COPUOS: GUIDANCE FOR THE 48TH SESSION OF THE

UNCLAS STATE 028279

SIPDIS

E.O. 12958: N/A
TAGS: TSPA UNPUOS UNGA AORC
SUBJECT: COPUOS: GUIDANCE FOR THE 48TH SESSION OF THE
LEGAL SUBCOMMITTEE (LSC) OF THE UN COMMITTEE ON THE
PEACEFUL USES OF OUTER SPACE, MARCH 23-APRIL 3,2009

REF: (A)STATE 11917 (B) STATE 12948 (C) UNVIEVIENNA
103 (D) MOSCOW 556 (E) STATE 2007


1. FOLLOWING IS GUIDANCE FOR THE 48TH SESSION OF THE LEGAL
SUBCOMMITTEE OF THE UN COMMITTEE ON THE PEACEFUL USES OF
OUTER SPACE (COPUOS). IT IS DIVIDED INTO A GENERAL OVERVIEW
AND GUIDANCE FOR SPECIFIC AGENDA ITEMS.
--------------
GENERAL OVERVIEW
--------------

2. THIS YEAR,S LEGAL SUBCOMMITTEE OFFERS POTENTIAL FOR
ADVANCING USG INTERESTS ON SEVERAL FRONTS. THE LEGAL
SUBCOMMITTEE (&LSC8) REMAINS AN IMPORTANT FORUM FOR SHAPING
THE SPACE LEGAL AND REGULATORY ENVIRONMENT. U.S. ENGAGEMENT
WITH THE LSC HELPS TO PROTECT AND ADVANCE U.S. INTERESTS
RELATING TO SPACE ACTIVITIES, PARTICULARLY AS THE USE OF
OUTER SPACE INCREASES. USDEL SHOULD BUILD ON THE POSITIVE AND
CONSTRUCTIVE ATMOSPHERE OF THE LAST SESSION OF THE SCIENTIFIC
AND TECHNICAL SUBCOMMITTEE WHERE WE SUCCEEDED IN MAKING
PROGRESS ON A RANGE OF IMPORTANT ISSUES, AS WELL AS IN
REINFORCING USG LEADERSHIP IN THE SUBCOMMITTEE AND WESTERN
CAUCUS.

3. COLLISION OF IRIDIUM AND COSMOS 2251SATELLITES:
REFTELS B, C AND D CONTAIN INFORMATION CONCERNING THE
COLLISION OF AN IRIDIUM SATELLITE AND RUSSIA'S COSMOS 2251,
NOTIFICATION PROVIDED BY U.S. DELEGATION AT THE COPUOS
SCIENTIFIC AND TECHNICAL SUBCOMMITTEE, AND SUBSEQUENT
EXCHANGES OF INFORMATION WITH THE RUSSIAN FEDERATION. THE
U.S. DELEGATION WILL HAVE CONTINGENCY POINTS SHOULD QUESTIONS
ARISE IN THE MEETING OR ON THE MARGINS. THE U.S. DELEGATION
MAY DRAW UPON THE FOLLOWING ADDITIONAL POINTS AS NECESSARY:

- AS A RESULT OF THE FEBRUARY 10, 2008, COLLISION OF THE
IRIDUM-33 AND COSMOS 2251 SATELLITES, THE U.S. DEPARTMENT OF
DEFENSE IS NOW CONDUCTING AN ASSESSMENT OF THE PROCESSES AND
PROCEDURES CURRENTLY EMPLOYED FOR MONITORING SPACE OBJECTS,
PERFORMING ORBITAL CONJUCTION ANALYSES, AND REPORTING
PERTINENT FINDINGS TO CONCERNED PARTIES.

- RESULTS FROM THIS ASSESSMENT ARE EXPECTED LATER THIS SPRING.

-- THE UNITED STATES LOOKS FORWARD TO DISCUSSING RESULTS FROM
THIS ASSESSMENT AT THE 52ND SESSION OF COPUOS THIS JUNE IN
VIENNA.

-- THE UNITED STATES ALSO INTENDS TO DISCUSS RESULTS OF THE
USG'S ASSESSMENT WITH INTERESTED GOVERNMENT AND PRIVATE
SECTOR SATELLITE OPERATORS.

- THIS INCIDENT SERVES AS A REMINDER OF THE IMPORTANCE OF THE
LONG-STANDING PRINCIPLE OF COOPERATION AND MUTUAL ASSISTANCE
IN THE EXPLORATION AND USE OF OUTER SPACE.

-- THE UNITED STATES HAS ALREADY RECEIVED TECHNICAL
INFORMATION FROM RUSSIA ON THIS EVENT, WHICH SERVES AS A
USEFUL CONTRIBUTION TO THE U.S. ASSESSMENT.

-- THE UNITED STATES CONTINUES TO SUPPORT DISCUSSIONS ON
PRAGMATIC PROPOSALS TO ENSURE THE LONG-TERM SUSTAINABILITY OF
THE SPACE ENVIRONMENT.

-- THIS INCIDENT ALSO CAN SERVE AS AN IMPETUS TO INCREASE AND
IMPROVE BILATERAL AND MULTILATERAL TRANSPARENCY AND
CONFIDENCE BUILDING MEASURES (TCBMS) RELATING TO SPACE
ACTIVITIES.


4. ARMS CONTROL: THE ISSUE OF SPACE ARMS CONTROL MAY BE A
MAJOR ISSUE GIVEN THE NEW U.S. ADMINISTRATION. IF THIS
OCCURS, USDEL SHOULD STRESS THAT COPUOS IS CONCERNED
EXCLUSIVELY WITH INTERNATIONAL COOPERATION IN THE PEACEFUL
USES OF OUTER SPACE, AS INDICATED BY ITS TITLE. THE FIRST
COMMITTEE OF THE UNGA (DISARMAMENT AND INTERNATIONAL
SECURITY) AND THE CD WOULD BE THE MORE APPROPRIATE
MULTILATERAL FORA TO DISCUSS ARMS CONTROL MATTERS RELATED TO
OUTER SPACE. OUR OBJECTIVE IN COPUOS AND ITS SUBCOMMITTEES
IS TO UNDERSCORE THE UNPRECEDENTED INTERNATIONAL SPACE
COOPERATION NOW UNDERWAY AND REINFORCE OPPOSITION TO CALLS IN
THE CD FOR ARMS CONTROL NEGOTIATIONS ON OUTER SPACE. THE
U.S. DELEGATION MAY DRAW ON THE FOLLOWING ADDITIONAL POINTS
AS NECESSARY:

-- THERE IS UNPRECEDENTED INTERNATIONAL COOPERATION IN SPACE.

-- THE LAWFUL MILITARY USES OF SPACE HAVE BROAD BENEFITS FOR
THE INTERNATIONAL COMMUNITY AND ENHANCE INTERNATIONAL PEACE
AND SECURITY. EXAMPLES INCLUDE TREATY COMPLIANCE/
MONITORING, COMMUNICATIONS, ENVIRONMENTAL MONITORING, GPS,
REFUGEE TRACKING, COUNTERTERRORISM, AND SANCTIONS
ENFORCEMENT.

