Chapter VI. Main Directions of Commercialization and Commercial Space Activity. Specific Features of Economic Relations.
Article 12. Main Directions of Commercialization and Commercial Space Activity
Main directions of space activity
commercialization are:
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leasing of separate elements of space
infrastructure objects not used in the interests of defense and the Federal
Space Program to non-state organizations on certain terms and conditions;
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realization of commercial space projects
including those with participation of state owned organizations;
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commercial transactions with separate types
of space products not used in the interests of defense;
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commercial forms of introduction of
scientific technological achievements and technologies in sectors of the
national economy without any damage to security of the Russian Federation;
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activity in the world market of space
products.
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Article 13. Directions of Foreign Economic Commercial Activity in the Field of
Exploration and Use of Space
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Foreign economic activity in the field of
exploration and use of space on international agreements and contracts
include:
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sales of non-military space means and space
technologies developed and manufactured on commercial space projects;
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commercial use including leasing of elements
of the Russian industrial, ground test, simulation and training facilities of
the rocket and space industry not used in the interests of defense and
security of the Russian Federation;
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performing scientific research and
development activities on foreign purchase orders;
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manufacture of commercial space equipment on
foreign purchase orders;
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performing design, assembly, adjustment and
other activities on the commercial basis within the framework of joint
programs and foreign projects;
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rendering commercial services on the
preparation and launch of foreign spacecraft and on in-flight control;
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rendering commercial services on the
training and flight of foreign astronauts and tourists aboard Russian
spacecraft and orbiting stations;
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intake of rocket and space industry
specialists on the commercial basis for activities abroad on joint projects
as agreed with the Federal Executive Body for Security in accordance with the
procedure established by this Body.
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2.
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An expert conclusion of Federal Executive
Bodies for Space Activity and Defense is necessary for performing foreign
economic commercial activity in the field of exploration and use of space by
Russian legal entities and natural persons.
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3.
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Foreign economic commercial activity in the
field of exploration and use of space allows participation of Federal
Executive Bodies for Space Activity and Defense in the activities of
specialized international space organizations and enterprises in the form of:
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investing money in their projects with the
aim to gain revenues;
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rendering services to these organizations
and enterprises on the development and purchase of space equipment, its
launch and operation.
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Foreign economic space activity shall be
performed in compliance with the legislation of the Russian Federation,
international agreements of the Russian Federation and foreign trade
contracts.
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4.
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Legal regime of foreign legal entities and
natural persons participating in commercial activity, including foreign
economic activity, of the Russian Federation in the field of exploration and
use of space is governed by the Russian Federation law.
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Article 14. Property Rights
Right of property for space equipment, results
of space activity and space technologies developed during realization of
commercial space projects including those international at the expense of
Russian legal entities and natural persons, and on budgetary funds belongs on a
shared basis to these Russian legal entities and natural persons.
The Russian Federation represented by the
Council of Ministers delegates its right of possession, disposal and use of
state property created during realization of commercial space projects to the
Federal Executive Body for Space Activity, Federal Executive Body for Defense
and other Federal Executive Bodies concerned, and the Russian Academy of
Sciences that participate in the realization (financing, provision of other
resources) of commercial space projects on a shared basis.
Article 15. Realization of Property Right in Space Means
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The Russian Federation grants the Russian
and foreign legal entities and natural persons the right of leasing on a contractual
basis or the right of purchase of non-military space means on terms and
conditions to be specified by the Federal Executive Body for Space Activity
and agreed upon with the Federal Executive Body for State Property
Management. Procedures for leasing and purchase of dual-use space means by
Russian legal entities and natural persons are specified by the Federal
Executive Body for Defense, the Federal Executive Body for State Property
Management and the Federal Executive Body for Space Activity. In signing
contracts for leasing of space means, preference shall be given to Russian
organizations and natural persons provided that foreign organizations and
natural persons do not offer more favorable terms and conditions of the
contract.
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2.
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State owned space means removed from
operation can be sold or given on lease to Russian or foreign organizations
provided that it is not in conflict with national security of the Russian
Federation and international agreements of the Russian Federation.
Legal entities operate commercial space
means on a contractual basis.
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3.
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Russian legal entities and natural persons
have right of priority to take on lease or purchase commercial space means
developed within the framework of Federal Space Programs.
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Space hardware and its elements manufactured
abroad and designed for launch in space are transferred to the territory of
the Russian Federation on the temporary import basis.
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Article 16. Sales and Transfer of Space Products and Results of Intellectual
Activity
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Space products shall be sold and transferred
with security of the Russian Federation taken into account and in compliance
with international agreements and obligations of the Russian Federation.
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Space products and results of intellectual
activity of state owned organizations, as well as space products developed
within commercial projects shall be sold and transferred to other Russian
organizations by the owners of these products on a contractual basis in line
with the existing laws. The contract price shall include reimbursement of the
agreed upon part of state expenses for the development, depreciation and
deterioration of space means and space infrastructure objects as well as
other costs directly related to purchase orders of space product users.
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3.
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Space products, including space technologies
and results of intellectual activity, generated by state owned organizations
shall be sold to commercial organizations and persons without any
discrimination for a negotiated price that takes into account the situation
in the Russian and world markets of space products.
Terms and conditions of the use of legally
protected space technologies shall be in line with Russian Federation laws
and standard legal acts.
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4. Article 17. Financial Sources and Conditions for Commercial Space Activity
1.
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Commercial space activity shall be finances
from the following sources:
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non-budgetary funds of development and
utilization of space technology in scientific, social and economic purposes
that are formed by the Federal Executive Body for Space Activity and other
Federal executive bodies;
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Russian Space Fund;
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investments of Russian and joint commercial
organizations, and people of the Russian Federation;
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foreign state investments;
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investments of foreign commercial organizations
and citizens;
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financial budgetary appropriations specially
indicated in the amount assigned for the Federal Space Program when space
activity is performed on the state and commercial basis.
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2.
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The amount of appropriations for commercial
space activity carried out on the state and commercial basis is indicated in
the Federal Budget Law for the appropriate fiscal year in the list of Federal
purpose-oriented programs which is formed by the Federal Executive Body for
Space Activity and other Federal executive bodies.
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3.
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Commercial space projects shall be realized
in accordance with provisions of the Federal Law on Deliveries of Products
for Federal State Needs and other standard legal acts and documents specified
in agreements and contracts.
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