Space law : selected basic documents : staff report

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Title:
Space law : selected basic documents : staff report
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iii, 464 p. : ; 24 cm.
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English
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United States -- Congress. -- Senate. -- Committee on Aeronautical and Space Sciences
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U.S. Govt. Print. Off.
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Washington
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Subjects / Keywords:
Space law   ( lcsh )
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federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

Bibliography:
Bibliography: p. 463-464.
Additional Physical Form:
Also available in electronic format.
General Note:
CIS Microfiche Accession Numbers: CIS 77 S122-3
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Reuse of record except for individual research requires license from Congressional Information Service, Inc.
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Issued Dec. 30, 1976.
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At head of title: 94th Congress, 2d session. Committee print.
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Reuse of record except for individual research requires license from LexisNexis Academic & Library Solutions.
General Note:
"80-608 O"
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"December 30, 1976."
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"Printed for the use of the Committee on Aeronautical and Space Sciences."
Statement of Responsibility:
prepared for the use of the Committee on Aeronautical and Space Sciences, United States Senate.

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University of Florida
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All applicable rights reserved by the source institution and holding location.
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aleph - 022414132
oclc - 03167139X
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ddc - 341.4/7
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AA00025891:00001

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94th CogeSCOMMITTEE PRINT 2d Sessions










SPACE LAW

Selected Basic Documents







STAFF REPORT

PREPARED FOR THlE USE OF THE

COMMITTEE ON AERONAUTICAL AND

SPACE SCIENCES

UNITED STATES SENATE














DECEMBER 30, 1976







Printed for the use of the Committee on Aeronautical and Space Sciences


U.S. GOVERNMENT PRINTING OFFICE 80-60 0 WASHINGTON : 1976





























COMMITTEE ON AERONAUTICAL AND SPACE SCIENCES
FRANK E. MOSS, Utah, Chairman STUART SYMINGTON, Misouri BARRY GOLDWATER, Arizona
JOHN C. STENNIS, Mississippi PETE V. DOMENICI, New Mexico
HOWARD W. CANNON, Nevada PAUL LAXALT, Nevada
WENDELL H. FORD, Kentucky JAKE GARN, Utah
DALE BUMPERS, Arkansas GILBERT W. KEYES, Staff Director JAMES T. BRUCE, Professional Staff Member JAMES J. GEHRIG, Professional Staff Member CRAIG M. PETERSON, Chief Clerk/Counsel JOSEPH L. PLATT, Assistant Chief Clerk WILLIAM A. SHUMANN, Professional Staff Member CRAIG VORHEES, Professional Staff Member Dr. GLEN P. WILSON, Professional Staff Member EILENE GALLOWAY, Consultant
CHARLES F. LOMBARD, Minority Counsel EARL D. EISENHOWER, Professional Staff Member, Minority

(II)












CONTENTS


Page
Introduction by Senator Frank E. Moss___ --------------------------- I
Treaty Banning Nuclear Weapon Tests in the Atmosphere, In Outer Space
and Under Water (October 10, 1963) 3
Ratifications- 9
Treaty on Principles Governing the Activities of States in the Exploration
and Use of Outer Space, Including the Moon and Other Celestial
Bodies (October 10, 15
Ratifications- 27
Agreement on the Rescue of Astronauts, the Return of Astronauts and the
Return of Objects Launched into Outer Space (December 3, 1968) ------- 29
Ratifications -------------------------------------------------- 36
Convention on International Liability for Damage Caused by Space
Objects (October 911973) 39
Ratifications 55
Convention on Registration of Objects Launched into Outer Space
(September 15, 57
61
International Telecommunications Satellite Organization (INTELSAT)
(February 63
63
Operating 142
178
European Space Agency (May 30, 183
Convention for the Establishment of a European Space Agency 184
Final Act of the Conference of Plenipotentiaries for the Establishment
of a European Space 236
International Telecommunication Convention and Radio Regulations---- 249
International Telecommunication Convention Excerpt on Composition, Purposes and 250
Radio Regulations (Direct Broadcast 257
341
387
Arab Corporation for Space Communications (June 20, 1976) ------------- 399
U.S. National Space Legislation and 417
National Aeronautics and Space Act of 1958, as amended- 417
Communications Satellite Act of 1962, as amended---------------- 437
NASA International Programs: Values '. Objectives and Guidelines---- 449
Launch Assistance to Other Countries and International Organiza450
Examples of Memoranda of Understanding 451
NASA and Brazil ------------------------------------------ 451
NASA and Italy----- 458
Previous Staff Reports concerning Intern,'LtiODal Space Activities -------- 463 (III)














SPACE LAW

SELECTED BAsic DOCUMENTS
INTRODUCTION
The Committee on Aeronautical and Space Sciences has been concerned with the development of space law since satellites were, first orbited and there was recognition that legal problems would arise as a result of the, use and exploration of outer space. In exercising its jurisdiction under the Senate. rules "1 .. to survey and review, and to prepare studies and reports upon, aeronautical and space activities of aill agencies of the United States ..",the Committee has kept abreast of the progress made. in this field.
The first study, Space Law, was initiated in 19158 by Senator Lyndon B. Johnson who was the chairman of the Senate Special Committee on Space and Astronautics, the immediate. predecessor of the Senate Committee on Aeronautical and Space Sciences. So great was the worldwide demand for this publication that. a second symposium was published in 1961 on Legal Problems of Space Exploration, a document which reveals the extent and depth of analysis concerned with the establishment of an international legal regime devoted to the encouragement of peaceful purposes, and the avoidance of harmful consequences., resulting from the variety of uses of the space environment. Both studies were edited by Eilene Galloway, Special Consultant to the Committee.
Space activities have brought about a high degree of cooperation among nations, a development which strengthens the conditions for world peace. Through the years, this Committee has also surveyed and made available to the Sen'ate and the public the developing patterns of international cooperation on outer space activities. The strength of the 1U.S. space program was developed in accordance with the 'National Aeronautics and Space Act of 19,58. which requires the United States to be "a, leader in aeronautical and space science and technology and in the application thereof to the conduct of peaceful activities within and outside the atmosphere." This strength has been essential in providing the means and methods which foster international cooperation. One has only to note that NASA has had in excess of 800 cooperative space agreements with other countries to realize the opportunities afforded by space science and technology in bringing people and nations together for mutually advantageous purposes. e
The climate of international opinion which developed in connection with the progress of space activities helped to form the basis for cooperation in the, United Nations where the Committee on the Peacefuil U-ses of Outer Space, and particularly its Legral Subcommittee. were charged with the responsibility of -drafting treaties to guide
(1)





2

States in the conduct of their space activities. The texts of space treaties were attained by consensus rather than by voting, and this unanimity of agreement formed a solid foundation for the developing regime of international space law. Efforts are continuing in the Legal Subcommittee to keep international law abreast and foresightedly ahead of space science and technology.
As legal developments occur in the United Nations and elsewhere, there is a need to know what has been accomplished and what remains to be done. As new legal issues arise, it is necessary to ensure that the total body of space law is harmonious and avoi(ds internal conflicts. Space law, whether national or international, has been developing step by step over a period of some 18 years and can be expected to continue this pattern in order to meet the demands of new space applications.
The purpose of this collection is to provide the texts of existing basic documents so that those responsible for formulating legal principles to guide States in the conduct of future space activities will be assisted in constructing' a consistent body of international space law. The document should also be of assistance to those who wish to study the progress that has been made since the beginning of the space age.
Senator FRANK E. Moss,
Chairman.


















MULTILATERAL

Treaty Banning Nuclear Weapon Tests in the Atmosphere,
in Outer Space and Under Water

Done at Moscow August 5, 1963; Ratification advised by the Senate of the United States of America
September 24, 1963;
Ratified by the President of the United States of America October 7,
1963;
Ratifications of the Governments of the United States of America,
the United Kingdom of Great Britain and Northern Ireland, and the Union of Soviet Socialist Republics deposited with the said Governments at Washington, London, and Moscow
October 10, 1963;
Proclaimed by the President of the United States of America October 10, 1963;
Entered into force October 10, 1963.
(3)





































BY THE PRESIDENT OF THE UNITED STATES OF AMERICA


A PROCLAMATION


WHEREAS the Treaty banning nuclear weapon tests In the

atmosphere, in outer space and under water was signed at Moscow on August 5, 1963 by the respective plenipotentiaries of the United States of America, the United Kingdom of Great Britain and Northern Ireland, and the Union of Soviet Socialist Republics, and was thereafter opened to other States for signature at

Washington, London, and Moscow;

WHEREAS the text of the Treaty, in the English and Russian languages, as certified by the Department of State of the United States of America, is word for word as follows:















T R E A T Y
banning nuclear weapon tests in the atmosphere, in outer space and under water


The Governments of the United States of America, the
United Kingdom of Great Britain and Northern Ireland, and the Union of Soviet Socialist Republics, hereinafter referred to as the "Original Parties",

Proclaiming as their principal aim the speediest
possible achievement of an agreement on general and complete disarmament under strict international control in accordance with the objectives of the United Nations which would put an end to the armaments race and eliminate the incentive to the production and testing of all kinds of weapons, including nuclear weapons,

Seeking to achieve the discontinuance of all test
explosions of nuclear weapons for all time, determined to continue negotiations to this end, and desiring to put an end to the contamination of man's environment by radioactive substances,

Have agreed as follows:

Article I

1. Each of the Parties to this Treaty undertakes to prohibit, to prevent, and not to carry out any nuclear weapon test explosion, or any other nuclear explosion, at any place under its jurisdiction or control:

(a) in the atmosphere; beyond its limits, including
outer space; or underwater, including territorial waters or high seas; or
















(b) in any other environment-if such explosion causes radioactive debris to be present outside the territorial limits ofthe State under whose jurisdiction or control such explosion is conducted. It is understood in this connection that the provisions of this subparagraph are without prejudice to the conclusion of a treaty resulting in the permanent banning of all nuclear test explosions, including all such explosions underground, the conclusion of which, as the Parties have stated in the Preamble to this Treaty, they seek to achieve.

2. Each of the Parties to this Treaty undertakes
furthermore to refrain from causing, encouraging, or in any way participating in, the carrying out of any nuclear weapon test explosion, or any other nuclear explosion, anywhere which would take place in any of the environments described, or have the effect referred to, in paragraph 1 of this Article.

Article II

1. Any Party may propose amendments to this Treaty. The text of any proposed amendment shall be submitted to the Depositary Governments which shall circulate it to all Parties to this Treaty. Thereafter, if requested to do so by one-third or more of the Parties, the Depositary Governments shall convene a conference, to which they shall invite all the Parties, to consider such amendment.

2. Any amendment to this Treaty must be approved by a majority of the votes of all the Parties to this Treaty, including the votes of all of the Original Parties. The amendment shall enter into force for all Parties upon the


















deposit of instruments of ratification by a majority of all
the Parties, including the instruments of ratification of
all of the Original Parties.


Article III

1. '.his Treaty shall be open to all States for
signature. Any State which does not sign this Treaty before
its entry into force in accordance with paragraph 3 of this
Article may accede to it at any time.

2. This Treaty shall be subject to ratification by
siGnatory States. Instruments of ratification and instruments
of accession shall be deposited with the Governments of the
Original Parties -- the United States of America, the United Kingdom of Great Britain and Northern Ireland, and the Union of Soviet Socialist Republics which are hereby designated
the Depositary Governments.

3. This Treaty shall enter into force after its
ratification by all the Original Parties and the deposit of
their instruments of ratification.

4. For States whose instruments of ratification or
accession are deposited subsequent to the entry into force
of this Treaty, it shall enter into lorce on the date of the
deposit of their instruments of ratification or accession.

5. The Depositary Governments shall promptly inform
all signatory and accedinG S$tates of-the (late of each signature, the date of deposit of each instrument of
ratification of and accession to this Treaty, the date of
its entry into force, an'a the date of receipt of any requests
for conferences or other notices.
b. This Treaty shall be registered by the depositary
Governments pursuant to Article 102 of the charter of the
United Nations,





Is H


1TS 993, 59 Stat. 1052.














Article IV
This Treaty shall be of unlimited duration.

Each Party shall in exercising its national sovereigntyhave the right to withdraw from the Treaty if it decides that
extraordinary events, related to the subject matter of this
Treaty, have jeopardized the supreme interests of its country.
It shall give notice of such withdrawal to all other Parties
to the Treaty three months in advance.

Article V

'2his Treaty, of which the English and Russian texts are
equally authentic, shalj.l be deposited in the archives of the
Depositary Governments. Duly certified copies of this Treaty shal
be transmitted by the DLepositary Governments to the Governments
of the signatory and acceding States.

IN WITNESS WHEREOF the undersigned, duly authorized, have
signed this Treaty.

DON~E in triplicate at the city of Moscow the fifth
day of August ,one thousand nine A2undred and
sixty-three.



For the Government For the Government ror the Governmnt
of theUnited States of the United i&ingdom of the Union of
of America of Great Britain and Soviet Socialist
I' orthern Ireland republics




9



Signatures and ratifications deposited to the Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and Under Water. Entered into force October 10, 1963.

Signatures" Ratifications deposited*"
Afghanistan March 12, 1964 L
August 8, 1963 WL March 13, 1964 W
August 9, 1968 M March 23, 1964 M
Algeria
August 14, 1963 WL
August 19, 1963 M Argentina
August 8, 1963 W August 9, 1963 L
Australia November 12, 1963 WLIM
August 8, 1963 WLOM
Austria July 17, 1964 WILM
September 11- 1963 WM
September 12, 1963 L
Belgium March 1, 1966 WLM
August 8, 1963 WjLIM
Bolivia August 4, 1965 W
August 8, 1963 W January 25, 1966- L
August 21, 1963 L
September 20, 1963 M
Brazil December 15, 1964 M
August 8, 1963 WL January 15, 1965 W
August 9, 1963 M March 4, 1965 L
Bulgaria November 13, 1963 W
August 8, 1963 WLM November 21, 1963 M
December 2, 1963 L Burma November 15, 1963 WLM
August 14, 1963 WLM Burundi
October 4, 1963 W .1
Byelorussian Soviet Socialist Rep. December 16, 1963- M
October 8, 1963 M Cameroon
August 27, 1963 W
September 6, 1963 L
Canada January 28, 1964 W,LIM
August 8, 1963 WL,M
Ceylon February 5, 1964 W
August 22, 1963 W.L February 12, 1964 M
August 23, 1963 M February 13, 1963 L
Chad March 1, 1965 W
August 26, 1963 W
Chile October 6, 1965 L
August 8, 1963 W
August 9, 1963 LIM
China May 18, 1964 W
August 23, 1963 W
Congo (Kinshasa) October 28, 1965 W
August 9; 1963 WL August 12, 1963 M Colombia
August 16, 1963 WM
August 20, 1963 L
Costa Rica July 10, 1967 W
August 9, 1963 L
August 13, 1963 W August 23, 1963 M
Cyprus April 15, 1965 L
August 8, 1963 WLM April 21, 1965 M
May 7, 1965 W
Czechoslovakia October 14, 1963 L.M
August 8, 1963 WIL:M October 17, 1963 W

*W, L, and M indicate Washington, London, and Moscow.







