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

Commercial Space Guidelines

(1) The fundamental goal of U.S. commercial space policy is to support and enhance U.S. economic competitiveness in space activities while protecting U.S. national security and foreign policy interests. Expanding U.S. commercial space activities will generate economic benefits for the Nation and provide the U.S. Government with an increasing range of space goods and services.
(2) U.S. Government agencies shall purchase commercially available space goods and services to the fullest extent feasible and shall not conduct activities with commercial applications that preclude or deter commercial space activities except for reasons of 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.
(3) The United States will pursue its commercial space objectives without the use of direct Federal subsidies. Commercial Sector space activities shall be supervised or regulated only to the extent required by law, national security, international obligations and public safety.
(4) To stimulate private sector investment, ownership, and operation of space assets, the U.S. Government will facilitate stable and predictable U.S. commercial sector access to appropriate U.S. Government space-related hardware, facilities and data. The U.S. Government reserves the right to use such hardware, facilities and data on a priority basis to meet national security and critical civil sector requirements. Government Space Sectors shall:
(a) 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.
(b) Identify, and propose appropriate amendments to or the elimination of, applicable portions of United States laws and regulations that unnecessarily impede commercial space sector activities.
(c) Consistent with national security, provide for the timely transfer of government-developed space technology to the private sector in such a manner as to protect its commercial value, including retention of technical data rights by the private sector.
(d) To the extent feasible, pursue innovative methods for procurement of space products and services.
(5) Free and fair trade in commercial space launch services is a goal of the United States. In support of this goal, the United States will implement, at the expiration of current space launch agreements, a strategy for transitioning from negotiated trade in launch services towards a trade environment characterized by the free and open interaction of market economies. The U.S. Trade Representative, in coordination with the Office of Science and Technology Policy and the National Economic Council, will develop a strategy to guide this implementation.
(6) Consistent with Executive Order 12046 and applicable statutes, U.S. Government agencies and departments will ensure that U.S. Government telecommunications policies support a competitive international environment for space-based telecommunications.

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