4-2-2-15 AGREEMENT BETWEEN THE UNITED STATES AND UKRAINE REGARDING INTERNATIONAL TRADE IN COMMERCIAL SPACE LAUNCH SERVICES, WITH PROTOCOL, ANNEX AND EXCHANGE OF LETTERS (Signed at Washington February 21, 1996. Entered into force February 21, 1996.)

III. Scope

1.

This Agreement applies to commercial space launch services for an international customer for launches to geosynchronous earth orbit (GEO), to geosynchronous transfer orbit (GTO), and to low earth orbit (LEO).

2.

This Agreement covers commercial launches using the Zenit and Tsyklon launch vehicles and their upgrades.

3.

Nothing in this Agreement, however, applies to launches of payloads for military purposes or for use in the non-commercial, civilian space programs of either Party which are executed in accordance with existing cooperative agreements.

4.

This Agreement also applies to the lease of a satellite on orbit. Any satellite launched by a Ukrainian space launch services provider or an integrated space launch services provider that is entirely leased on orbit to international customers (pursuant to a commitment between the provider and such customers) represents a launch of a principal payload for purposes of this Agreement. If not entirely leased on orbit to international customers, such a satellite may represent a launch of a principal payload if the satellite's capacity is primarily leased to international customers, depending upon the circumstances and facts of a particular case.