confidentiality of test results and medical information of employees; and
(8) ensure that employees are selected for tests by nondiscriminatory and impartial methods, so that
no employee is harassed by being treated differently from other employees in similar circumstances.
Effect on other laws and regulations
(1) No State or local government shall adopt or have in effect any law, rule, regulation, ordinance,
standard, or order that is inconsistent with the regulations promulgated under this section.
(2) Nothing in this section shall be construed to restrict the discretion of the Administrator to continue
in force, amend, or further supplement any regulations issued before December 9, 1991, that govern
the use of alcohol and controlled substances by National Aeronautics and Space Administration
employees with responsibility for safety-sensitive, security, and national security functions (as
determined by the Administrator), or by National Aeronautics and Space Administration contractor
employees with such responsibility.
"Controlled substance" defined
For the purposes of this section, the term "controlled substance" means any substance under section
802(6) of title 21 specified by the Administrator.
Sec. 2473d. Use of abandoned and underutilized buildings, grounds, and facilities
(a)
(b)
General rule
In meeting the needs of the National Aeronautics and Space Administration for additional facilities,
the Administrator shall investigate the use of abandoned and underutilized buildings, grounds, and
facilities in depressed communities that can be converted to National Aeronautics and Space
Administration facilities and shall prioritize such uses where cost effective, as determined by the
Administrator.
"Depressed communities" defined
For purposes of this section, the term "depressed communities" means rural and urban communities
that are relatively depressed, in terms of age of housing, extent of poverty, growth of per capita
income, extent of unemployment, job lag, or surplus labor.
Sec. 2475. International cooperation
The Administration, under the foreign policy guidance of the President, may engage in a program of
international cooperation in work done pursuant to this chapter, and in the peaceful application of the
results thereof, pursuant to agreements made by the President with the advice and consent of the
Senate.
Sec. 2476. Reports to Congress
(a)
(b)
(c)
Presidential report; transmittal
The President shall transmit to the Congress in January of each year a report, which shall include (1)
a comprehensive description of the programed activities and the accomplishments of all agencies of
the United States in the field of aeronautics and space activities during the preceding calendar year,
and (2) an evaluation of such activities and accomplishments in terms of the attainment of, or the
failure to attain, the objectives described in section 2451(c) [1] of this title.
Recommendations for additional legislation
Any report made under this section shall contain such recommendations for additional legislation as
the Administrator or the President may consider necessary or desirable for the attainment of the
objectives described in section 2451(c) (FOOTNOTE 1) of this title.
Classified information
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No information which has been classified for reasons of national security shall be included in any
report made under this section, unless such information has been declassified by, or pursuant to
authorization given by, the President.
Sec. 2476a. Disposal of excess land; approval by Congressional committees
Notwithstanding the provisions of this or any other law, the Administration may not report to a
disposal agency as excess to the needs of the Administration any land having an estimated value in
excess of $50,000 which is owned by the United States and under the jurisdiction and control of the
Administration, unless (A) a period of thirty days has passed after the receipt by the Speaker and the
Committee on Science, Space, and Technology of the House of Representatives and the President and
the Committee on Commerce, Science, and Transportation of the Senate of a report by the
Administrator or his designee containing a full and complete statement of the action proposed to be
taken and the facts and circumstances relied upon in support of such action, or (B) each such
committee before the expiration of such period has transmitted to the Administrator written notice to
the effect that such committee has no objection to the proposed action.
Sec. 2476b. Donations for space shuttle orbiter
(a)
(b)
(c)
Acceptance by Administrator and use
The Administrator may accept gifts and donations of services, money, and real, personal, tangible,
and intangible property, and use such gifts and donations for the construction of a space shuttle
orbiter.
Termination of authority to accept; use of unneeded gifts and donations
(1) The authority of the Administrator to accept gifts or donations pursuant to subsection (a) of this
section shall terminate five years after October 30, 1987.
(2) All gifts and donations accepted by the Administrator pursuant to subsection (a) of this section
which are not needed for construction of a space shuttle orbiter shall be used by the Administrator for
an appropriate purpose (A) in tribute to the dedicated crew of the space shuttle Challenger; and
(B) in furtherance of the exploration of space.
Name of space shuttle orbiter
The name of a space shuttle orbiter constructed in whole or in part with gifts or donations whose
acceptance and use are authorized by subsection (a) of this section shall be selected by the
Administrator from among suggestions submitted by students in elementary and secondary schools.
Sec. 2477. Aerospace Safety Advisory Panel; membership; appointment; term; powers and duties of
Panel; Chairman; compensation, travel and other necessary expenses; NASA membership restriction
There is hereby established an Aerospace Safety Advisory Panel consisting of a maximum of nine
members who shall be appointed by the Administrator for terms of six years each. The Panel shall
review safety studies and operations plans referred to it and shall make reports thereon, shall advise
the Administrator with respect to the hazards of proposed or existing facilities and proposed
operations and with respect to the adequacy of proposed or existing safety standards and shall
perform such other duties as the Administrator may request. One member shall be designated by the
Panel as its Chairman. Members of the Panel who are officers or employees of the Federal
Government shall receive no compensation for their services as such, but shall be allowed necessary
travel expenses (or in the alternative, mileage for use of privately owned vehicles and a per diem in
lieu of subsistence not to exceed the rates and amounts prescribed in sections 5702, 5704 of title 5),
and other necessary expenses incurred by them in the performance of duties vested in the Panel,
without regard to the provisions of subchapter I, chapter 57 of title 5, the Standardized Government
Travel Regulations, or section 5731 of title 5. Members of the Panel appointed from outside the
Federal Government shall each receive compensation at a rate not to exceed the per diem rate
equivalent to the rate for GS-18 for each day such member is engaged in the actual performance of
duties vested in the Panel in addition to reimbursement for travel, subsistence, and other necessary
expenses in accordance with the provisions of the foregoing sentence. Not more than four such
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members shall be chosen from among the officers and employees of the National Aeronautics and
Space Administration.
Subchapter III: Upper Atmosphere Research
Sec. 2481. Congressional declaration of purpose and policy
(a)
(b)
The purpose of this subchapter is to authorize and direct the Administration to develop and carry out
a comprehensive program of research, technology, and monitoring of the phenomena of the upper
atmosphere so as to provide for an understanding of and to maintain the chemical and physical
integrity of the Earth's upper atmosphere.
The Congress declares that it is the policy of the United States to undertake an immediate and
appropriate research, technology, and monitoring program that will provide for understanding the
physics and chemistry of the Earth's upper atmosphere.
Sec. 2482. "Upper atmosphere" defined
For the purpose of this subchapter the term "upper atmosphere" means that portion of the Earth's sensible
atmosphere above the troposphere.
Sec. 2483. Program authorized
(a)
(b)
In order to carry out the purposes of this subchapter the Administration in cooperation with other
Federal agencies, shall initiate and carry out a program of research, technology, monitoring, and other
appropriate activities directed to understand the physics and chemistry of the upper atmosphere.
In carrying out the provisions of this subchapter the Administration shall (1) arrange for participation by the scientific and engineering community, of both the Nation's
industrial organizations and institutions of higher education, in planning and carrying out appropriate
research, in developing necessary technology and in making necessary observations and
measurements;
(2) provide, by way of grant, contract, scholarships or other arrangements, to the maximum extent
practicable and consistent with other laws, for the widest practicable and appropriate participation of
the scientific and engineering community in the program authorized by this subchapter; and
(3) make all results of the program authorized by this subchapter available to the appropriate
regulatory agencies and provide for the widest practicable dissemination of such results.
Sec. 2484. International cooperation
In carrying out the provisions of this subchapter, the Administration, subject to the direction of the President
and after consultation with the Secretary of State, shall make every effort to enlist the support and
cooperation of appropriate scientists and engineers of other countries and international organizations.
COMMERCIAL SPACE ACT, 1998
One Hundred Fifth Congress of the United States of America
AT THE SECOND SESSION
H.R.1702
Begun and held at the City of Washington on Tuesday, the twenty-seventh day of January, one thousand
nine hundred and ninety-eight
256
An Act
To encourage the development of a commercial space industry in the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress
assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a)
(b)
SHORT TITLE- This Act may be cited as the 'Commercial Space Act of 1998'.
TABLE OF CONTENTS[…]
SEC. 2. DEFINITIONS.
For purposes of this Act-(1)
the term 'Administrator' means the Administrator of the National Aeronautics and Space
Administration;
(2)
the term 'commercial provider' means any person providing space transportation services or other
space-related activities, primary control of which is held by persons other than Federal, State, local,
and foreign governments;
(3)
the term 'payload' means anything that a person undertakes to transport to, from, or within outer
space, or in suborbital trajectory, by means of a space transportation vehicle, but does not include the
space transportation vehicle itself except for its components which are specifically designed or
adapted for that payload;
(4)
the term 'space-related activities' includes research and development, manufacturing, processing,
service, and other associated and support activities;
(5)
the term 'space transportation services' means the preparation of a space transportation vehicle and
its payloads for transportation to, from, or within outer space, or in suborbital trajectory, and the
conduct of transporting a payload to, from, or within outer space, or in suborbital trajectory;
(6)
the term 'space transportation vehicle' means any vehicle constructed for the purpose of operating
in, or transporting a payload to, from, or within, outer space, or in suborbital trajectory, and includes
any component of such vehicle not specifically designed or adapted for a payload;
(7)
the term 'State' means each of the several States of the Union, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of
the Northern Mariana Islands, and any other commonwealth, territory, or possession of the United
States; and
(8)
the term 'United States commercial provider' means a commercial provider, organized under the
laws of the United States or of a State, which is-(A) more than 50 percent owned by United States nationals; or
(B) a subsidiary of a foreign company and the Secretary of Transportation finds
that-(i) such subsidiary has in the past evidenced a substantial commitment to the United States market
through-(I) investments in the United States in long-term research, development, and manufacturing
(including the manufacture of major components and subassemblies);
and
(II) significant contributions to employment in the United States; and
(ii) the country or countries in which such foreign company is incorporated or organized, and, if
appropriate, in which it principally conducts its business, affords reciprocal treatment to companies
described in subparagraph (A) comparable to that afforded to such foreign company's subsidiary in
the United States, as evidenced by-(I) providing comparable opportunities for companies described in subparagraph (A) to
participate in Government sponsored research and development similar to that authorized under
this Act;
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(II) providing no barriers, to companies described in subparagraph (A) with respect to local
investment opportunities, that are not provided to foreign companies in the United States; and
(III) providing adequate and effective protection for the intellectual property rights of companies
described in subparagraph (A).
TITLE I--PROMOTION OF COMMERCIAL SPACE OPPORTUNITIES
SEC. 101. COMMERCIALIZATION OF SPACE STATION.
(a)
(b)
(2)
(3)
(4)
POLICY- The Congress declares that a priority goal of constructing the International Space Station is
the economic development of Earth orbital space.
The Congress further declares that free and competitive markets create the most efficient conditions
for promoting economic development, and should therefore govern the economic development of
Earth orbital space. The Congress further declares that the use of free market principles in operating,
servicing, allocating the use of, and adding capabilities to the Space Station, and the resulting fullest
possible engagement of commercial providers and participation of commercial users, will reduce
Space Station operational costs for all partners and the Federal Government's share of the United
States burden to fund operations.
REPORTS- (1) The Administrator shall deliver to the Committee on Science of the House of
Representatives and the Committee on Commerce, Science, and Transportation of the Senate, within
90 days after the date of the enactment of this Act, a study that identifies and examines-(A) the opportunities for commercial providers to play a role in International Space Station activities,
including operation, use, servicing, and augmentation;
(B) the potential cost savings to be derived from commercial providers playing a role in each of these
activities;
(C) which of the opportunities described in subparagraph (A) the Administrator plans to make
available to commercial providers in fiscal years 1999 and 2000;
(D) the specific policies and initiatives the Administrator is advancing to encourage and facilitate
these commercial opportunities; and
(E) the revenues and cost reimbursements to the Federal Government from commercial users of the
Space Station.