-- IF THE U.S. DELEGATION IS PRESSED ABOUT THE
ADMINISTRATION,S STATEMENT ON THE WHITE HOUSE DEFENSE WEB
SITE FOR A WORLDWIDE BAN ON WEAPONS THAT INTERFERE WITH
MILITARY AND COMMERCIAL SATELLITES (SEE NOTE BELOW FOR EXACT
STATEMENT),THE U.S. DELEGATION WILL STATE THAT THE NEW
ADMINISTRATION IS IN THE PROCESS OF REVIEWING ALL POLICIES AS
A NATURAL PART OF THE GOVERNMENT TRANSITION PROCESS.

-- IF FURTHER PRESSED REGARDING CONTINUITY IN U.S. SPACE
POLICY, USDEL MAY ALSO NOTE THAT:

--- IT IS A PART OF LONG-STANDING U.S. SPACE POLICY THAT THE
UNITED STATES WILL MAINTAIN AND STRENGTHEN THE ESTABLISHED
PRINCIPLE OF FREE ACCESS TO, AND USE OF, OUTER SPACE BY ALL
NATIONS IN SUPPORT OF LEGITIMATE ECONOMIC AND SECURITY
INTERESTS.

--- AS SPACE BECOMES AN INCREASINGLY CONGESTED AND COMPLEX
DOMAIN, THE UNITED STATES WILL TAKE AN ACTIVE LEADERSHIP ROLE
IN IDENTIFYING AND IMPLEMENTING COOPERATIVE EFFORTS WITH
ESTABLISHED AND EMERGING MEMBERS OF THE INTERNATIONAL
SPACEFARING COMMUNITY TO ENSURE THE SAFETY OF THE SPACE
ASSETS OF ALL NATIONS.

--- BUILDING UPON RECENT PROGRESS AT THE UNITED NATIONS ON
INTERNATIONAL GUIDELINES FOR ORBITAL DEBRIS MITIGATION, THE
UNITED STATES WILL SUSTAIN ITS GLOBAL LEADERSHIP IN
SPACEFLIGHT SAFETY AND IN THE FORMULATION OF PRACTICAL
GUIDELINES TO PRESERVE THE SPACE ENVIRONMENT FOR FUTURE
GENERATIONS.
NOTE: THE STATEMENT ON WWW.WHITE HOUSE.GOV/AGENDA/DEFENSE
SITE READS: &BUILD DEFENSE CAPABILITIES FOR THE 21ST
CENTURY; ENSURE FREEDOM OF SPACE: THE OBAMA-BIDEN
ADMINISTRATION WILL RESTORE AMERICAN LEADERSHIP ON SPACE
ISSUES, SEEKING A WORLDWIDE BAN ON WEAPONS THAT INTERFERE
WITH MILITARY AND COMMERCIAL SATELLITES. THEY WILL
THOROUGHLY ASSESS POSSIBLE THREATS TO U.S. SPACE ASSETS AND
THE BEST OPTIONS, MILITARY AND DIPLOMATIC, FOR COUNTERING
THEM, ESTABLISHING CONTINGENCY PLANS TO ENSURE THAT U.S.
FORCES CAN MAINTAIN OR DUPLICATE ACCESS TO INFORMATION FROM
SPACE ASSETS AND ACCELERATING PROGRAMS TO HARDEN U.S.
SATELLITES AGAINST ATTACK.8


5. OUTER SPACE "CODE OF CONDUCT:" THE ISSUE OF PROPOSALS FOR
AN OUTER SPACE "CODE OF CONDUCT" WILL PROBABLY NOT BE A MAJOR
ISSUE, BUT SOME DELEGATIONS MAY SEEK CLARIFICATION OF THE NEW
ADMINISTRATION'S POSITION. THESE REQUESTS FOR CLARIFICATION
MAY NOTE A DRAFTING PROJECT FOR A "CODE OF CONDUCT FOR OUTER
SPACE ACTIVITIES" THAT WAS ENDORSED IN DECEMBER 2008 BY THE
COUNCIL OF THE EUROPEAN UNION. (REFTEL E). IF RAISED, THE
U.S. DELEGATION MAY DRAW UPON THE FOLLOWING POINTS AS
NECESSARY:

-- THE UNITED STATES WILL PLAY A LEADING ROLE IN ADVANCING
TRANSPARENCY AND CONFIDENCE BUILDING MEASURES (TCBMS)
RELATING TO SPACE ACTIVITIES. SUCH TCBMS CAN HELP INCREASE
TRANSPARENCY REGARDING GOVERNMENTAL SPACE POLICIES,
STRATEGIES AND POTENTIALLY HAZARDOUS ACTIVITIES. THIS CAN
HELP TO REDUCE UNCERTAINTY OVER INTENTIONS AND
DECREASING THE RISK OF MISINTERPRETATION OR
MISCALCULATION.

-- IN THIS REGARD, THE ADMINISTRATION WILL CONTINUE TO WORK
CLOSELY WITH OUR FRIENDS AND ALLIES IN EUROPE AND ELSEWHERE
TO DEVELOP VOLUNTARY TCBMS THAT ALL SPACEFARING NATIONS CAN
SUPPORT AND ACTIVELY PARTICIPATE IN FOR THE BENEFIT OF ALL
NATIONS.

-- ANY INTERNATIONAL EFFORT TO DEVELOP TCBMS SHOULD
COMPLEMENT, AND NOT UNNECESSARILY DUPLICATE, THE WORK OF THE
COPUOS.

-- IN SUPPORT OF THIS PRINCIPLE IN TODAY,S ENVIRONMENT, IT
IS IMPORTANT THAT THE UNITED STATES WORK CLOSELY WITH ITS
ALLIES TO IMPLEMENT THE DIPLOMATIC OR MILITARY MEASURES THAT
MAY BE NECESSARY BOTH TO ENSURE THE CONTINUED
OPERATION (AND RESPONSIBLE USE) OF MILITARY, INTELLIGENCE,
CIVIL, AND COMMERCIAL SATELLITES AND TO RESPOND APPROPRIATELY
IF THESE SATELLITES ARE TARGETED IN A HOSTILE MANNER.


6. MILITARY SPACE ACTIVITIES: THE NATURE AND CONDUCT OF U.S.
MILITARY SPACE ACTIVITIES WILL PROBABLY NOT BE A MAJOR ISSUE.
HOWEVER, SOME DELEGATIONS MAY RAISE VARIOUS U.S. MILITARY
ACTIVITIES AS A TACTICAL DEVICE TO UNDERCUT U.S. EFFORTS TO
PROMOTE GENERAL AND UNIVERSAL PRINCIPLES FOR SPACEFLIGHT
SAFETY. IF RAISED, THE U.S. DELEGATION MAY DRAW ON FOLLOWING
POINTS, AS NECESSARY:

-- THE LAWFUL MILITARY USES OF SPACE HAVE BROAD BENEFITS FOR
THE INTERNATIONAL COMMUNITY AND ENHANCE INTERNATIONAL PEACE
AND SECURITY. SOME EXAMPLES INCLUDE TREATY
COMPLIANCE/MONITORING, COMMUNICATIONS, ENVIRONMENTAL
MONITORING, GPS, REFUGEE TRACKING, COUNTERTERRORISM, AND
SANCTIONS ENFORCEMENT.