10



-2

Dahomey December 15, 1964 W
August 27, 1963 W December 23, 1964 m
September 3, 1963 L April 22, 1965 L
Denmark January 15, 1964 WjLM
August 9, 1963 W,L,M
Dominican Republic June 3, 1964 M
September 16, 1963 W June 18, 1964 L
September 17, 1963 -'L July 22, 1964 W
September 19, 1963 M
Ecuador May 6, 1964 W
September 27, 1963 W May 8, 1964 L
October 1, 1963 LM November 13, 1964 M
El Salvador December 3, 1964 W
August 21, 1963 W December 7, 1964 L
August 22, 1963 L February 9, 1965-- M
August 23, 1963 M
Ethiopia
August 9, 1963 ; W,L
September 19, 1963 M
Finland January 9, 1964 W,L,M
August 8, 1963 WL,M
Gabon February 20, 1964 W
September 10, 1963 -W March 4, 1964 L
March 9, 1964 M
German Democratic Rep./ December 30, 1963
August 8, 1963 -M /
Germany, Federal Rep. December 1, 1964 -W,
August 19, 1963 WL,M
Ghana November 27, 1963 L
August 8, 1963 M January 9, 1964 W
August 9, 1963 W May 31, 1965 M
September 4, 1963 L
Greece December 18, 1963 WLjM
August 8, 1963 W
August 9, 1963 LIM
Guatemala January 6, 1964 4/
September 23, 1963 W
Haiti
October 9, 1963 W
Honduras October 2, 1964 W
August 8, 1963 W December 2, 1964 L
August 15, 1963 L August 16, 1963 M
Hungary October 21, 1963 L
August 8, 1963 W,L,M October 22, 1963 -.W
October 23, 1963 M
Iceland April 24, 1964 W,L,M4
August 12, 1963 WIL,MA
Indonesia January 20, 1964 M ; May 8, 1964 L
August 231 1963 WL,M January 27, 1964 W
Iran May 5, 1964 WILIM
Augus: 8, 1963 WILM
Iraq Noveinber.3D, 1964 L
August 13, 1963 W,L,M December 1, 1964 W
December 3, 1964 M
Ire land
August 8, 1963 W,L December 18, 1963 W,L
August 9, 1963 14 December 20, 1963 14
Israel January 15, 1964 WL
August 8, 1963 WLM January 28, 1964 M
Italy December 10, 1964 WLM
August 8, 1963 W,LpM
India October 10, 1963 L
August 8, 1963 WL,M October 14, 1963 M
October 18, 1963 W











-3


Ivory Coast February 5, 1965 W
September 5, 1963 W
Jamaica
August 13, 1963 W,L,M
Japan June 15, 1964 W,L,M
August 14, 1963 WL,M
Jordan May 29, 1964 L
August 12, 1963 WL July 7, 1964 M
August 19, 1963- M July 10, 1964- W
Korea July 24, 1964 W,
August 30, 1963 WL
Kuwait May 20, 1965 -W4
August 20, 1963 WL May 21, 1965 L
June 17, 1965 M
Laos February 10, 1965 L
August 12, 1963 WL,M February 12, 1965 W
April 7, 1965 M
Lebanon May 14, 1965 W
August 12, 1963 W May 20, 1965 L
August 13, 1963 LIM June 4, 1965 M
Liberia May 19, 1964 W
August 8, 1963 W May 22, 1964 L
August 16, 1963 L June 16, 1964 M
August 27, 1963 M
Libya July 15, 1968 L
August 9, 1963 L
August 16, 1963 WM
Luxembourg February 10, 1965 W,LM
August 13, 1963 L
September 3, 1963 W September 13, 1963 M
Madagascar March 15, 1965 W
September 23, 1963 W
Malaysia July 15, 1964 M
August 8, 1963 W July 16, 1964 W,L
August 121 1963 L August 21, 1963 M
Mali
August 23, 1963 WLM
Mauritania April 6, 1964 W
September 13, 1963 W April 15, 1964 L
September 17, 1963 L April 28, 1964 M
October 8, 1963 M
Mexico December 27, 1963 -*W,L,M
August 8, 1963 W,LM
Mongolia November 1, 1963 M
August 8, 1963 LM November 7, 1963 L
Morocco February 1, 1966 L
August 27, 1963 WIM February 18, 1966 M
August 30, 1963 L February 21, 1966 W
Nepar October 7, 1964 W,LM
" August 26, 1963 LM
August 30, 1963- W
Netherlands September 14, 1964 W/LM
August 9, 1963 -WLM
New Zealand October 10, 1963 W,L
August 8, 1963 WLM October 16, 1963 M
Nicaragua January 2.6, 1%:5 L.
August 13, 1963 W,L February 26, 1965 W,M
August 16, 1963 M
Niger July 3, 1964 M
September 24, 1963 WIL July 6, 1964 L
July 9, 1964 W
Nigeria February 17, 1967 L
August 30, 1963 M February 25, 1967 M
September 2, 1963 L February 28, 1967 W
September 4, 1963 W






12




-4

Norway November 21, 1963 WLtM
August 9, 1963 W,L,M
Pakistan
August 14, 1963 WIL,M
Panama February 24, 1966 W
September 20, 1963 W
Paraguay
August 15, 1963 W,L
August 21, 1963 M
Peru July 20, 1964 W
August 23, 1963 WIL,M August 4, 1964 L
August 21, 1964 M
Philippines November 10, 1965 L
August 8, 1963 WL November 15, 1965 W
.-August 14, 1963 M February 8, 1966 M
Poland October 14, 1963 W,LM
August 8, 1963 WLM
Portugal
October 9, 1963 W
Romania December 12, 1963 WLIM
August 8, 1963 WL,M
Rwanda December 27, 1963 W
September 19,1963 W
San Marino July 3, 1964 L
September 17, 1963 W July 9, 1964 W
September 20, 1963 L November 27, 1964 M
September 24, 1963 M
Senegal May 6, 1964 L
September 20, 1963 -W May 12, 1964 M
September 23, 1963 -L June 2, 1964 W
October 91 1963 M
Sierra Leone February 21, 1964 L
September 4, 1963 L March 4, 1964 W
September 9, 1963 M April 29, 1964 m
September 11, 1963 W
Somalia
August 19, 1963 W,M
Spain December 17, 1964 W,L
August 13, 1963 W
August 14, 1963 L
Sudan March 4, 1966 WL
August 9, 1963 WLM March 28, 1966 14
Sweden December 9, 1963 W,L,M
August 12, 1963 W,LM
Switzerland January 16, 1964 W,L,M
August 26, 1963 W,L,M
Syriah Arab Rep. June 1, 1964 W,L,M
August 13, 1963 W,L,M
Tanzania February 6, 1964 L
September 16, 1963 L September 18, 1963 W September 20, 1963 M
Thailand November 15, 1963 L
August 8, 1963 W,L,M November 21, 1963 M
November 29,1964 W
Togo December 7, 1964 W
September 18, 1963 W
Trinidad and Tobago July 14, 1964 W
August 12, 1963 WIL July 16, 1964 L
August 13, 1963 m August 6, 1964 m
Tunisia May 26, 1965 L,M
August 8, 1963 W June 3, 1965 W
August 12, 1963 L
August 13, 1963 M







13







Turkey July 8, 1965 W,L,M
August 9, 1963 WLIM
Uganda March 24, 1964 L
August 29, 1963 WL April 2, 1964 W
Union of Soviet Socialist Reps. October 10, 1963 WLM
August 5, 1963 M4
United Arab Rep. January 10, 19644 WLIM
August 8, 1963 WILIM
United Kingdom October 10, 1963 WILM
August 5, 1963 M4
United States October 10, 1963 WLM
August 5, 1963 M
Upper Volta
-August 30, 1963 W
Uruguay February 25, 1963 -L
August 12, 1963 W
September 27, 1963 LIM
Ukrainian Soviet Socialist Rep. December 30, 1963 -I
October 8, 1963 M4
Venezuela February 22, 1965 M 1
August 16, 1963 WM March 3, 1965 L
August 20, 1963 L March 29, 1965 W
Viet Nam
October 1, 1963 W
Western Samoa January 15, 1965 W
September 6, 1963 WM January 19, 1965 L
September 5, 1963 L February 8, 1965 M4
Yemen Arab Rep.
August 13, 1963 14
September 6, 1963 W
Yugoslavia January 15, 1964 L
August 8, 1963 WILM January 31, 1964 M4
April 3, 1964 W














1The United States considers the reported signature and deposit of ratification
at Moscow by the Byelorussian SSR and the Ukrainian SSR as already covered by
the signature and deposit of ratification by the USSR.
?j United States does not accept notification of signature and deposit of ratificatic 3j Applicable to Land Berlin. A/ With a statement.
j -Including, Surinam and the Netherlands Antilles.
~/Rwanda signed and deposited ratification in Washington and should only be counted
once when counting parties to the treaty.


















80-608 0 77 2







14



-6


Accessions deposited

Ccntral African Rep.
December 22, 1964 W
August 24, 1965 L~
September 25, 1965 M Kenya
June 10, 1965 L June 11, 1965 W June 30, 1965 M Rwanda6
October 22, 1963 L
December 16, 1963 M South Africa
October 10, 1963 WL
November 22, 1963 M Swaziland
May 29, 1969 W,L
June 3, 1969 M
















Notification of succession

Botswana -Fiji July 18, 1972 W
January 5, 1968 M July 14, 1972 L
February 14, 1968 L Bahamas, The August 13) 1976 -W
March 4, 1968 W Gambia. The
April 27, 1965 W,N
May 6, 1965 L Malawi
November 26, 1964 W ,M
January 7, 1965 L Malta
November 25, 1964 -W.,M
December 1, 1964 -L Mauritius
April 30, 1969 W
May 12, 1969 L May 19, 1969 M Singapore
July 12, 1968 WIM
July 23, 1968 L Zambia
January 11, 1965 WN
February 8, 1965 L Tongs
July 7, 1971 -W


















MULTILATERAL

Treaty on Principles Governing the Activities of States 'in
the Exploration and Use of Outer Space, Including the
Moon and Other Celestial Bodies

Done at Washington, London, and Moscow January 27, 1967; Ratification advised by the Senate of the United States of America
April 25, 1967;
Ratified by the President of the United States of America May 24,
1967;
Ratification of the United States of America deposited at Washington, London, and Moscow October 10, 1967
Proclaimed by the President of the United States of America October 10, 1967;
Entered into force October 10, 1967.




BY THE PRESIDENT OF TIM UMTED STATES oFAMEMCA A PROCLAMATION
WH'EREAS the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, was signed at Washington, London, and Moscow on January 27,1967 in behalf of the United States of America, the United Kingdom of Great Britain and Northern Ireland, and the Union of Soviet Socialist Republics and was signed at one or more of the three capitals in behalf of a number of otlier States; WHEREAS the text of the Treaty, in the English, Russian, French, Spanish, and Chinese languages, as certified by the Department of State of the United States of America, is word for word as follows:






16


TREATY ON PRINCIPLES GOVERNING THE ACTIVITIES OF STATES
IN THE EXPLORATION AND USE OF OUTER SPACE,
INCLUDING THE MOON AND OTHER CELESTIAL BODIES



The States Parties to this Treaty,

Inspired by the great prospects opening up before mankind as a result of man's entry into outer space,

Recognizing the common interest of all mankind in the progress of the exploration and use of outer space for peaceful purposes,

Believing that the exploration and use of outer space should be carried on for the benefit of all peoples irrespective of the degree of their economic or scientific development,

Desiring to contribute to broad international co-operation in the scientific as well as the legal aspects of the exploration and use of outer'space for peaceful purposes,

Believing that such co-operation will contribute to the

development of mutual understanding and to the strengthening of friendly relations between States and peoples,

Recalling resolution 1962 (XVIII), entitled "Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space", which was adopted unanimously by the United Nations General Assembly on 13 December 1963,






17



Recalling resolution4,884 (XViii), calling upon States to

refrain from placing in orbit around the Earth any objects carrying nuclear weapons or any other kinds of weapons of mass destruction or from installing such-weapons on celestial bodies, which was adopted unanimously by the United Nations General Assembly on 17 October 1963,

Taking account of United Nations General Assembly

resolution 110 (11) of 3 November 1947, which condemned propaganda designed or likely to provoke or encourage any threat to the peace, breach of the peace or act of aggression, and considering that the aforementioned resolution is applicable to outer space,

Convinced that a Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, will further the Purposes and Principles of the Charter of the United Nations,F]~

Have agreed on the following:


Article I

The exploration and use of outer space, including the moon and other celestial bodies, shall be carried out for the benefit and in the interests of all countries, irrespective of their degree of economic or scientific development, and shall be the province of all mankind.

Outer space, including the moon and other celestial bodies, shall be free for exploration and use by all States without

'TS 993,059 Stat. 1031.










discrimination of any kind, on a basis of equality and in accordance with international law, and there shall be free access to all areas'of celestial bodies.

There shall be freedom of scientific investigation in outer space, including the moon and other celestial bodies, and States shall facilitate and encourage international co-operation in such investigation.


Article 11

Outer space, including the moon and other celestial bodies, is not subject to national.appropriation by claim of sovereignty, by means of use or occupation, or by any other means.


Article III

States Parties to the Treaty shall carry on activities in the exploration and use of outer space, including the moon and other celestial bodies, in accordance with international law, including the Charter of the United Nations, in the interest of maintaining international peace and security and promoting international co-operation and understanding.


Article IV

States Parties to the Treaty undertake not to place in orbit around the Earth any objects carrying nuclear weapons or any other kinds of weapong'of mass destruction, install such weapons on celestial bodies, or station such weapons in outer space in any other manner.






19


The moon and other celestial bodies shall be used by all States Parties to the Treaty exclusively for peaceful purposes. The establishment of military bases, installations and fortifications, the testing of any type of weapons and the conduct of military maneuvers on celestial bodies shall be forbidden. The use of military personnel for scientific research or for any other peaceful purposes shall not be prohibited. The use of any equipment or facility necessary for peaceful exploration of the moon and other celestial bodies shall also not be prohibited.


Article V

States Parties to the Treaty shall regard astronauts as envoys of mankind in outer space and shall render to them all possible assistance inthe event of accident, distress, or emergency landing on the territory of another State Party or on the high seas. When astronauts make such a landing, they shall be safely and promptly returned to the State of registry of their space vehicle.

In carrying on activities in outer space and on celestial

bodies, the astronauts of one State Party shall render all possible assistance to the astronauts of other States Parties.

States Parties to the Treaty shall immediately inform the other States Parties to the Tjeaty or.the Secretary-General of the United Nations of any phenomena they discover in outer space, including the moon and other celestial bodies, which could constitute a danger to the life or health of astronauts.






20


Article VI

States Parties to the Treaty shall bear international

responsibility for national activities in outer space, including the moon and other celestial bodies, whether such activities are carried on by governmental agencies or by non-governmental entities, and.for assuring that national activities are carried out in conformity with the provisions set forth in the present Treaty. The activities of non-governmental entities in outer space, including the moon and other celestial bodies, shall require authorization and continuing supervision by the appropriate State Party to the Treaty. When activities are carried on in outer space, including the moon and-other celestial bodies, by an international organization, responsibility for compliance with this Treaty shall be borne both by the international organization and by the States Parties to the Treaty participating in such organization.


Article VII

Each State Party to the Treaty that launches or procures the launching of an object into outer space, including the moon and other celestial bodies, and each State Party from whose territory or facility an object is launched, is internationally liable for damage to another State Party to the Treaty or to its natural or juridical persons-by 'such object or its component parts on the Earth, in air space or in outer space, including the moon and other celestial bodies.






21



Article VIII

A State Party to the Treaty on whose registry an object

launched into outer space is carried shall retain jurisdiction and control over such object, and over any personnel thereof, while in outer space or on a celestial body. Ownership of objects launched into outer space, including objects landed or constructed on a celestial body, and of their component parts, is not affected by their presence in outer space or on a celestial body or by their return to the Earth. Such objects or component parts found beyond the limits of the State Party to the Treaty on whose registry they are carried shall be returned to that State Party, which shall, upon request, furnish identifying data prior to their return.


Article IX

In the exploration and use of outer space, including the moon and other cele tial bodies, States Parties to the Treaty shall be guided by the principle of co-operation and mutual assistance and shall conduct all their activities in outer space, including the moon and other celestial bodies, with due regard to the corresponding interests of all other States Parties to the Treaty. States Parties to the Treaty shall pursue studies of outer space, including the moon and other celestial bodies, and conduct exploration of them so as to avoid their harmful contamination and also adverse changes in the environment of the Earth resulting from the introduction of extraterrestrial matter and, where necessary, shall adopt appropriate measures for this purpose. If a State Party to the Treaty has






22


reason to believe that an activity or experiment planned by it or its nationals in outer space, including the moon and other celestial bodies, wouldcause potentially harmful interference with activities of other States Parties in the peaceful exploration and use of outer space, including the moon and other celestial bodies, it shall undertake appropriate international consultations before proceeding with any such activity or experiment. A State Party to the Treaty which has reason to believe that an activity or experiment planned by another State Party in outer space, including the moon and other celestial bodies, would cause potentially harmful interference with activities in the peaceful exploration and use of outer space, including the moon and other celestial bodies, may request consultation concerning the activity or experiment.


Article X

In order to promote international co-operation in the

exploration and use of outer space, including the moon and other celestial bodies, in conformity with the purposes of this Treaty, the States Parties to the Treaty shall consider on a basis of equality any requests by other States Parties to the Treaty to be afforded an opportunity to observe the flight of space objects launched by those States.

The nature of such an opportunity for observation and the

conditions under which it could be afforded shall be determined by agreement between the States concerned.






23


Article XI

In order to promote international co-operation in the peaceful exploration and use of outer space, States Parties to the Treaty conducting activities in outer space, including the moon and other celestial bodies, agree to inform the Secretary-General of the United Nations as well as the public and the international scientific community, to the greatest extent feasible and practicable, of the nature, conduct, locations and results of such activities. On receiving the said information, the Secretary-General of the United Nations should be prepared todisseminate it immediately and

ef f ec timely.


Article XII

All stations, installations, equipment and space vehicles on

the moon and other celestial bodies shall be open to representatives of other States Parties to the Treaty on a basis of reciprocity. Such representatives shall give reasonable advance notice of a projected visit, in order that appropriate consultations may be held and that maximum precautions may be taken to assure safety and to avoid interference with normal operations in the facility to be visited.


Article XIII

The provisions of this Treaty shall apply to the activities of States Parties to the Treaty in the exploration and use of outer space, including the moon and other celestial bodies, whether such






24


activities are carried on by a single State Party to the Treaty or jointly with other States, including cases where they are carried on within the framework of international inter-governmental organizations..