The Administrator shall deliver to the Committee on Science of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate, within 180 days after the date
of the enactment of this Act, an independently conducted market study that examines and evaluates
potential industry interest in providing commercial goods and services for the operation, servicing,
and augmentation of the International Space Station, and in the commercial use of the International
Space Station. This study shall also include updates to the cost savings and revenue estimates made in
the study described in paragraph (1) based on the external market assessment.
The Administrator shall deliver to the Congress, no later than the submission of the President's annual
budget request for fiscal year 2000, a report detailing how many proposals (whether solicited or not)
the National Aeronautics and Space Administration received during calendar years 1997 and 1998
regarding commercial operation, servicing, utilization, or augmentation of the International Space
Station, broken down by each of these four categories, and specifying how many agreements the
National Aeronautics and Space Administration has entered into in response to these proposals, also
broken down by these four categories.
Each of the studies and reports required by paragraphs (1), (2), and (3) shall include consideration of
the potential role of State governments as brokers in promoting commercial participation in the
International Space Station program.
SEC. 102. COMMERCIAL SPACE LAUNCH AMENDMENTS.
(a)
AMENDMENTS- Chapter 701 of title 49, United States Code, is amended--
(1)
in the table of sections-(A) by amending the item relating to section 70104 to read as follows:
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(2)
(3)
(4)
(5)
'70104. Restrictions on launches, operations, and reentries.';
(B) by amending the item relating to section 70108 to read as follows:
'70108. Prohibition, suspension, and end of launches, operation of launch and reentry sites, and
reentries.';
(C) by amending the item relating to section 70109 to read as follows:
'70109. Preemption of scheduled launches or reentries.'; and
(D) by adding at the end the following new items:
'70120. Regulations.
'70121. Report to Congress.'.
in section 70101-(A) by inserting 'microgravity research,' after 'information services,' in subsection (a)(3);
(B) by inserting ', reentry,' after 'launching' both places it appears in subsection (a)(4);
(C) by inserting ', reentry vehicles,' after 'launch vehicles' in subsection (a)(5);
(D) by inserting 'and reentry services' after 'launch services' in subsection (a)(6);
(E) by inserting ', reentries,' after 'launches' both places it appears in subsection (a)(7);
(F) by inserting ', reentry sites,' after 'launch sites' in subsection (a)(8);
(G) by inserting 'and reentry services' after 'launch services' in subsection (a)(8);
(H) by inserting 'reentry sites,' after 'launch sites,' in subsection (a)(9);
(I) by inserting 'and reentry site' after 'launch site' in subsection (a)(9);
(J) by inserting ', reentry vehicles,' after 'launch vehicles' in subsection (b)(2);
(K) by striking 'launch' in subsection (b)(2)(A);
(L) by inserting 'and reentry' after 'conduct of commercial launch' in subsection (b)(3);
(M) by striking 'launch' after 'and transfer commercial' in subsection (b)(3); and
(N) by inserting 'and development of reentry sites,' after 'launch-site support facilities,' in subsection
(b)(4);
in section 70102-(A) in paragraph (3)-(i) by striking 'and any payload' and inserting in lieu thereof 'or reentry vehicle and any payload from
Earth';
(ii) by striking the period at the end of subparagraph (C) and inserting in lieu thereof a comma; and
(iii) by adding after subparagraph (C) the following:
'including activities involved in the preparation of a launch vehicle or payload for launch, when those
activities take place at a launch site in the United States.';
(B) by inserting 'or reentry vehicle' after 'means of a launch vehicle' in paragraph (8);
(C) by redesignating paragraphs (10), (11), and (12) as paragraphs (14), (15), and (16), respectively;
(D) by inserting after paragraph (9) the following new paragraphs:
'(10) 'reenter' and 'reentry' mean to return or attempt to return, purposefully, a reentry vehicle and its
payload, if any, from Earth orbit or from outer space to Earth.
'(11) 'reentry services' means-'(A) activities involved in the preparation of a reentry vehicle and its payload, if any, for reentry; and
'(B) the conduct of a reentry.
'(12) 'reentry site' means the location on Earth to which a reentry vehicle is intended to return (as
defined in a license the Secretary issues or transfers under this chapter).
'(13) 'reentry vehicle' means a vehicle designed to return from Earth orbit or outer space to Earth, or a
reusable launch vehicle designed to return from Earth orbit or outer space to Earth, substantially
intact.'; and
(E) by inserting 'or reentry services' after 'launch services' each place it appears in paragraph (15), as
so redesignated by subparagraph (C) of this paragraph;
in section 70103(b)-(A) by inserting 'AND REENTRIES' after 'LAUNCHES' in the subsection heading;
(B) by inserting 'and reentries' after 'commercial space launches' in paragraph (1); and
(C) by inserting 'and reentry' after 'space launch' in paragraph (2);
in section 70104-(A) by amending the section designation and heading to read as follows:
'Sec. 70104. Restrictions on launches, operations, and reentries';
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(6)
(7)
(8)
(9)
(B) by inserting 'or reentry site, or to reenter a reentry vehicle,' after 'operate a launch site' each place
it appears in subsection (a);
(C) by inserting 'or reentry' after 'launch or operation' in subsection (a)(3) and (4);
(D) in subsection (b)-(i) by striking 'launch license' and inserting in lieu thereof 'license';
(ii) by inserting 'or reenter' after 'may launch'; and
(iii) by inserting 'or reentering' after 'related to launching'; and
(E) in subsection (c)-(i) by amending the subsection heading to read as follows: 'PREVENTING LAUNCHES AND
REENTRIES- ';
(ii) by inserting 'or reentry' after 'prevent the launch'; and
(iii) by inserting 'or reentry' after 'decides the launch';
in section 70105-(A) by inserting '(1)' before 'A person may apply' in subsection (a);
(B) by striking 'receiving an application' both places it appears in subsection (a) and inserting in lieu
thereof 'accepting an application in accordance with criteria established pursuant to subsection
(b)(2)(D)';
(C) by adding at the end of subsection (a) the following: 'The Secretary shall transmit to the
Committee on Science of the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a written notice not later than 30 days after any occurrence when a
license is not issued within the deadline established by this subsection.
'(2) In carrying out paragraph (1), the Secretary may establish procedures for safety approvals of
launch vehicles, reentry vehicles, safety systems, processes, services, or personnel that may be used
in conducting licensed commercial space launch or reentry activities.';
(D) by inserting 'or a reentry site, or the reentry of a reentry vehicle,' after 'operation of a launch site'
in subsection (b)(1);
(E) by striking 'or operation' and inserting in lieu thereof ', operation, or reentry' in subsection
(b)(2)(A);
(F) by striking 'and' at the end of subsection (b)(2)(B);
(G) by striking the period at the end of subsection (b)(2)(C) and inserting in lieu thereof '; and';
(H) by adding at the end of subsection (b)(2) the following new subparagraph:
'(D) regulations establishing criteria for accepting or rejecting an application for a license under this
chapter within 60 days after receipt of such application.'; and
(I) by inserting ', including the requirement to obtain a license,' after 'waive a requirement' in
subsection (b)(3);
in section 70106(a)-(A) by inserting 'or reentry site' after 'observer at a launch site';
(B) by inserting 'or reentry vehicle' after 'assemble a launch vehicle'; and
(C) by inserting 'or reentry vehicle' after 'with a launch vehicle';
in section 70108-(A) by amending the section designation and heading to read as follows:
'Sec. 70108. Prohibition, suspension, and end of launches, operation of launch sites and reentry sites,
and reentries'; and
(B) in subsection (a)-(i) by inserting 'or reentry site, or reentry of a reentry vehicle,' after 'operation of a launch site'; and
(ii) by inserting 'or reentry' after 'launch or operation';
in section 70109-(A) by amending the section designation and heading to read as follows:
'Sec. 70109. Preemption of scheduled launches or reentries';
(B) in subsection (a)-(i) by inserting 'or reentry' after 'ensure that a launch';
(ii) by inserting ', reentry site,' after 'United States Government launch site';
(iii) by inserting 'or reentry date commitment' after 'launch date commitment';
(iv) by inserting 'or reentry' after 'obtained for a launch';
(v) by inserting ', reentry site,' after 'access to a launch site';
(vi) by inserting ', or services related to a reentry,' after 'amount for launch services'; and
260
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(vii) by inserting 'or reentry' after 'the scheduled launch'; and
(C) in subsection (c), by inserting 'or reentry' after 'prompt launching';
in section 70110-(A) by inserting 'or reentry' after 'prevent the launch' in subsection (a)(2); and
(B) by inserting 'or reentry site, or reentry of a reentry vehicle,' after 'operation of a launch site' in
subsection (a)(3)(B);
in section 70111-(A) by inserting 'or reentry' after 'launch' in subsection (a)(1)(A);
(B) by inserting 'and reentry services' after 'launch services' in subsection (a)(1)(B);
(C) by inserting 'or reentry services' after 'or launch services' in subsection (a)(2);
(D) by striking 'source.' in subsection (a)(2) and inserting 'source, whether such source is located on
or off a Federal range.';
(E) by inserting 'or reentry' after 'commercial launch' both places it appears in subsection (b)(1);
(F) by inserting 'or reentry services' after 'launch services' in subsection (b)(2)(C);
(G) by inserting after subsection (b)(2) the following new paragraph:
'(3) The Secretary shall ensure the establishment of uniform guidelines for, and consistent
implementation of, this section by all Federal agencies.';
(H) by striking 'or its payload for launch' in subsection (d) and inserting in lieu thereof 'or reentry
vehicle, or the payload of either, for launch or reentry'; and
(I) by inserting ', reentry vehicle,' after 'manufacturer of the launch vehicle' in subsection (d);
in section 70112-(A) in subsection (a)(1), by inserting 'launch or reentry' after '(1) When a';
(B) by inserting 'or reentry' after 'one launch' in subsection (a)(3);
(C) by inserting 'or reentry services' after 'launch services' in subsection (a)(4);
(D) in subsection (b)(1), by inserting 'launch or reentry' after '(1) A';
(E) by inserting 'or reentry services' after 'launch services' each place it appears in subsection (b);
(F) by inserting 'applicable' after 'carried out under the' in paragraphs (1) and (2) of subsection (b);
(G) by inserting 'OR REENTRIES' after 'LAUNCHES' in the heading for subsection (e);
(H) by inserting 'or reentry site or a reentry' after 'launch site' in subsection (e); and
(I) in subsection (f), by inserting 'launch or reentry' after 'carried out under a';
in section 70113(a)(1) and (d)(1) and (2), by inserting 'or reentry' after 'one launch' each place it
appears;
in section 70115(b)(1)(D)(i)-(A) by inserting 'reentry site,' after 'launch site,'; and
(B) by inserting 'or reentry vehicle' after 'launch vehicle' both places it appears;
in section 70117-(A) by inserting 'or reentry site, or to reenter a reentry vehicle' after 'operate a launch site' in
subsection (a);
(B) by inserting 'or reentry' after 'approval of a space launch' in subsection (d);
(C) by amending subsection (f) to read as follows:
'(f) LAUNCH NOT AN EXPORT; REENTRY NOT AN IMPORT- A launch vehicle, reentry
vehicle, or payload that is launched or reentered is not, because of the launch or reentry, an export or
import, respectively, for purposes of a law controlling exports or imports, except that payloads
launched pursuant to foreign trade zone procedures as provided for under the Foreign Trade Zones
Act (19 U.S.C. 81a-81u) shall be considered exports with regard to customs entry.'; and
(D) in subsection (g)-(i) by striking 'operation of a launch vehicle or launch site,' in paragraph (1) and inserting in lieu
thereof 'reentry, operation of a launch vehicle or reentry vehicle, operation of a launch site or reentry
site,'; and
(ii) by inserting 'reentry,' after 'launch,' in paragraph (2); and
by adding at the end the following new sections:
'Sec. 70120. Regulations
'(a) IN GENERAL- The Secretary of Transportation, within 9 months after the date of the enactment
of this section, shall issue regulations to carry out this chapter that include-'(1) guidelines for industry and State governments to obtain sufficient insurance coverage for
potential damages to third parties;
261
'(2) procedures for requesting and obtaining licenses to launch a commercial launch vehicle;
'(3) procedures for requesting and obtaining operator licenses for launch;
'(4) procedures for requesting and obtaining launch site operator licenses; and
'(5) procedures for the application of government indemnification.
