OUTER SPACE ACT 1986 Berlin Workshop - January 2004 Project 2001 + Richard J Tremayne-Smith Head of...
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Transcript of OUTER SPACE ACT 1986 Berlin Workshop - January 2004 Project 2001 + Richard J Tremayne-Smith Head of...
OUTER SPACE ACT 1986
Berlin Workshop - January 2004
Project 2001 +
Richard J Tremayne-SmithHead of International Relations, UN Issues and Space Environment
29th January 2004Outer 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 2004Outer 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, satellitesBritish Sky Broadcasting (BSB)
29th January 2004Outer 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 2004Outer 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
objectoperating a space objectany activity in outer space
29th January 2004Outer 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 2004Outer 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 exemptnot required if international obligations met (OinC)
29th January 2004Outer Space Act 1986:
UK Experience
Outer Space Act 1986
s.4: SoS discretion to grant licencesshall 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 2004Outer 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 2004Outer 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 www.bnsc.gov.uk
Supplementary Registry – license issued but jointly determined that another “Launching State” should register
29th January 2004Outer Space Act 1986:
UK Experience
Outer Space Act 1986Unlicensed activity & breach of licence
conditions are criminal offences (Sects. 8, 9 &12 refer)power to give directions to secure compliance
with international obligationsdirections enforceable by injunction or with a
warrant - by direct action if that should prove necessary
examples of when offence committed & remedy
29th January 2004Outer 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 2004Outer 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 2004Outer 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 contractinsurance policies or comprehensive
certificates
29th January 2004Outer Space Act 1986:
UK Experience
Processing applications
financial standing checktechnical safety assessmentorbital slot checkindemnity check
29th January 2004Outer 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 2004Outer 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 2004Outer 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 2004Outer 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 2004Outer 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 2004Outer 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 2004Outer 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 outsetattachment policies available giving
operators fleet discounts
29th January 2004Outer 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 2004Outer 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 2004Outer 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 2004Outer 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 2004Outer Space Act 1986:
UK Experience
Risks of collision in-orbit
modelling suggests that risks of collision in LEO, GTO & GEO should not be discounteduse of Satellite Collision Analysis in the
Licensing Process (SCALP) analysis tool produced for BNSC
however, modelling does not factor in “fault”
Outer Space Act 1986:UK Experience
29th January 2004
Developing Mitigation Practices
agree on a set of mitigation measures & operational practices to be followed by allIADC space debris Mitigation Guidelines (to UN)ESA NoC Code of ConductITU and ISO standards for GSO re-orbiting
assessing what information operators currently have on other satellites
development of some “rules of the road”