For the purposes of this Agreement:
"Commercial space launch services" means
the commercially offered or provided services to launch into space any
spacecraft or satellite, including but not limited to communications
satellites, for an international customer.
"Ukrainian space launch services provider"
means any legal entity, or agent or representative acting on its behalf, which
is permitted by Ukraine to provide commercial space launch services or space
launch vehicles for such services.
"Integrated space launch services provider"
means a joint venture that includes Ukrainian and U.S. companies and provides
commercial space launch services or commercial space launch vehicles through
implementation of joint projects in the field of rocket and space technology
where the financing for such projects comes from investments, commercial loans,
and other means. In this joint venture: a) the venture receives a commercial
launch license issued by the U.S. Department of Transportation; b) the U.S.
partner maintains a significant equity interest in, and control in fact of the
joint venture and the United States is the source of a significant share of the
goods and services employed by the joint venture in any space launch; c) a
majority of the goods and services utilized by the joint venture in any space
launch have their origin in market-economy countries. Determination of a
qualifying joint venture must be agreed upon by both Parties.
"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
any governmental body or entity, excluding
the United States and Ukraine; or
any international organization or
quasi-governmental consortium, including but not limited to INTELSAT,
INMARSAT, and their respective legal successors, which is the ultimate owner
or operator of a spacecraft or satellite or that will deliver the spacecraft
or satellite to orbit for use by such ultimate owner or operator.
"Contract" means (i) to agree or commit to
the provision of commercial space launch services such that a launch is
effectively removed from competition in the international market, or (ii) any
such agreement or commitment. (The term "contract" applies to any agreements
signed calling for the lease of a satellite-on-orbit. It does not include
"Comparable 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 price, terms and conditions of such services,
including, but not limited to, intended orbit, risk management, financing,
satellite lifetime on orbit, and integration costs.
"Inducements" with respect to particular
launch services transactions 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 and national security polices and programs,
development assistance policies and programs, and general economic policies and
programs (e.g., trade, investment, debt, and foreign exchange policies).
"Impermissible business practices" means
the making of any offer; payment; promise to pay; promise to offer anything of
value or to authorize 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 will be offered, given or promised, directly or
indirectly, to any official, individual or any other entity for the purposes of
obtaining or retaining business.
"Geosynchronous earth orbit" means on orbit
approximately 19,400 nautical miles (35,900 kilometers) above the surface of
the earth at the equator in which a payload completes one 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 any orbit below
geosynchronous orbit or below geosynchronous transfer 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
"LEO single launch" means a launch to low
earth orbit, which would not include launches that are part of the initial
deployment of a LEO satellite constellation.