'(b) REENTRY- The Secretary of Transportation, within 6 months after the date of the enactment of
this section, shall issue a notice of proposed rulemaking to carry out this chapter that includes-'(1) procedures for requesting and obtaining licenses to reenter a reentry vehicle;
'(2) procedures for requesting and obtaining operator licenses for reentry; and
'(3) procedures for requesting and obtaining reentry site operator licenses.
'Sec. 70121. Report to Congress
'The Secretary of Transportation shall submit to Congress an annual report to accompany the
President's budget request that-'(1) describes all activities undertaken under this chapter, including a description of the process for
the application for and approval of licenses under this chapter and recommendations for legislation
that may further commercial launches and reentries; and
'(2) reviews the performance of the regulatory activities and the effectiveness of the Office of
Commercial Space Transportation.'.
(b)
AUTHORIZATION OF APPROPRIATIONS- Section 70119 of title 49, United States Code, is
amended to read as follows:
'Sec. 70119. Authorization of appropriations
'There are authorized to be appropriated to the Secretary of Transportation for the activities of the
Office of the Associate Administrator for Commercial Space Transportation-'(1) $6,275,000 for the fiscal year ending September 30, 1999; and
'(2) $6,600,000 for the fiscal year ending September 30, 2000.'.
(b)
EFFECTIVE DATE- The amendments made by subsection (a)(6)(B) shall take effect upon the
effective date of final regulations issued pursuant to section 70105(b)(2)(D) of title 49, United States
Code, as added by subsection (a)(6)(H).
SEC. 103. LAUNCH VOUCHER DEMONSTRATION PROGRAM.
Section 504 of the National Aeronautics and Space Administration Authorization Act, Fiscal Year 1993 (15
U.S.C. 5803) is amended-(1)
in subsection (a)-(A) by striking 'the Office of Commercial Programs within'; and
(B) by striking 'Such program shall not be effective after September 30, 1995.';
(2)
by striking subsection (c); and
(3)
by redesignating subsections (d) and (e) as subsections (c) and (d), respectively.
SEC. 104. PROMOTION OF UNITED STATES GLOBAL POSITIONING SYSTEM STANDARDS.
(a)
(b)
FINDING- The Congress finds that the Global Positioning System, including satellites, signal
equipment, ground stations, data links, and associated command and control facilities, has become an
essential element in civil, scientific, and military space development because of the emergence of a
United States commercial industry which provides Global Positioning System equipment and related
services.
INTERNATIONAL COOPERATION- In order to support and sustain the Global Positioning System
in a manner that will most effectively contribute to the national security, public safety, scientific, and
economic interests of the United States, the Congress encourages the President to-(1) ensure the operation of the Global Positioning System on a continuous worldwide basis free of
direct user fees;
(2) enter into international agreements that promote cooperation with foreign governments and
international organizations to--
262
(A) establish the Global Positioning System and its augmentations as an acceptable international
standard; and
(B) eliminate any foreign barriers to applications of the Global Positioning System worldwide; and
(3) provide clear direction and adequate resources to the Assistant Secretary of Commerce for
Communications and Information so that on an international basis the Assistant Secretary can-(A) achieve and sustain efficient management of the electromagnetic spectrum used by the Global
Positioning System; and
(B) protect that spectrum from disruption and interference.
SEC. 105. ACQUISITION OF SPACE SCIENCE DATA.
(a)
(b)
(c)
(d)
(e)
ACQUISITION FROM COMMERCIAL PROVIDERS- The Administrator shall, to the extent
possible and while satisfying the scientific or educational requirements of the National Aeronautics
and Space Administration, and where appropriate, of other Federal agencies and scientific
researchers, acquire, where cost effective, space science data from a commercial provider.
TREATMENT OF SPACE SCIENCE DATA AS COMMERCIAL ITEM UNDER ACQUISITION
LAWS- Acquisitions of space science data by the Administrator shall be carried out in accordance
with applicable acquisition laws and regulations (including chapters 137 and 140 of title 10, United
States Code). For purposes of such law and regulations, space science data shall be considered to be a
commercial item.
Nothing in this subsection shall be construed to preclude the United States from acquiring, through
contracts with commercial providers, sufficient rights in data to meet the needs of the scientific and
educational community or the needs of other government activities.
DEFINITION- For purposes of this section, the term 'space science data' includes scientific data
concerning-(1) the elemental and mineralogical resources of the moon, asteroids, planets and their moons, and
comets;
(2) microgravity acceleration; and
(3) solar storm monitoring.
SAFETY STANDARDS- Nothing in this section shall be construed to prohibit the Federal
Government from requiring compliance with applicable safety standards.
LIMITATION- This section does not authorize the National Aeronautics and Space Administration to
provide financial assistance for the development of commercial systems for the collection of space
science data.
SEC. 106. ADMINISTRATION OF COMMERCIAL SPACE CENTERS.
The Administrator shall administer the Commercial Space Center program in a coordinated manner from
National Aeronautics and Space Administration headquarters in Washington, D.C.
SEC. 107. SOURCES OF EARTH SCIENCE DATA.
(a)
(b)
ACQUISITION- The Administrator shall, to the extent possible and while satisfying the scientific or
educational requirements of the National Aeronautics and Space Administration, and where
appropriate, of other Federal agencies and scientific researchers, acquire, where cost-effective, spacebased and airborne Earth remote sensing data, services, distribution, and applications from a
commercial provider.
TREATMENT AS COMMERCIAL ITEM UNDER ACQUISITION LAWS- Acquisitions by the
Administrator of the data, services, distribution, and applications referred to in subsection (a) shall be
carried out in accordance with applicable acquisition laws and regulations (including chapters 137
and 140 of title 10, United States Code). For purposes of such law and regulations, such data,
services, distribution, and applications shall be considered to be a commercial item. Nothing in this
subsection shall be construed to preclude the United States from acquiring, through contracts with
commercial providers, sufficient rights in data to meet the needs of the scientific and educational
community or the needs of other government activities.
263
(c)
(d)
(e)
(f)
STUDY- (1) The Administrator shall conduct a study to determine the extent to which the baseline
scientific requirements of Earth Science can be met by commercial providers, and how the National
Aeronautics and Space Administration will meet such requirements which cannot be met by
commercial providers.
(2) The study conducted under this subsection shall-(A) make recommendations to promote the availability of information from the National Aeronautics
and Space Administration to commercial providers to enable commercial providers to better meet the
baseline scientific requirements of Earth Science;
(B) make recommendations to promote the dissemination to commercial providers of information on
advanced technology research and development performed by or for the National Aeronautics and
Space Administration; and
(C) identify policy, regulatory, and legislative barriers to the implementation of the recommendations
made under this subsection.
(3) The results of the study conducted under this subsection shall be transmitted to the Congress
within 6 months after the date of the enactment of this Act.
SAFETY STANDARDS- Nothing in this section shall be construed to prohibit the Federal
Government from requiring compliance with applicable safety standards.
ADMINISTRATION AND EXECUTION- This section shall be carried out as part of the
Commercial Remote Sensing Program at the Stennis Space Center.
REMOTE SENSING(1) APPLICATION CONTENTS- Section 201(b) of the Land Remote Sensing Policy Act of 1992
(15 U.S.C. 5621(b)) is amended-(A) by inserting '(1)' after 'NATIONAL SECURITY- '; and
(B) by adding at the end the following new paragraph:
'(2) The Secretary, within 6 months after the date of the enactment of the Commercial Space Act of
1998, shall publish in the Federal Register a complete and specific list of all information required to
comprise a complete application for a license under this title. An application shall be considered
complete when the applicant has provided all information required by the list most recently published
in the Federal Register before the date the application was first submitted. Unless the Secretary has,
within 30 days after receipt of an application, notified the applicant of information necessary to
complete an application, the Secretary may not deny the application on the basis of the absence of
any such information.'.
(2) NOTIFICATION OF AGREEMENTS- Section 202(b)(6) of the Land Remote Sensing Policy Act
of 1992 (15 U.S.C. 5622(b)(6)) is amended by inserting 'significant or substantial' after 'Secretary of
any'.
TITLE II--FEDERAL ACQUISITION OF SPACE TRANSPORTATION SERVICES
SEC. 201. REQUIREMENT TO PROCURE COMMERCIAL SPACE TRANSPORTATION
SERVICES.
(a)
(b)
IN GENERAL- Except as otherwise provided in this section, the Federal Government shall acquire
space transportation services from United States commercial providers whenever such services are
required in the course of its activities. To the maximum extent practicable, the Federal Government
shall plan missions to accommodate the space transportation services capabilities of United States
commercial providers.
EXCEPTIONS- The Federal Government shall not be required to acquire space transportation
services under subsection (a) if, on a case-by-case basis, the Administrator or, in the case of a
national security issue, the Secretary of the Air Force, determines that-(1) a payload requires the unique capabilities of the Space Shuttle;
(2) cost effective space transportation services that meet specific mission requirements would not be
reasonably available from United States commercial providers when required;
(3) the use of space transportation services from United States commercial providers poses an
unacceptable risk of loss of a unique scientific opportunity;
(4) the use of space transportation services from United States commercial providers is inconsistent
with national security objectives;
264
(c)
(5) the use of space transportation services from United States commercial providers is inconsistent
with international agreements for international collaborative efforts relating to science and
technology;
(6) it is more cost effective to transport a payload in conjunction with a test or demonstration of a
space transportation vehicle owned by the Federal Government; or
(7) a payload can make use of the available cargo space on a Space Shuttle mission as a secondary
payload, and such payload is consistent with the requirements of research, development,
demonstration, scientific, commercial, and educational programs authorized by the Administrator.
Nothing in this section shall prevent the Administrator from planning or negotiating agreements with
foreign entities for the launch of Federal Government payloads for international collaborative efforts
relating to science and technology.
DELAYED EFFECT- Subsection (a) shall not apply to space transportation services and space
transportation vehicles acquired or owned by the Federal Government before the date of the
enactment of this Act, or with respect to which a contract for such acquisition or ownership has been
entered into before such date.
(a) HISTORICAL PURPOSES- This section shall not be construed to prohibit the Federal
Government from acquiring, owning, or maintaining space transportation vehicles solely
for historical display purposes.
SEC. 202. ACQUISITION OF COMMERCIAL SPACE TRANSPORTATION SERVICES.
(a)
(b)
TREATMENT OF COMMERCIAL SPACE TRANSPORTATION SERVICES AS COMMERCIAL
ITEM UNDER ACQUISITION LAWSAcquisitions of space transportation services by the Federal Government shall be carried out in
accordance with applicable acquisition laws and regulations (including chapters 137 and 140 of title
10, United States Code). For purposes of such law and regulations, space transportation services shall
be considered to be a commercial item.
SAFETY STANDARDS- Nothing in this section shall be construed to prohibit the Federal
Government from requiring compliance with applicable safety standards.
SEC. 203. LAUNCH SERVICES PURCHASE ACT OF 1990 AMENDMENTS.
The Launch Services Purchase Act of 1990 (42 U.S.C. 2465b et seq.) is amended-(1)
by striking section 202;
(2)
in section 203-(A) by striking paragraphs (1) and (2); and
(B) by redesignating paragraphs (3) and (4) as paragraphs (1) and (2), respectively;
(3)
by striking sections 204 and 205; and
(4)
in section 206-(A) by striking '(a) COMMERCIAL PAYLOADS ON THE SPACE SHUTTLE- '; and
(B) by striking subsection (b).
SEC. 204. SHUTTLE PRIVATIZATION.
(a)
POLICY AND PREPARATION- The Administrator shall prepare for an orderly transition from the
Federal operation, or Federal management of contracted operation, of space transportation systems to
the Federal purchase of commercial space transportation services for all nonemergency space
transportation requirements for transportation to and from Earth orbit, including human, cargo, and
mixed payloads. In those preparations, the Administrator shall take into account the need for shortterm economies, as well as the goal of restoring the National Aeronautics and Space Administration's
research focus and its mandate to promote the fullest possible commercial use of space. As part of
those preparations, the Administrator shall plan for the potential privatization of the Space Shuttle
program. Such plan shall keep safety and cost effectiveness as high priorities. Nothing in this section
shall prohibit the National Aeronautics and Space Administration from studying, designing,
developing, or funding upgrades or modifications essential to the safe and economical operation of
the Space Shuttle fleet.