-- THE UNITED STATES IS COMMITTED TO THE PRINCIPLE THAT ALL
SPACEFLIGHT OPERATIONS SHOULD BE CONDUCTED IN A SAFE AND
RESPONSIBLE MANNER THAT PROTECTS HUMANS IN SPACE AS WELL AS
ROBOTIC SPACE SYSTEMS AND THEIR MISSION EFFECTIVENESS.

--- (IF ASKED) THE U.S. COMMITMENT TO SAFETY AND
TRANSPARENCY ALSO WAS EXHIBITED IN LAST YEAR'S ENGAGEMENT OF
THE DISABLED USA-193 SATELLITE.

7. AGENDA ITEM 4 - STATUS AND APPLICATION OF THE FIVE UNITED
NATIONS TREATIES ON OUTER SPACE: THE SUBCOMMITTEE COMPLETED
AT ITS 39TH SESSION A MULTI-YEAR WORK PLAN TO REVIEW THE
STATUS OF THE UN SPACE TREATIES UNDER A SEPARATE AGENDA ITEM.
DURING THE LIFE OF THIS ITEM, THERE WAS LITTLE IF ANY
DISCUSSION OF REOPENING THE TREATIES OR ANY PROPOSALS FOR
THEIR REVISION OR AMENDMENT (FYI: THERE HAS NOT BEEN ANY
SERIOUS EFFORT IN THE LSC TO REOPEN OR AMEND THE EXISTING
TREATIES. WE NOTE, HOWEVER, THAT OVER THE PAST SEVERAL YEARS
THE RUSSIAN DELEGATION REPEATEDLY INTRODUCED ITS PROPOSAL TO
EXAMINE THE FEASIBILITY OF DEVELOPING A COMPREHENSIVE
CONVENTION ON SPACE LAW, WITH SOME SUPPORT FROM THE GREEK
DELEGATION, AND THE CONCEPT OF CONVENING AN AD HOC INFORMAL
WORKING GROUP TO CONSIDER THE DESIRABILITY OF DEVELOPING SUCH
A UNIVERSAL COMPREHENSIVE SPACE LAW CONVENTION WAS AGAIN
SUPPORTED BY SOME DELEGATIONS. AT THE 2001 LSC MEETING,
CHINA, COLOMBIA, AND THE RUSSIAN FEDERATION SUBMITTED A
WORKING PAPER ADDRESSING THIS POSSIBILITY. COPUOS AND THE
LEGAL SUBCOMMITTEE DO NOT HAVE THE MANDATE TO REVISE THESE
INSTRUMENTS. EACH TREATY HAS A SPECIFIC PROCESS FOR
AMENDMENT INVOLVING ONLY THE STATES PARTIES (END FYI).
INSTEAD, THE FOCUS ON THIS AGENDA ITEM WAS KEPT ON THE KEY
POINTS: MORE COUNTRIES SHOULD CONSIDER ACCEDING TO THE FOUR
CORE CONVENTIONS, AND SHOULD THEN CONSCIENTIOUSLY IMPLEMENT
THOSE THAT THEY HAVE ACCEPTED. UNDER THIS ITEM, USDEL SHOULD
REPORT ON ACTIONS TAKEN WITH RESPECT TO THE TREATIES IN THE
PAST YEAR, NOTE THAT THE TREATIES CONTINUE TO WORK WELL,
ENCOURAGE STATES TO CONTINUE THEIR COMPLIANCE WITH THE FOUR
CORE TREATIES, AND ENCOURAGE STATES THAT HAVE NOT ADHERED TO
THE FOUR CORE TREATIES TO CONSIDER DOING SO PROMPTLY.
AT ITS 40TH SESSION, THE SUBCOMMITTEE DECIDED TO ESTABLISH A
WORKING GROUP UNDER THIS ITEM, THE LIMITED TERMS OF REFERENCE
OF WHICH WOULD INCLUDE THE STATUS OF PARTICIPATION IN THE
TREATIES, REVIEW OF THEIR IMPLEMENTATION AND OBSTACLES TO
THEIR UNIVERSAL ACCEPTANCE, AS WELL AS PROMOTION OF SPACE
LAW, ESPECIALLY THROUGH THE UN PROGRAMME ON SPACE
APPLICATIONS. AT THAT TIME, U.S. DELEGATION WAS SUCCESSFUL
IN NARROWING THE MANDATE OF THE WORKING GROUP FROM THE
ORIGINAL PROPOSAL, WHICH COULD HAVE INCLUDED CONSIDERATION OF
A UNIVERSAL SPACE TREATY. AT ITS 41ST SESSION, THE
SUBCOMMITTEE AGREED THAT THIS WORKING GROUP COULD CONSIDER
NEW ISSUES, PROVIDED THAT THOSE ISSUES FELL WITHIN THE
EXISTING MANDATE OF THE WORKING GROUP.
THE WORKING GROUP WAS RECONVENED IN 2008. IT WAS AGREED TO
RECONVENE THE WORKING GROUP FOR THE 48TH SESSION AND THAT THE
SUBCOMMITTEE WOULD REVIEW THE NEED TO EXTEND THE WORKING
GROUP. THE U.S. DELEGATION SHOULD NOT OBJECT TO SUCH AN
EXTENSION.
THE SUBCOMMITTEE AGREED THAT THE WORKING GROUP WOULD CONTINUE
CONSIDERING IN 2009 THE LOW PARTICIPATION OF STATES IN THE
MOON AGREEMENT. IN SO DOING THE WORKING GROUP COULD ADDRESS
ACTIVITIES CURRENTLY BEING CARRIED OUT OR TO BE CARRIED OUT
ON THE MOON; IDENTIFY THE BENEFITS OF ADHERENCE TO THE MOON
AGREEMENT; IDENTIFY THE INTERNATIONAL AND NATIONAL RULES
GOVERNING ACTIVITIES ON THE MOON; AND ASSESS WHETHER EXISTING
INTERNATIONAL RULES ADEQUATELY ADDRESS ACTIVITIES ON THE
MOON. THE SECRETARIAT WILL ALSO PREPARE A BACKGROUND PAPER ON
THE ABOVE TOPICS BASED PRIMARILY ON INFORMATION PROVIDED BY
MEMBER STATES. THE U.S. DELEGATION WILL DELIVER A STATEMENT
IN THE WORKING GROUP ADDRESSING THESE ISSUES.

8. AGENDA ITEM 5 - ACTIVITIES OF INTERNATIONAL ORGANIZATIONS
RELATING TO SPACE LAW: THE U.S. DELEGATION SHOULD REITERATE
U.S. CONCERN THAT SOME MAJOR INTERNATIONAL ORGANIZATIONS
INVOLVED IN SPACE ACTIVITIES ARE NOT SUBJECT TO THE CORE
SPACE TREATIES BECAUSE NOT ENOUGH OF THEIR MEMBER COUNTRIES
ARE PARTIES.

