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

VIII. Consultations

1.

The Parties will consult annually with respect to the obligations in this Agreement and related matters, including the nature and extent of direct and indirect government support provided to commercial space launch services providers and developments in the international market for commercial space launch services.


2.

In addition, each Party undertakes to enter into special consultations within thirty (30) days of a request by the other Party to discuss matters of particular concern. In particular, special consultations will be held to review the situation in which there is an absence of Western launch availability due to full manifests or launch failures during the required launch period (generally within three (3) months before and after the preferred launch date), if Ukraine has reached the limitation set out in Article V (1). If information is provided which verifies, to the satisfaction of the United States, that the situation described above exists, the United States may increase the quantitative limits on available launches established under Article V (1) to permit the satellite to be placed on a Ukrainian launch vehicle manifest for launch.


3.

The United States and Ukraine agree to work toward a common understanding of the application of market principles to prices, terms, and conditions of commercial space launch services for international customers.


4.

To facilitate the annual consultations, the United States and Ukraine agree to exchange information as follows:

(a)

The United States shall each year in advance of such consultations provide to Ukraine such publicly releasable information as it possesses with respect to prices, terms and conditions prevailing in the international market for commercial space launch services. Ukraine may request that the United States provided additional publicly releasable information with respect to international prices, terms and conditions, and may in addition request U.S. views regarding prevailing international market conditions and likely future developments, as well as government supports or inducements. The United States shall respond to such requests within thirty (30) days. If such information cannot be provided directly because of business confidentiality, the United States shall provide such information in summary form.

(b)

Ukraine shall in advance of such consultations provide comprehensive information to the United States regarding prices, terms, and conditions offered by Ukrainian space launch services providers or integrated space launch services providers for the launch of principal payloads. The United States may request additional information with respect to the prices, terms, and conditions offered by Ukrainian space launch services providers or integrated space launch services providers and any government supports or inducements. Ukraine shall respond to such requests within thirty (30) days. If such information cannot be provided directly because of business confidentiality, Ukraine shall provide such information in summary form.

(c)

The United States and Ukraine shall also provide each year, in advance of annual consultations, information on a connoneated basis concerning the commitments their space launch service providers have undertaken to provide commercial space launch services for international customers. This information may be made publicly available.


5.

If a launch of a satellite for an international customer which is subject to the terms of this Agreement will not be performed as scheduled, Ukraine shall notify the United States regarding the reasons for the delay and the new date for the launch as soon as possible.


6.

If, after consultations provided for under this Article, either Party determines that the provisions of this Agreement have been violated by the other Party, each Party reserves its right to take any action permitted under its national laws and regulations.



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