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(b)
(c)
FEASIBILITY STUDY- The Administrator shall conduct a study of the feasibility of implementing
the recommendation of the Independent Shuttle Management Review Team that the National
Aeronautics and Space Administration transition toward the privatization of the Space Shuttle. The
study shall identify, discuss, and, where possible, present options for resolving, the major policy and
legal issues that must be addressed before the Space Shuttle is privatized, including-(1) whether the Federal Government or the Space Shuttle contractor should own the Space Shuttle
orbiters and ground facilities;
(2) whether the Federal Government should indemnify the contractor for any third party liability
arising from Space Shuttle operations, and, if so, under what terms and conditions;
(3) whether payloads other than National Aeronautics and Space Administration payloads should be
allowed to be launched on the Space Shuttle, how missions will be prioritized, and who will decide
which mission flies and when;
(4) whether commercial payloads should be allowed to be launched on the Space Shuttle and whether
any classes of payloads should be made ineligible for launch consideration;
(5) whether National Aeronautics and Space Administration and other Federal Government payloads
should have priority over non-Federal payloads in the Space Shuttle launch assignments, and what
policies should be developed to prioritize among payloads generally;
(6) whether the public interest requires that certain Space Shuttle functions continue to be performed
by the Federal Government; and
(7) how much cost savings, if any, will be generated by privatization of the Space Shuttle.
REPORT TO CONGRESS- Within 60 days after the date of the enactment of this Act, the National
Aeronautics and Space Administration shall complete the study required under subsection (b) and
shall submit a report on the study to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Science of the House of Representatives.
SEC. 205. USE OF EXCESS INTERCONTINENTAL BALLISTIC MISSILES.
(a)
(b)
(c)
IN GENERAL- The Federal Government shall not-(1) convert any missile described in subsection (c) to a space transportation vehicle configuration; or
(2) transfer ownership of any such missile to another person, except as provided in subsection (b).
AUTHORIZED FEDERAL USES- (1) A missile described in subsection (c) may be converted for
use as a space transportation vehicle by the Federal Government if, except as provided in paragraph
(2) and at least 30 days before such conversion, the agency seeking to use the missile as a space
transportation vehicle transmits to the Committee on National Security and the Committee on Science
of the House of Representatives, and to the Committee on Armed Services and the Committee on
Commerce, Science, and Transportation of the Senate, a certification that the use of such missile-(A) would result in cost savings to the Federal Government when compared to the cost of acquiring
space transportation services from United States commercial providers;
(B) meets all mission requirements of the agency, including performance, schedule, and risk
requirements;
(C) is consistent with international obligations of the United States; and
(D) is approved by the Secretary of Defense or his designee.
(2) The requirement under paragraph (1) that the certification described in that paragraph must be
transmitted at least 30 days before conversion of the missile shall not apply if the Secretary of
Defense determines that compliance with that requirement would be inconsistent with meeting
immediate national security requirements.
MISSILES REFERRED TO- The missiles referred to in this section are missiles owned by the United
States that-(1) were formerly used by the Department of Defense for national defense purposes as
intercontinental ballistic missiles; and
(2) have been declared excess to United States national defense needs and are in compliance with
international obligations of the United States.
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SEC. 206. NATIONAL LAUNCH CAPABILITY STUDY.
(a)
(b)
(c)
(d)
FINDINGS- Congress finds that a robust satellite and launch industry in the United States serves the
interest of the United States by-(1) contributing to the economy of the United States;
(2) strengthening employment, technological, and scientific interests of the United States; and
(3) serving the foreign policy and national security interests of the United States.
DEFINITIONS- In this section:
(1) SECRETARY- The term 'Secretary' means the Secretary of Defense.
(2) TOTAL POTENTIAL NATIONAL MISSION MODEL- The term 'total potential national
mission model' means a model that-(A) is determined by the Secretary, in consultation with the Administrator, to assess the total potential
space missions to be conducted in the United States during a specified period of time; and
(B) includes all launches in the United States (including launches conducted on or off a Federal
range).
REPORT(1) IN GENERAL- Not later than 180 days after the date of enactment of this Act, the Secretary shall,
in consultation with the Administrator and appropriate representatives of the satellite and launch
industry and the governments of States and political subdivisions thereof-(A) prepare a report that meets the requirements of this subsection; and
(B) submit that report to the Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Science of the House of Representatives.
(2) REQUIREMENTS FOR REPORT- The report prepared under this subsection shall-(A) identify the total potential national mission model for the period beginning on the date of the
report and ending on December 31, 2007;
(B) identify the resources that are necessary or available to carry out the total potential national
mission model described in subparagraph (A), including-(i) launch property and services of the Department of Defense, the National Aeronautics and Space
Administration, and non-Federal facilities; and
(ii) the ability to support commercial launch-on-demand on short notification, taking into account
Federal requirements, at launch sites or test ranges in the United States;
(C) identify each deficiency in the resources referred to in subparagraph (B);
and
(D) with respect to the deficiencies identified under subparagraph (C), include estimates of the level
of funding necessary to address those deficiencies for the period described in subparagraph (A).
RECOMMENDATIONS- Based on the reports under subsection (c), the Secretary, after consultation
with the Secretary of Transportation, the Secretary of Commerce, and representatives from interested
private sector entities, States, and local governments, shall-(1) identify opportunities for investment by non-Federal entities (including States and political
subdivisions thereof and private sector entities) to assist the Federal Government in providing launch
capabilities for the commercial space industry in the United States;
(2) identify one or more methods by which, if sufficient resources referred to in subsection (c)(2)(D)
are not available to the Department of Defense and the National Aeronautics and Space
Administration, the control of the launch property and launch services of the Department of Defense
and the National Aeronautics and Space Administration may be transferred from the Department of
Defense and the National Aeronautics and Space Administration to-(A) one or more other Federal agencies;
(B) one or more States (or subdivisions thereof);
(C) one or more private sector entities; or
(D) any combination of the entities described in subparagraphs (A) through (C); and
(3) identify the technical, structural, and legal impediments associated with making launch sites or
test ranges in the United States viable and competitive.
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COMMERCIAL SPACE COMPETITIVENESS
15 USC Chapter 8
[…]
Sec. 5801. Findings
The Congress finds that (1)
commercial activities of the private sector have substantially contributed to the strength of both the
United States space program and the national economy;
(2)
a robust United States space transportation capability remains a vital cornerstone of the United States
space program;
(3)
the availability of commercial launch services is essential for the continued growth of the United
States commercial space sector;
(4)
a timely extension of the excess third party claims payment provisions of chapter 701 of title 49 is
appropriate and necessary to enable the private sector to continue covering maximum probable
liability risks while protecting the private sector from uninsurable levels of liability which could
hinder international competitiveness;
(5)
a program to demonstrate how recipients of Federal grants can purchase launch services directly from
the private sector has the potential to improve the capabilities of the United States commercial launch
industry;
(6)
improvements and additions to the Nation's space transportation infrastructure contribute to a robust
and cost effective space transportation capability for both public sector and private sector users;
(7)
private sector use of available Government facilities on a reimbursable basis contributes to a stronger
commercial space sector;
(8)
the Federal Government should purchase space goods and services which are commercially available,
or could be made available commercially in response to a Government procurement request,
whenever such goods or services meet Government mission requirements in a cost effective manner;
(9)
it is appropriate for the Government to act as an anchor tenant for commercial space development
projects which have a reasonable potential to develop non-Federal markets and which meet Federal
needs in a cost effective manner; and
(10) the provision of compensation to commercial providers of space goods and services for termination
of contracts at the convenience of the Government assists in enabling the private sector to invest in
space activities which are initially dependent on Government purchases.
Sec. 5802. Definitions
For the purpose of this chapter (1)
the term "agency" means an executive agency as defined by section 105 of title 5;
(2)
the term "anchor tenancy" means an arrangement in which the United States Government agrees to
procure sufficient quantities of a commercial space product or service needed to meet Government
mission requirements so that a commercial venture is made viable;
(3)
the term "commercial" means having (A) private capital at risk, and
(B) primary financial and management responsibility for the activity reside with the private sector;
(4)
the term "cost effective" means costing no more than the available alternatives, determined by a
comparison of all related direct and indirect costs including, in the case of Government costs,
applicable Government labor and overhead costs as well as contractor charges, and taking into
account the ability of each alternative to accommodate mission requirements as well as the related
factors of risk, reliability, schedule, and technical performance;
(5)
the term "launch" means to place, or attempt to place, a launch vehicle and its payload, if any, in a
suborbital trajectory, in Earth orbit in outer space, or otherwise in outer space;
(6)
the term "launch services" means activities involved in the preparation of a launch vehicle and its
payload for launch and the conduct of a launch;
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(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
the term "launch support facilities" means facilities located at launch sites or launch ranges that are
required to support launch activities, including launch vehicle assembly, launch vehicle operations
and control, communications, flight safety functions, and payload operations, control, and processing.
the term "launch vehicle" means any vehicle constructed for the purpose of operating in or placing a
payload in, outer space or in suborbital trajectories, and includes components of that vehicle;
the term "payload" means an object which a person undertakes to launch, and includes
subcomponents of the launch vehicle specifically designed or adapted for that object;
the term "payload integration services" means activities involved in integrating multiple payloads
into a single payload for launch or integrating a payload with a launch vehicle;
the term "space recovery support facilities" means facilities required to support activities related to
the recovery of payloads returned from space to a space recovery site, including operations and
control, communications, flight safety functions, and payload processing;
the term "space transportation infrastructure" means facilities, associated equipment, and real
property, including launch sites, launch support facilities, space recovery sites, and space recovery
support facilities, required to perform launch or space recovery activities;
the term "State" means the several States, the District of Columbia, Puerto Rico, American Samoa,
the United States Virgin Islands, Guam, the Northern Mariana Islands, and any other commonwealth,
territory, or possession of the United States; and
the term "United States" means the States, collectively.
Sec. 5803. Launch voucher demonstration program
(a)
(b)
(c)
(d)
Commercial space voucher demonstration program; effective period
The Administrator shall establish a demonstration program to award vouchers for the payment of
commercial launch services and payload integration services for the purpose of launching payloads
funded by the National Aeronautics and Space Administration to become effective October 1, 1993.
Award of vouchers
The Administrator shall award vouchers under subsection (a) of this section to appropriate individuals
as a part of grants administered by the National Aeronautics and Space Administration for the launch
of (1) payloads to be placed in suborbital trajectories; and
(2) small payloads to be placed in orbit.
Assistance
The Administrator may provide voucher award recipients with such assistance, including contract
formulation and technical support during the proposal evaluation, as may be necessary, to ensure the
purchase of cost effective and reasonably reliable commercial launch services and payload integration
services.
Report
The Administrator shall conduct an ongoing review of the program established under this section, and
shall, not later than January 31, 1995, report to Congress the results of such a review, together with
recommendations for further action relating to the program.
Sec. 5804. Repealed. Pub. L. 103-272, Sec. 7(b), July 5, 1994, 108 Stat. 1379
Sec. 5805. Identification of launch support facilities
(a)
(b)
Identification
The Administrator and the Secretary of Defense, as appropriate, in coordination with the Secretary of
Transportation, shall conduct an inventory and identify all launch support facilities owned by the
United States Government. To the extent practicable, the Administrator and the Secretary of Defense
shall also identify any launch support facilities which could be made available for use by non-Federal
entities on a reimbursable basis without interfering with Federal activities.
Report to Congress
Not later than 1 year after November 4, 1992, the Administrator and the Secretary of Defense each
shall submit to Congress a report containing the results of the identification required under subsection
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(a) of this section. Portions of such report may be classified and protected from public disclosure if
such classification is necessary to protect national security.