9. AGENDA ITEM 6 - DELIMITATION OF OUTER SPACE/USE OF
GEOSTATIONARY ORBIT (GSO): THE U.S. DELEGATION WILL CONTINUE
TO OPPOSE ANY PROPOSALS TO DEFINE OR DELIMIT OUTER SPACE, OR
TO ESTABLISH ANY NEW LEGAL STATUS OR RULES APPLICABLE TO THE
GSO, OR TO RECOGNIZE ANY SPECIAL INTERESTS OF EQUATORIAL
STATES IN THE GSO. THE U.S. DELEGATION MAY POINT OUT THAT
MANY YEARS OF DEBATE HAVE NOT FURTHERED LSC UNDERSTANDING OF
THE DELIMITATION ISSUES AND THAT NO REAL-WORLD PROBLEMS HAVE
ARISEN OVER THE MORE THAN 40 YEARS OF SPACE USE AND
EXPLORATION FROM THE ABSENCE OF ANY DEFINITION/DELIMITATION
OF OUTER SPACE. TO THE CONTRARY, ATTEMPTS TO ESTABLISH AN
ARBITRARY LINE BETWEEN AIRSPACE AND OUTER SPACE MAY CREATE
CONFUSION OR OTHERWISE HINDER THE PEACEFUL USE AND
EXPLORATION OF SPACE. FAA LICENSING AND REGULATION OF
REUSABLE LAUNCH VEHICLES INCLUDING SUBORBITAL VEHICLES HAVE
NOT BEEN HAMPERED BY THE ABSENCE OF ANY DELIMITATION OF OUTER
SPACE. (IF ASKED: IN CLARIFYING ITS LICENSING AUTHORITY OVER
LAUNCH OF A LAUNCH VEHICLE, THE FAA DEFINES LAUNCH OF A
SUBORBITAL ROCKET USING THE LAWS OF PHYSICS AND DOES NOT RELY
UPON ALTITUDE OR OTHER DISCRIMINATOR IN DIFFERENTIATING
LAUNCH VEHICLES FROM CIVIL AIRCRAFT. FURTHER, A SUBORBITAL
ROCKET IS DEFINED BY STATUTE AS A VEHICLE, ROCKET PROPELLED
IN WHOLE OR IN PART, INTENDED FOR FLIGHT ON A SUBORBITAL
TRAJECTORY, AND THE THRUST OF WHICH IS GREATER THAN ITS LIFT
FOR THE MAJORITY OF THE ROCKET-POWERED PORTION OF ITS ASCENT.)
WITH RESPECT TO THE USE OF THE GSO, THE UNITED STATES REJECTS
ANY CLAIMS TO SOVEREIGNTY BY ANY NATION OVER OUTER SPACE AND
OPPOSES ANY INITIATIVE TO CREATE A REGIME THAT WOULD PROVIDE
A BASIS FOR A CLAIM TO THE GSO. TO THE EXTENT THAT OTHER
NATIONS RAISE "EQUITABLE ACCESS" ISSUES, THE U.S. DELEGATION
SHOULD WORK WITH LIKE-MINDED DELEGATIONS AND, AS APPROPRIATE,
WITH THE INTERNATIONAL TELECOMMINUCATION UNION (ITU) AND
OTHER INTERNATIONAL ORGANIZATION REPS PRESENT TO SEEK TO
PREVENT ANY ACTION IN THE LSC THAT COULD UNDERMINE THE
POSITION OF SPACEFARING NATIONS ON THIS ISSUE AT THE ITU. THE
ITU CONSTITUTION, CONVENTION AND RADIO REGULATIONS, AS WELL
AS THE CURRENT PROCEDURES UNDER THOSE AUTHORITIES FOR
INTERNATIONAL COOPERATION AMONG COUNTRIES AND GROUPS OF
COUNTRIES WITH RESPECT TO THE GEOSTATIONARY AND OTHER ORBITS,
FULLY TAKE INTO ACCOUNT THE INTERESTS OF STATES IN THE USE OF
THE GEOSTATIONARY ORBIT AND THE RADIO FREQUENCY SPECTRUM.
THE DELEGATION SHOULD NOTE THAT THE LEGAL SUBCOMMITTEE DOES
RETAIN JURISDICTION OVER THIS ISSUE, ALTHOUGH THERE IS NO
NEED FOR ANY ACTION AT THE PRESENT TIME.


10. AGENDA ITEM 7 - NUCLEAR POWER SOURCES (NPS) IN OUTER
SPACE: THE SCIENTIFIC AND TECHNICAL SUBCOMMITTEE (STSC)
COMPLETED A MULTI-YEAR WORK PLAN ON THIS TOPIC AT ITS 2003
SESSION. AT THE 2003 SESSION, THE STSC ALSO ADOPTED A NEW
MULTI-YEAR WORK PLAN ON NPS THAT WAS CO-SPONSORED BY THE
UNITED STATES. THAT NEW WORK PLAN, WHICH WAS TO RUN THROUGH
2006, CONSISTED OF EFFORTS TO &ESTABLISH THE OBJECTIVES,
SCOPE AND ATTRIBUTES OF AN INTERNATIONAL, TECHNICALLY-BASED
FRAMEWORK OF GOALS AND RECOMMENDATIONS FOR THE SAFETY OF
PLANNED AND CURRENTLY FORESEEABLE SPACE NUCLEAR POWER SOURCE
APPLICATIONS.8 IN 2005, THE STSC EXTENDED THE MULTI-YEAR
NPS WORK PLAN TO 2007 TO ALLOW MORE TIME FOR THE SUBCOMMITTEE
TO WORK ON THIS TOPIC. IN 2007, THE STSC COMPLETED ITS WORK
TO DEVELOP THE OBJECTIVES, SCOPE, AND ATTRIBUTES OF A SAFETY
FRAMEWORK AND REACHED CONSENSUS TO PURSUE A JOINT EFFORT WITH
THE IAEA TO DEVELOP AN INTERNATIONAL SAFETY FRAMEWORK OVER
THE NEXT THREE YEARS. THE STSC APPROVED A NEW WORK PLAN THAT
CALLED FOR A JOINT GROUP OF EXPERTS DRAWING FROM INTERESTED
STSC MEMBER STATES AND THE IAEA TO DEVELOP THE FRAMEWORK FOR
APPROVAL BY THE STSC AND THE IAEA. AT THE LAST SESSION OF
THE STSC, CONSENSUS WAS REACHED ON THE FRAMEWORK. IT IS
EXPECTED THAT THE IAEA WILL ENDORSE THE FRAMEWORK IN APRIL
OPENING THE WAY FOR ADOPTION BY COPUOS IN JUNE. IN THE LEGAL
SUBCOMMITTEE, THE U.S. DELEGATION SHOULD TAKE THE POSITION
THAT THERE IS NO PRESENT REASON FOR THE LSC TO ADDRESS THIS
TOPIC IN ANY SUBSTANTIVE MANNER IN VIEW OF THE ACTIVITY
ONGOING IN THE STSC. FURTHER, THE SAFETY FRAMEWORK FOR
NUCLEAR POWER SOURCE APPLICATIONS IN OUTER SPACE IS NOT BEING
DRAFTED AS A LEGALLY BINDING DOCUMENT AND THAT FACT HAS BEEN
NOTED REPEATEDLY THROUGHOUT ITS DEVELOPMENT. THE U.S.
DELEGATION SHOULD OPPOSE ANY PROPOSAL THAT IT BELIEVES COULD
IMPEDE THE U.S. ABILITY TO DEVELOP AND USE THESE SYSTEMS, AS
SPECIFIED IN OUR NATIONAL SPACE POLICY AND OPPOSE ANY
PROPOSAL THAT THE FRAMEWORK BECOME A LEGALLY BINDING
DOCUMENT. THE U.S. DELEGATION ALSO MAY DRAW UPON THE
FOLLOWING ADDITIONAL POINTS AS NECESSARY:

SHOULD THE LSC TAKE UP THE NEWLY ADOPTED FRAMEWORK AS AN
AGENDA TOPIC?

--THE FRAMEWORK PROVIDES VOLUNTARY, HIGH-LEVEL GUIDANCE THAT
ADDRESSES NUCLEAR SAFETY CONSIDERATIONS FOR RELEVANT LAUNCH,
OPERATIONS AND END-OF-SERVICE MISSION PHASES OF SPACE NUCLEAR
POWER APPLICATIONS, AND AS SUCH, PRESENTS NO LEGAL ISSUES FOR
THE LSC TO ADDRESS.

SHOULD THE LSC RE-OPEN, THE PRINCIPLES GIVEN THE ADOPTION
OF THE SAFETY FRAMEWORK?

--THE PREFACE TO THE FRAMEWORK EXPLICITLY STATES THAT IT
NEITHER ALTERS NOR SUPPLEMENTS EXISTING TREATIES OR
PRINCIPLES; THEREFORE, NO RATIONALE EXISTS FOR REOPENING THE
LSC,S DISCUSSION OF THE PRINCIPLES BASED ON THE ADOPTION OF
THE FRAMEWORK.

--THE STSC, WHILE HAVING ADOPTED THE FRAMEWORK, HAS DIRECTED
THE NPS WORKING GROUP TO HOLD INTERSESSIONAL DISCUSSIONS IN
ADVANCE OF THE STSC FEBRUARY 2010 MEETING TO CONSIDER NEW
WORK WITHIN THE STSC THAT COULD ENHANCE THE SAFETY OF SPACE
NPS APPLICATIONS.

--SUCH DISCUSSIONS, AND THE POTENTIAL FOR A NEW STSC NPS
WORKING GROUP WORK PLAN, INDICATE THAT FURTHER WORK IN
ESTABLISHING A FIRM SCIENTIFIC AND TECHNICAL FOUNDATION FOR
NPS MAY STILL EXIST; CONSEQUENTLY, IT IS PREMATURE TO ADDRESS
REVISING THE 1992 PRINCIPLES TO THE LSC.


11. AGENDA ITEM 8 - SPACE ASSETS PROTOCOL: INDICATIVE OF THE
CONTINUED INTEREST IN EXPANDING COMMERCIAL ACTIVITY AND
AVAILABILITY OF PRIVATE SECTOR FINANCE IN SPACE IS THE WORK
BEING DONE BY THE INTERNATIONAL INSTITUTE FOR THE UNIFICATION
OF PRIVATE LAW (UNIDROIT),AN INTERGOVERNMENTAL BODY
HEADQUARTERED IN ROME. IN NOVEMBER 2001, A DIPLOMATIC
CONFERENCE OF UNIDROIT MEMBERS ADOPTED A CONVENTION ON
INTERNATIONAL INTERESTS IN MOBILE EQUIPMENT AND A PROTOCOL
THERETO ON AIRCRAFT EQUIPMENT. THIS CONVENTION PROVIDES FOR
THE CREATION OF NEW INTERNATIONAL FINANCE RIGHTS AND
REGISTRATION OF SECURED FINANCE INTERESTS IN HIGH-VALUE
MOBILE EQUIPMENT. THE UNITED STATES HAS RATIFIED BOTH THE
CONVENTION AND THE AIRCRAFT FINANCE PROTOCOL, AND THE TREATY
ALREADY COVERS OVER HALF OF THE WORLD,S TRANSACTIONS ON
LARGER COMMERCIAL AIRCRAFT.

INTER-GOVERNMENTAL NEGOTIATIONS ARE EXPECTED TO RESUME AT
UNIDROIT ON A PROTOCOL THAT WOULD CONCERN SPACE ASSETS AND
THAT WOULD FACILITATE ASSET-BASED FINANCING OF SPACE
ACTIVITIES. FURTHER INTERGOVERNMENTAL MEETINGS WEREDEFERRED
WHILE A SECOND PROTOCOL WAS CONCLUDED COVERING RAILWAY
INTERESTS. NOW THAT THAT HAS BEEN DONE, INFORMAL MEETINGS
WILL START UP AGAIN IN MAY 2009 BETWEEN KEY SPACE FARING
STATES AND SPACE-BASED INTERESTS TWO SUCH MEETINGE WERE HELD
IN 2008 IN BERLIN WHICH EVIDENCED CONSIDERABLE SUPPORT FOR
THE PROTOCOL, ALTHOUGH SIGNIFICANT PROBLEMS REMAIN ON WHICH
CONSENSUS HAS NOT BEEN REACHED.

UNRESOLVED ISSUES INCLUDE HOW TO DEAL WITH PUBLIC SERVICES
(YET TO BE DEFINED). GIVEN THE DEFERENCE ALREADY IN THE
DRAFT TEXT TO NATIONAL REGULATORY REGIMES (SUPPORTED BY THE
UNITED STATES, SO THAT NO LIMITATIONS WOULD BE CREATED, FOR
EXAMPLE, TO FCC,S LICENSING AND INTERAGENCY REPSONSIBILITIES
OR THE APPLICATION OF EXPORT OR TECHNOLOGY CONTROLS),
CONCERNS HAVE BEEN RAISED BY THE SPACE INDUSTRY THAT IF
ECONOMICALLY UNMANAGEABLE OBLIGATIONS TO PROVIDE PUBLIC
SERVICES ARE ALSO INCLUDED, THE RISKS MAY WELL OUTWEIGH THE
POTENTIAL BENEFIT OF THE PROTOCOL. OTHER PROBLEMS INCLUDE THE
FINANCING TREATMENT OF COMPONENTS WITHIN SPACE CRAFTS AND THE
TREATMENT OF SATELLITE GROUPS OR CONSTELLATIONS FOR FINANCING
PURPOSES.