Any practical questions arising in connection with activities carried on by international inter-governmental organizations in the exploration and use of outer space, including the moon and other celestial bodies, shall be resolved by the States Parties to the Treaty either with the appropriate international organization or with one or more States members of that international organization, which are Parties to this Treaty.


Article XIV

1. This Treaty shall be open to all States for signature. Any State which does not sign this Treaty before its entry into force in accordance with paragraph 3 of this article may accede to it at any time.

2. This Treaty shall be subject to ratification by signatory States. Instruments of ratification and instruments of accession shall be deposited with the Governments of the United States of America, the United Kingdom of Great Britain and Northern Ireland and the Union of Soviet Socialist Republics, which are hereby designated the Depositary Governments.

3. This Treaty shall enter into force upon the deposit of instruments of ratification by five Governments including the Governments designated as Depositary Governments under this Treaty.






25


4. For States whose instruments of ratification or accession are deposited subsequent to the entry into force of this Treaty, it shall enter into force on the date of the deposit of their instruments of ratificat ion or accession.

5. The Depositary Governments shall promptly inform all

signatory and acceding States of the date of each signature, the date of deposit of each instrument of ratification of and accession to this Treaty, the date of its entry into force and other notices.

6. This Treaty shall be registered by the Depositary

Governments pursuant to Article 102 of the Charter of the United Nations.


Article XV

Any State Party to the Treaty may propose amendments to this Treaty. Amendments shall enter into force for each State Party to the Treaty accepting the amendments upon their acceptance by a majority of the States Parties to the Treaty and thereafter for each remaining State Party to the Treaty on the date of acceptance by it.


Article XVI

Any State Party to the Treaty may give notice of its withdrawal from the Treaty one year after its entry into force by written notification to the Depositary Governments. Such withdrawal shall take effect one year from the date of receipt of this notification.






26


Article XVII
.,This Treaty, of which the English, Russian, French,, Spanish

and Chinese texts are equally authentic', shall be deposited in the archives of the Depositary Governments. Duly certified copies of t his Treaty shall be transmitted by the Depositary Governments to the Governments of the signatory and acceding States.






27

Treaty on principles governing the activities of states in the exploration and use of outer space, including the moon and other celestial bodies. Opened for signature at Washington, London, and Moscow, January 27, 1967 (TIAS 6347). Entered into force October 10, 1967.
Total as of August 19, 1976:
Signatures: 90 plus the Ukrainian S.S.R. & Byelorussian S.S.R.
Ratifications: 55 plus the Byelorussian S.S.R. & Ukrainian S.S.R.
Accessions: 11.
Notification that it continues to be bound: 4.

THE OUTER SPACE TREATY

Washington Moscow 1 London'
Country Signature Ratification Signature Ratification Signature Ratification

United States ------------ Jan. 27, 1967 Oct. 10, 1967 Jan. 27, 1967 Oct. 10, 1967 Jan. 27, 1967 Oct. 10, 1967
United Kingdom- - ----------do ------------ do.2 ----------- do ------------ do.2__ __-do ------- Do.2
U.S.S. R ---------------------- do ------- Oct. 10,1967 -----do ------------ Do.
Afgb a n i sta n do --------------------- Jan. 30,1967
Argentina- ---do ------- Mar. 26,1969 Apr. 18,1967 Mar. 26,1969
Australia --------------------- do ------- Oct. 10, 1967 Oct. 10, 1S67 Do.
Austria ----------------- Feb. 20,1967 Feb. 26,1968 Feb. 20,1967 Feb. 26,1968 Feb. 20,1967 Feb. 26, 1968
Belgium ---------------- Feb. 2,1967 Mar. 30,1973 Jan. 27,1967 Mar. 31,1973 Jan. 27 1976 Mar. 31, 1973
Bolivia ------------------ Jan. 27,1967
Botswana -------------------Brazil ------------------- Feb. 2,1967 Mar. 5,19693 Jan. 30,1967 Mar. 5,1969 Feb. 2,1967 3Mar. 5,1969
Bulgaria---------------- Jan. 27,1967 Apr. 11,1967 Jan. 27,1967 Mar. 28,1967 Jan. 27,1967 Apr. 19,1967
Burma ------------------ May 22,1967 Mar. 18,1970 May 22,1967 Mar. 18,1970 May 22,1967 Mar. 18,1970
Burundi ----------------- Jan. 27,1967
Byelorussian Soviet Feb. 10, 19674 Oct. 31, 1967
Socialist Republic.
Cameroon----------- ____ Jan. 27,1967
Canada- ------- Oct. 10, 1967 Jan. 27, 1967 Oct. 10, 1967 Jan. 27, 1967 Oct. 10,1967
Central African Republic ------Mar. 10,1967
Chile ------------------- Jan. 27,1967 Feb. 20,1967 Feb. 3,1967
China, Republic of ------------- do ------- July 24,1970
Colombia --------------------Cyprus ----------------------- do.------ July 5,1972 Feb. 15,1967 Sept.20,1972 Feb. 16,1967 July 5,1972
Czechoslovakia --------------- do ------- May 22,1967 Jan. 27,1967 May 18,1967 Jan. 27,1967 May 11,1967
Denmark --------------------- do ------- Oct. 10,1967 -----do ------- Oct. 10,1967 Oct. 10,1967
Dominican Republic- Nov. 21,1968
Ecuador ---------------------- do ------- Mar. 7,1969 June 7,1967 May 16,1967
Egypt ------------------------ do------- Oct. 10,1967 Jan. 27,1967 Jan. 23.1968 -------------El Salvador ------------------- do------- Jan. 15,1969
Ethiopia ---------------------- do --------------------- Feb. 10,1967 Jan. 27,1967
Finland- ---do ------- July 12, 1967 Jan. 27, 1967 July 12, 1967 July 12,1967
France------------------ Sept.25,1967 Aug. 5,1970 Sept.25,1967 Aug. 5,1970 Sept.25,1967 Aug. 5,1970
Gambia ------------------------------------------------------------------------- June 2,1967
German Democratic ---------------------------- Jan. 27,19675 Feb. 2,1967
Republic.
Germany, Federal Jan. 27, 1967 Feb. 10, Jan. 27, 1967 6 Feb. 10, 1971
Republic.
Ghana ----------------------- do --------------------- Feb. 15,1967 -------------- Mar. 3,1967
Greece ----------------------- Jan. 19,1971
Guyana----------------- Feb. 3,1967
Jan. 27,1967
Honduras---Holy Apr. 5,1967
Hungary ---------------- Jan. 27, 1967 June 26, 1967 Jan. 27, 1967 Juno. 26, 1967 Jan. 27, 1967 June 26,1967
Iceland- ------- Feb. 5,1968 -----do ------- Feb. 5,1968 -----do ------- Feb. 5,1968
Mar. 3,1967 Mar. 3,1967 -------------- Mar. 3,1967
Indonesia --------------- Jan. 27,1967 Jan. 30,1967 Feb. 14,1967
Jan. 27,1967
Feb. 27,1967 -------------- Mar. 9,1967 Dec. 4,1968 Feb. 27,1967 Sept. 23 1969
Ireland ----------------- Jan. 27,1967 July 17,1968 Jan. 27,1967 July 19:1968
Israel ------------------------ do --------------------- Jan. 27,1967 ------------------- do ------Italy -------------------- Jan. 27,1967 May 4,1972 ----- do ------- May 4,1972 Jan. 27,1967 May 4,1972
Jamaica ----------------- June 29 1967 Aug. 6,1970 June 29,1967 Aug. 21,1970 June 29,1967 Aug. 10,1970
Japan ------------------- Jan. 27:1967 Oct. 10,1967 Jan. 27,1967 0.ct. 10,1967 Jan. 27,1967 Oct. 10,1967
Jordan ------------------ Feb. 2,1967 -------------------------------------------------------Korea ------------------- Jan. 27,1967 Oct. 13, 1967 -----------------------------------------Laos ------------------------- do ------- Nov. 29, 1972 Feb. 2, 1967 Nov. 27, 1972 Jan. 30, 1967 Jan. 15,1973
Lebanon ---------------- Feb. 23, 1967 June 30, 1969 Feb. 23, 1967 Mar. 31, 1969 Feb. 23, 1967 Mar. 31,1969
Lesotho ----------------- Jan. 27,1967 -------------------------------------------------------Luxembourg ------------------ do --------------------- Jan. 27,1967 -------------- Jan. 31,1967
Malaysia ---------------- Feb. 20, 1967 -------------- May 3,1967 -------------- Feb. 21, 1967
Mexico ------------------ Jan. 27, 1967 Jan. 31, 1968 Jan. 27, 1967 Jan. 31, 1968 Jan. 27, 1967 Jan. 31,1968
Mongolia ------------------------------------------------- do ------- Oct. 10,1S67 -------------Nepal ------------------- Feb. 3, 1967 Nov. 22, 1967 Feb. 3, 1967 Oct. 16,1967 Feb. 6,1967 Oct. 10,1967
Netherlands ------------- Feb. 10, 1967 Oct. 10, 1969 7 Feb. 10, 1967 Oct. 10, 1969 7 Feb. 10, 196,j 7 Oct. 10,1969
New Zealand ------------ Jan. 27, 1967 May 31, 1968 Jan. 27, 1967 May 31, 1968 Jan.. 27, 1967 May 31,1968
Nicaragua -------------------- do ------------------------------------------------ Feb 13,1967
See footnotes at end of table.






C)Q
ko

THE OUTER SPACE TREATY-Continued

Washington Moscow I London,
Country Signature Ratification Signature Ratification Signature Ratification

Niger ------------------- Feb. 1, 1967 May 3, 1967 ------------------------------------------ Apr. 17, 1967
Norway ----------------- Feb. 3, 1967 July 1, 1969 Feb. 3, 1967 July 1, 1969 Feb. 3 1967 July 1,1969
Pakistan ---------------- Sept. 12, 1967 Apr. 8, 1968 Sept. 12, 1967 Apr. 8, 1968 Sept. 12: 1967 Apr. 8,1968
Panama --- Jan. 27,1967
Peru -------------------- June 30, 1967
Philippines-_____ Jan. 27, 1967 -------------- Apr. 29, 1967 -------------- Jan. 27,1967
Poland ----------------------- do ------- Jan. 30,1968 Jan. 27,1967 Jan. 30,1968 -----do ------- Jan. 30,1968
Romania --------------------- do------- Apr. 9, 1968 ----- do ------- Apr. 9,1968 Apr. 9,1968
Rwanda ---------------------- do --------------------------------------------------------------San Marino -------------- Apr. 21, 1967 Oct. 29, 1968 June 6, 1967 Nov. 21, 1968 Apr. 24, 1967 Feb. 3,1969
Sierra Leone ------------- May 16, 1967 July 14, 1967 Jan'. 27, 1967 July 13, 1967 Jan. 27, 1967 Oct. 25,1967
Somalia ----------------- Feb. 2,1967
South Africa ------------- Mar. 1, 1967 Sept. 30, 1968 ------------------------------------------ Oct. 8,1968
Sweden----------------- Jan. 27,1967 Oct. 11, 1967 Jan. 27, 1967 Oct. 11, 1967 Jan. 27, 1967 Oct. 11,1967
Switzerland- -do ------- Dec. 18, 1969 Jan. 30, 1967 Dec. 18, 1969 -do- -_ -_ -_ Dec. 18, 1969
Thailand do- -_ - - Sept. 10, 1968 J an. 27, 1967 Sept. 9, 1968 do ------- Sept. 5,1963
Togo ------------------------ do --------------------------------------------------------------Trinidad and Tobago- - -_ Sept. 28, 1967 Aug. 17, 1967 -------------- July 24,1967
Tunisia ----------------- Jan. 27,1967 Apr. 17,1968 Feb. 15,1967 Apr. 4,1968 Jan. 27,1967 Mar. 28,1968
Turkey ----------------------- do ------- Mar. 27,1968 Jan. 27,1967 Mar. 27,1968 Mar. 27,1968
Ukrainian Soviet Social- Feb. 10,19674 Oct. 31,1967 -------------ist Republic.
Upper Mar. 3,1967 June 18,1968
Uruguay ----------------- Jan. 27,1967 Aug. 31,1970 Jan. 30,1967
Venezuela------- ----do- Mar. 3,1970
Vietnam-Yugoslavia ------------------- do --------------------- Jan. 27,1967 Jan. 27,1967
Zaire ------------------------ Apr. 29,1967 May 4,1967
Accession Accession Accession
Morocco---------------- Dec.22,1967 Dec.21,1967 Dec.21,1967
Apr. 24, 1968 ---------------------------Libya ------------------- July 3, 1968
Nigeria- Nov.14,1967
Malagasy Republic ------- A u g. 22, 1968 8 ---------------------------Barbados--------------- Sept. 12, 1968
Mali ------------------------------------------------ June 11, 1968
Dec. 7, 1968 ---------------------------- Nov. 27,1968
Syrian Arab Nov.19,1968
Kuwait ------------------ June 7, 1972 July 4, 1972 June 20, 1972
Zambia ----------------- Aug. 20, 1973 Aug. 21, 1973 Aug.28,1973
Singapore- Sept. 10. 1976

Date of notification that it continues to be bound
Washington 'Moscow London

Mauritius --------------- Apr. 16, 1969 May 13, 1969 Apr. 21, 1969
Tonga ------------------ July 7, 1971 June 22, 1971
July 18, 1972 ------------------------------------------------------Bahamas ---------------- Aug.13,1976 ---------------------------- July 14, 1972

1 The listings for signings in Moscow and London are based upon official reports received.
2 Extended to the territo-ies under the territorial sovereignty of the United Kindgom and to Antigua, British Solomon Islands Protectorate, Brunei, Dominica, Grenada, St. Christopher-Nevis-Anguilia, and St. Lucia. Treaty is not applicable to Rhodesia.
3 With a declaration.
4 The United States considers this Republic as already covered by the signature affixed to the treaty by the U.S.S.R.
5 The United States made a statement regarding this action.
6 Applicable to Land Berlin.
7 Applicable to Sutinam and the Netherlands Antilles.
8 With a statement.











MULTILATERAL

Agreement on the Rescue of Astronauts, the Return of
Astronauts and the Return of Objects launched mto
Outer Space

Done at Washington, London and Moscow April 22, 1968; Ratification advised by the Senate of the United States of America
October 8, 1968;
Ratified by the President of the United States of America
October 18, 1968;
Ratification of the United States of America deposited at Washington, London and Moscow December 3, 1968;
Proclaimed by the President of the United States of America
December 3, 1968;
Entered into force December 3, 1968.


BY THE PRESENT OF THE UNITED STATES OFAMERICA

A PROCLAMATION
WHmEAs the Agreement on the Rescue of Astronauts, the Return of Astronauts, and the Return of Objects Launched Into Outer Space was signed at Washington, London, and Moscow on April 22, 1968 in behalf of the United States of America, the United Kingdom of Great Britain and Northern Ireland, and the Union of Soviet Socialist Republics and was signed at one or more of the three capitals in behalf of a number of other States; WHEREAS a certified copy of the text of the Agreement, in the English, Russian, French, Spanish, and Chinese languages, is word for word as follows:
(29)











80-608 0 77 3





CIO



AGREEMENT ON THE RESCUE OF ASTRONAUTS, THE RETURN OF ASTRONAUTS AND THE RETURN OF OBJECTS LAUNCHED INTO OUTER SPACE



The Contracting Parties,

Noting the great importance of the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, which calls for the rendering of all possible assistance to astronauts in the event of accident, distress or emergency landing, the prompt and safe return of astronauts, and the return of objects launched into outer space,

Desiring to develop and give further concrete expression

to these duties,

Wishing to promote international co-operation in the peaceful exploration and use of outer space,

Prompted by sentiments of humanity,

Have agreed on the following:






TIAs 6347; 18 UbT 2410-






31


Article 1

Each Contracting Party which receives information or discovers that the personnel of a spacecraft have suffered accident or are experiencing conditions of distress or have made an emergency or unintended landing in territory under its jurisdiction or on the high seas or in any otherplace not under the jurisdiction of any State shall immediately:

(a) Notify the launching authority or, if it cannot identify

and immediately communicate with the launching authority, immediately make a public announcement by all appropriate means of communication at its disposal;

(b) Notify the Secretary-General of the United Nations, who

should disseminate the information without delay by all appropriate means of communication at his disposal.


Article 2

If, owing to accident, distress, emergency or unintended landing, the personnel of a spacecraft land in territory under the jurisdiction of a Contracting Party, it shall immediately take all possible steps to rescue them and render them all necessary assistance. It shall inform the launching authority and also the Secretary-Genetal of the United Nations of the steps it is taking and of their progress. If assistance by the launching authority would help to effect a prompt rescue or would contribute substantially to the effectiveness of search and rescue operations, the launching authority shall co-operate with the Contracting Party with a view to the effective conduct of search and rescue operations. Such operations shall be subject to the






32


direction and control of the Contracting Party, which shall act in close and continuing consultation with the launching authority.