Sec. 5806. Anchor tenancy and termination liability
(a)
(b)
(c)
Anchor tenancy contracts
Subject to appropriations, the Administrator or the Administrator of the National Oceanic and
Atmospheric Administration may enter into multiyear anchor tenancy contracts for the purchase of a
good or service if the appropriate Administrator determines that (1) the good or service meets the mission requirements of the National Aeronautics and Space
Administration or the National Oceanic and Atmospheric Administration, as appropriate;
(2) the commercially procured good or service is cost effective;
(3) the good or service is procured through a competitive process;
(4) existing or potential customers for the good or service other than the United States Government
have been specifically identified;
(5) the long-term viability of the venture is not dependent upon a continued Government market or
other nonreimbursable Government support; and
(6) private capital is at risk in the venture.
Termination liability
(1) Contracts entered into under subsection (a) of this section may provide for the payment of
termination liability in the event that the Government terminates such contracts for its convenience.
(2) Contracts that provide for the payment of termination liability, as described in paragraph (1), shall
include a fixed schedule of such termination liability payments. Liability under such contracts shall
not exceed the total payments which the Government would have made after the date of termination
to purchase the good or service if the contract were not terminated.
(3) Subject to appropriations, funds available for such termination liability payments may be used for
purchase of the good or service upon successful delivery of the good or service pursuant to the
contract. In such case, sufficient funds shall remain available to cover any remaining termination
liability.
Limitations
(1) Contracts entered into under this section shall not exceed 10 years in duration.
(2) Such contracts shall provide for delivery of the good or service on a firm, fixed price basis.
(3) To the extent practicable, reasonable performance specifications shall be used to define technical
requirements in such contracts.
(4) In any such contract, the appropriate Administrator shall reserve the right to completely or
partially terminate the contract without payment of such termination liability because of the
contractor's actual or anticipated failure to perform its contractual obligations.
Sec. 5807. Use of Government facilities
(a)
(b)
Authority
Federal agencies, including the National Aeronautics and Space Administration and the Department
of Defense, may allow non-Federal entities to use their space-related facilities on a reimbursable basis
if the Administrator, the Secretary of Defense, or the appropriate agency head determines that (1) the facilities will be used to support commercial space activities;
(2) such use can be supported by existing or planned Federal resources;
(3) such use is compatible with Federal activities;
(4) equivalent commercial services are not available on reasonable terms; and
(5) such use is consistent with public safety, national security, and international treaty obligations. In
carrying out paragraph (5), each agency head shall consult with appropriate Federal officials.
Reimbursement payment
(1) The reimbursement referred to in subsection (a) of this section may be an amount equal to the
direct costs (including salaries of United States civilian and contractor personnel) incurred by the
United States as a result of the use of such facilities by the private sector. For the purposes of this
paragraph, the term ''direct costs'' means the actual costs that can be unambiguously associated with
such use, and would not be borne by the United States Government in the absence of such use.
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(2) The amount of any payment received by the United States for use of facilities under this
subsection shall be credited to the appropriation from which the cost of providing such facilities was
paid.
Sec. 5808. Commercial Space Achievement Award
(a)
(b)
(c)
(d)
Establishment
There is established a Commercial Space Achievement Award. The award shall consist of a medal,
which shall be of such design and materials and bear such inscriptions as determined by the Secretary
of Commerce. A cash prize may also be awarded if funding for the prize is available under subsection
(d) of this section.
Criteria for award
The Secretary of Commerce shall periodically make, and the Chairman of the National Space Council
shall present, awards under this section to individuals, corporations, corporate divisions, or corporate
subsidiaries substantially engaged in commercial space activities who in the opinion of the Secretary
of Commerce best meet the following criteria:
(1) For corporate entities, at least one-half of the revenues from the space-related activities of the
corporation, division, or subsidiary is derived from sources other than the United States Government.
(2) The activities and achievements of the individual, corporation, division, or subsidiary have
substantially contributed to the United States gross national product and the stature of United States
industry in international markets, with due consideration for both the economic magnitude and the
technical quality of the activities and achievements.
(3) The individual, corporation, division, or subsidiary has substantially advanced space technology
and space applications directly related to commercial space activities.
Limitations
No individual or corporate entity may receive an award under this section more than once every 5
years.
Funding for award
The Secretary of Commerce may seek and accept gifts of money from public and private sources for
the purpose of making cash prize awards under this section. Such money may be used only for that
purpose, only such money may be used for that purpose, and the Secretary of Commerce shall make
publicly available an itemized list of the sources of such funding.
LAND REMOTE SENSING POLICY
15 USC Chapter 82
[…]
Sec. 5601. Findings
The Congress finds and declares the following:
(1)
The continuous collection and utilization of land remote sensing data from space are of major benefit
in studying and understanding human impacts on the global environment, in managing the Earth's
natural resources, in carrying out national security functions, and in planning and conducting many
other activities of scientific, economic, and social importance.
(2)
The Federal Government's Landsat system established the United States as the world leader in land
remote sensing technology.
(3)
The national interest of the United States lies in maintaining international leadership in satellite land
remote sensing and in broadly promoting the beneficial use of remote sensing data.
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(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
The cost of Landsat data has impeded the use of such data for scientific purposes, such as for global
environmental change research, as well as for other public sector applications.
Given the importance of the Landsat program to the United States, urgent actions, including
expedited procurement procedures, are required to ensure data continuity.
Full commercialization of the Landsat program cannot be achieved within the foreseeable future, and
thus should not serve as the near-term goal of national policy on land remote sensing; however,
commercialization of land remote sensing should remain a long-term goal of United States policy.
Despite the success and importance of the Landsat system, funding and organizational uncertainties
over the past several years have placed its future in doubt and have jeopardized United States
leadership in land remote sensing.
Recognizing the importance of the Landsat program in helping to meet national and commercial
objectives, the President approved, on February 11, 1992, a National Space Policy Directive which
was developed by the National Space Council and commits the United States to ensuring the
continuity of Landsat coverage into the 21st century.
Because Landsat data are particularly important for national security purposes and global
environmental change research, management responsibilities for the program should be transferred
from the Department of Commerce to an integrated program management involving the Department
of Defense and the National Aeronautics and Space Administration.
Regardless of management responsibilities for the Landsat program, the Nation's broad civilian,
national security, commercial, and foreign policy interests in remote sensing will best be served by
ensuring that Landsat remains an unclassified program that operates according to the principles of
open skies and nondiscriminatory access.
Technological advances aimed at reducing the size and weight of satellite systems hold the potential
for dramatic reductions in the cost, and substantial improvements in the capabilities, of future land
remote sensing systems, but such technological advances have not been demonstrated for land remote
sensing and therefore cannot be relied upon as the sole means of achieving data continuity for the
Landsat program.
A technology demonstration program involving advanced remote sensing technologies could serve a
vital role in determining the design of a follow-on spacecraft to Landsat 7, while also helping to
determine whether such a spacecraft should be funded by the United States Government, by the
private sector, or by an international consortium.
To maximize the value of the Landsat program to the American public, unenhanced Landsat 4
through 6 data should be made available, at a minimum, to United States Government agencies, to
global environmental change researchers, and to other researchers who are financially supported by
the United States Government, at the cost of fulfilling user requests, and unenhanced Landsat 7 data
should be made available to all users at the cost of fulfilling user requests.
To stimulate development of the commercial market for unenhanced data and value-added services,
the United States Government should adopt a data policy for Landsat 7 which allows competition
within the private sector for distribution of unenhanced data and value-added services.
Development of the remote sensing market and the provision of commercial value-added services
based on remote sensing data should remain exclusively the function of the private sector.
It is in the best interest of the United States to maintain a permanent, comprehensive Government
archive of global Landsat and other land remote sensing data for long-term monitoring and study of
the changing global environment.
Sec. 5602. Definitions
In this chapter, the following definitions apply:
(1)
The term ''Administrator'' means the Administrator of the National Aeronautics and Space
Administration.
(2)
The term ''cost of fulfilling user requests'' means the incremental costs associated with providing
product generation, reproduction, and distribution of unenhanced data in response to user requests
and shall not include any acquisition, amortization, or depreciation of capital assets originally paid for
by the United States Government or other costs not specifically attributable to fulfilling user requests.
(3)
The term ''data continuity'' means the continued acquisition and availability of unenhanced data
which are, from the point of view of the user -
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(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(A) sufficiently consistent (in terms of acquisition geometry, coverage characteristics, and spectral
characteristics) with previous Landsat data to allow comparisons for global and regional change
detection and characterization; and
(B) compatible with such data and with methods used to receive and process such data.
The term ''data preprocessing'' may include (A) rectification of system and sensor distortions in land remote sensing data as it is received directly
from the satellite in preparation for delivery to a user;
(B) registration of such data with respect to features of the Earth; and
(C) calibration of spectral response with respect to such data, but does not include conclusions,
manipulations, or calculations derived from such data, or a combination of such data with other data.
The term ''land remote sensing'' means the collection of data which can be processed into imagery
of surface features of the Earth from an unclassified satellite or satellites, other than an operational
United States Government weather satellite.
The term ''Landsat Program Management'' means the integrated program management structure (A) established by, and responsible to, the Administrator and the Secretary of Defense pursuant to
section 5611(a) of this title; and
(B) consisting of appropriate officers and employees of the National Aeronautics and Space
Administration, the Department of Defense, and any other United States Government agencies the
President designates as responsible for the Landsat program.
The term ''Landsat system'' means Landsats 1, 2, 3, 4, 5, and 6, and any follow-on land remote
sensing system operated and owned by the United States Government, along with any related ground
equipment, systems, and facilities owned by the United States Government.
The term ''Landsat 6 contractor'' means the private sector entity which was awarded the contract
for spacecraft construction, operations, and data marketing rights for the Landsat 6 spacecraft.
The term ''Landsat 7'' means the follow-on satellite to Landsat 6.
The term ''National Satellite Land Remote Sensing Data Archive'' means the archive established by
the Secretary of the Interior pursuant to the archival responsibilities defined in section 5652 of this
title.
The term ''non-commercial purposes'' refers to those activities undertaken by individuals or entities
on the condition, upon receipt of unenhanced data, that (A) such data shall not be used in connection with any bid for a commercial contract, development of
a commercial product, or any other non-United States Government activity that is expected, or has the
potential, to be profitmaking;
(B) the results of such activities are disclosed in a timely and complete fashion in the open technical
literature or other method of public release, except when such disclosure by the United States
Government or its contractors would adversely affect the national security or foreign policy of the
United States or violate a provision of law or regulation; and
(C) such data shall not be distributed in competition with unenhanced data provided by the Landsat 6
contractor.
The term ''Secretary'' means the Secretary of Commerce.
The term ''unenhanced data'' means land remote sensing signals or imagery products that are
unprocessed or subject only to data preprocessing.
The term ''United States Government and its affiliated users'' means (A) United States Government agencies;
(B) researchers involved with the United States Global Change Research Program and its
international counterpart programs; and
(C) other researchers and international entities that have signed with the United States Government a
cooperative agreement involving the use of Landsat data for non-commercial purposes.
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Sec. 5611. Landsat Program Management
(a)
(b)
(c)
(d)
(e)
Establishment
The Administrator and the Secretary of Defense shall be responsible for management of the Landsat
program. Such responsibility shall be carried out by establishing an integrated program management
structure for the Landsat system.
Management plan
The Administrator, the Secretary of Defense, and any other United States Government official the
President designates as responsible for part of the Landsat program, shall establish, through a
management plan, the roles, responsibilities, and funding expectations for the Landsat Program [1] of
the appropriate United States Government agencies. The management plan shall (1) specify that the fundamental goal of the Landsat Program Management is the continuity of
unenhanced Landsat data through the acquisition and operation of a Landsat 7 satellite as quickly as
practicable which is, at a minimum, functionally equivalent to the Landsat 6 satellite, with the
addition of a tracking and data relay satellite communications capability;
(2) include a baseline funding profile that (A) is mutually acceptable to the National Aeronautics and Space Administration and the Department
of Defense for the period covering the development and operation of Landsat 7; and
(B) provides for total funding responsibility of the National Aeronautics and Space Administration
and the Department of Defense, respectively, to be approximately equal to the funding responsibility
of the other as spread across the development and operational life of Landsat 7;
(3) specify that any improvements over the Landsat 6 functional equivalent capability for Landsat 7
will be funded by a specific sponsoring agency or agencies, in a manner agreed to by the Landsat
Program Management, if the required funding exceeds the baseline funding profile required by
paragraph (2), and that additional improvements will be sought only if the improvements will not
jeopardize data continuity; and
(4) provide for a technology demonstration program whose objective shall be the demonstration of
advanced land remote sensing technologies that may potentially yield a system which is less
expensive to build and operate, and more responsive to data users, than is the current Landsat system.