UNIDROIT HAS THROUGHOUT SOUGHT INPUT FROM COPUOS. THE
SUBCOMMITTEE HAS BEEN CONSIDERING THE SPACE ASSETS PROTOCOL
AS A SINGLE ISSUE ITEM. THE UN OFFICE FOR OUTER SPACE
AFFAIRS (UNOOSA) AND UNIDROIT SECRETARIATS REMAIN IN
CONSULTATION ON THESE MATTERS, A PROCESS THE UNITED STATES
HAS SUPPORTED.

THE USG REMAINS SUPPORTIVE OF THE GOALS OF THE PROPOSED SPACE
ASSETS PROTOCOL, AND THE UNIDROIT PROJECT ENJOYS SUPPORT FROM
THE U.S. PRIVATE SECTOR AS A MEANS TO MAKE MORE PRIVATE
SECTOR CAPITAL MARKET FUNDING AVAILABLE FOR COMMERCIAL SPACE
ACTIVITIES.

IT IS OUR VIEW, WHICH HAS BEEN GENERALLY ACCEPTED, THAT THE
SPACE ASSETS PROTOCOL SHOULD STATE CLEARLY THAT IT WILL NOT
AFFECT STATE PARTY RIGHTS AND OBLIGATIONS UNDER THE OUTER
SPACE TREATIES OR THE INTERNATIONAL TELECOMMUNICATION
UNION,S TREATY REGIME. IN ADDITION, THE UNITED STATES SHOULD
ENSURE THAT THE SPACE ASSETS PROTOCOL CONTINUES TO STATE
CLEARLY THAT IT DEFERS TO DOMESTIC REGULATORY PROCESSES
RELATING TO SPACE ACTIVITIES. THESE POINTS ENJOY SUBSTANTIAL
SUPPORT FROM OTHER DEGATIONS BOTH AT COPUOS AND AT UNIDROIT.

IN REGARD TO THE RELATIONSHIP BETWEEN THE TERMS OF THE DRAFT
PROTOCOL AND RIGHTS AND OBLIGATIONS OF STATES UNDER THE OUTER
SPACE LEGAL REGIME, A NUMBER OF DELEGATIONS HAVE PREVIOUSLY
STATED THAT THERE WAS NO APPARENT CONFLICT BETWEEN THE TWO
TREATY REGIMES, WHICH IS CONSISTENT WITH THE U.S. POSITION.
MOREOVER, NO OTHER STATE IDENTIFIED A PARTICULAR CONFLICT,
ALTHOUGH RUSSIA AND INDIA EXPRESSED THE VIEW THAT IN CERTAIN
UNDEFINED CIRCUMSTANCES, THERE COULD BE CONTRADICTIONS
BETWEEN THE TWO REGIMES.

WITH REGARD TO PREVIOUS PROPOSALS THAT THE UN SECGEN
(EFFECTIVELY OOSA) MIGHT SERVE AS A SUPERVISING AUTHORITY FOR
A NEW REGISTRY OF FINANCIAL INTERESTS TO BE ESTABLISHED UNDER
THE PROTCOL, THAT HAS BEEN WITHDRAWN IN VIEW OF THE LACK OF
CONSENSUS. WE DO NOT FORESEE RESURRECTION OF THIS PROPOSAL
AT THIS POINT. PREVIOUSLY, AN AD HOC OPEN-ENDED WORKING
GROUP ON THE FUTURE FINANCE REGISTRY, CHAIRED BY THE
NETHERLANDS, AS WELL AS CANADA, THE CZECH REPUBLIC, FRANCE,
GERMANY, HUNGARY, ITALY, SPAIN, SWEDEN, AND THE UNITED STATES
SUBMITTED A DRAFT UN GENERAL ASSEMBLY RESOLUTION AUTHORIZING
THE SECGEN TO ASSUME THE FUNCTION OF SUPERVISORY AUTHORITY,
WHICH FAILED TO GAIN CONSENSUS. RUSSIA, INDIA, GREECE, AND
ARGENTINA WERE AMONG THE STATES OBJECTING TO THE UN SERVING
AS THE SUPERVISORY AUTHORITY.

THE ITEM WAS RETAINED AS A SINGLE ISSUE ITEM FOR 2009 TO
ALLOW GENERAL REVIEW OF SUCH ISSUES AS MAY BE RELEVANT. SINCE
DELIBERATIONS ARE EXPECTED TO RESUME AGAIN IN 2009, IT WOULD
BE APPROPRIATE TO RETAIN THIS AS A SINGLE ISSUE ITEM.


12. AGENDA ITEM 9 ) CAPACITY BUILDING IN SPACE LAW: THE
SUBCOMMITTEE TOOK UP THIS ITEM FOR THE FIRST TIME IN 2008
WITH A VIEW TO PROMOTING COOPERATION WITH AND ASSISTANCE TO
DEVELOPING COUNTRIES IN ESTABLISHING PROGRAMS AIMED TO CREATE
A BETTER UNDERSTANDING OF INTERNATIONAL AND NATIONAL SPACE
LAW. THE U.S. DELEGATION WILL GIVE A STATEMENT ON THIS TOPIC.
THE SUBCOMMITTEE ALSO AGREED TO REVIEW THE POSSIBILITY OF
EXTENDING THE ITEM BEYOND THIS SESSION. THE U.S. DELEGATION
SHOULD NOT OBJECT IF SO PROPOSED.


13. AGENDA ITEM 10 ) GENERAL EXCHANGE OF INFORMATION ON
NATIONAL MECHANISMS RELATING TO SPACE DEBRIS MITIGATION
MEASURES: ON THE BASIS OF A U.S. PROPOSAL, THE SUBCOMMITTEE
AGREED TO INCLUDE THIS TOPIC AS A SINGLE ISSUE ITEM BEGINNING
AT THIS SESSION. THE ITEM WILL PROVIDE AN OPPORTUNITY FOR
MEMBER STATES TO REPORT ON MECHANISMS THEY ARE USING TO
IMPLEMENT DEBRIS MITIGATION MEASURES BASED ON THE GUIDELINES
ADOPTED BY THE IADC AND THE UN GENERAL ASSEMBLY. THE
U.S.DELEGATION WILL MAKE A STATEMENT ON THIS TOPIC. THE U.S.
DELEGATION SHOULD NOT OBJECT IF IT IS PROPOSED TO CONSIDER
THIS TOPIC NEXT YEAR.


14. AGENDA ITEM 11 - GENERAL EXCHANGE OF INFORMATION ON
NATIONAL LEGISLATION RELEVANT TO THE PEACEFUL EXPLORATION AND
USE OF OUTER SPACE: ON THE BASIS OF A U.S. PROPOSAL, THE
SUBCOMMITTEE AGREED IN 2007 ON A MULTIYEAR WORK PLAN TO
EXCHANGE INFORMATION ON NATIONAL LEGISLATION RELATED TO SPACE
ACTIVITIES. THE FIRST YEAR OF THE PLAN HAD MEMBER STATES
PRESENT INFORMATION ON THEIR NATIONAL LEGISLATION RELATED TO
GOVERNMENTAL AND NON-GOVERNMENTAL SPACE ACTIVITIES. THE
UNITED STATES SUBMITTED A PAPER ON U.S. LEGISLATION TO THE
SUBCOMMITTEE. UNDER THE WORK PLAN, A WORKING GROUP WILL BE
ESTABLISHED AT THIS SESSION TO EXAMINE THE INFORMATION
PROVIDED LAST YEAR IN ORDER TO DEVELOP AN UNDERSTANDING OF
THE MANNER IN WHICH MEMBER STATES HAVE REGULATED GOVERNMENTAL
AND NONGOVERNMENTAL SPACE ACTIVITIES. THE U.S. DELEGATION
WILL MAKE A STATEMENT ON THIS TOPIC.