Article 3

If information is received or it is discovered that the

personnel of a spacecraft have alighted on the high seas or in any other place not under the jurisdiction of any State, those Contracting Parties which are in a position to do so shall, if necessary, extend assistance in search and rescue operations for such personnel to assure their speedy rescue. They shall inform the launching authority and the Secretary-General of the United Nations of the steps they are taking and of their progress.


Article 4

If, owing to accident, distress, emergency or unintended landing, the personnel of a spacecraft land in territory under the jurisdiction of a Contracting Party or have been found on the high seas or in any other place not under the jurisdiction of any State, they shall be safely and promptly returned to representatives of the launching authority.


Article 5

1. Each Contracting Party which receives information or

discovers that a space object or its component parts has returned to Earth in territory under its jurisdiction or on the high seas or in any other place not under the jurisdiction of any State, shall notify the launching authority and the Secretary-General of the United Nations.






33


2. Each Contracting Party having jurisdiction over the

territory on which a space object or its component parts has been discovered shall, upon the request of the launching authority and with assistance from that authority if requested, take such steps as it finds practicable to recover the object or component parts.

3. Upon request of the launching authority, objects

launched into outer space or their component parts found beyond the territorial limits of the launching authority shall be returned to or held at the disposal of representatives of the launching authority, which shall, upon request, furnish identifying data prior to their return.

4. Notwithstanding paragraphs 2 and 3 of this article, a

Contracting Party which has reason to believe that a space object or its component parts discovered in territory under its jurisdiction) or recovered by it elsewhere, is of a hazardous or deleterious nature may so notify the launching authority, which shall immediately take effective steps, under the direction and control of the said Contracting Party, to eliminate possible danger of harm.

5. Expenses incurred in fulfilling obligations to recover and return a space object or its component parts under paragraphs 2 and 3 of this article shall be borne by the launching authority.


Article 6

For the purposes of this Agreement, the term "launching

authority" shall refer to the State responsible for launching,






34


or, where an-international inter-governmental organization is responsible for launching, that organization, provided that that organization'declares its acceptance of the rights and obligations provided for in this Agreement and a majority of the States members of that organization are Contracting Parties to this Agreement and to the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies.


Article 7

1. This Agreement shall be open to all States for

signature. Any State which does not sign this Agreement before its entry into force in accordance with paragraph 3 of this article may accede to it at any time.

2. This Agreement shall be subject to ratification by

signatory States. Instruments of ratification and instruments of accession shall be deposited with the Governments of the United States of America, the United Kingdom of Great Britain and Northern Ireland and the Union of Soviet Socialist Republics,

which are hereby desilpated the Depositary Governments.

3. This Agreement shall enter into force upon the deposit of instruments of ratification by five Governments including the Governments designated as Depositary Governments under this Agreement.

4. For States whose instruments of ratification or

accession are deposited subsequent to the entry into force of this Agreement, it shall enter into force on the date of the deposit of their instruments of ratification or accession.






35


5. The Depositary Governments shall promptly inform all

signatory and acceding States of the date of each signature, the date of deposit of each instrument of ratification of and accession to this Agreement, the date of its entry into force and other notices.

6. This Agreement shall be registered by the Depositary

Governments pursuant to Article 102 of the Charter of the United Nations.


Article 8

Any State Party to the Agreement may propose amendments to

this Agreement. Amendments shall enter into force for each State Party to the Agreement accepting the amendments upon their acceptance by a majority of the States Parties to the Agreement and thereafter for each remaining State Party to the Agreement on the date of acceptance by it.


Article 9

Any State Party to the Agreement may give notice of its withdrawal from the Agreement one year after its entry into force by written notification to the Depositary Governments. Such withdrawal shall take effect one year from the date of receipt of this notification.

Article 10

This Agreement, of which the English, Russian, French, Spanish and Chinese texts are equally authentic, shall be deposited in the archives of the Depositary Governments. Duly certified copies of this Agreement shall be transmitted by the Depositary Governments to the Governments of the signatory and acceding States.







36

Agreement on the rescue of astronauts, the return of astronaut! and the return of objects launched into outer space. Opened for signature at Washington, London, and Moscow April 22, 1968 (TIAS 6599). Entered into force December 3, 1968.
Totals as of August 19, 1976:
Signatures: 79 plus the Ukrainian S.S.R. and Byelorussian S.S.R.
Ratifications: 48 plus the Byelorussian S.S.R. and Ukrainian S.S.R.
Accessions: 14
Notification that it continues to be bound: 3
Acceptance by International Organizations: European Space Agency.

THE ASTRONAUT AGREEMENT

Washington Moscow London'
Country Signature Ratification Signature Ratification Signature Ratification

United States ------------ Apr. 22, 1968 Dec. 3, 1968 Apr. 22, 1968 Dec. 3, 1968 Apr. 22, 1968 Dec. 3, 1968
United Kingdom -------------- da ------------ do.2 ----------- do ------------ do.2 ----------- do ------- D0.2
U.S.S.R ---------------------- do ------------ do ------------ do ------------ do ------------ do ------- Do.
Argentina -------------------- do ------- Mar. 26, 1969 May 28, 1968 Mar. 26, 1969 May 2, 1968 Mar. 26, 1969
Australia --------------------- do --------------------- Apr. 22, 1968 -------------- Apr 22, 1968
Austria ---------------------- do ------- Feb. 19,1970 -----do ------- Feb. 19,1970 ----- do ------- Feb. 19,1970
Bepium ----------------- Aug. 14, 1968 -------------- Aug. 14,1968 -------------- Aug. 14,1968
Bolivia ------------------ Apr. 22,1968 -------------------------------------------------------Bulgaria --------------------- do ------- Apr. 16, 1969 Apr. 22, 1968 Apr. 2, 1969 Apr. 22, 1968 Apr. 16, 1969
Burma ------------------ Aug. 21, 1968 -------------- Aug. 21, 1968 -------------- Aug. 21, 1968
Byelorussian Soviet ---------------------------- May 14, 1968 3 Dec. 2, 1968 3 ..............
Socialist Republic.
Cameroon ------------------------------------------- June 14,1968 -------------- Apr. 22, 1968 Jan. 10 1969
Canada ----------------- Apr. 25,1968 Feb. 20,1975 Apr. 25,1968 -------------- Apr. 25, 1968 Feb. 20:1975
Chile ------------------- Apr. 22, 1968 -------------- May 16,1968 -------------- Apr. 22, 1968
China, Republic of ------------- do ------- June 15, 1973 -----------------------------------------Colombia--..------------ Apr. 23,1968 -------------------------------------------------------Costa Rica --------------- Apr. 24, 1968 -------------------------------------------------------Cyprus------------------ Ma 9, 1968 Jan. 20, 1971 July 9, 1968 Dec. 17, 1970 May 7, 1963 Dec. 17, 1970
Czechoslovakia ---------- Apr. 22,1968 Feb. 18,1969 Apr. 22,1968 Feb. 18,1969 Apr. 22,1968 Feb. 18,1969
Denmark---- ------- May 6,1969 May 6,1969 ----do ------- May 6,1969
Dominican Republic ----------Ecuador ---------------------- do------- Mar. 7,1969
July 4,1968 Dec. 11,1968 May 10,1968
El Salvador -------------- Apr. 22, 1968 Feb. 19, 1970 -----------------------------------------Finland- ------- Sept. 10, 1979 Apr. 22, 1968 Sept. 10, 1970 Apr. 22, 1968 Sept. 10, 1970
Gambia- Sept. 20, 1968 (See under accession.)----German Democratic ---------------------------- Apr.22,19684 Dec. 11,1968
Republic
Germanv, Federal Aug. 20,1968 Feb.17,19725 Aug. 20,1968 Aug. 20,1968 Feb.17,19725
Republic
Apr. 22,1968 Apr. 22,1968 May 6,1968
Greece-. ---------------- June 11, 1968 -------------------------------------------------------- J uly 7,1975
Guyana- Oct. 4,1968 May 30,1969
Haiti -------------------- Ap;. 22,1968
Hungary_ ------- June 4,1969 Apr. 22,1968 June 4,1969 Apr. 22.1968 June 4,1969
Iceland ---------------------- do ------- Dec. 4,1969 -----do ------- Dec. 4,1969 -----do ------- Dec. 4,1969
------- Dec. 21,1970 -----do ------- Dec. 24,1970 -----do ------- Dec. 21,1970
Ireland--- ------- Sept. 6, 1968 ------- Aug. 29,1968
Israel----- ---do ------- Dec. 19,1969 Apr. 26,1968 Jan. 6,1970
--------------------- Apr. 22,1968 Apr. 22 1968
Jamaica ----------------- July 23, 1968 -------------- July 23, 1968 -------------- July 23: 1968
Jordan -------------------------------------------------------------------------- July 24,1968
Korea ------------------- May 9 1968 Apr. 4,1969 -----------------------------------------Apr. 22:1968 Nov. 29,1972 Apr. 22 1968 Nov. 27 1972 Apr. 22,1968 Jan. 15,1973 Lebanon- ---do------- June 30,1969 Apr. 30:1968 Mar. 31:1969 Apr. 30,1968 Mar. 31, 1969
Lesotho ----------------- July 18,1968
Luxembourg-.----------- Aug. 14,1968 Aug. 14,1968 Aug. 14,1968
Malagasy Republic ------- June 25, 1968 Feb. 11, 1969 Malaysia---------------- June 18,1968 July 4,1968 July 29,1968
Maldive Islands ---------- Apr. 22,1968 Apr. 3,1970
Malta--- May 29,1968
Mexico ------------------ July 15, 1968 Mar. 11, 1969 July 15,1968 Mar. 11, 1969 July 15 1968 Mar. 11,1969
Monaco-------- June 13:1968
Apr. 22,1968 Jan. 31,1969
Morocco ---------------- Apr. 22, 1968 Dec. 21, 1970 June 7,1968 -------------- June 14, 1968 Nov. 20,1970
Nepal ------------------------ do ------- July 11, 1968 Apr. 22,1968 July 26,1968 Apr. 22, 1968 Feb. 3,1969
Netherlands ------------- Aug. 14 1968 -------------- A ug. 14,1968 -------------- Aug. 14,1968
New Zealand ------------ Apr. 24: 1968 July 8,1969 Apr. 24,1968 June 8,1969 Apr. 24, 1968 July 8,1969
Nicaragua --------------- Apr. 22, 1968 ------------------------------------------ June 13,1968
Niger ------------------------ do ------- Jan. 15,1969 ------------------------------------------ Feb. 14, 1969
Nigeria ----------------- May 3,1968 -------------- June 14, 1968 Feb. 26, 1973 July 26, 1968 Mar. 23,1973
Norway ----------------- Apr. 22,1968 Apr. 20,1970 Apr. 22,1968 Apr. 20,1970 Apr. 22,1968 Apr. 20,1970
Philippines -------------- Apr. 24, 1968 -------------------------------------------------------Footnotes at end of table.







37

THE ASTRONAUT AGREEMENT-Continued

Washington Moscow I London,
Country Signature Ratification Signature Ratification Signature Ratification

Poland ------------------ Apr. 22,1968 Feb. 14,1969 Apr. 22,1968 Feb. 14,1969 Apr. 22,1968 Feb. 14,1969
Portugal --------------------- do ------- Mar. 25, 1970 ----------------- ------------- ---------Romania --------------------- do ------- June 28, 1971 Apr. 22, 1968 -------------- Apr. 22, 1968 June 28, 1971
Rwanda ---------------------- do --------------------------------------------------------------San Marino -------------- Nov. 7,1968 Aug. 31,1970 Nov. 21,1968 Aug. 20,1970 ---------- Aug. 10, 1970
Senegal ------------------------------------------------------------------------- June 26, 168Sierra Leone ----------------------------------------- Apr. 22, 1968 -------------- May 20,1968
Somali Republic ---------- Apr. 22, 1968 ------------------- do ----------------------------------South Africa ------------- Aug. 6, 1968 Oct. 6,1969 ------------------------------------------ Sept. 24, 1969
Switzerland ------------- Apr. 22, 1968 Dec. 18, 1969 Apr. 22, 1968 Dec. 18, 1969 Apr. 22, 1E68 Dec. 18, 1969
Syrian Arab Republic --------------------------------- Oct. 3,1968 Aug. 14,1969
Tunisia ----------------- Apr. 22,1968 Feb. 10,1971 Apr. 24,1968 Apr. 22,1968 Feb. 15,1971
Turkey ----------------- Nov. 29,1968 Nov. 29,1968 Nov. 29, 1968
Ukrainian Soviet Socialist June 28,19683 Jan.
Republic.
Uruguay ---------------- Apr. 22,1968 Feb. 25,1969
Venezuela -------------------Vietnam--- May 22,1968
Yemen Arab Republic-- July 23,1968
Yugoslavia-------------- Apr. 22,1968 Mar. 1,1971 Apr. 22,1968 Apr. 22,1968 Mar. 1, 1971
Zaire ------------------------ June 25,1968
Accession Accession Accession
July 26, 1968 Aug. 2,1968
Gabon- Apr. 2, 1969 ---------------------------Mauritius --------------- Apr. 16,1969 May 13,1969 Apr. 21,1969
Botswana --------------- Apr. 18,1969 Apr. 10, 1969 Apr. 18,1969
Barbados- -do------- Feb. 20,1969
Thailand---------------- May 30,1969 May 26,1969 May 29,1969
Swaziland --------------- June 9, 1969 June 17,1969 June 10,1969
Sweden ----------------- July 21, 1969 July 21,1969 July 21, 1969
Iraq -------------------- ------------ Mar. 12,1970 May 7,1970
Kuwait ------------------ June 7, 1972 July 4,1972 June 20, 1972
Bra!il ------------------- Feb. 27,1973 Feb. 27,1973 Feb. 27,1973
Zarnbia ----------------- Aug. 20,1973 Aug. 21,1973 Aug. 28,1973
PEkistan ---------------- Oct. 18,1973 Oct. 17,1973 Nov. 2,1973
France ------------------ Dec. 31,1973 -------------Singapore --------------- Sept. 10, 1976 -------------NOTES
Acceptance by international organization under Article 6: European Space Agency, effective Dec. 31, 1975.
Notification that it continues to be bound: Tonga-Washington, Jul 7, 1971; LonJon, June 22, 1971. Fiji-Washington July 18, 1972; London, July 14, 1972; Moscow, July 14, 1972. Bahamas-Washington, Aug. 13, 1976.
1 The listings for signings in Moscow and Lcndon are based upon official reports received.
2 Extended to Antigua, British Solomon Islands Protectorate, Brunei, Dominica, Grenada, St. Christopher-Nevis-Anguilla, St. Lucia, and territories under the territorial sovereignty of the United Kingdom. Not applicable to Southern Rhodesia.
3 The United States considers this Republic as already covered by the signature and ratification of the treaty by the U.S.S.R.
4-The United States made a statement regarding this action.
5 Applicable to Land Berlin.










MULTILATERAL

Convention on International Liability for
Damage Caused by Space Objects
4

Done at Washington, London, and Moscow March 29,1972; Ratification advised by the Senate of the United States of America
October 6, 1972;
Ratified by the President of the United States of America May 18,
1973;
Ratification of the United States of America deposited at Washington, London, and Moscow October 9, 1973;
Proclaimed by the President of the United States of America
November 21, 1973;
Entered into force with respect to the United States of America
October 9, 1973.


BY THE PRESIDENT OF THE UNITED STATES OFAMERICA

A PROCLAMATION

CONSIDERING THAT:
The Convention on International Liability for Damage Caused by Space Objects was signed at Washington, London, and Moscow on March 29, 1972 in behalf of the United States of America, the United Kingdom of Great Britain and Northern Ireland, and the Union of Soviet Socialist Republics, the depositary governments, and was signed at one or more of the three capitals in behalf of a number of other States, a certified copy of which Convention is hereto annexed;
The Senate of the United Statas of America by its resolution of October 6, 1972, two-thirds of the Senators present concurring therein, gave its advice and consent to the ratification of the Convention ;
The President of the United States of America ratified the Convention on May 18, 1973, in pursuance of the advice and consent of the Senate;
The United States of America deposited its instrument of ratification on October 9, 1973, in accordance with the provisions of paragraph 2 of Article XXIV of the Convention; and
Pursuant to the provisions of paragraph 4 of Article XXIV of the Convention, the Convention entered into force for the United States of America on October 9, 1973;

(39)





40


NOW, THEREFORE, be it known that 1, Richard Nixon, President of the United States of America, proclaim and make public the said Convention to the end that it shall be observed and fulfilled with good faith on and after October 9, 1973 by the United States of America and by the citizens of the United States of America and all other persons subject to the jurisdiction thereof.
IN TESTIMONY WHEREOF, I have signed this proclamation and caused the Seal of the United States of America to be affixed.
DONEat the city of Washington this twenty-first day of November
in the year of our Lord one thousand nine hundred
[SEAL] seventy-tbree and of the Independence of the United
States of America the one hundred ninety-eighth.
RICHARD NIXON

By the President:
HENRY A. KISSINGER
Secretary qf State






41



CONVENTION ON INTERNATIONAL LIABILITY FOR
DAMAGE CAUSED BY SPACE OBJECTS



The States Parties to this Convention,

Recognizing the common interest of all mankind in furthering the exploration and use of outer space for peaceful purposes,

Recalling the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, Ill

Taking into consideration that, notwithstanding the

precautionary measures to be taken by States and international intergovernmental organizations involved in the launching of space objects, damage may on occasion be caused by such objects,

Recognizing the need to elaborate effective international rules and procedures concerning liability for damage caused by space objects and to ensure, in particular, the prompt payment under the terms of this Convention of a full and equitable measure of compensation to victims of such damage,

Believing that the establishment of such rules and procedures will contribute to the strengthening of international cooperation in the field of the exploration and use of outer space for peaceful purposes,

Have agreed on the following:






'TIAS 6347; 18 UST 2410.