Responsibilities
The Landsat Program Management shall be responsible for (1) Landsat 7 procurement, launch, and operations;
(2) ensuring that the operation of the Landsat system is responsive to the broad interests of the
civilian, national security, commercial, and foreign users of the Landsat system;
(3) ensuring that all unenhanced Landsat data remain unclassified and that, except as provided in
section 5656(a) and (b) of this title, no restrictions are placed on the availability of unenhanced data;
(4) ensuring that land remote sensing data of high priority locations will be acquired by the Landsat 7
system as required to meet the needs of the United States Global Change Research Program, as
established in the Global Change Research Act of 1990 (15 U.S.C. 2921 et seq.), and to meet the
needs of national security users;
(5) Landsat data responsibilities pursuant to this chapter;
(6) oversight of Landsat contracts entered into under sections 5612 and 5613 of this title;
(7) coordination of a technology demonstration program, pursuant to section 5633 of this title; and
(8) ensuring that copies of data acquired by the Landsat system are provided to the National Satellite
Land Remote Sensing Data Archive.
Authority to contract
The Landsat Program Management may, subject to appropriations and only under the existing
contract authority of the United States Government agencies that compose the Landsat Program
Management, enter into contracts with the private sector for services such as, but not limited to,
satellite operations and data preprocessing.
Landsat advisory process
(1) Establishment
The Landsat Program Management shall seek impartial advice and comments regarding the status,
effectiveness, and operation of the Landsat system, using existing advisory committees and other
appropriate mechanisms. Such advice shall be sought from individuals who represent -
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(A) a broad range of perspectives on basic and applied science and operational needs with respect to
land remote sensing data;
(B) the full spectrum of users of Landsat data, including representatives from United States
Government agencies, State and local government agencies, academic institutions, nonprofit
organizations, value-added companies, the agricultural, mineral extraction, and other user industries,
and the public, and
(C) a broad diversity of age groups, sexes, and races.
(2) Reports
Within 1 year after October 28, 1992, and biennially thereafter, the Landsat Program Management
shall prepare and submit a report to the Congress which (A) reports the public comments received pursuant to paragraph (1); and
(B) includes (i) a response to the public comments received pursuant to paragraph (1);
(ii) information on the volume of use, by category, of data from the Landsat system; and
(iii) any recommendations for policy or programmatic changes to improve the utility and operation of
the Landsat system.
Sec. 5612. Procurement of Landsat 7
(a)
(b)
(c)
(d)
Contract negotiations
The Landsat Program Management shall, subject to appropriations and only under the existing
contract authority of the United States Government agencies that compose the Landsat Program
Management, expeditiously contract with a United States private sector entity for the development
and delivery of Landsat 7.
Development and delivery consideration
In negotiating a contract under this section for the development and delivery of Landsat 7, the
Landsat Program Management shall (1) seek, as a fundamental objective, to have Landsat 7 operational by the expected end of the design
life of Landsat 6;
(2) seek to ensure data continuity by the development and delivery of a satellite which is, at a
minimum, functionally equivalent to the Landsat 6 satellite; and
(3) seek to incorporate in Landsat 7 any performance improvements required to meet United States
Government needs that would not jeopardize data continuity.
Notification of cost and schedule changes
The Landsat Program Management shall promptly notify the Congress of any significant deviations
from the expected cost, delivery date, and launch date of Landsat 7, that are specified by the Landsat
Program Management upon award of the contract under this section.
United States private sector entities
The Landsat Program Management shall, for purposes of this chapter, define the term ''United States
private sector entities'', taking into account the location of operations, assets, personnel, and other
such factors.
Sec. 5613. Data policy for Landsat 4 through 6
(a)
Contract negotiations
Within 30 days after October 28, 1992, the Landsat Program Management shall enter into
negotiations with the Landsat 6 contractor to formalize an arrangement with respect to pricing,
distribution, acquisition, archiving, and availability of unenhanced data for which the Landsat 6
contractor has responsibility under its contract. Such arrangement shall provide for a phased
transition to a data policy consistent with the Landsat 7 data policy (developed pursuant to section
5615 of this title) by the date of initial operation of Landsat 7. Conditions of the phased arrangement
should require that the Landsat 6 contractor adopt provisions so that by the final phase of the
transition period (1) such unenhanced data shall be provided, at a minimum, to the United States Government and its
affiliated users at the cost of fulfilling user requests, on the condition that such unenhanced data are
used solely for noncommercial purposes;
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(b)
(2) instructional data sets, selected from the Landsat data archives, will be made available to
educational institutions exclusively for noncommercial, educational purposes at the cost of fulfilling
user requests;
(3) Landsat data users are able to acquire unenhanced data contained in the collective archives of
foreign ground stations as easily and affordably as practicable;
(4) adequate data necessary to meet the needs of global environmental change researchers and
national security users are acquired;
(5) the United States Government and its affiliated users shall not be prohibited from reproduction or
dissemination of unenhanced data to other agencies of the United States Government and other
affiliated users, on the condition that such unenhanced data are used solely for noncommercial
purposes;
(6) nonprofit, public interest entities receive vouchers, data grants, or other such means of providing
them with unenhanced data at the cost of fulfilling user requests, on the condition that such
unenhanced data are used solely for noncommercial purposes. [1]
(7) a viable role for the private sector in the promotion and development of the commercial market
for value added and other services using unenhanced data from the Landsat system is preserved; and
(8) unenhanced data from the Landsat system are provided to the National Satellite Land Remote
Sensing Data Archive at no more than the cost of fulfilling user requests.
Failure to reach agreement
If negotiations under subsection (a) of this section have not, by September 30, 1993, resulted in an
agreement that the Landsat Program Management determines generally achieves the goals stated in
subsection (b)(1) through (8) of this section, the Administrator and the Secretary of Defense shall,
within 30 days after the date of such determination, jointly certify and report such determination to
the Congress. The report shall include a review of options and projected costs for achieving such
goals, and shall include recommendations for achieving such goals. The options reviewed shall
include (1) retaining the existing or modified contract with the Landsat 6 contractor;
(2) the termination of existing contracts for the exclusive right to market unenhanced Landsat data;
and
(3) the establishment of an alternative private sector mechanism for the marketing and commercial
distribution of such data.
Sec. 5614. Transfer of Landsat 6 program responsibilities
The responsibilities of the Secretary with respect to Landsat 6 shall be transferred to the Landsat Program
Management, as agreed to between the Secretary and the Landsat Program Management, pursuant to section
5611 of this title.
Sec. 5615. Data policy for Landsat 7
(a)
(b)
Landsat 7 data policy
The Landsat Program Management, in consultation with other appropriate United States Government
agencies, shall develop a data policy for Landsat 7 which should (1) ensure that unenhanced data are available to all users at the cost of fulfilling user requests;
(2) ensure timely and dependable delivery of unenhanced data to the full spectrum of civilian,
national security, commercial, and foreign users and the National Satellite Land Remote Sensing Data
Archive;
(3) ensure that the United States retains ownership of all unenhanced data generated by Landsat 7;
(4) support the development of the commercial market for remote sensing data;
(5) ensure that the provision of commercial value-added services based on remote sensing data
remains exclusively the function of the private sector; and
(6) to the extent possible, ensure that the data distribution system for Landsat 7 is compatible with the
Earth Observing System Data and Information System.
Additional data policy considerations
In addition, the data policy for Landsat 7 may provide for -
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(c)
(d)
(1) United States private sector entities to operate ground receiving stations in the United States for
Landsat 7 data;
(2) other means for direct access by private sector entities to unenhanced data from Landsat 7; and
(3) the United States Government to charge a per image fee, license fee, or other such fee to entities
operating ground receiving stations or distributing Landsat 7 data.
Landsat 7 Data Policy Plan
Not later than July 15, 1994, the Landsat Program Management shall develop and submit to Congress
a report that contains a Landsat 7 Data Policy Plan. This plan shall define the roles and
responsibilities of the various public and private sector entities that would be involved in the
acquisition, processing, distribution, and archiving of Landsat 7 data and in operations of the Landsat
7 spacecraft.
Reports
Not later than 12 months after submission of the Landsat 7 Data Policy Plan, required by subsection
(c) of this section, and annually thereafter until the launch of Landsat 7, the Landsat Program
Management, in consultation with representatives of appropriate United States Government agencies,
shall prepare and submit a report to the Congress which (1) provides justification for the Landsat 7 data policy in terms of the civilian, national security,
commercial, and foreign policy needs of the United States; and
(2) provides justification for any elements of the Landsat 7 data policy which are not consistent with
the provisions of subsection (a) of this section.
Sec. 5621. General licensing authority
(a)
(b)
(c)
(d)
(e)
Licensing authority of Secretary
(1) In consultation with other appropriate United States Government agencies, the Secretary is
authorized to license private sector parties to operate private remote sensing space systems for such
period as the Secretary may specify and in accordance with the provisions of this subchapter.
(2) In the case of a private space system that is used for remote sensing and other purposes, the
authority of the Secretary under this subchapter shall be limited only to the remote sensing operations
of such space system.
Compliance with law, regulations, international obligations, and national security
(1) No license shall be granted by the Secretary unless the Secretary determines in writing that the
applicant will comply with the requirements of this chapter, any regulations issued pursuant to this
chapter, and any applicable international obligations and national security concerns of the United
States.
(2) The Secretary, within 6 months after October 28, 1998, shall publish in the Federal Register a
complete and specific list of all information required to comprise a complete application for a license
under this subchapter. An application shall be considered complete when the applicant has provided
all information required by the list most recently published in the Federal Register before the date the
application was first submitted. Unless the Secretary has, within 30 days after receipt of an
application, notified the applicant of information necessary to complete an application, the Secretary
may not deny the application on the basis of the absence of any such information.
Deadline for action on application
The Secretary shall review any application and make a determination thereon within 120 days of the
receipt of such application. If final action has not occurred within such time, the Secretary shall
inform the applicant of any pending issues and of actions required to resolve them.
Improper basis for denial
The Secretary shall not deny such license in order to protect any existing licensee from competition.
Requirement to provide unenhanced data
(1) The Secretary, in consultation with other appropriate United States Government agencies and
pursuant to paragraph (2), shall designate in a license issued pursuant to this subchapter any
unenhanced data required to be provided by the licensee under section 5622(b)(3) of this title.
(2) The Secretary shall make a designation under paragraph (1) after determining that (A) such data are generated by a system for which all or a substantial part of the development,
fabrication, launch, or operations costs have been or will be directly funded by the United States
Government; or
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(B) it is in the interest of the United States to require such data to be provided by the licensee
consistent with section 5622(b)(3) of this title, after considering the impact on the licensee and the
importance of promoting widespread access to remote sensing data from United States and foreign
systems.
(3) A designation made by the Secretary under paragraph (1) shall not be inconsistent with any
contract or other arrangement entered into between a United States Government agency and the
licensee.
Sec. 5622. Conditions for operation
(a)
(b)
(c)
License required for operation
No person who is subject to the jurisdiction or control of the United States may, directly or through
any subsidiary or affiliate, operate any private remote sensing space system without a license
pursuant to section 5621 of this title.