15. AGENDA ITEM 12 - PROPOSALS FOR NEW ITEMS: UNDER THE 1999
AGENDA REFORM PACKAGE, FUTURE AGENDA ITEMS WILL TAKE ONE OF
TWO FORMS, BOTH OF WHICH MUST BE APPROVED BY THE FULL
COMMITTEE. FIRST, THE LSC CAN PROPOSE DISCUSSIONS OF TOPICS
LIMITED TO A SINGLE YEAR, EITHER FOR A LIMITED EXCHANGE OF
INFORMATION AND VIEWS, OR TO ASSESS WHETHER THERE IS SUPPORT
AND JUSTIFICATION FOR ADDITIONAL WORK. SECOND, MORE
SUBSTANTIAL PROJECTS CAN BE UNDERTAKEN THROUGH MULTI-YEAR
WORK PROGRAMS OF SET DURATION. THE U.S. DELEGATION WILL
SUPPORT THE CONTINUANCE OF TWO EXISTING ONE-YEAR AGENDA
ITEMS, SPECIFICALLY THE CONTINUED CONSIDERATION OF THE
UNIDROIT SPACE ASSETS PROTOCOL AND THE CONTINUED TRACKING OF
THE WORK OF THE STSC CONCERNING NPS. WE ANTICIPATE THAT
THERE MAY BE PROPOSALS FROM OTHER DELEGATIONS. USDEL SHOULD
WORK WITH OTHER KEY DELEGATIONS IN ORDER TO OPPOSE, DEFER,
MODIFY, OR REFINE PROPOSALS TO MAKE THEM CONSISTENT WITH U.S.
INTERESTS. THE U.S. DELEGATION SHOULD SEEK GUIDANCE FROM
WASHINGTON ON AREAS NOT COVERED BY THIS DELEGATION GUIDANCE.

AT THE LAST SESSION, MANY DELEGATIONS EXPRESSED CONCERN THAT
THE SUBCOMMITTEE WILL BE IN NEED OF NEW SUBSTANTIVE ITEMS. IN
THE PAST, WE HAVE SUCCEEDED IN BROKERING CONSENSUS ON NEW
ITEMS THAT HAVE BEEN USEFUL, E.G., LAUNCHING STATE,
REGISTRATION PRACTICE, THE UNIDROIT SPACE ASSETS PROTOCOL,
AND, NOW, INFORMATION ON NATIONAL LEGISLATION, AND
IMPLEMENTATION OF DEBRIS MITIGATION GUIDELINES. FOR THE MOST
PART, HOWEVER, THE EXISTING LIST OF PAST PROPOSALS HOLDS NO
PROMISE FOR CONSENSUS. THE UNITED STATES HAS AN AFFIRMATIVE
INTEREST IN HAVING THE LSC FOCUS ON EXCHANGES OF INFORMATION
AND PRACTICAL CONSIDERATIONS, RATHER THAN ABSTRACT
THEORETICAL ISSUES.

ANTICIPATED PROPOSALS FOR NEW ITEMS FROM OTHER DELEGATIONS:
BASED ON LAST YEAR,S LSC SESSION, WE ANTICIPATE THAT OTHER
DELEGATIONS WILL REITERATE THE FOLLOWING PROPOSALS FOR NEW
AGENDA ITEMS:

-- LEGAL ASPECTS OF SPACE APPLICATIONS FOR GLOBAL CLIMATE
CHANGE (PROPOSED BY CHILE)

-- APPROPRIATENESS AND DESIRABILITY OF DRAFTING A UNIVERSAL
COMPREHENSIVE CONVENTION ON INTERNATIONAL SPACE LAW (PROPOSED
BY CHINA, GREECE, RUSSIA, AND UKRAINE)

-- REVIEW OF PRINCIPLES GOVERNING THE USE BY STATES OF
ARTIFICIAL EARTH SATELLITES FOR INTERNATIONAL DIRECT TV
BROADCASTING WITH A VIEW TOWARD A POSSIBLE FUTURE TREATY
(PROPOSED BY GREECE)

-- DISCUSSION ON THE DEVELOPMENT OF AN INTERNATIONAL
CONVENTION ON REMOTE SENSING (PROPOSED BY ARGENTINA, BRAZIL,
CHILE, COLOMBIA, CUBA, EDUADOR, GREECE, MEXICO, AND PERU)

THE U.S. DELEGATION SHOULD SEEK TO OBTAIN MORE DETAILS ABOUT
THIS LAST ITEM, AND SHOULD CONSULT WITH WASHINGTON PRIOR TO
AGREEING TO ITS INCLUSION ON NEXT YEAR,S AGENDA.

DURING THE 50TH SESSION OF COPUOS, THE CHAIRMAN, GERARD
BRACHET, PROPOSED THAT THE COMMITTEE THROUGH THE STSC COULD
CONSIDER MEASURES THAT SHOULD BE TAKEN TO SUSTAIN LONG-TERM
ACCESS TO AND USE OF OUTER SPACE BEARING IN MIND THE
INCREASING NUMBER OF GOVERNMENTAL AND NON-GOVERNMENTAL ACTORS
ENGAGED IN SPACE ACTIVITIES. (THE USG IS GENERALLY SUPPORTIVE
OF THE PROPOSAL AND HAS PARTICIPATED IN INFORMAL
CONSULTATIONS HOSTED BY FRANCE. SHOULD THIS TOPIC COME UP IN
THE COURSE OF THE LSC, THE U.S. DELEGATION SHOULD REITERATE
ITS VIEW THAT THE MATTER IS STILL THE SUBJECT OF INFORMAL
CONSULTATIONS AND THAT IT IS ONE THAT CAN ONLY BE CONSIDERED
IN THE STSC. SEE REFTEL A, GUIDANCE FOR THE LAST SESSION OF
THE STSC, FOR FURTHER BACKGROUND.


