Alden Orrery – Regulatory Briefing – July & August 2024
INTERNATIONAL
NATO Allies launch strategic defence initiatives
On 9 July 2024, the first-ever NATO Summit Defence Industry Forum brought together defence ministers from 24 NATO allies, NATO officials and defence industry business leaders in order to promote productivity and cooperation in the defence industry.
Representatives of 17 NATO member states signed an initial contract for the Alliance Persistent Surveillance from Space (APSS), which has been described by NATO officials as the largest space programme ever and will be worth a combined total of $1 billion in five years. APSS is a data-centric initiative which will compile intelligence from allied satellites in a large constellation called ‘Aquila’ to create ‘persistent surveillance’, allowing NATO to collect data on any location at any given time.
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EUROPE
ESA takes first step to modify “geo-return” policies
European Space Agency (ESA) member states have taken their first step towards modifying ESA’s longstanding geo-return policies that award contracts for ESA programmes based on the size of the financial contribution made by each member state, rather than who is the best supplier.
At the 327th ESA Council Meeting, held in Paris on 18 and 19 June, ESA officials explained that this was a first step in a more general evolution of its industrial policy, which is needed to keep pace with the changing face of the space industry.
ESA will now define a pilot programme to trial the new process. It will likely take the form of requesting proposals for a stated programme, selecting the successful bidder and then approaching member states to solicit funding. Please see the Meeting’s media information session here.
UK and ESA strengthen joint plans on satellite services
The UK Space Agency and ESA announced plans during the Farnborough Air Show on 25 July 2024 to strengthen joint work on various telecommunications applications and activities relating to in-orbit servicing, assembly and manufacturing. Such activities are vital for improving sustainability, prolonging the lifetime of satellites in orbit and delivering new services to businesses and citizens.
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NORTH AMERICA
USA
Senate approves US$50 million uplift for NASA in FY2025
On 25 July 2024, the Senate Appropriations Committee approved the FY2025 Commerce, Justice, Science and Related Agencies Appropriations Act, which includes funding for NASA. The bill allocates US$25.43 billion to NASA, US$559 million more than for the year 2024 and US$50 million more than requested. The Senate bill designates US$30 million of the increase for exploration, supporting the Artemis Campaign Development which seeks to return astronauts to the Moon.
House advances NASA Reauthorization Act
On the 10 July 2024, the US House of Representatives Committee on Science, Space and Technology unanimously voted to advance the NASA Reauthorization Act of 2024 (Act). The Act serves to establish NASA’s policy priorities for the coming year.
The Act:
In a statement, Rep. Frank Lucas (R-Okla.), Chair of the full Committee, stated that the bill: “provides comprehensive support for significant advancements in human space exploration, prioritizing our ambitious missions to the moon, Mars and beyond. The bill also tackles near-term priorities, including the significant operations of the International Space Station and the continuous development of scientific research and innovative technology.” The NASA Reauthorization Act can be read here.
Loper Bright signals re-evaluation of space regulatory rules
On 28 June 2024, the US Supreme Court issued a landmark ruling in Loper Bright Enterprises v Raimondo which significantly altered the law pertaining to the judicial review of administrative agencies. In a 6-3 vote, it overruled a 40-year-old precedent of ‘Chevron deference’ which directed courts to defer to a federal agency’s interpretation of ambiguous parts of statutes. With the Loper Bright decision, federal agencies may now be challenged about their interpretations.
Loper Bright is expected to have a profound impact on the space industry, in particular, since a number of regulatory agencies still have open proceedings, which without Chevron deference will be subject to challenge. While some fear immediate loss of investment in the industry until key regulatory decisions are made, there is hope that this ruling will encourage Congress to produce the supportive, forward-thinking regulatory framework which is necessary for the future success of the US space industry.
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LATIN AMERICA
Brazil enacts national space activities law
On 1 August 2024 the Brazilian Federal Government enacted Law No. 14,946/2024 (Law) which establishes rules applicable to national space activities in Brazil.
The Law grants authority to:
(a) the Aeronautical Command to regulate and supervise national defence space activities; and (b) the Brazilian Space Agency (AEB) to regulate and supervise civil space activities in Brazil.
The Law also establishes two new public bodies:
(a) the Brazilian Space Registry which is a system for collecting, processing, and storing data and information and will be coordinated by the AEB; and (b) the System for the Investigation and Prevention of Accidents in Space Activities which is focused on preventing accidents in space.