Licensing requirements
Any license issued pursuant to this subchapter shall specify that the licensee shall comply with all of
the requirements of this chapter and shall (1) operate the system in such manner as to preserve the national security of the United States and to
observe the international obligations of the United States in accordance with section 5656 of this title;
(2) make available to the government of any country (including the United States) unenhanced data
collected by the system concerning the territory under the jurisdiction of such government as soon as
such data are available and on reasonable terms and conditions;
(3) make unenhanced data designated by the Secretary in the license pursuant to section 5621(e) of
this title available in accordance with section 5651 of this title;
(4) upon termination of operations under the license, make disposition of any satellites in space in a
manner satisfactory to the President;
(5) furnish the Secretary with complete orbit and data collection characteristics of the system, and
inform the Secretary immediately of any deviation; and
(6) notify the Secretary of any significant or substantial agreement the licensee intends to enter with a
foreign nation, entity, or consortium involving foreign nations or entities.
Additional licensing requirements for Landsat 6 contractor
In addition to the requirements of paragraph [2] (b), any license issued pursuant to this subchapter to
the Landsat 6 contractor shall specify that the Landsat 6 contractor shall (1) notify the Secretary of any value added activities (as defined by the Secretary by regulation) that
will be conducted by the Landsat 6 contractor or by a subsidiary or affiliate; and
(2) if such activities are to be conducted, provide the Secretary with a plan for compliance with
section 5651 of this title.
Sec. 5623. Administrative authority of Secretary
(a)
Functions
In order to carry out the responsibilities specified in this subchapter, the Secretary may (1) grant, condition, or transfer licenses under this chapter;
(2) seek an order of injunction or similar judicial determination from a United States District Court
with personal jurisdiction over the licensee to terminate, modify, or suspend licenses under this
subchapter and to terminate licensed operations on an immediate basis, if the Secretary determines
that the licensee has substantially failed to comply with any provisions of this chapter, with any
terms, conditions, or restrictions of such license, or with any international obligations or national
security concerns of the United States.
(3) provide penalties for noncompliance with the requirements of licenses or regulations issued under
this subchapter, including civil penalties not to exceed $10,000 (each day of operation in violation of
such licenses or regulations constituting a separate violation);
(4) compromise, modify, or remit any such civil penalty;
(5) issue subpoenas for any materials, documents, or records, or for the attendance and testimony of
witnesses for the purpose of conducting a hearing under this section;
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(b)
(6) seize any object, record, or report pursuant to a warrant from a magistrate based on a showing of
probable cause to believe that such object, record, or report was used, is being used, or is likely to be
used in violation of this chapter or the requirements of a license or regulation issued thereunder; and
(7) make investigations and inquiries and administer to or take from any person an oath, affirmation,
or affidavit concerning any matter relating to the enforcement of this chapter.
Review of agency action
Any applicant or licensee who makes a timely request for review of an adverse action pursuant to
subsection (a)(1), (a)(3), (a)(5), or (a)(6) of this section shall be entitled to adjudication by the
Secretary on the record after an opportunity for any agency hearing with respect to such adverse
action. Any final action by the Secretary under this subsection shall be subject to judicial review
under chapter 7 of title 5.
Sec. 5624. Regulatory authority of Secretary
The Secretary may issue regulations to carry out this subchapter. Such regulations shall be promulgated only
after public notice and comment in accordance with the provisions of section 553 of title 5.
Sec. 5625. Agency activities
(a)
(b)
(c)
(d)
(e)
License application and issuance
A private sector party may apply for a license to operate a private remote sensing space system which
utilizes, on a space-available basis, a civilian United States Government satellite or vehicle as a
platform for such system. The Secretary, pursuant to this subchapter, may license such system if it
meets all conditions of this subchapter and (1) the system operator agrees to reimburse the Government in a timely manner for all related costs
incurred with respect to such utilization, including a reasonable and proportionate share of fixed,
platform, data transmission, and launch costs; and
(2) such utilization would not interfere with or otherwise compromise intended civilian Government
missions, as determined by the agency responsible for such civilian platform.
Assistance
The Secretary may offer assistance to private sector parties in finding appropriate opportunities for
such utilization.
Agreements
To the extent provided in advance by appropriation Acts, any United States Government agency may
enter into agreements for such utilization if such agreements are consistent with such agency's
mission and statutory authority, and if such remote sensing space system is licensed by the Secretary
before commencing operation.
Applicability
This section does not apply to activities carried out under subchapter III of this chapter.
Effect on FCC authority
Nothing in this subchapter shall affect the authority of the Federal Communications Commission
pursuant to the Communications Act of 1934 (47 U.S.C. 151 et seq.).
Sec. 5631. Continued Federal research and development
(a)
Roles of NASA and Department of Defense
(1) The Administrator and the Secretary of Defense are directed to continue and to enhance programs
of remote sensing research and development.
(2) The Administrator is authorized and encouraged to (A) conduct experimental space remote sensing programs (including applications demonstration
programs and basic research at universities);
(B) develop remote sensing technologies and techniques, including those needed for monitoring the
Earth and its environment; and
(C) conduct such research and development in cooperation with other United States Government
agencies and with public and private research entities (including private industry, universities, nonprofit organizations, State and local governments, foreign governments, and international
279
(b)
(c)
organizations) and to enter into arrangements (including joint ventures) which will foster such
cooperation.
Roles of Department of Agriculture and Department of the Interior
(1) In order to enhance the ability of the United States to manage and utilize its renewable and
nonrenewable resources, the Secretary of Agriculture and the Secretary of the Interior are authorized
and encouraged to conduct programs of research and development in the applications of remote
sensing using funds appropriated for such purposes.
(2) Such programs may include basic research at universities, demonstrations of applications, and
cooperative activities involving other Government agencies, private sector parties, and foreign and
international organizations.
Role of other Federal agencies
Other United States Government agencies are authorized and encouraged to conduct research and
development on the use of remote sensing in the fulfillment of their authorized missions, using funds
appropriated for such purposes.
Sec. 5632. Availability of federally gathered unenhanced data
(a)
(b)
General rule
All unenhanced land remote sensing data gathered and owned by the United States Government,
including unenhanced data gathered under the technology demonstration program carried out
pursuant to section 5633 of this title, shall be made available to users in a timely fashion.
Protection for commercial data distributor
The President shall seek to ensure that unenhanced data gathered under the technology demonstration
program carried out pursuant to section 5633 of this title shall, to the extent practicable, be made
available on terms that would not adversely effect (FOOTNOTE 1) the commercial market for
unenhanced data gathered by the Landsat 6 spacecraft.
Sec. 5633. Technology demonstration program
(a)
(b)
(c)
(d)
(e)
(f)
Establishment
As a fundamental component of a national land remote sensing strategy, the President shall establish,
through appropriate United States Government agencies, a technology demonstration program. The
goals of such programs shall be to (1) seek to launch advanced land remote sensing system components within 5 years after October 28,
1992. [3]
(2) demonstrate within such 5-year period advanced sensor capabilities suitable for use in the
anticipated land remote sensing program; and
(3) demonstrate within such 5-year period an advanced land remote sensing system design that could
be less expensive to procure and operate than the Landsat system projected to be in operation through
the year 2000, and that therefore holds greater potential for private sector investment and control.
Execution of program
In executing the technology demonstration program, the President shall seek to apply technologies
associated with United States National Technical Means of intelligence gathering, to the extent that
such technologies are appropriate for the technology demonstration and can be declassified for such
purposes without causing adverse harm to United States national security interests.
Broad application
To the greatest extent practicable, the technology demonstration program established under
subsection (a) of this section shall be designed to be responsive to the broad civilian, national
security, commercial, and foreign policy needs of the United States.
Private sector funding
The technology demonstration program under this section may be carried out in part with private
sector funding.
Landsat Program Management coordination
The Landsat Program Management shall have a coordinating role in the technology demonstration
program carried out under this section.
Report to Congress
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The President shall assess the progress of the technology demonstration program under this section
and, within 2 years after October 28, 1992, submit a report to the Congress on such progress.
Sec. 5641. Assessing options for successor land remote sensing system
(a)
(b)
(c)
Assessment
Within 5 years after October 28, 1992, the Landsat Program Management, in consultation with
representatives of appropriate United States Government agencies, shall assess and report to the
Congress on the options for a successor land remote sensing system to Landsat 7. The report shall
include a full assessment of the advantages and disadvantages of (1) private sector funding and management of a successor land remote sensing system;
(2) establishing an international consortium for the funding and management of a successor land
remote sensing system;
(3) funding and management of a successor land remote sensing system by the United States
Government; and
(4) a cooperative effort between the United States Government and the private sector for the funding
and management of a successor land remote sensing system.
Goals
In carrying out subsection (a) of this section, the Landsat Program Management shall consider the
ability of each of the options to (1) encourage the development, launch, and operation of a land remote sensing system that
adequately serves the civilian, national security, commercial, and foreign policy interests of the
United States;
(2) encourage the development, launch, and operation of a land remote sensing system that maintains
data continuity with the Landsat system; and
(3) incorporate system enhancements, including any such enhancements developed under the
technology demonstration program under section 5633 of this title, which may potentially yield a
system that is less expensive to build and operate, and more responsive to data users, than is the
Landsat system projected to be in operation through the year 2000.
Preference for private sector system
If a successor land remote sensing system to Landsat 7 can be funded and managed by the private
sector while still achieving the goals stated in subsection (b) of this section without jeopardizing the
domestic, national security, and foreign policy interests of the United States, preference should be
given to the development of such a system by the private sector without competition from the United
States Government.
Sec. 5651. Nondiscriminatory data availability
(a)
(b)
General rule
Except as provided in subsection (b) of this section, any unenhanced data generated by the Landsat
system or any other land remote sensing system funded and owned by the United States Government
shall be made available to all users without preference, bias, or any other special arrangement (except
on the basis of national security concerns pursuant to section 5656 of this title) regarding delivery,
format, pricing, or technical considerations which would favor one customer or class of customers
over another.
Exceptions
Unenhanced data generated by the Landsat system or any other land remote sensing system funded
and owned by the United States Government may be made available to the United States Government
and its affiliated users at reduced prices, in accordance with this chapter, on the condition that such
unenhanced data are used solely for noncommercial purposes.
Sec. 5652. Archiving of data
(a)
Public interest
It is in the public interest for the United States Government to -
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(b)
(c)
(d)
(1) maintain an archive of land remote sensing data for historical, scientific, and technical purposes,
including long-term global environmental monitoring;
(2) control the content and scope of the archive; and
(3) assure the quality, integrity, and continuity of the archive.
Archiving practices
The Secretary of the Interior, in consultation with the Landsat Program Management, shall provide
for long-term storage, maintenance, and upgrading of a basic, global, land remote sensing data set
(hereinafter referred to as the ''basic data set'') and shall follow reasonable archival practices to assure
proper storage and preservation of the basic data set and timely access for parties requesting data.
Determination of content of basic data set
In determining the initial content of, or in upgrading, the basic data set, the Secretary of [1] Interior
shall (1) use as a baseline the data archived on October 28, 1992;
(2) take into account future technical and scientific developments and needs, paying particular
attention to the anticipated data requirements of global environmental change research;
(3) consult with and seek the advice of users and producers of remote sensing data and data products;
(4) consider the need for data which may be duplicative in terms of geographical coverage but which
differ in terms of season, spectral bands, resolution, or other relevant factors;
(5) include, as the Secretary of the Interior considers appropriate, unenhanced data generated either
by the Landsat system, pursuant to subchapter I of this chapter, or by licensees under subchapter II of
this chapter;
(6) include, as the Secretary of the Interior considers appropriate, data collected by foreign ground
stations or by foreign remote sensing space systems; and
(7) ensure that the content of the archive is developed in accordance with section 5656 of this title.
Public domain
After the expiration of any exclusive right to sell, or after relinquishment of such right, the data
provided to the National Satellite Land Remote Sensing Data Archive shall be in the public domain
and shall be made available to requesting parties by the Secretary of the Interior at the cost of
fulfilling user requests.
Sec. 5653. Nonreproduction
Unenhanced data distributed by any licensee under subchapter II of this chapter may be sold on the condition
that such data will not be reproduced or disseminated by the purchaser for commercial purposes.
Sec. 5654. Reimbursement for assistance
The Administrator, the Secretary of Defense, and the heads of other United States Government agencies may
provide assistance to land remote sensing system operators under the provisions of this chapter. Substantial
assistance shall be reimbursed by the operator, except as otherwise provided by law.
