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

Commercial Space Sector Guidelines

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NASA, and the Departments of Commerce, Defense, and Transportation will work cooperatively to develop and implement specific measures to foster the growth of private sector commercial use of space. A high-level focus for commercial space issues has been created through establishment of the National Space Council.

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To stimulate private sector investment, ownership, and operation of space assets, the United States Government will facilitate private sector access to appropriate U.S. space-related hardware and facilities, and encourage the private sector to undertake commercial space ventures. Governmental Space Sectors shall:

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Utilize commercially available goods and services to the fullest extent feasible, and avoid actions that may preclude or deter commercial space sector activities except as required by national security or public safety. A space good or service is "commercially available" if it is currently offered commercially, or if it could be supplied commercially in response to a government service procurement request. "Feasible" means that such goods or services meet mission requirements in a cost-effective manner.

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Enter into appropriate cooperative agreements to encourage and advance private sector basic research, development, and operations while protecting the commercial value of the intellectual property developed;

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Provide for the use of appropriate Government facilities on a reimbursable basis;

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Identify, and eliminate or propose for elimination, applicable portions of United States laws and regulations that unnecessarily impede commercial space sector activities;

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Encourage free and fair trade in commercial space activities. Consistent with the goals, principles, and policies set forth in this directive, the United States Trade Representative will consult, or, as appropriate, negotiate with other countries to encourage free and fair trade in commercial space activities. In entering into space-related technology development and transfer agreements with other countries, Executive Departments and agencies will take into consideration whether such countries practice and encourage free and fair trade in commercial space activities.

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Provide for the timely transfer of Government-developed space technology to the private sector in such a manner as to protect its commercial value, consistent with national security.

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Price Government-provided goods and services consistent with 0MB Circular A-25.



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