42



ARTICLE I

For the purposes of this Convention:

(a) The term "damage" means loss of life, personal injury or other impairment of health,- or loss of or damage to property of States or of persons, natural or juridical, or property of international intergovernmental organizations;

(b) The term "launching" includes attempted launching;

(c) The term "launching State" means:

(i) A State which launches or procures the launc.,.ing of

a space object;

(ii) A State from whose territory or facility a space

object is launched;

(d) The term "space object" includes component parts of a space object as well as its launch vehicle and parts thereof.


ARTICLE II

A launching State shall be absolutely liable to pay compensation for damage caused by its space object on the surface of the earth or to aircraft in flight.


ARTICLE III

In the event of damage being caused elsewhere than on the

surface of the earth to a space object of one launching State or to persons or property-on board such a space object by a space object of another launching State, the latter shall be liable only if the damage is due to its fault of the fault of persons for whom it is responsible.






43



ARTICLE IV

1. In the event of damage being caused elsewhere than on

the surface of the earth to a space object of one launching State or to persons or property on board such a space object by a space object of another launching State, and of damage thereby being caused to a third State or to its natural or juridical persons, the first two States shall be jointly and severally liable to the third State, to the extent indicated by the following:

(a) If the damage has been caused to the third State

on the surface of the earth or to aircraft in flight, their

liability to the third State shall be absolute;

(b) If the damage has been caused to a space object of

the third State or to persons or property on board that space object elsewhere than on the surface of the earth, their liability to the third State shall be based on the

fault of either of the first two States or on the fault of

persons for whom either is responsible.

2. In all cases of joint and several liability referred to in paragraph 1 of this article, the burden of compensation for the damage shall be apportioned between the first two States in accordance with the extent to which they were at fault; if the extent of the fault of each of these States cannot be established, the burden of compensation shall be apportioned equally between them. Such apportionment shall be without prejudice to the right of the third State to seek the entire compensation due under this Convention from any or all of the launching States which are jointly and severally liable.






44



ARTICLE V

1. Whenever two or more States jointly launch a space

object, they shall be jointly and severally liable for any damage caused.

2. A launching State which has paid compensation for damage shall have the right to present a claim for indemnification to other participants in the joint launching. The participants in a joint launching may conclude agreements regarding the apportioning among themselves of the financial obligation in respect of which they are jointly and se verally liable. Such agreements shall be without prejudice to the right of a State sustaining damage to seek the entire compensation due under this Convention from any or all of the launching States which are jointly and severally

liable.

3. A State from whose territory or facility a space object is launched shall be regarded as a participant in a joint launching.


ARTICLE V1

1. Subject to the provisions of paragraph 2 of this article, exoneration from absolute liability shall be granted to the extent that a launching State establishes that the damage has resulted either wholly or partially from gross negligence or from an act or omission done with intent to cause damage on the part of a claimant State or of natural or juridical persons it represents.

2. No exoneration whatever shall be granted in cases where the damage has resulted from activities conducted by a launching State which are not in conformity with international law including,






4 pa'




in particular, the Charter of the United Nations Ill and the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon -ind Other Celestial Bodies.


ARTICLE VII

The provisions of this Convention shall not apply to damage caused by a space object of a launching State to:

(a) Nationals of that launching State;

(b) Foreign nationals during such time as they are

participating in the operation of that space object from the time of its launching or at any stage thereafter until its descent, or during such time as they are in the immediate vicinity of a planned launching or recovery area as the result of an invitation by that launching State.


ARTICLE VIII

1. A State which suffers damage, or whose natural or

juridical persons suffer damage, may present to a launching State a claim for compensation for such damage.

2. If tne State of nationality has not presented a claim,

another State may, in respect of damage sustained in its territory by any natural or juridical person, present a claim to a launching State.

3. If neither the State of nationality nor the State in

whose territory the damage was sustained has presented a claim or notified its intention of presenting a claim, another State may, in respect of damage sustained by its permanent residents, present a claim to a launching State.






'T8 9963; 59 Stat. 1031.








80-608 0 77 4






46


ARTICLE IX

A claim for compensation for damage shall be presented to a launching State through diplomatic channels. If a State does not maintain diplomatic relations with the launching State concerned, it may request another State to present its claim to that launching State or otherwise represent its interests under this Convention. It may also present its claim through the Secretary-General of the United Nations, provided the claimant State and the launching State are both Members of the United Nations.


ARTICLE X

1. A claim for compensation for damage may be presented to a launching State not later than one year following the date of the occurrence of the damage or the identification of the launching State which is liable.

2. If, however, a State does not know of the occurrence of the damage or has not been able to identify the launching State which is liable, it may present a claim within one year following the date on which it learned of the aforementioned facts; however, this period shall in no event exceed one year-following the date on which the State could reasonably be expected to have learned of the facts through the exercise of due diligence.

3. The time-limits specified in paragraphs 1 and 2 of this article shall apply even if the full extent of the damage may not be known. In this event, however, the claimant State shall be entitled to revise the claim and submit additional documentation after the expiration of such time-limits until one year after the full extent of the damage is known.






47



ARTICLE XI

1. Presentation of a claim to a launching State for

compensation for damage under this Convention-shall not require the prior exhaustion of any local remedies which may be available to a claimant State or to natural or juridical persons it represents.

2. Nothing in this Convention shall prevent a State, or

-natural or juridical persons it might represent, from pursuing a claim in the courts or administrative tribunals or agencies of a launching State. A State shall not, however, be entitled to present a claim under this Convention in respect of the same damage for which a claim is being pursued in the courts or administrative tribunals or agencies of a launching State or under another international agreement which is binding on the States concerned.


ARTICLE XII

The compensation which the launching State shall be liable to pay for damage under this Convention shall be determined in accordance with international law and the principles of justice and equity, in order to provide such reparation in respect of the damage as will restore the person, natural or juridical, State or international organization on whose behalf the claim is presented to the condition which would have existed if the damage had not occurred.


ARTICLE XIII

Unless the claimant State and the State from which compensation is due under this Convention agree on another form of compensation,






48



the compensation shall be paid in the currency of the claimant State or, if that State so requests, in the currency of the State from which compensation is due.


ARTICLE XIV

If no settlement of a claim is arrived at through diplomatic negotiations as provided for in article IX, within one year from the date on which the claimant State notifies the launching State that it has submitted the documentation of its claim, the parties concerned shall establish a Claims Commission at the request of either party.


ARTICLE XV

1. The Claims Commission shall be composed of three members: one appointed by the claimant State, one appointed by the launching State and the third member, the Chairman, to be chosen by both parties jointly. Each party shall make its appointment within two months of the request for the establishment of the Claims Commission.

2. If no agreement is reached on the choice of the Chairman within four months of the request for the establishment of the Commission, either party may request the Secreta'ry-General of the United Nations to appoint the Chairman within a further period of two months.


ARTICLE XVI

1. If one of the parties does not make its appointment

within the stipulated period, the Chairman shall, at the request of the other party, constitute a single-member Claims Commission.






49



2. Any vacancy which may arise in the Commission for

whatever reason shall be filled by the same procedure adopted for the original appointment.

3. The Commission shall determine its own procedure.

4. The Commission shall determine the place or places where it shall sit and all other administrative matters.

5. Except in the case of decisions and awards by a singlemember Commission, all decisions and awards of the Commission shall be by majority vote.


ARTICLE XVII

No increase in the membership of the Claims Commission shall take place by reason of two or more claimant States or launching States being joined in any one proceeding before the Commission. The claimant States so joined shall collectively appoint one member of the Commission in the same manner and subject to the same conditions as would be the case for a single claimant State. When two or more launching States are so joined, they shall collectively appoint one member of the Commission in the same way. If the claimant States or the launching States do not make the appointment within the stipulated period, the Chairman shall constitute a single-member Commission.


ARTICLE XVIII

The Claims Commission shall decide the merits of the claim for compensation and determine the amount of compensation payable, if any.






Ow .11
Ou



ARTICLE XIX

1. The Claims Commission shall act in accordance with the provisions of article XII.

2. The decision of the Commission shall be final and binding if the parties have so agreed; otherwise the Commission shall render a final and recommendatory award, which the parties shall consider in good faith. The Commission shall state the reasons for its decision or award.

3. The Commission shall give its decision or award as

promptly as possible and no later than one year from the date of its establishment, unless an extension of this period is found necessary by the Commission.

4. The Commission shall make its decision or award public. It shall deliver a certified copy of its decision or award to each of the parties and to the Secretary-General of the United Nations.


ARTICLE XX

The expenses in regard to the Claims Commission shall be borne equally by the parties, unless otherwise decided by the Commission.


ARTICLE XXI

If the damage caused by a space object presents a large-scale danger to human life or seriously interferes with the living conditions of the population or the functioning of vital centers, the States Parties, and in particular the launching State, shall examine the possibility of rendering appropriate and rapid assistance to the State which has suffered the damage, when it so requests. However, nothing in this article shall affect the rights or obligations of the States Parties under this Convention.










ARTICLE XXII

1. In this Convention, with the exception of articles XXIV to XXVII*, references to States shall be deemed to apply to any international intergovernmental organization which conducts space activities if the organization declares its acceptance of the rights and obligations provided for in this Convention and if a majority of the States members of the organization are States Parties to this Convention and to the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies.

2. States members of any such organization which are States Parties to this Convention shall take all appropriate steps to ensure that the organization makes a declaration in accordance with the preceding paragraph.

3. If an international intergovernmental organization is

liable for damage by virtue of the provisions of this Convention, that organization and those of its members which are States Parties to this Convention shall be jointly and severally liable; provided, however, that:

(a) Any claim for compensation in respect of such damage

shall be first presented to the organization;

(b) Only where the organization has not paid, within a

period of six months, any sum agreed or determined to be due

as compensation for such damage, may the claimant State invoke

the liability of the members which are States Parties to this

Convention for the payment of that sum.






52



4. Any claim, pursuant to the provisions cf "-,is Convention, for compensation in respect of damage caused to an organization which has iiade a declaration in accordance with paragraph I of this article shall be presented by a State member of the organization which is a State Party to this Convention.


ARTICLE XXIII

1. The provisions of this Convention shall not affect other international agreements in force in so far as relations between the States Parties to such agreements are concerned.

2. No provision of this Convention shall prevent States

from concluding international agreements reaffirming, supplementing or extending its provisions.


ARTICLE XXIV

1. This Convention shall be open to all States for signature. Any State which does not sign this Convention before its entry into force in accordance with paragraph 3 of this article may accede to it at any time.

2. This Convention shall be subject to ratification by

signatory States. Instruments of ratification and instruments of accession shall be deposited with the Governments of the United States of America, the United Kingdom of Great Britain and Northern Ireland and the Union of Soviet Socialist Republics, which are hereby designated the Depositary Governments.

3. This Convention shall enter into force on the deposit of the fifth instrument of ratification.






53



4. For States whose instruments of ratification or accession are deposited subsequent to the entry into force of this Convention, it shall enter into force on the date of the deposit of their instruments of ratification or accession.

S. The Depositary Governments shall promptly inform all

signatory and acceding States of the date of each signature, the date of deposit of each instrument of ratification of and accession to this Convention, the date of its entry into force and other notices.

6. This Convention shall be registered by the Depositary Governments pursuant to Article 102 of the Charter ol the United Nations.


ARTICLE XXV

Any State Party to this Convention may propose amendments to this Convention. Amendments shall enter into force for each State Party to the Convention accepting the amendments upon their acceptance by a majority of the States Parties to the Convention and thereafter for each remaining State Party to the Convention on the date of acceptance by it.


ARTICLE XXVI

Ten years after the entry into force of this Convention, the question of the review of this Convention shall be included in the provisional agenda of the United Nations General Assembly in order to consider, in the light of past application of the Convention, whether it requires revision. However, at any time after the






54



Convention has been in force for five years, and at the request of one third of the States Parties to the Convention, and with the concurrence of the majority of the States Parties, a conference of the States Parties shall be convened to review this Convention.


ARTICLE XXVII

Any State Party to this Convention may give notice of its

withdrawal from the Convention one year after its entry into force by written notification to the Depositary Governments. Such withdrawal shall take effect one year from the date of receipt of this notification.


ARTICLE XXVIII

This Convention, of which the English,, Russian,. French, Spanish and Chinese texts are equally authentic, shall be deposited in the archives of the Depositary Governments. Duly certified copies of this Convention shall be transmitted by the Depositary Governments to the Governments of the signatory and acceding States.






55

Convention on international liability for damage caused by space objects. Done at Washington, London and Moscow March 29, 1972. (Senate advice and consent to ratification given October 6, 1972; ratified by the President May 18t 1973; ratification depo ted October 9, 1973) (TIAS 7762). Entered into force for the
United States O:tiober 9. 1973.
Totals as of December 1, 1976:
Signatures: 71 plus the Ukranian S.S.R. and Byelorussian S.S.R.
Ratifications: 30 plus the Ukranian S.S.R.
Accessions: 11.
THE SPACE LIABILITY CONVENTION

Washington Moscow I London'
Country Signature Ratification Signature Ratification Signature Ratification