Sec. 5655. Acquisition of equipment
The Landsat Program Management may, by means of a competitive process, allow a licensee under
subchapter II of this chapter or any other private party to buy, lease, or otherwise acquire the use of
equipment from the Landsat system, when such equipment is no longer needed for the operation of such
system or for the sale of data from such system. Officials of other United States Government civilian
agencies are authorized and encouraged to cooperate with the Secretary in carrying out this section.
Sec. 5656. Radio frequency allocation
(a)
(b)
Application to Federal Communications Commission
To the extent required by the Communications Act of 1934 (47 U.S.C. 151 et seq.), an application
shall be filed with the Federal Communications Commission for any radio facilities involved with
commercial remote sensing space systems licensed under subchapter II of this chapter.
Deadline for FCC action
282
(c)
(d)
It is the intent of Congress that the Federal Communications Commission complete the radio
licensing process under the Communications Act of 1934 (47 U.S.C. 151 et seq.), upon the
application of any private sector party or consortium operator of any commercial land remote sensing
space system subject to this chapter, within 120 days of the receipt of an application for such
licensing. If final action has not occurred within 120 days of the receipt of such an application, the
Federal Communications Commission shall inform the applicant of any pending issues and of actions
required to resolve them.
Development and construction of United States systems
Authority shall not be required from the Federal Communications Commission for the development
and construction of any United States land remote sensing space system (or component thereof), other
than radio transmitting facilities or components, while any licensing determination is being made.
Consistency with international obligations and public interest
Frequency allocations made pursuant to this section by the Federal Communications Commission
shall be consistent with international obligations and with the public interest.
Sec. 5657. Consultation
(a)
(b)
(c)
(d)
Consultation with Secretary of Defense
The Secretary and the Landsat Program Management shall consult with the Secretary of Defense on
all matters under this chapter affecting national security. The Secretary of Defense shall be
responsible for determining those conditions, consistent with this chapter, necessary to meet national
security concerns of the United States and for notifying the Secretary and the Landsat Program
Management promptly of such conditions.
Consultation with Secretary of State
(1) The Secretary and the Landsat Program Management shall consult with the Secretary of State on
all matters under this chapter affecting international obligations. The Secretary of State shall be
responsible for determining those conditions, consistent with this chapter, necessary to meet
international obligations and policies of the United States and for notifying promptly the Secretary
and the Landsat Program Management of such conditions.
(2) Appropriate United States Government agencies are authorized and encouraged to provide remote
sensing data, technology, and training to developing nations as a component of programs of
international aid.
(3) The Secretary of State shall promptly report to the Secretary and Landsat Program Management
any instances outside the United States of discriminatory distribution of Landsat data.
Status report
The Landsat Program Management shall, as often as necessary, provide to the Congress complete and
updated information about the status of ongoing operations of the Landsat system, including timely
notification of decisions made with respect to the Landsat system in order to meet national security
concerns and international obligations and policies of the United States Government.
Reimbursements
If, as a result of technical modifications imposed on a licensee under subchapter II of this chapter on
the basis of national security concerns, the Secretary, in consultation with the Secretary of Defense or
with other Federal agencies, determines that additional costs will be incurred by the licensee, or that
past development costs (including the cost of capital) will not be recovered by the licensee, the
Secretary may require the agency or agencies requesting such technical modifications to reimburse
the licensee for such additional or development costs, but not for anticipated profits. Reimbursements
may cover costs associated with required changes in system performance, but not costs ordinarily
associated with doing business abroad.
Sec. 5658. Enforcement
(a)
In general
In order to ensure that unenhanced data from the Landsat system received solely for noncommercial
purposes are not used for any commercial purpose, the Secretary (in collaboration with private sector
entities responsible for the marketing and distribution of unenhanced data generated by the Landsat
system) shall develop and implement a system for enforcing this prohibition, in the event that
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(b)
(c)
(d)
unenhanced data from the Landsat system are made available for noncommercial purposes at a
different price than such data are made available for other purposes.
Authority of Secretary
Subject to subsection (d) of this section, the Secretary may impose any of the enforcement
mechanisms described in subsection (c) of this section against a person who (1) receives unenhanced data from the Landsat system under this chapter solely for noncommercial
purposes (and at a different price than the price at which such data are made available for other
purposes); and
(2) uses such data for other than noncommercial purposes.
Enforcement mechanisms
Enforcement mechanisms referred to in subsection (b) of this section may include civil penalties of
not more than $10,000 (per day per violation), denial of further unenhanced data purchasing
privileges, and any other penalties or restrictions the Secretary considers necessary to ensure, to the
greatest extent practicable, that unenhanced data provided for noncommercial purposes are not used
to unfairly compete in the commercial market against private sector entities not eligible for data at the
cost of fulfilling user requests.
Procedures and regulations
The Secretary shall issue any regulations necessary to carry out this section and shall establish
standards and procedures governing the imposition of enforcement mechanisms under subsection (b)
of this section. The standards and procedures shall include a procedure for potentially aggrieved
parties to file formal protests with the Secretary alleging instances where such unenhanced data has
been, or is being, used for commercial purposes in violation of the terms of receipt of such data. The
Secretary shall promptly act to investigate any such protest, and shall report annually to the Congress
on instances of such violations.
Sec. 5671. Prohibition
Neither the President nor any other official of the Government shall make any effort to lease, sell, or transfer
to the private sector, or commercialize, any portion of the weather satellite systems operated by the
Department of Commerce or any successor agency.
Sec. 5672. Future considerations
Regardless of any change in circumstances subsequent to October 28, 1992, even if such change makes it
appear to be in the national interest to commercialize weather satellites, neither the President nor any official
shall take any action prohibited by section 5671 of this title unless this subchapter has first been repealed.
SPACE TRANSPORTATION INFRASTRUCTURE MATCHING GRANTS
49 USC Chapter 703
Sec. 70301. - Definitions
In this chapter (1)
the definitions in section 502 of the National Aeronautics and Space Administration Authorization
Act, Fiscal Year 1993 (15 U.S.C. 5802) apply.
(2)
"commercial space transportation infrastructure development" includes (A) construction, improvement, design, and engineering of space transportation infrastructure in the
United States; and
(B) technical studies to define how new or enhanced space transportation infrastructure can best meet
the needs of the United States commercial space transportation industry.
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(3)
(4)
(5)
(6)
"project" means a project (or separate projects submitted together) to carry out commercial space
transportation infrastructure development, including the combined submission of all projects to be
undertaken at a particular site in a fiscal year.
"project grant" means a grant of an amount by the Secretary of Transportation to a sponsor for one
or more projects.
"public agency" means a State or an agency of a State, a political subdivision of a State, or a taxsupported organization.
"sponsor" means a public agency that, individually or jointly with one or more other public agencies,
submits to the Secretary under this chapter an application for a project grant.
Sec. 70302. - Grant authority
(a)
(b)
General Authority. - To ensure the resiliency of the space transportation infrastructure of the United
States, the Secretary of Transportation may make project grants to sponsors as provided in this
chapter.
Limitations. - The Secretary may make a project grant under this chapter only if (1) at least 10 percent of the total cost of the project will be paid by the private sector; and
(2) the grant will not be for more than 50 percent of the total cost of the project.
Sec. 70303. - Grant applications
(a)
(b)
(c)
(d)
General. - A sponsor may submit to the Secretary of Transportation an application for a project grant.
The application must state the project to be undertaken and be in the form and contain the information
the Secretary requires.
Considerations and Consultation. (1) In selecting proposed projects for grants under this section, the Secretary of Transportation shall
consider (A) the contribution of the project to industry capabilities that serve the United States Government's
space transportation needs;
(B) the extent of industry's financial contribution to the project;
(C) the extent of industry's participation in the project;
(D) the positive impact of the project on the international competitiveness of the United States space
transportation industry;
(E) the extent of State contributions to the project; and
(F) the
impact of the project on launch operations and other activities at Government launch
ranges.
(2) The Secretary of Transportation shall consult with the Secretary of Defense, the Administrator of
the National Space and Aeronautics Administration, and the heads of other appropriate agencies of
the Government about paragraph (1)(A) and (F) of this subsection.
Requirements. - The Secretary of Transportation may approve an application only if the Secretary is
satisfied that (1) the project will contribute to the purposes of this chapter;
(2) the project is reasonably consistent with plans (existing at the time of approval of the project) of
public agencies that are (A) authorized by the State in which the project is located; and
(B) responsible for the development of the area surrounding the project site;
(3) if the application proposes to use Government property, the specific consent of the head of the
appropriate agency has been obtained;
(4) the project will be completed without unreasonable delay;
(5) the sponsor submitting the application has the legal authority to engage in the project; and
(6) any additional requirements prescribed by the Secretary have been met.
Preference for Industry Contributions. - The Secretary of Transportation shall give preference to
applications for projects for which there will be greater industry financial contributions, all other
factors being equal.
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Sec. 70304. - Environmental requirements
(a)
(b)
(c)
(d)
Policy. - It is the policy of the United States that projects selected under this chapter shall provide for
the protection and enhancement of the natural resources and the quality of the environment of the
United States. In carrying out this policy, the Secretary of Transportation shall consult with the
Secretary of the Interior and the Administrator of the Environmental Protection Agency about a
project that may have a significant effect on natural resources, including fish and wildlife, natural,
scenic, and recreational assets, water and air quality, and other factors affecting the environment. If
the Secretary of Transportation finds that a project will have a significant adverse effect, the
Secretary may approve the application for the project only if, after a complete review that is a matter
of public record, the Secretary makes a written finding that no feasible and prudent alternative to the
project exists and that all reasonable steps have been taken to minimize the adverse effect.
Public Hearing Requirement. - The Secretary of Transportation may approve an application only if
the sponsor of the project certifies to the Secretary that an opportunity for a public hearing has been
provided to consider the economic, social, and environmental effects of the project and its
consistency with the goals of any planning carried out by the community. When a hearing is held
under this paragraph, the sponsor shall submit a copy of the transcript of the hearing to the Secretary.
Compliance With Air and Water Quality Standards. (1) The Secretary of Transportation may approve an application only if the chief executive officer of
the State in which the project is located certifies in writing to the Secretary that there is reasonable
assurance that the project will be located, designed, constructed, and operated to comply with
applicable air and water quality standards. If the Administrator has not prescribed those standards,
certification shall be obtained from the Administrator. Notice of certification or refusal to certify shall
be provided not later than 60 days after the Secretary receives the application.
(2) The Secretary of Transportation shall condition the approval of an application on compliance with
applicable air and water quality standards during construction and operation.
Compliance With Laws and Regulations. - The Secretary of Transportation may require a
certification from a sponsor that the sponsor will comply with all applicable laws and regulations.
The Secretary may rescind at any time acceptance of a certification from a sponsor under this
subsection. This subsection does not affect any responsibility of the Secretary under another law,
including (1) section 303 of this title;
(2) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.);
(3) title VIII of the Act of April 11, 1968 (42 U.S.C. 3601 et seq.);
(4) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
(5) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C.
4601 et seq.)
Sec. 70305. - Authorization of appropriations
Not more than $10,000,000 may be appropriated to the Secretary of Transportation to make grants under this
chapter. Amounts appropriated under this section remain available until expended.
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Patents
INVENTIONS IN OUTER SPACE
35 USC Chapter 10, Sect. 105
Sec. 105. Inventions in outer space
(a)
(b)
Any invention made, used or sold in outer space on a space object or component thereof under the
jurisdiction or control of the United States shall be considered to be made, used or sold within the
United States for the purposes of this title, except with respect to any space object or component
thereof that is specifically identified and otherwise provided for by an international agreement to
which the United States is a party, or with respect to any space object or component thereof that is
carried on the registry of a foreign state in accordance with the Convention on Registration of Objects
Launched into Outer Space.
Any invention made, used or sold in outer space on a space object or component thereof that is
carried on the registry of a foreign state in accordance with the Convention on Registration of Objects
Launched into Outer Space, shall be considered to be made, used or sold within the United States for
the purposes of this title if specifically so agreed in an international agreement between the United
States and the state of registry.
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