OUTER SPACE ACT 1986 Berlin Workshop - January 2004 Project Richard J Tremayne-Smith Head of International Relations, UN Issues and Space Environment

29th January 2004 Outer Space Act 1986: UK Experience Scope of the Presentation  Brief overview of the OSA  Why we opted for an insurance based regime with essential technical checks  How applications are processed +

29th January 2004 Outer Space Act 1986: UK Experience Background to the OSA  up until late 1980’s space activities carried out by Government or government controlled organisations  commercialisation of space resulted in UK companies procuring the launch of, and subsequently operating, satellites  British Sky Broadcasting (BSB)

29th January 2004 Outer Space Act 1986: UK Experience Drafting of the Bill  Draft instructions to Counsel:  relevant provisions of the Outer Space Treaty (1967)  [Agreement on Rescue and Return (1968)]  the Liability Convention (1972)  the Registration Convention (1976)

29th January 2004 Outer Space Act 1986: UK Experience Outer Space Act 1986  scope set in the light of Article VI of the Outer Space Treaty  s.1 specifies the activities to which the Act applies:  launching or procuring the launch of a space object  operating a space object  any activity in outer space

29th January 2004 Outer Space Act 1986: UK Experience Outer Space Act 1986  so far have taken the view that the leasing of space segment satellite capacity (transponders) & the use of such capability using earth stations for either transmission or reception, other than telemetry, tracking & control of satellites, does not require a licence

29th January 2004 Outer Space Act 1986: UK Experience Outer Space Act 1986  applies to activities whether carried out in the UK or elsewhere  s.2: applies Act to UK nationals, firms & bodies incorporated under the law of any part of the UK  s.3: prohibition of unlicensed activities. But,  employee or agent of another exempt  not required if international obligations met (OinC)

29th January 2004 Outer Space Act 1986: UK Experience Outer Space Act 1986  s.4: SoS discretion to grant licences  shall not be granted unless satisfied activities:  do not jeopardise public health or the safety of persons or property  are consistent with international obligations of the UK  do not impair national security

29th January 2004 Outer Space Act 1986: UK Experience Outer Space Act 1986  s.5: SoS discretion on conditions to which a licence should be made subject  ensure compliance with international obligations  compliance with “good practice” e.g. space debris mitigation practices

29th January 2004 Outer Space Act 1986: UK Experience Outer Space Act 1986  s.7: Setting up an official register of space objects  UK Register of Space Objects is “live” on the Web at  Supplementary Registry – license issued but jointly determined that another “Launching State” should register

29th January 2004 Outer Space Act 1986: UK Experience Outer Space Act 1986  Unlicensed activity & breach of licence conditions are criminal offences (Sects. 8, 9 &12 refer)  power to give directions to secure compliance with international obligations  directions enforceable by injunction or with a warrant - by direct action if that should prove necessary  examples of when offence committed & remedy

29th January 2004 Outer Space Act 1986: UK Experience Outer Space Act 1986  s.10 requires all persons carrying on space activity to indemnify the UK Government against any claims for loss or damage, if such person is one to whom the Act applies  this applies regardless of whether a licence has been sought

29th January 2004 Outer Space Act 1986: UK Experience Insurance based licensing regime  Intention of the Act was to operate a simple licensing regime involving essential technical checks with no significant increase in public service manpower

29th January 2004 Outer Space Act 1986: UK Experience Applying for a licence  apply 6 months in advance  information requirements:  completed application form  audited accounts  launch services agreement, satellite procurement contract  insurance policies or comprehensive certificates

29th January 2004 Outer Space Act 1986: UK Experience Processing applications  financial standing check  technical safety assessment  orbital slot check  indemnity check

29th January 2004 Outer Space Act 1986: UK Experience Financial standing  ensure applicant can undertake the proposed activity without risking bankruptcy  ability to keep up the necessary payments (e.g. insurance premiums)  ability to guarantee indemnification above the insured amount

29th January 2004 Outer Space Act 1986: UK Experience Technical Safety Assessment  ability of the satellite system to comply with appropriate qualitative & quantitative safety criteria:  the satellite platform’s specification (e.g. attitude control system, orbital positioning capability, power storage mechanisms, launcher interface & separation mechanism)  safety processes (e.g. plans & procedures)

29th January 2004 Outer Space Act 1986: UK Experience Technical Safety Assessment  contamination of the environment:  impact on both the radiation & debris environment assessed (e.g. frequency & physical interference with other operators)  safety requirements:  de-orbit/re-orbit plans (ITU draft Std.)  plans to remove the satellite from the operational orbit should an irrecoverable failure occur

29th January 2004 Outer Space Act 1986: UK Experience Technical Safety Assessment  site visit to check the suitability of TT& C facilities (OSA-Sect. 5 (2) (a) inspection)

29th January 2004 Outer Space Act 1986: UK Experience Orbital slot check  Radiocommunications Agency asked to confirm that the proposed orbital slot for the satellite has been agreed with the ITU

29th January 2004 Outer Space Act 1986: UK Experience Indemnity check (1 of 3)  extent to which the applicants indemnity of the Government is underwritten/guaranteed  examine insurance policies/certificates to check Her Majesty’s Government in the UK is an Additional Insured to a value of £100m (or such other sum as may be agreed) for each stage of the mission

29th January 2004 Outer Space Act 1986: UK Experience Indemnity check (2 of 3)  seek professional advice on whether exclusions are customary, level of cover available in the market, etc.  three years cover is appropriate at the outset  attachment policies available giving operators fleet discounts

29th January 2004 Outer Space Act 1986: UK Experience Indemnity check (3 of 3)  indemnity provisions in launch services agreement or satellite procurement contract (consider whether they may be assigned to the Government in the event of loss or damage during the launch phase, or (in a delivery in- orbit arrangement) the period before title and control of the satellite is passed to the customer, and in the event of the applicant becoming insolvent)

29th January 2004 Outer Space Act 1986: UK Experience Practical experience 1  processed over 30 licence applications & advised Governors of UK Overseas territories on 9 applications: averages out to about 3 applications a year  transfer of registration in exceptional case of Hong Kong returning to China  Licensing of Inmarsat and Skynet satellites

29th January 2004 Outer Space Act 1986: UK Experience Practical Experience 2  bilateral prior-apportionment agreements would, at first sight, appear to offer a solution (however, difficult in practice)  shared interpretation of the Treaties & Conventions (UN COPUOS Legal SC helping following discussion of “Launching State” with activity on “Registration” Practices starting in 2004)

29th January 2004 Outer Space Act 1986: UK Experience Experience - Section 10  difficulty of securing an unlimited indemnification from limited liability companies  no obvious reason why Governments should bear the risk of a commercial venture so the insurance premium should reflect the level of risk involved

29th January 2004 Outer Space Act 1986: UK Experience

29th January 2004 Outer Space Act 1986: UK Experience Risks of collision in-orbit  modelling suggests that risks of collision in LEO, GTO & GEO should not be discounted  use of Satellite Collision Analysis in the Licensing Process (SCALP) analysis tool produced for BNSC  however, modelling does not factor in “fault”

29th January 2004 Outer Space Act 1986: UK Experience Developing Mitigation Practices  agree on a set of mitigation measures & operational practices to be followed by all  IADC space debris Mitigation Guidelines (to UN)  ESA NoC Code of Conduct  ITU and ISO standards for GSO re-orbiting  assessing what information operators currently have on other satellites  development of some “rules of the road”

29th January 2004 Outer Space Act 1986: UK Experience