United States ------------ Mar. 29,1972 Oct. 9,1973 Mar. 29,1972 Oct 9,1973 Mar. 29,1972 Oct. 9, 1973
Algeria ------------------------------------------------------------------------- Apr. 20,1972
Argentina --------------- Mar. 29,1972 -------------- Mar. 29,1972 -------------- Apr. 5, 1972
Austria ----------------- May 30,1972 -------------- May 30,1972 -------------- May 30,1972
Belgium ----------------- Mar. 29,1972 -------------- Mar. 29,1972 -------------- Mar. 29,1972
Botswana -------------------- do ------- Mar. 11, 1974 ------------------------------ -----Brazil----- ---------- July 13,1972 Mar. 9,1973 July 13,1972 Mar. 9,1973 July 13,1972 Mar. 9,1973
Bulgaria ---------------- Mar. 29,1972 June 14,1972 Mar. 29,1972 May 14,1973 Mar. 29,1972 May 16,1972
Burundi --------------------- do --------------------------------------------------------------Byelorussian Soviet
Socialist Republic 2 --------------------------------- Mar. 29,1972 ----------------------------Central African Republic-- Apr. 27,1972 -------------------------------------------------------China, Republic of -------- Mar. 29,1972 Feb. 9,1973 -----------------------------------------Colombia --------------------- do --------------------------------------------------------------Costa Rica -------------------- do --------------------------------------------------------------Cyprus ------------------ May 12,1972 May 23,1973 May 5,1972 May 23,1973 Apr. 28,1972 May 15,1973
Czechoslovakia ---------- Mar. 29,1972 Sept. 8,1976 Mar. 29,1972 -------------- Mar. 29,1972
Dahomey --------------------- do---- Apr. 25,1975 -----------------------------------------Denmark ---------------- Apr. 19,10 --------------- Apr. 19,1972 -------------- Apr. 19,1972
Dominican Republic ------ Apr. 26,1972 Feb. 23,1973 -----------------------------------------Ecuador ----------------- Apr. 25,1972 Aug. 17,1972 -----------------------------------------Eppt ----------------------------------------------- May 19,1972 -------------- June 6,1972
E Salvador -------------- Mar. 29,1972 -------------------------------------------------------Finland ---------------------- do --------------------- Mar. 29,1972 -------------- Mar. 29, 1972
Gambia ----------------- June 2, 1972 -------------- June 2,1972 -------------- Aug. 8,1972
German Democratic ---------------------------- Mar. 29,1972 Aug. 30,1972 -------------Republic.
Ghana ------------------- Mar. 31, 1972 ------------------- do ----------------------------------Greece ------------------ Apr. 12,19723 - - - - - - - - - - - - - - - - - - - - - - - - - - -
Guatemala -------------- Mar. 29 1972 -------------------------------------------------------Haiti ------------------------- do ---------------------------------------------------------------Honduras -------------------- do --------------------------------------------------------------Hungary --------------------- do ------- Dec. 27,1972 Mar. 29,1972 Dec. 27,1972 Mar. 29,1972 Dec. 27,1972
Iceland ---------------------- do -------------------------- do -------------------------- do ------Iran ------------------------- do ------- Feb. 13,1974 -----do -------------------------- do ------Ireland ---------------------- do ------- June 29,19724 --------------------------------- do - - - 4June 29,1972
Italy ------------------------- do --------------------- Mar. 29,1972 -------------- Apr. 14,1972
Jordan ------------------ May 25,1972 -------------- June 6,1972 ---------------------------Khmer Republic ---------- Mar. 29,1972 -------------------------------------------------------Korea, Republic of ------------ do.3 ................................................ Mar. 29,19723
KuwaiL ----------------- June 7,1972 Nov. 15,1972 June 9, 972 Nov. 23,1972 June 20,1972 Oct. 30, 1972
Laos -------------------- Mar. 29,1972 Mar. 22,1973 Mar. 31, 972 Mar. 20,1973 Mar. 29,1972 Apr. 25,1973
Lebanon --------------------- do --------------------- Apr. 21,1972 ------------------- do ------Luxembourg ------------- Apr. 25,1972 -------------- May 10,1972 -------------- Apr. 27,1972
Mali -------------------- Apr. 10,1972 June 9,1972 Apr. 4,1972 ---------------------------Mexico -- -------------- Mar. 29,1972 Apr. 8,1974 Mar. 29,1972 -------------- Mar, 29,1972 Apr. 8 1974
Mongolia ---------------- Apr. 10, 1972 Sept. 5, 1972 ----- do ----- Oct. 20, 1972 ----- do ------- Sept 14:1972
Morocco ---------------- Mar 29,1972 -------------- Apr. 5,197i -------------- Apr. 4, 1972
Nepal ------------------ June 19,1972 -------------- Mar. 29, 1972 -------------- Mar. 29,1972
New Zealand ----------------- do ------- Oct 30, 1974 4 June 22,1972 -------------- June 19,1972 40ct. 30, 1974
Nicaragua --------------- Mar. 29,1972 ------------------------------------------ Apr. 11, 1972
Niger ------------------- May 24,1972 Sept 1, 1972 -----------------------------------------Norway ----------------- Mar. 29,1972 -------------- Mar. 29,1972 -------------- Mar. 29,1972
Oman --------------------------------------------------------------------------- June 23,1972
Pakistan ---------------- Aug. 10,1972 Apr. 4,1973 July 7,1972 May 29,1973 July 6,1972 Apr. 10, 1973
Panama ------------------------------ June 5,1974 ---------------------------- Mar. 29,1972
Peru ------------------- Apr. 10, 1972 -------------------------------------------------------Philippines -------------- Aug. 22, 1972 -------------------------------------------------------Poland ------------------ Mar. 29,1972 Jan. 25,1973 Mar. 29,1972 Jan. 25,1973 Mar. 29,1972 Jan. 25,1973
Romania ---------------- Mar. 29,1972 -------------- Mar. 29,1972 -------------- Mar. 29,1972
Rwanda ---------------------- do -------------------------- do ----------------------------------Senegal ----------------- Apr. 14,1972 Mar. 26,1975 -----------------------------------------Sierra Leone ------------- July 17,1972 -------------- July 14,1972 ---------------------------Singapore --------------- July 19,1972 Aug. 19,1975 July 19,1972 -------------- July 19,1972
Spain -------------------- Mar. 29,1972 -------------------------------------------------------South Africa ------------------ do --------------------------------------------------------------Switzerland ------------------ do ------- Jan. 22,1974 Mar. 29,1972 -------------- Mar. 29,1972
See footnotes at end of table.







56

THE SPACE LIABILITY CONVENTION-Continued

Washington Moscow I London,
Country Signature Ratification Signature Ratification Signature Ratification

Tanzania ---------------- May 31, 1972 -------------------------------------------------------Togo ------------------- Apr. 10, 1972 Apr. 26, 1976 -----------------------------------------Tunisia ----------------- Mar. 29, 1972 May 18, 1973 Apr. 3, 1972 May 30, 1973 Apr. 6, 1972 June 6, 1973
Ukrainian Soviet Socialist ---------------------------- Mar. 29, 1972 Oct. 16, 1973 -------------RepubliC.2
U.S.S.R ----------------- Mar. 29, 1972 Oct. 9, 1973 ----- do ------- Oct. 9, 1973 Mar. 29, 1972 Oct. 9,1973
United Kingdom -------------- do ------------ do ------------ do ------------ do ------------ do ------- Do.
Venezuela -------------------- do --------------------------------------------------------------Zaire ------------------------ do --------------------- Apr. 4, 1972 ---------------------------Accession Accession Accession

Iraq ------------------------------------------------ Oct. 4,1972
Fiji --------------------- Apr. 4, 1973 May 14, 1973 May 4, 1973
SriLanka --------------- Apr. 9, 1973 Apr. 9, 1973 May 3, 1973
Zambia ----------------- Aug. 20, 1973 Aug.21,1973 Aug. 28, 1973
Australia ---------------- Jan.20,1975 ---------------------------- Jan.20,1975
Canada ----------------- Feb. 20, 1974 4 - - - - - - - - - - - - - - 4 Feb. 20, 1975
Kenya ------------------ Sept. 25, 1975 ---------------------------Yugoslavia -------------- Oct. 20, 1975 -------------------------
Federal Republic of Dec. 18, 1975 3 - - - - - - - - - - - - -
Germany.
France ------------------ Dec.31,1975 ---------------------------Sweden ----------------- June 15, 1976 4 - - - - - - - - - - - - -
Chile ------------------- Dec.1,1976 ---------------------------I The listings for signings in Moscow and London are based upon official reports received.
2 The United States considers this Republic as already covered by the signature affixed to the treaty by the U.S.S.R.
3 With statement.
4 With declaration.







CONVENTION ON REGISTRATION OF OBJECTS LAUNCHED INTO OUTER SPACE
The States Parties to this Convention,
Recognizing the common interest of all mankind in furthering the exploration and use of outer space for peaceful purposes,
Recalling that the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies of 27 January 1967 affirms that States shall bear international responsibility for their national activities in outer space and refers to the State on whose registry an object launched into outer space is carried,
Recalling also that the Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space of 22 April 1968 provides that a launching authority shall, upon request, furnish identifying data prior to the return of an object it has launched into outer space found beyond the territorial limits of the launching authority,
Recalling further that the Convention on International Liability for Damage Caused by Space Objects of 29 March 1972 establishes international rules and procedures concerning the liability of launching States for damage caused bv their space objects,
Desiring, in the light of the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, to make provision for the national registration by launching States of space objects launched into outer space,
Desiring further that a central register of objects launched into outer space be established and maintained, on a mandatory basis, by the Secretarv-General of the United Nations, y "
Desiring also to provide for States Parties additional means and procedures to assist in the identification of space objects,
Believing that a mandatory system of registering objects launched into outer space would, in particular, assist in their identification and would contribute to the application and development of international law governing the exploration and use of outer space,
Have agreed on the following:

ARTICLE I
For the purposes of this Convention:
(a) The term "launching State" means:
(i) A State which launches or procures the launching of a
space object;
(ii) A State from whose territory or facility a space object
is launched;
(b) The term "space object" includes component parts of a space
object as well as its launch vehicle and parts thereof;

(57)





58


(c) The term "State of registry" means a launching State on
-whose registry a space object is carried in accordance with article
11.
ARTicLE II
1. When a space object is launched into orbit or beyond, the launching State shall register the space object by means of an entry in an appropriate registry which it shall maintain. Each launching State shall inform the Secretary-General of the United Nations of the establishment of such a registry.
2. Where there are two or more launching States in respect of any such space object, they shall jointly determine which one of them shall register the object in accordance with paragraph 1 of this article. bearing in mind the provisions of article VIII of the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, and without prejudice to appropriate agreements concluded or to be concluded among the launching States on jurisdiction and control over the space object and over any personnel thereof.
3. The contents of each registry and the conditions under which it is maintained shall be determined by the State of registry concerned.
ARTjicLE III
1. The Secretary-General of the United Nations shall maintain a Re(-ister in which the information furnished in accordance with article IV shall be recorded.
2. There shall be full and open access to the information in this Re(rister.
:n
ARTicrz IV
1. E,,ich State of registry shall furnish to the Secret ary-General of the United Nations, as soon as practicable, the following information concerning each space object carried on its registry:
(a Name of launchi State or States;
(b Am appropriate Tesignator of the space object or its registration number;
(e) Date and territory or location of launch;
(d) Basic orbital parameters, including:
(i) Nodal period,
Inclination,
Apogee,
(iv) Perigee;
General function of the space object.
Each State of registry may, from time to time, provide the Secretary-General of the United Nations with additional information concerning a space object carried on its registry.
3. Each State of registry shall notify the Secretary-General of the United Nations, to the greatest extent feasible and as soon as practicable, of space objects concerning which it has previously transmitted information, and which have been but no longer are in earth orbit.





59


ARTICLE V
'Whenever a space object launched into earth orbit or beyond is marked with the designator or registration number referred to in article IV, paragraph 1 (b), or both, the State of registry shall notify the Secretary-General of this fact when submitting the information regarding the space object in accordance with article IV. In such case, the Secret ary-General of the United Nations shall record this notification iii the Register.
A.RTiCLE VI
'Where the application of the provisions of this Convention has not enabled a State Party to identify a space object which has caused dam-, age to it or to any of it~s natural or juridical persons, or which may be of a hazardous or deleterious nature, other States Parties, including in particular States possessing space monitoring and tracking facilities, shall respond to the greatest extent feasible to a request by that State Party, or transmitted through the Secretary-General on its behalf, for assistance under equitable and reasonable conditions in the identification of the object. A State Party making such a request shall, to the greatest extent feasible, submit'information as to the time, nature and circumstances of the events giving rise to the request. Arrangements under which such assistance shall be rendered shall be the subject of agreement between. the parties concerned.

ARTICLE VII
1. In this Convention, with the exception of articles VIII to XII inclusive, references to States shall be deemed to apply to any international intergovernmental organization which conducts space activities if the organ 'ization declares its acceptance of the rights and obligations provided for in this Convention and if a majority of the States members of the organization aire States Parties to this Convention and to the Treaty on Principles Governing the Activities of States in the Exploration'a and Use of Outer Space, including the Moon and Other Celestial Bodies.
2. States m embers of any such organization which are States Parties to this Convention sha take all appropriate steps to ensure that the organization makes a declaration in accordance with paragraph 1 of this article.
ARTICLE VIII
1. This Convention shall be open for signature by all States at United Nations Headquarters in New York. Any State which does not sign, this Convention before its entry into force in accordance with paragraph 3 of this article may accede to it at any time.
2. This Convention shall b e subject to ratification by signatory States. Instruments of ratification and in struments of accession shall be deposited with the Secretary-General of the United Nations.
3. This Convention shall enter into force among the States which have deposited instruments of ratification on 'the deposit of the fifth such instrument with the Secretary-General of the United Nations.





60


4. For States whose instruments of ratification or accession are deposited subsequent to the entry into force of the Convention, it shall enter into force oil the date of the deposit of their instruments of ratification or accession.
5. The Secretary-General shall promptly inform all signatory and acceding States of the date of each signature, the date of deposit of each instrument of ratification of and accession to this Convention, the date of its entry into force and other notices.
ARTICLE IX
Any State Party to this Convention may propose amendments to the Convention. Amendments shall enter into force for each State Party to the Convention accepting the amendments upon their acceptance by a majority of the States Parties to the Convention and thereafter for each remaining State Party to the Convention on the date of acceptance by it.
ARTICLE X
Ten years after the entry into force of this Convention, the question of the review of the Convention shall be included in the provisional agenda of the United Nations General Assembly in order to consider, in the light of past application of the Convention, whether it requires revision. However, at any time after the Convention has been in force for five years, at the request of one third of the States Parties to the Convention and with the concurrence of the majority of the States Parties, a conference of the States Parties shall be convened to review this Convention. Such review shall take into account in particular any relevant technological developments, including those relating to the identification of space objects.

ARTICLE XI
Any State Party to this Convention may give notice of its withdrawal from the Convention one year after its entry into force by written notification to the Secretary-General of the United Nations. Such withdrawal shall take effect one year from the date of receipt of this notification.
ARTICLE XII
The original of this Convention, of which the Arabic, Chinese, English, French. Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations, who shall send certified copies thereof to all signatory and acceding States.
IN WITNESS WHEREOF the undersigned, being duly authorized thereto by their respective Governments, have signed this Convention, opened for signature at New York on *







61


Convention on registration of objects launched into outer space. Opened for signature at New York Januairy 14, 1975. Senate advice and consent to ratification June 21, 1976. Instrutment of ratification signed by the Presidenlt July 24, 1976.
Signatures, ratifications deposited, adherences, acceptances.
Depositary: Secretary-General of the United Nations.
Entry into force-lDate: September 15, 1976.
Method: On the deposit of the fifth instrument of ratification (art. V11I, 3); subsequent to entry into force of the convention, it wyill enter into force for each state on deposit of instruments of ratification or accession (-art. V111, 4).
Diiration: Not stated. Parties may withdraw from the convention one yeair after its entry into force 1)v written notice to UN Secretary-Generaql, to 1)e effective one year from date of receipt (,art. XI).

Ratifications
Countries Signatures deposited

United States----------------------------------------------------------- Jan. 24, 1975 Sept. 15, 1976
France---------------------------------------------------------------- Jan. 14,1975 Dec. 17, 1975
Canada --------------------------------------------------------------- Feb. 14, 1975 Aug. 4, 1976
Belgium -------------------------------------------------------------- Mar. 19,1975
Argentina ------------------------------------------------------------- Mar. 26, 1975
Switzerland------------------------------------------------------------ Apr. 14, 1975
United Kingdom -------------------------------------------------------- May 6,1975
Nicaragua ------------------------------------------------------------- May 13, 1975
Iran------------------------------------------------------------------ May 27, 1975
Union of Soviet Socialist Republics ------------------------------------------ June 17, 1975
Byelorussian Soviet Socialist Republic---------------------------------------- June 30, 1975
Ukrainian Soviet Socialist Republic ------------------------------------------ July 11, 1975
German Democratic Republic----------------------------------------------- Aug. 27, 1975
Austria --------------------------------------------------------------- Oct. 14, 1975
Mongo!ia -------------------------------------------------------------- Oct. 30, 1975
Hungary -------------------------------------------------------------- Oct. 13, 1975
Burundi--------------------------------------------------------------- Nov. 13, 1975
Pakistan -------------------------------------------------------------- Dec. 1,1975
Poland---------------------------------------------------------------- Dec. 4,1975
Denmark -------------------------------------------------------------- Dec. 12,1975
Mexico---------------------------------------------------------------- Dec. 19,1975
Bulgaria -------------------------------------------------------------- Feb. 4,1976 May 11, 1976
Federal Republic of Germany----------------------------------------------- Mar. 2,1976
Czechoslovakia --------------------------------------------------------- Apr. 5,1976
Sweden--------------------------------------------------------------- June 9,1976 June 9, 1976
Niger----------------------------------------------------------------- Aug. 5,1976
Singapore ------------------------------------------------------------- Aug. 31,1976






































80-608 0- 77 5













MULTILATERAL

International Telecommunications Satellite
Organization (INTELSAT)

Agreement, with annexes, done at Washington August 20, 1971; Entered into force February 12, 1973. And operating agreement, with annex Concluded by certain Governments and entities designated by
Governments;
Done at Washington August 20, 1971; Entered into force February 12, 1973.

(63)






64



PREAMIlE


The States Parties to this Agreement,

Considering~the principle set forth in Resolution 1721 (XVI) of the General Assembly of the United Nations that ccxmaunication by means of satellites should be available to the nations of the world as soon as practicable on a global and non-discriminatory basis,

Considering the relevant provisions of the Treaty on Principles

Governing the Activities of States in the Exploration and Use of Outer Space, Including the ?Mon and Other Celestial Bodies, [] and in particular Article I, which states that outer space shall be used for the benefit and in the interests of all countries,

Noting that pursuant to the Agreement Establishing Interim Arrangements for a Global Commercial Communications Satellite System and the related Special Agreement, a global commercial telecommunications satellite system has been established,

Desiring to continue the development of this telecommunications satellite system with the aim of achieving a single global commercial telecommunications satellite system as part of an improved global telecommunications network which will provide expanded telecommunications services to all areas of the world and which will contribute to world peace and understanding,

Determined, to this end, to provide, for the benefit of all mankind, through the most advanced technology available, the most efficient and economic facilities possible consistent with the best and most equitable use of the radio frequency spectrum and of orbital space,



'TIAS 6347; 18 [UST 2410.






