(8) Memorandum of Agreement on Liability for Satellite
Launches between the Government of the United States of America and the
Government of the People's Republic of China(Signed on December 17, 1988,
Proclaimed on March 16, 1989)
The Government of the United States of America
and the Government of the People's Republic of China (hereinafter the "Parties"),
Noting the intention of the People's Republic
of China to proceed promptly to become a party to the Convention on
International Liability for Damage Caused by Space Objects, which entered into
force on September 1, 1972 (hereinafter the "Liability Convention"),
Have agreed as follows:
Article 1
This Memorandum of Agreement applies to the
AUSSAT satellites and ASIASAT satellite and their launch by the People's
Republic of China.
Article 2
Subject to Article 4 below, the Parties agree
that, as between them, the Government of the People's Republic of China assumes
and shall compensate the Government of the United States of America for any and
all amounts for which the Government of the United States of America may be
liable under the Liability Convention; the Treaty on Principles Governing the
Activities of States in the Exploration and Use of Outer Space, including the
Moon and Other Celestial Bodies, which entered into force on October 10, 1967;
or any other applicable international law.
Article 3
In the event that a claim for compensation for
damage within the scope of Article 2 above is brought against the Government of
the United States of America, the Government of the United States of America,
as soon as practicable after receiving notice of such claim, shall notify the
Government of the People's Republic of China thereof.
Article 4
1.
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The Government of the United States of
America shall not make any settlement with any such claimant without full
consultation with the Government of the People's Republic of China.
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2.
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In the event that the Government of the People's
Republic of China objects to the terms of a proposed settlement between the
Government of the United States of America and any such claimant, the
Government of the People's Republic of China shall not be obligated to
compensate the Government of the United States of America with respect to
such claim unless the Government of the United States of America first
submits the claim to a claims commission as provided for in the Liability
Convention, or, if the claim brought against the Government of the United
States of America is not based on the Liability Convention, to a claims
commission whose procedures accord with the procedures in Articles XIV
through XX thereof. In this event, the Government of the People's Republic of
China shall compensate the Government of the United States of America for any
settlement of such claim up to the amount recommended by the claims
commission. Subject to Articles XV, XVI, and XVII of the Liability Convention
with respect to failure to select a commission member, selection of members
by the Government of the United States of America shall require prior
consultation with, and the approval of, the Government of the People's
Republic of China.
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Article 5
The Government of the People's Republic of
China shall provide to the Government of the United States of America, at the
latter's request, all information and cooperation necessary for the defense of
any such claim against the Government of the United States of America.
Article 6
Disputes relating to the interpretation or
application of this Memorandum of Agreement shall be resolved through
consultations between the Parties, or through any other means agreed by the
Parties.
Article 7
This Memorandum of Agreement shall enter into
force upon notification by the Government of the United States of America to
the Government of the People's Republic of China that a license for the export
of the ASIASAT or AUSSAT satellites to the People's Republic of China for
launch therein has been approved.
IN WITNESS WHEREOF, the undersigned, being
duly authorized by their respective governments, have signed this Memorandum of
Agreement.
DONE at Washington in duplicate, in the
English and Chinese languages, both texts being equally authentic, this 17 day
of December, 1988.
FOR THE GOVERNMENT OF THE UNITED STATES OF
AMERICA:
FOR THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF
CHINA:
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