16. REGARDING THE ANTICIPATED PROPOSAL ON THE APPROPRIATENESS
AND DESIRABILITY OF DRAFTING A COMPREHENSIVE CONVENTION ON
INTERNATIONAL SPACE LAW, U.S. DELEGATION SHOULD EMPHASIZE
THAT THE UNITED STATES DOES NOT SUPPORT THE CONSIDERATION OF
NEGOTIATION OF A UNIVERSAL SPACE TREATY. THIS PROPOSAL HAS A
LONG HISTORY, HAVING ORIGINATED WITH RUSSIA PRIOR TO THE 39TH
SESSION OF COPUOS. AT THE 39TH SESSION OF THE LSC, URGING BY
THE RUSSIANS GARNERED SUBSTANTIAL SUPPORT FROM THE G-77 AND
EASTERN EUROPEANS, HOWEVER, THE U.S. DELEGATION WAS
SUCCESSFUL IN KEEPING IT OFF THE LSC AGENDA. AT THE 41ST
SESSION OF THE LSC, RUSSIA WAS UNABLE TO GENERATE SUBSTANTIAL
INTEREST (ASIDE FROM BRAZIL, UKRAINE, ARGENTINA, CHINA,
COLOMBIA, AND GREECE) IN ITS PROPOSAL. WITHIN THE WESTERN
GROUP, DELEGATIONS AGREED THAT THE SUGGESTION WAS UNREALISTIC
AND WOULD UNDERMINE EFFORTS TO ENCOURAGE GREATER ADHERENCE TO
THE EXISTING TREATY REGIME. THE EUROPEAN SPACE AGENCY (ESA)
COUNTRIES EXPRESSED THE VIEW THAT IT WAS NOT POSSIBLE TO
CODIFY LARGE CHUNKS OF INTERNATIONAL LAW, BUT DEALING WITH
SPECIFIC ISSUES THROUGH NON-BINDING SETS OF PRINCIPLES (AS
HAS BEEN THE PRACTICE OVER THE PAST TWO DECADES) WAS A MORE
EFFECTIVE APPROACH. IF RUSSIA OR LIKE-MINDED DELEGATIONS
PROPOSE THE CONSIDERATION OF A COMPREHENSIVE CONVENTION,
USDEL SHOULD SEEK TO WORK WITH LIKE-MINDED DELEGATIONS TO
EMPHASIZE THE UNACCEPTABILITY OF INITIATING ANY NEGOTIATIONS
ON A UNIVERSAL SPACE TREATY. IT SHOULD ALSO EMPHASIZE THAT
RUSSIA,S ACADEMIC INTEREST IN RE-WRITING THE SPACE TREATIES
WOULD BE A SERIOUS IMPEDIMENT TO THE PROGRESS THE LSC IS
MAKING ON OTHER FRONTS.


17. THE PROPOSAL BY GRULAC STATES TO DEVELOP A CONVENTION ON
REMOTE SENSING WAS INITIALLY RAISED IN 2002. IN 2003, IN
RESPONSE TO THE 2002 DISCUSSION, BRAZIL PRESENTED A DETAILED
PAPER AS TO WHY SUCH A CONVENTION IS NECESSARY AND DESIRABLE.
USDEL WORKED CLOSELY WITH JAPAN, CANADA, AND FRANCE IN
CONVINCING BRAZIL THAT CONSENSUS COULD NOT BE REACHED ON
BRAZIL,S SUGGESTION TO REVIEW THE 1986 PRINCIPLES ON REMOTE
SENSING. THE BRAZILIAN DELEGATION AGREED TO WITHDRAW THE
PROPOSAL BUT NOTED IN A DETAILED STATEMENT THAT 1) THE
ORIGINAL IDEA PRESENTED IN 2002 OF DRAFTING A NEW CONVENTION
ON REMOTE SENSING WAS TOO AMBITIOUS AND RAISED MANY
UNDERSTANDABLE CONCERNS; 2) THE PRESENT PROPOSAL OF REVIEWING
THE PRINCIPLES WAS NOT INTENDED TO REOPEN THEM; AND 3) BRAZIL
STRONGLY SUPPORTS COMMERCIAL REMOTE SENSING ACTIVITIES AND
PROMOTING THE USE OF THAT TECHNOLOGY. IF RAISED AGAIN, U.S.
DELEGATION SHOULD OPPOSE ANY MOVE TO REVIEW, CHANGE, OR STUDY
THE PRINCIPLES RELATING TO REMOTE SENSING OF THE EARTH FROM
OUTER SPACE AND MAKE CLEAR THAT THE UNITED STATES WILL NOT
JOIN CONSENSUS ON ANY MOVE TO REVIEW, STUDY OR DEVELOP A
CONVENTION ON REMOTE SENSING. USDEL SHOULD STRESS THAT THE
PRINCIPLES ARE WORKING WELL AND DO NOT NEED TO BE REVIEWED OR
CHANGED.

THE U.S. DELEGATION MAY ALSO DRAW ON THE FINDINGS OF THE
INTERNATIONAL LAW ASSOCIATION (AN OBSERVER MEMBER OF COPUOS)
THAT EXPLAIN WHY A TREATY IS NOT THE APPROPRIATE MECHANISM,
BUT STATE RATHER THAT THIS ISSUE IS BETTER ADDRESSED THROUGH
NATIONAL MEANS. IN 1982, THE UNGA ADOPTED BY VOTE A SET OF
NON-BINDING PRINCIPLES ON THE USE BY STATES OF SATELLITES FOR
DIRECT TV BROADCAST. THE UNITED STATES VOTED AGAINST THE
RESOLUTION. CONSEQUENTLY, WE WOULD NOT SUPPORT REVIEWING
THOSE PRINCIPLES WITH A VIEW TO NEGOTIATING A TREATY BASED ON
THAT TEXT.


18. IN DISCUSSING POTENTIAL DISCUSSION ITEMS AND/OR ITEMS
WITH WORK PLANS, THE FOLLOWING CONSIDERATIONS SHOULD BE KEPT
IN MIND:

-- AS NOTED ABOVE, IN 1999, COPUOS ADOPTED A REVISED AGENDA
STRUCTURE INTENDED TO REVITALIZE LSC DISCUSSION BY PROVIDING
STRUCTURED OPPORTUNITIES FOR EXPANDED SUBSTANTIVE DISCUSSIONS
OF LEGAL ISSUES SUCH AS THOSE ASSOCIATED WITH
COMMERCIALIZATION. ANY SUCH DISCUSSIONS WOULD BE FOR THE
PURPOSE OF CLARIFYING ISSUES AND THEIR IMPLICATIONS, WITH NO
IMPLICATION THAT THE DISCUSSIONS WILL NECESSARILY LEAD TO THE
DEVELOPMENT OF LEGAL PRINCIPLES OR STANDARDS.

-- GIVEN THE PROGRESS THAT HAS BEEN MADE IN REFORMING THE UN
GENERALLY AND THE LSC IN PARTICULAR, MAINTAINING U.S.
LEADERSHIP IN THE SUBCOMMITTEE AND COHESION AMONG THE G-8
COUNTRIES IN OUTER SPACE AFFAIRS ARE CRITICAL AND SHOULD BE
TAKEN INTO ACCOUNT IN THE U.S. DELEGATION,S WORK ON OTHER
PROPOSALS.

-- THE U.S. DELEGATION SHOULD OPPOSE ANY PROPOSALS THAT IT
BELIEVES WOULD IMPEDE TECHNOLOGICAL DEVELOPMENTS AND ACCESS
TO SPACE, OR WOULD BE QUESTIONABLE IN TERMS OF U.S. FOREIGN
POLICY AND NATIONAL SECURITY CONCERNS AND THE U.S. NATIONAL
SPACE POLICY.
CLINTON