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

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:

-

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;

-

realization of commercial space projects including those with participation of state owned organizations;

-

commercial transactions with separate types of space products not used in the interests of defense;

-

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;

-

activity in the world market of space products.

Article 13. Directions of Foreign Economic Commercial Activity in the Field of Exploration and Use of Space

1.

Foreign economic activity in the field of exploration and use of space on international agreements and contracts include:

-

sales of non-military space means and space technologies developed and manufactured on commercial space projects;

-

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;

-

performing scientific research and development activities on foreign purchase orders;

-

manufacture of commercial space equipment on foreign purchase orders;

-

performing design, assembly, adjustment and other activities on the commercial basis within the framework of joint programs and foreign projects;

-

rendering commercial services on the preparation and launch of foreign spacecraft and on in-flight control;

-

rendering commercial services on the training and flight of foreign astronauts and tourists aboard Russian spacecraft and orbiting stations;

-

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.

2.

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.

3.

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:

-

investing money in their projects with the aim to gain revenues;

-

rendering services to these organizations and enterprises on the development and purchase of space equipment, its launch and operation.

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.

4.

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.

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

1.

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.

2.

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.

3.

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.

4.

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.

Article 16. Sales and Transfer of Space Products and Results of Intellectual Activity

1.

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.

2.

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.

3.

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.

4. Article 17. Financial Sources and Conditions for Commercial Space Activity

1.

Commercial space activity shall be finances from the following sources:

-

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;

-

Russian Space Fund;

-

investments of Russian and joint commercial organizations, and people of the Russian Federation;

-

foreign state investments;

-

investments of foreign commercial organizations and citizens;

-

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.

2.

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.

3.

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.



BACK Japanese