65



Believing that satellite telecommunications should be organized in

such a way as to permit all peoples to have access to the global satellite system and those States members of the International Telecommunication Union so wishing to invest in the system with consequent participation in the design, development., construction,, including the provision of equipment., establishment, operation, maintenance and ownership of the system,

Pursuant to the Agreement Establishing Interim Arrangements for a Global Commercial Communications Satellite SystemP]

Agree as follows:


ARTICLE I

(Definitions)

For the purposes of*this Agreement:

(a) "Agreement" means the present agre nt,, including its Annexes but excluding all titles of Articles, opened for signature by Governments at Washington on August 20. 1971, by which the international telecommunications satellite organization "INTELSAT" is established;

(b) "Operating Agreement" means the agreement, including its Annex but excluding all titles of Articles, opened for signature at Washington On August 20, 1971, by Governments or telecommunications entities designated by Governments in accordance with the provisions of this Agreement;

(c) "Interim Agreement" means the Agreement Establishing Interim Arrangements for a Global Commercial Communications Satellite System signed by Governments at Washington on August 20., 1964;

(d) "Special Agreement" means the agreement signed on August 20, 1964, by Governments or telecommunication's entities designated by Governments., pursuant to the provisions of the Interim Agreement;




'TIAS 5646; 15 UST 1705.






66



(e) "Interim Communications Satellite Committee" means the Committee established by Article IV of the Interim Agreement;

(f) "Party" means a State for which the Agreement has entered into force or been provisionally applied;

(g) "Signatory" means a Party, or the telecommunications entity

designated by a Party., which has signed the Operating Agreement and for which it has entered into force or been provisionally applied;

(h) "Space segment" means the telecammniications satellites, and the tracking, telemetry., command., control, monitoring and related facilities and equipment required to support the operation of these satellites;

M "INTELSAT space segment" means the space segment owned by INTELSAT;

(j) "Telecommunications" means any transmission, emission or reception of signs, signals, writing, images and sounds or intelligence of any nature., by wire, radio,, optical or other electromagnetic systems;

(k) "Public telecommunications services" means fixed or mobile telecommunications services which can be provided by satellite and which are available for use by the public., such as telephony., telegraphy., telex,, facsimile., data transmission, transmission of radio and television programs between approved earth stations having access to the INTELSAT space segment for further transmission to the public, and leased circuits for any of these purposes; but excluding those mobile services of a type not provided under the Interim Agreement and the Special Agreement prior to the opening for signature of this Agreement., which are provided through mobile stations






67



operating directly to a satellite which is designed, in whole or in part,, to provide services relating to the safety or flight control of aircraft or to aviation or maritime radio navigation;

(1) "Specialized telecommunications services" means telecommunications services which can be provided by satellite, other than those defined in paragraph (k) of this Article, including, but not limited to., radio navigation services, broadcasting satellite services for reception by the general public, space research services, meteorological services, and earth resources services;

(m) "Property" includes every subject of whatever nature to which a right of ownership can attach., as well as contractual rights; and

(n) "Design" an(l. "development" include research directly related to the purposes of INTELSAT.






68



ARTICLE II

(Establishment of INTELSAT)

(a) With full regard for the principles set forth in the Preamble to this Agreement,, the Parties hereby establish the international telecommunications satellite organization "INTELSAT". the main purpose of which is to continue and carry forward on a definitive basis the design, development., construction, establishment, operation and maintenance of the space segment of the global commercial telecommunications satellite system as established under the provisions of the Interim Agreement and the Special Agreement.

(b) Each State Party shall sign, or shall designate a telecommunications entity, public or private, to sign, the Operating Agreement which shall be concluded in conformity with the provisions of this Agreement and which shall be opened for signature at the same time as this Agreement. Relations between any telecommunications entity, acting as Signatory, and the Party which has designated.it shall be governed by applicable domestic law.

(c) Telecommunications administrations and entities may, subject to applicable domestic law, negotiate and enter directly into appropriate traffic agreements with respect to their use of channels of telecommunications provided pursuant to this Agreement and the Operating Agreement, as well as services to be furnished to the public., facilities, divisions of revenue and related business arrangements.






69



ARTICLE III

(Scope of INTELSAT Activities)

(a) In continuing and carrying forward on a definitive basis

activities concerning the space segment of the global commercial telecommunications satellite system referred to in paragraph (a) of Article II of this Agreement, INTELSAT shall have as its prime objective the provision, on a commercial basis, of the space segment required for international public telecommunications services of high quality and reliability to be available on a non-discriminatory basis to all areas of the world.

(b) The following shall be considered on the same basis as international public telecommunications services:

(i) domestic public telecommunications services between

areas separated by areas not under the jurisdiction

of the State concerned, or between areas separated by

the high seas; and

(ii) domestic public telecommunications services between

areas which are not linked by any terrestrial wideband facilities and which are separated by natural

barriers of such an exceptional nature that they

impede the viable establishment of terrestrial wideband facilities between such areas, provided that the

Meeting of Signatories, having regard to advice tendered

by the Boaxd of Governors, has given the appropriate

approval in advance.






70



(c) The INTELSAT space segment established-to meet the prime objective shall also be made available for other domestic public telecommunications services on a non-discriminatory basis to the extent that the ability of INTELSAT to achieve its prime objective is not impaired.

(d) The INTELSAT space segment may also, on request and under appropriate terms and conditions, be utilized for the purpose of specialized telecommunications services, either international or domestic other than for military purposes, provided that:

(i) the provision of public telecommunications services is not unfavorably affected thereby; and

(ii) the arrangements are otherwise acceptable from a technical and economic point of view.

(e) INTELSAT may, on request and under appropriate terms and conditions, provide satellites or associated facilities separate from the INTELSAT space segment for:

(i) domestic public telecommunications services in

territories under the jurisdiction of one or more Parties;

(ii) international public telecommunications services

between or among territories under the jurisdiction of two or more Parties;

(iii) specialized telecommunications services, other than for military purposes;

provided that the efficient and economic operation of the INTELSAT space segment is not unfavorably affected in any way.






71



(f) The utilization of the INTEISAT space segment for specialized

telecommunications services pursuant to paragraph (d) of this Article, and the provision of satellites or associated facilities separate from the INTEISAT space segment pursuant to paragraph (e) of this Article, shall be covered by contracts entered into between INTEIBAT and the applicants concerned. The utilization of INTEISAT space segment facilities for specialized telecommunications services pursuant to paragraph (d) of this Article, and the provision of satellites or associated facilities separate from the INTEISAT space segment for specialized telecommunications services pursuant to subparagraph (e) (iii) of this Article, shall be in accordance with appropriate authorizations., at the planning stage, of the Assembly of Parties pursuant to subparagraph (c) (iv) of Article VII of this Agreement. Where the utilization of INTEISAT space segment facilities for specialized telecommunications services would involve additional costs which result from required modifications to existing or planned INTEISAT space segment facilities., or where the provision of satellites or associated facilities separate from the INTEISAT space segment is sought for specialized telecommunications services as provided for in subparagraph (e) (iii) of this Article, authorization pursuant to subparagraph (c) (iv) of Article VII of this Agreement shall be sought from the Assembly of Parties as soon as the Board of Governors is in a position to advise the Assembly of Parties in detail regarding the estimated cost of the proposal, the benefits to be derived, the technical or other problems involved and the probable effects on present or foreseeable INTEISAT services. Such authorization shall be obtained before the procurement process for the facility or facilities involved is initiated.






72



Before making such authorizations, the Assembly of Parties,, in appropriate cases, shall consult or ensure that there has been consultation by INTELSAT with Specialized Agencies of the United Nations directly concerned with the provision of the specialized telecommunications services in question.


ARTICLE IV

(juridical Personality)

(a) INTELSAT shall possess juridical personality. It shall enjoy the full capacity necessary for the exercise of its functions and the achievement of its purposes, including the capacity to:

W conclude agreements with States or international organizations;

(ii) contract;

(iii) acquire and dispose of property; and

(iv) be a party to legal proceedings.

(b) Each Party shall take such action as is necessary within its

jurisdiction for the purpose of making effective in terms of its own law the provisions of this Article.


ARTICLE V

(Financial Principles)

(a) INTELSAT shall be the owner of the INTELSAT space segment and of

all other property acquired by INTELSAT. The financial interest in INTELS,.T of each Signatory shall be equal to the amount arrived at by the application of its investment share to the valuation effected pursuant to Article 7 of the Operating Agreement.






73



(b) Each Signatory shall have an investment share corresponding to its percentage of all utilization cf the INTELSAT space segment by all Signatories as determined in accordance with the provisions of the Operating Agreement. However, no Signatory, even if its utilization of the INTELSAT space segment is nil,, shall have an investment share less than the minimum established in the Operating Agreement.

(c) Each Signatory shall contribute to the capital requirements of INTELSAT, and shall receive capital repayment and compensation for use of capital in accordance with the provisions of the Operating Agreement.

(d) A-11 users of the INTELSAT space segment shall pay utilization charges determined in accordance with the provisions of this Agreement and the Operating Agreement. The rates of space segment utilization charge for each type of utilization shall be the same for all applicants for space segment capacity for that type of utilization.

(e) The separate satellites and associated facilities referred to in paragraph (e) of Article III of this Agreement may be financed and owned by INTELSAT as part of the INTELSAT space segment upon the unanimous approval of all the Signatories. If such approval is withheld, they shall be separate from the INTELSAT space segment and shall be financed and owned by those requesting them. In this case the financial terms and conditions set by INTELSAT shall be such as to cover fully the costs directly resulting from the design, development, construction and provision of such separate satellites and associated facilities as well as an adequate part of the general and administrative costs of INTELSAT.






74



ARTICLE VI

(Structure of INTELSAT)

(a) INTELSAT shall have the following organs:

(i) the Assembly of Parties;

(ii) the Meeting of Signatories;

(iii) the Board of Governors; and

(iv) an executive organ, responsible to the Board of Governors.

(b) Except to the extent that this Agreement or the Operating Agreement specifically provides otherwise, no organ sha.11 make determinations or otherwise act in such a way as to alter, nullify, delay or in any other manner interfere with the exercise of a power or the discharge of a responsibility or a function attributed to another organ by this Agreement or the Operating Agreement.

(c) Subject to paragraph (b) of this Article., the Assembly of Parties., the Meeting of Signatories and the Board of Governors shall each take note of and give due and proper consideration to any resolution, recommendation or view made or expressed by another of these organs acting in the exercise of the responsibilities and functions attributed to it by this Agreement or the Operating Agreement.


ARTICLE VII

(Assembly of Parties)

(a) The Assembly of Parties shall be composed of all the Parties and shall be the principal organ of INTELSAT.

(b) The Assembly of Parties shall give consideration to those aspects of INTELSAT which are primarily of interest to the Parties as sovereign






75



States. It shall have the power to give consideration to general policy and long-term objectives of INTELSAT consistent with the principles, purposes and scope of activities of INTELSAT, as provided for in this Agreement. In accord&nce with paragraphs (b) and (c) of Article VI of this Agreement, the Assembly of Parties shall give due and proper consideration to resolutions, recommendations and views addressed to it by the Meeting of Signatories or the Board of Governors.

(c) The Assembly of Parties shall have the following functions and powers:

(i) in the exercise of its power of considering general policy

and long-term objectives of INTELSAT, to formulate its

views or make recommendations, as it may deem appropriate,

to the other organs of INTELSAT;

(ii) to determine that measures should be taken to prevent the

activities of INTELSAT from conflicting with any general

multilateral convention which is consistent with this Agree.ment and which is adhered to by at least two-thirds of the

Parties;

(iii) to consider and take decisions on proposals for amending this

Agreement in accordance-with Article XVII of this Agreement

and to propose, express its views and make recommendations

on amendments to the Operating Agreement;

(iv) to authorize, through general rules or by specific determinations, the utilization of the INTELSAT space segment and the provision of satellites and associated facilities separate from the INTELSAT space segment for specialized

telecommunications services within the scope of activities referred to in paragraph (d) and subparagraph (e) (iii) of

Article III of this Agreement;






76



(v) to review, in order to ensure the application of the principle

of non-discrimination, the general rules established pursuant

to subparagraph (b) (v) of Article VIII of this Agreement;

(vi) to consider and express its views on the reports presented.

by the Meeting of Signatories and the Board of Governors

concerning the implementation of general policies, the

activities and the long-term program of INTELSAT;

(vii) to express, pursuant to Article XIV of this Agreement, its findings in the form of recommendations, with respect to the intended establishment, acquisition or utilization of space segment facilities separate from the INTELSAT space segment

facilities;

(viii) to take decisions, pursuant to subparagraph (b) (i) of Article

XVI of this Agreement, in connection with the withdrawal of

a Party f rom INTELSAT;

(ix) to decide upon questions concerning formal relationships

between INTELSAT and States, whether Parties or not, or

international organizations;

(x) to consider complaints submitted to it by Parties;

(xi) to select the legal experts referred to in Article 3 of

Annex C to this Agreement;

(xii) to act upon the appointment of the Director General in accordance with Articles XI and XII of this Agreement; (xiii) pursuant to Article XII of this Agreement, to adopt the

organizational structure of the executive organ; and

(xiv) to exercise any other powers coming within the purview of the Assembly of Parties according to the provisions of this

Agreement.






77



(a) The first ordinary meeting of the Assembly of Parties shall be

.onvened by the Secretary General within one year following the date on which ;his Agreement enters into force. Ordinary meetings shall thereafter be :cheduled to be held every two years. The Assembly of Parties, however, may Decide otherwise from meeting to meeting.

(e) (i) In addition to the ordinary meetings provided for in paragraph

(d) of this Article, the Assembly of Parties may meet in extraordinary meetings, which may be convened either upon request of

the Board of Governors acting pursuant to the provisions of

Article )CLV or XVI of this Agreement, or upon the request of

one or more Parties which receives the support of at least onethird of the Parties including the requesting Party or Parties.

(ii) Requests for extraordinary meetings shall state the purpose

of the meeting and shall be addressed in writing to the

Secretary General or the Director General, who shall arrange

for the meeting to be held as soon as possible and in

accordance with the rules of procedure of the Assembly of

Parties for convening such meetings.

(f) A quorum for any meeting of the Assembly of Parties shall consist of epresentatives of a majority of the Parties. Each Party shall have one vote. decisions on matters of substance shall be taken by an affirmative vote cast ,y at least two-thirds of the Parties whose representatives are present and 'oting. Decisions on procedural matters shall be taken by an affirmative vote ast by a simple majority of the Parties whose representatives are present nrd voting. Disputes whether a specific matter is procedural or substantive hall be decided by a vote cast by a simple majority of the Parties whose epresentatives are present and voting.












80-608 0- 77 6






78



(g) The Assembly of Parties shall adopt its own rules of procedure, which shall include provision for the election of a Chairman and other officers.

(h) Each Party shall meet its own costs of representation at a meeting of the Assembly of Parties. Expenses of meetings of the Assembly of Parties shall be regarded as an administrative cost of INTELSAT for the purpose of Article 8 of the Operating Agreement.


ARTICLE VIII

(Meeting of Signatories)

(a) The Meeting of Signatories shall be composed of all the Signatories. In accordance with paragraphs (b) and (c) of Article VI of this Agreement, the Meeting of Signatories shall give due and proper consideration to resolutions, recommendations and views addressed to it by the Assembly of Parties or the Board of Governors.

(b) The Meeting of Signatories shall have the following functions and powers:

(i) to consider and express its views to the Board of Governors

on the annual report and annual financial statements submitted to it by the Board of Governors;

(ii) to express its views and make recommendations on proposed

amendments to this Agreement pursuant to Article XVII of

this Agreement and to consider and take decisions, in

accordance with Article 22 of the Operating Agreement and taking into account any views and recommendations received from the Assembly of Parties or the Board of Governors, on

proposed amendments to the Operating Agreement which are

consistent with this Agreement;






79



(iii) to consider and express its views regarding reports on future programs, including the estimated financial implications of such programs, submitted by the Board of

Governors;

(iv) to consider and decide on any recommendation made by the

Board of Governors concerning an increase in the ceiling

provided for in Article 5 of the Operating Agreement;

(v) to establish general rules, upon the recommendation of

and for the guidance of the Board of Governors, concerning:

(A) the approval of earth stations for access to the

INTELSAT space segment,

(B) the allotment of INTELSAT space segment capacity,

and

(C) the establishment and adjustment of the rates of

charge for utilization of the INTELSAT space segment

on a non-discriminatory basis;

(vi) to take decisions-pursuant to Article XVI of this Agreement in connection with the withdrawal of a Signatory from

INTELSAT;

(vii) to consider and express its views on complaints submitted to it by Signatories directly or through the Board of

Governors or submitted to it through the Board of Governors by users of the INTELSAT space segment who are not

Signatories;

(viii) to prepare and present to the Assembly of Parties, and to

the Parties, reports concerning the implementation of

general policies, the activities and the long-term program

of INTELSAT;






so



(ix) to take decisions concerning the approval referred to in

subparagraph (b)(ii) of Article III of this Agreement;

(x) to consider and express its views on the report on permanent management arrangements submitted by the Board of

Governors to the Assembly of Parties pursuant to paragraph (g) of Article XII of this Agreement;

(xi) to make annual determinations for the purpose of representation on the Board of Governors in accordance with Article IX of this Agreement; and

(xii) to exercise any other powers coming within the purview of the Meeting of Signatories according to the provisions of this Agreement or the Operating Agreement.