The framework established by the Law permits ANATEL, the National Telecommunications Agency, to retain its legal authority over satellite telecommunications and spectrum use, amongst areas.
The legislation also introduces environmental protection and space sustainability measures:
(a) providing for a new environmental licensing regime for space activities to be implemented by the relevant federal agencies, based on applicable technical requirements and on environmental legislation; (b) establishing that space activity must be planned and undertaken with regard for mitigating the generation of space debris; and (c) enabling the AEB to be responsible for issuing specific regulations aimed at mitigating the generation of debris, coordinate by the Aeronautical Command
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AFRICA
Africa and Italy strengthen space collaboration
On 15 and 16 July 2024, the Italy-Africa Space Conference was held in Rome and attended by the heads of 20 African space agencies, including the African Union Space Agency.
Adolfo Urso, Italian Minister of Economic Development, proposed the relaunch of the Italian-led Luigi Broglio Space Centre (BSC), located near Malindi, Kenya, which has not been used to launch satellites since 1988, as a “training and education base for African countries today”. However, strategic risks of using BSC have previously been identified due to the presence of a large number of Chinese technicians. Undersecretary Alfredo Mantovano also appealed to the importance of space diplomacy and the need for legal agreements to underpin the exchange of classified information.
KENYA
Draft Kenya Space Bill 2024 – public consultation
On 9 August 2024, the Kenya Space Agency (KSA) called for views and comments on The Draft Kenya Space Bill 2024 (Bill) to contribute to its development of the Bill. The Bill intends to establish a legal and regulatory framework for space activities in Kenya.
In particular, the Bill will cover the following aspects, amongst others:
(a) the official establishment of the Kenya Space Agency (KSA), responsible for regulating and supervising space activities within Kenya, the promotion of space science and research and the granting of licences and management of space assets; (b) the licensing and authorisation of space activities including the procedures for applications, requirements for grant and penalties for non-compliance; (c) the registration of space objects launched or operated from Kenya; and (d) the application of safety, security and environmental standards in relation to the manufacture, launch and operations of space objects and the minimisation of space debris and the safe disposal of satellites at their end of their operational life.
Comments should be addressed to the Director General of the KSA at [email protected] by 12:00pm on 6 September 2024. The draft Bill can be accessed on the KSA website under the “Resources” tab.
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ASIA
SOUTH KOREA
Australia and South Korea sign rocket agreement
Australian company Southern Launch has partnered with South Korean rocket manufacturer UNASTELLA Corporation to facilitate at least four launches per year. UNASTELLA is developing a small lift rocket and will use Australian launches to validate their design and gain flight experience. The collaboration will enhance Australia’s space industry and benefit the local supply chain through the procurement of goods and services for the launches. The first launch is planned for late 2025, pending regulatory approval.
South Korea establishes new space agency
On 27 May 2024, South Korea’s new space agency, the Korea Aerospace Administration (KASA), began operations. It announced its plans to an international audience at the Committee on Space Research (COSPAR) 45th Scientific Assembly on 15 July 2024.
The plans are centred around four key areas: space transportation; satellites; space exploration; and aviation. KASA will also develop South Korea’s space policy and regulate commercial space activity, as well as promoting international cooperation. A bilateral engagement was held between KASA and NASA on 15 July 2024, and NASA issued a statement on 16 July 2024 stating, “NASA and KASA are exploring a wide range of opportunities and fostering innovation in new areas”.
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OCEANIA/AUSTRALIA
Technology Safeguards Agreement (TSA) between US and Australia entered into force
The TSA between the Government of Australia and the Government of the US on Technology Safeguards Associated with United States Participation in Space Launches from Australia entered into force on 23 July 2024. This followed a recommendation from the Australian Treaties Committee that the international agreement, or treaty, could be ratified, after the signing of the TSA on 26 October 2023. This is a significant development for the Australian space sector.
The TSA is an agreement between the US and Australia, another Missile Technology Control Regime (MTCR) Partner country, and it establishes the legal and technical safeguards needed to support the launch of US-licensed space launch? Vehicles (SLVs) and US-licensed satellites from the territory of Australia and ensures the effective handling of sensitive US technology and data. A TSA is required to permit launches of civil SLVs from Australia.
The signing of the TSA has the potential to enable and catalyse new commercial opportunities for US and Australian entities in relation to launch and satellite technologies.
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If you would like more information on any topics in this Regulatory Briefing, please contact [email protected]