BRAZIL: RECOVERY OF A FALLEN SPACE OBJECT

UNCLAS SECTION 01 OF 02 BRASILIA 000525 SIPDIS SENSITIVE SIPDIS DEPT FOR OES/SAT, L/OES E.O. 12958: N/A TAGS: TSPA SENV KSCA BR SUBJECT: BRAZIL: RECOVERY OF A FALLEN SPACE OBJECT ¶1. (U) THIS CABLE IS SENSITIVE BUT UNCLASSIFIED AND NOT FOR INTERNET DISTRIBUTION. ¶2. (SBU) On April 14, the Ministry of External Relations' (MRE) Director of the Division for the Sea, Antarctica and Space, Counselor Bernardo Paranhos Velloso, informed the Embassy's Environment, Science and Technology (EST) Counselor (EST) that the Government of Brazil (GOB) had an object that had fallen from outer space. They believed that it was an object that had been launched into space by the United States. Embassy understands from various reports that this object is most likely a Composite Overwrap Pressure Vessel (COPV),which fell from space in late March and landed in Goias, Brazil. Velloso said that the object has been, or soon will be, turned over to the Brazilian National Space Research Institute (called INPE). ¶3. (SBU) Embassy had earlier heard reports of the object and provided Velloso with a copy of the UN "Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space," (the "UN Agreement") to which Brazil and the United States are both parties. ¶4. (SBU) On April 15, Velloso sent Embassy Environment, Science and Technology (EST) Counselor a message via e-mail (see informal translation below) regarding the space object. The message asks the United States to identify the object as one belonging to the United States. The day before on April 14, Velloso had told EST Counselor that the costs involved in picking up the object in Brazil and returning it to the United States would have to be borne by the USG. Further, he said that the returning of the object would be a good event to highlight in the press. It would show good cooperation between the USG and GOB under a UN agreement. He thought that the two sides could issue a joint press release. ¶5. (SBU) COMMENT. The Embassy strongly supports trying to recover the object. It would set a good precedent for future such incidents. Moreover, this would help both sides strengthen their space cooperation relationship. END COMMENT. -------------- --- ¶6. (SBU) TEXT OF MESSAGE (INFORMAL TRANSLATION) -------------- --- Brief Introductory Note on the Legal Aspects related to an Object from Outer Space that Fell on Brazilian Territory The case concerning an object that fell from outer space in the Brazilian state of Goias shall be regulated under the Agreement on the Rescue of Astronauts, the Return of Astronauts and Return of Objects Launched into Outer Space, concluded in London, Washington and Moscow on April 22, 1968 and that entered into force internationally on December 3, 1968. Brazil approved the agreement under Legislative Decree number 80, dated December 4, 1972 and ratified it on January 31, 1973. The instruments of accession were deposited in London, Washington and Moscow on February 27, 1973. In Brazil, the Agreement entered into effect on February 27, 1973 (Article 7, paragraph 4),having been promulgated by Decree number 71,989 of March 26, 1973 and published on March 27, 1973. According to Article 5, Brazil shall notify the launching authority and the Secretary-General of the United Nations that the space object fell on the country's territory. Obviously, this notification can only take place if there is previous and reliable information regarding the presumed launching authority. This is what is established under Paragraph 1 of Article 5: "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." The launching authority, upon request of the return of the space object, shall give information regarding the identification of the object, in order for there be no doubts about its ownership of the object and the component parts. About this issue, the third paragraph of Article 5 says: "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." BRASILIA 00000525 002 OF 002 The expenditures resulting from the obligations mentioned in the Agreement shall be paid by the launching State respecting paragraph 5 of Article 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." It is important to mention that, in respect to Article 6 of the Agreement, the term "launching authority", used under this instrument, corresponds to the "State responsible for launching the object", a concept defined in the 1967 Space Treaty and, later on, in the Convention on International Liability for Damage Caused by Space Objects, of 1972, and in the Convention on Registration of Objects Launched into Outer Space of 1965. Thus, the United States, which presented itself as the launching authority, should provide data that proves that the space object found in Brazil was, in fact, launched by it, including information reported to the United Nations during the time period the object was launched. The transparent and public return of the object would be an opportunity to make clear Brazil's commitment to the Rule of Law regarding space activities. SOBEL