(c) The first ordinary meeting of the Meeting of Signatories shall be convened by the Secretary General at the request of the Board of Governors within nine months after the entry into force of this Agreement. Thereafter an ordinary meeting shall be held in every calendar year.

(d) (i) In addition to the ordinary meetings provided for in

paragraph (c) of this Article, the Meeting of Signatories

may hold extraordinary meetings, which may be convened

either upon the request of the Board of Governors or upon the request of one or more Signatories which receives the support of at least one-third of the Signatories including the requesting Signatory or Signatories.

(ii) Requests for extraordinary meetings shall state the purpose for which the meeting is required and shall be addressed in writing to the Secretary General or the Director Genera]

who shall arrange for the meetfng to- be held as soon as






81



possible and in accordance with the rules of procedure of the Meeting of Signatories for convening such meetings. The agenda for an extraordinary meeting shall be restricted to the purpose or purposes for which the meeting was convened.

(e) A quorum for any meeting of the Meeting of Signatories shall consist of representatives of a majority of the Signatories. Each Signatory shall have one vote. Decisions on matters of substance shall be taken by an affirmative vote cast by at least two-thirds of the Signatories whose representatives are present and voting. Decisions on procedural matters shall be taken by an affirmative vote cast by a simple majority of the Signatories whose representatives are present and voting. Disputes whether a specific matter is procedural or substantive shall be decided by a vote cast by a simple majority of the Signatories whose representatives are present and voting.

(f) The Meeting of Signatories shall adopt its own rules of procedure, which shall include provision for the election of a Chairman and other officers.

(g) Each Signatory shall meet its own costs of representation at meetings of the Meeting of Signatories. Expenses of meetings of the Meeting of Signatories shall be regarded as an administrative cost of INTELSAT for the purpose of Article 8 of the Operating Agreement.






82



ARTICLE IX

(Board of Governors: Composition and Voting)

(a) The Board of Governors shall be composed of:

(i) one Governor representing each Signatory whose investment

share is not less than the minimum investment share as

determined in accordance with paragraph (b) of this

Article;

(ii) one Governor representing each group of any two or more

Signatories not represented pursuant to subparagraph W of this paragraph whose combined investment share is not less than the minimum investment share as determined in accordance with paragraph (b) of this Article and which

have agreed to be so represented;

(iii) one Governor representing any group of at least five

Signatories not represented pursuant to subparagraph (i)

or (ii) of this paragraph from any one of the regions

defined by the Plenipotentiary Conference of the International Telecommunication Union, held at Montreux in

1965, regardless of the total investment shares held by

the Signatories comprising the group. However, the number

of Governors under this category shall not exceed two for

any region defined by the Union or five for all such

regions.






83



(b) (i) During the period between the entry into force of this

Agreement and the first meeting of the Meeting of

Signatories, the minimum investment share that will

entitle a Signatory or group of Signatories to be

represented on the Board of Governors shall be equal to the investment share of the Signatory holding position thirteen in the list of the descending order of size of

initial investment shares of all the Signatories.

(ii) Subsequent to the period mentioned in subparagraph (i)

of this paragraph, the Meeting of Signatories shall

determine annually the minimum investment share that will

entitle a Signatory or group of Signatories to be represented on the Board of Governors. For this purpose, the

Meeting of Signatories shall be guided by the desirability

of the number of Governors being approximately twenty,

excluding any selected pursuant to subparagraph (a) (iii)

of this Article.

(iii) For the purpose of making the determinations referred to

in subparagraph (ii) of this paragraph, the Meeting of

Signatories shall fix a minimum investment share according

to the following provisions:

(A) if the Board of Governors,, at the time the determination is made, is composed of twenty,, twenty-one or

twenty-two Governors., the Meeting of Signatories

shall fix a miniminn investment share equal to the

investment share of the Signatory which, in the

list in effect at that time, holds the same position






84



held in the list in effect when the previous determination was made, by the Signatory selected on that

occasion

(B) if the Board of Governors, at the time the determination is made, is composed of more than twenty-two Governors, the Meeting of Signatories shall fix a

minimum investment share equal to the investment

share of a Signatory which', in the list in effect at

that time, holds a position above the one held in the

list in effect when the previous determination was

made, by the Signatory selected on that occasion,

(C) if the Board of Governors, at the time the determination is made., is composed of less than twenty Governors, the Meeting of Signatories shall fix a

minimum investment share equal to the investment share of a Signatory which, in the list in effect at that time., holds a position below the one held

in the list in effect when the previous determination was made, by the Signatory selected on that occasion.

(iv) If, by applying the ranking method set forth in subparagraph

(iii) (B) of this paragraph,, the number of Governors would

be less than twenty, or, by applying that set forth in subparagraph (iii) (C) of this paragraph, would be more

than twenty-two., the Meeting of Signatories shall determine

a minimum investment share that will better ensure that

there will be twenty Governors.






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(v) For the purpose of the provisions of subparagraphs (iii)

and (iv) of this paragraph, the Governors selected in accordance with subparagraph (a) (iii) of this Article

shall not be taken into consideration.

(vi) For the purpose of the provisions of this paragraph, investment shares determined pursuant to subparagraph (C) (ii)

of Article 6 of the Operating Agreement shall take effect from the first day of the ordinary meeting of the Meeting

of Signatories following such determination.

(c) Whenever a Signatory or group of Signatories fulfills the requirements for representation pursuant to subparagraph (a) (i), (ii) or (iii) of this Article, it shall be entitled to be represented on the Board of Governors. In the case of any group of Signatories referred to in subparagraph (a) (iii) of this Article, such entitlement shall become effective upon receipt by the executive organ of a written request from such group, provided, however, that the number of such groups represented on the Board of Governors has not, at the time of receipt of any such written request, reached the applicable limitations prescribed in subparagraph (a) (iii) of this Article. If at the time of receipt of any such written request representation on the Board of Governors pursuant to subparagraph (a) (iii) of this Article has reached the applicable limitations prescribed therein., the group of Signatories may submit its request to the next ordinary meeting of the Meeting of Signatories for a determination pursuant to paragraph (d) of this Article.

(d) Upon the request of any group or groups of Signatories referred to in subparagraph (a) (iii) of this Article, the Meeting of Signatories shall annually determine which of these groups shall be or continue to be






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represented on the Board of Governors. For this purpose, if such groups exceed two for any one region defined by the International Telecommunication Union, or five for all such regions, the Meeting of Signatories shall first select the group which has the highest combined investment share from each such region from which there has been submitted a written request pursuant to paragraph (c) of this Article. If the number of groups so selected is less than five, the remaining groups which are to be represented shall be selected in decreasing order of the combined investment shares of each group, without exceeding the applicable limitations prescribed in subparagraph (a) (iii) of this Article.

(e) in order to ensure continuity within the Board of Governors, every Signatory or group of Signatories represented pursuant to subparagraph (a)

(i), (ii) or (iii) of this Article shall remain represented, either individually or as part of such group, until the next determination made in accordance with paragraph (b) or (d) of this Article,, regardless of the changes that may occur in its or their investment shares as the result of any adjustment of investment shares. However, representation as part of a group constituted pursuant to subparagraph (a) (ii) or (iii) of this Article shall cease if the withdrawal from the group of one or more Signatories would make the group ineligible to be represented on the Board of Governors pursuant to this Article.

(f) Subject to the provisions of paragraph (g) of this Article, each

Governor shall have a voting participation equal to that part of the investment share of the Signatory, or group of Signatories., he represents, which is derived from the utilization of the INTELSAT space segment for services of the following types:






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(i) international public telecommunications services;

(ii) domestic public telecommunications services between

areas separated by areas not under the jurisdiction of the State concerned, or between areas separated by the

high seas; and

(iii) domestic public telecommunications services between areas

which are not linked by any terrestrial wide-band facilities

and which are separated by natural barriers of such an

exceptional nature that they impede the viable establishment

of terrestrial wide-band facilities between such areas,

provided that the Meeting of Signatories has given in

advance the appropriate approval required by subparagraph

(b) (ii) of Article III of this Agreement.

(g) For the purposes of paragraph (f) of this Article, the following xrangements shall apply:

(i) in the case of a Signatory which is granted a lesser investment

share in accordance with the provisions of paragraph (d) of

Article 6 of the Operating Agreement,, the reduction shall

apply proportionately to all types of its utilization;

(ii) in the case of a Signatory which is granted a greater

investment share in accordance with the provisions of

paragraph (d) of Article 6 of the Operating Agreement, the

increase shall apply proportionately to all types of its

utilization;

(iii) in the case of a Signatory which has an investment share

of 0.05 per cent in accordance with the provisions of

paragraph (h) of Article 6 of the Operating Agreement and






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which forms part of a group for the purpose of representation

in the Board of Governors pursuant to the provisions of subparagraph (a) (ii) or (a) (iii) of this Article, its

investment share shall be regarded as being derived from utilization of the INTEISAT space segment for services of

the types listed in paragraph (f) of this Article; and

(iv) no Governor may cast more than forty per cent of the total

voting participation of all Signatories and groups of

Signatories represented on the Board of Governors. To the

extent that the voting participation of any Governor

exceeds forty per cent of such total voting participation,,

the excess shall be distributed equally to the other

Governors on the Board of Governors.

(h) For the purposes of composition of the Board of Governors and

calculation of the voting participation of Governors, the investment shares determined pursuant to subparagraph (c) (ii) of Axticle 6 of the Operating Agreement shall take effect from the first day of the ordinary meeting of the Meeting of Signatories following such determination.

(i) A quorum for any meeting of the Board of Governors shall Consist

of either a majority of the Board of Governors, which majority shall have at least two-thirds of the total voting participation of all Signatories and groups of Signatories represented on the Board of Governors., or else the total number constituting the Board of Governors minus three, regardless of the amount of voting participation they represent.

0) The Board of Governors shall endeavor to take decisions unanimously, However, if it fails to reach unanimous agreement, it shall take decisions:






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(i) on all substantive questions, either by an affirmative

vote cast by at least four Governors having at least twothirds of the total voting participation of all Signatories

and groups of Signatories represented on the Board of Governors taking into account the distribution of the

excess referred to in subparagraph (g) (iv) of this

Article, or else by an affirmative vote cast by at least

the total number constituting the Board of Governors minus

three, regardless of the amount of voting participation

they represent;

(ii) on all procedural questions, by an affirm tive vote

representing a simple majority of Governors present and

voting, each having one vote.

(k) Disputes whether a specific question is procedural or substantive shall be decided by the Chairman of the Board of Governors. The decision of the Chairman may be overruled by a two-thirds majority of the Governors present and voting, each having one vote.

(1) The Board of Governors., if it deems appropriate, may create

advisory committees to assist it in the performance of its responsibilities.

(m) The Board of Governors shall adopt its own rules of procedure, which shall include the method of election of a Chairman and such other officers as may be required. Notwithstanding the provisions of paragraph

(j) of this Article, such rules may provide for Euiy method of voting in the election of officers which the Board of Governors deems appropriate.






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(n) The first meeting of the Board of Governors shall be convened in accordance with paragraph 2 of the Annex to the Operating Agreement. The Board of Governors shall meet as often as is necessary but at least four times a year.


ARTICLE X

(Board of Governors: Functions)

(a) The Board of Governors shall have the responsibility for the design., development, construction, establishment, operation and maintenance of the INTELSAT space segment and, pursuant to this Agreement., the Operating Agreement and such determinations that in this respect may have been made by the Assembly of Parties pursuant to Article VII of this Agreement, for carrying out any other activities which are undertaken by INTELSAT. To discharge the foregoing responsibilities, the Board of Governors shall have the powers and shall exercise the functions coming within its purview according to the provisions of this Agreement and the Operating Agreement,, including:

(i) adoption of policies, plans and programs in connection with

the design, development, construction, establishment,

operation and maintenance of the INTELSAT space segment and,

as appropriate, in connection with any other activities

which INTELSAT is authorized to undertake;

(ii) adoption of procurement procedures, regulations, terms

and conditions, consistent with Article XIII of this

Agreement, and approval of procurement contracts;

(iii) adoption of financial policies and annual financial statements, and approval of budgets;






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(iv) adoption of policies and procedures for the acquisition,

protection and distribution of rights in inventions and technical information, consistent with Article 17 of the

Operating Agreement;

(v) formulation of recommendations to the Meeting of Signatories

in relation to the establishment of the general rules

referred to in subparagraph (b) (v) of Article VIII of this

Agreement;

(vi) adoption of criteria and procedures, in accordance with

such general rules as may have been established by the

Meeting of Signatories, for approval of earth stations for

access to the INTELSAT space segment., for verification and monitoring of performance characteristics of earth stations having access., and for coordination of earth

station access to and utilization of the INTELSAT space

segment;

(vii) adoption of terms and conditions governing the allotment of INTELSAT space segment capacity, in accordance with such

general rules as may have been established by the Meeting

of Signatories;

(viii) periodic establishment of the rates of charge for

utilization of the INTELSAT space segment., in accordance with such general rules as may have been established by

the Meeting of Signatories;

(ix) action as may be appropriate, in accordance with the provisions of Article 5 of the Operating Agreement, with

respect to an increase in the ceiling provided for in that

Article;






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(x) direction of the negotiation with the Party in whose

territory the headquarters of INTELSAT is situated, and

submission to the Assembly of Parties for decision thereon,

of the Headquarters Agreement covering privileges;

exemptions and immunities, referred to in paragraph (c) of

Article XV of this Agreement;

(xi) approval of non-standard earth stations for access to the INTELSAT space segment in accordance with the general

rules which may have been established by the Meeting of

Signatories;

(xii) establishment of terms and conditions for access to the INTELSAT space segment by telecommunications entities

which are not under the jurisdiction of a Party, in

accordance with the general rules established by theMeeting of Signatories pursuant to subparagraph (b) (v)

of Article VIII of this Agreement and consistent with

the provisions of paragraph (d) of Article V of this

Agreement;

(xiii) decisions on the making of arrangements for overdrafts

and the raising of loans in accordance with Article 10

of the Operating Agreement;

(xiv) submission to the Meeting of Signatories of an annual report on the activities of INTELSAT and of annual financial

statements;






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(xv) submission to the Meeting of Signatories of reports on

future programs including the estimated financial

implications of such programs;

(xvi) submission to the Meeting of" Signatories of reports and

recommendations on any other matter which the Board of

Governors deems appropriate for consideration by the

Meeting of Signatories;

(xvii) provision of such information as may be required by any Party or Signatory to enable that Party or Signatory to

discharge its obligations under this Agreement or the

Operating Agreement;

(xviii) appointment and removal from office of the Secretary

General pursuant to Article XII, and of the Director

General pursuant to Articles VII, XI and XII, of this

Agreement;

(xix) designation of a senior officer of the executive organ to serve as Acting Secretary General pursuant to subparagraph (d) (i) of Article XII and designation of a senior officer of the executive organ to serve as Acting Director General

pursuant to subparagraph (d) (i) of Article XI of this

Agreement;

(xx) determination of the number, status and terms and conditions

of employment of all posts on the executive organ upon the

recommendation of the Secretary General or the Director

General;

(xxi) approval of the appointment by the Secretary General or the

Director General of senior officers reporting directly to him;













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(xxii) arrangement of contracts in accordance with subparagraph (c)

(ii) of Article XI of this Agreement;

(xxiii) establishment of general internal rules, and adoption of

decisions in each instance, concerning notification to the

International Telecommunication Union in accordance with its rules of procedure of the frequencies to be used for

the INTELSAT space segment;

(xxiv) tendering to the Meeting of Signatories the advice referred to in subparagraph (b) (ii) of Article III of this Agreement; (xxv) expression, pursuant to paragraph (c) of Article XIV of this Agreement, of its findings in the form of recommendations,

and the tendering of advice to the Assembly of Parties, pursuant to paragraph (d) or (e) of Article XIV of this

Agreement, with respect to the intended establishment, acquisition or utilization of space segment facilities

separate from the INTELSAT space segment facilities;

(xxvi) action in accordance with Article XVI of this Agreement and Article 21 of the Operating Agreement in connection with

the withdrawal of a Signatory from INTELSAT; and

(xxvii) expression of its views and recommendations on proposed

amendments to this Agreement pursuant to paragraph (b) of Article XVII of this Agreement., the proposal of amendments

to the Operating Agreement pursuant to paragraph (a) of

Article 22 of the Operating Agreement., and the expression of its views and recommendations on proposed amendments to

the Operating Agreement pursuant to paragraph (b) of Article

22 of the Operating Agreement.