The following agreed definitions constitute an
integral part of the Memorandum of Agreement between the Government of the
United States of America and the Government of the People's Republic of China
Regarding International Trade in Commercial Launch Services of March 13, 1995.
"Commercial space launch services" means
commercially offered or provided services to launch into space any spacecraft
or satellite, including but not limited to communications satellites, for an
international customer. All types or classes of launch vehicles that may be
used by a Chinese space launch service provider to provide commercial space
launch services are subject to this Agreement.
"PRC space launch service providers" means
any PRC entity, or agent or instrumentality acting on its behalf, permitted by
the government of the People's Republic of China to provide commercial space
launch services or the space launch vehicles for such services.
"International customer" refers to the
any person, or any kind of corporation,
company, association, venture, partnership, or other entity, whether or not
organized for pecuniary gain, or privately or governmentally owned or
controlled other than those institutions or entities which are owned or
controlled by PRC nationals and provide telecommunications services primarily
to the Chinese domestic market; or
any governmental body, excluding the
Government of the United States of America and the Government of the People's
Republic of China; or
any international organization or
quasi-governmental consortium, including but not limited to INTELSAT,
INMARSAT, or their respective legal successors;
which is the ultimate owner or operator of a
spacecraft or satellite or which will deliver a space craft or satellite to
orbit for use by such ultimate owner or operator.
"Commitment" means any agreement by an
international customer with a provider of commercial launch services to launch
a principal payload, which effectively removes the launch from international
commercial competition. The term "commitment" does not include reservation
"Commitment" commercial space launch
services" means commercial space launch services offered to launch a spacecraft
of the weight class that is the subject of a launch competition, sole source or
directed procurement, taking into consideration relevant factors that may be
considered when evaluating the prices, terms and conditions of such services,
including, but not limited to, such factors as intended orbit, risk management,
financing, satellite lifetime on orbit and integration costs.
"Government inducements" with respect to a
particular launch services transaction include, but are not limited to,
unreasonable political pressure, the provision of any resources of commercial
value unrelated to the launch service competition and offers of favorable
treatment under or access to defense or national security policies or programs,
development assistance policies or programs, and general economic policies or
programs (e.g., trade, investment, debt, or foreign exchange policies).
"Unfair business practices" means the
making of any offer, payment, promise to pay, promise or offer of anything of
value or the authorization of the payment of anything of value, or any promise
to make such payment, to any official, individual, or any other entity for the
purpose of obtaining or retaining business for or with or directing business
to, any person, including making payment to a person while knowing that all or
a portion of the payment to a person while knowing that all or a portion of the
payment will be offered, given or promised, directly or indirectly, to any
official, individual or any other entity for the purposes of obtaining or
"Geosynchronous earth orbit" means an orbit
approximately 19,400 nautical miles (35,900 kilometers) above the surface of
the earth at the equator in which a payload completes on earth orbit in a
24-hour period, holding a fixed position above the earth.
"Geosynchronous transfer orbit" means a
temporary orbit used to reposition a spacecraft or satellite into a
geosynchronous earth orbit.
"Low earth orbit" means, for purposes of
this agreement, any orbit below geosynchronous earth orbit.
"Principal payload" means a telecommunications
satellite, or, in the absence of a telecommunications satellite, any other
spacecraft or combination of spacecraft.
"Sole source or directed procurement"
means any agreement where the launch services customer does not hold a
competition and selects a supplier with whom to negotiate a launch services
A "new type of launch vehicle" must have
significantly higher risk for the first launch than other launch vehicles
already in production in order to qualify for a "test flight" price.
Significantly higher risk results only from major changes to high-risk systems
such as the propulsion or avionics systems. Accordingly, a "new type of launch
vehicle" is one in which a majority of the primary systems (e.g. propulsion,
end-to-end avionics, primary structure) and a majority of the component
subsystems (e.g. strap-on boosters, guidance package, interstage adaptor) have
been redesigned or significantly modified, resulting in a new untested
capability not previously available on that vehicle. Minor vehicle
enhancements, such as an enlarged fairing, upgraded software, extended
propellant tanks, a modified payload or interstage adaptor, or a slightly
modified electrical system would not by themselves represent a redesign or a
significant modification for purposes of determining a new vehicle.