Space Law TOP
Contents Intoroduction Preliminaries Chapter 1 Chapter 2
Chapter 3 Chapter 4 Appendix Index

II. Definitions

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 following:


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; 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 reservation agreements.)


"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 contract.


"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.

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