COPUOS: GUIDANCE FOR THE U.S. DELEGATION TO THE

UNCLAS STATE 013842 C O R R E C T E D COPY CAPTION SIPDIS E.O. 12958: N/A TAGS: TSPA UNGA UNCOPUOS AORC KNNP AU SUBJECT: COPUOS: GUIDANCE FOR THE U.S. DELEGATION TO THE 47TH SESSION OF THE SCIENTIFIC AND TECHNICAL SUBCOMMITTEE FEBRUARY 8-19, 2010 ¶1. Following is guidance for the USDEL to the 47th session of the Scientific and Technical Subcommittee (STSC) of the UN Committee on the Peaceful Uses of Outer Space (COPUOS). ¶2. Space Applications Program (SAP) and implementation of UNISPACE III: Generally, the work of the SAP and follow-up to UNISPACE III should reflect the themes below. USDEL should evaluate suggested future areas of work on the basis of these themes: -- broader participation in activities related to the monitoring and understanding of the earth and its environment; -- better use of existing mechanisms for international cooperation, e.g., the Committee on Earth Observation Satellites (CEOS),the Inter-Agency Space Debris Coordination Committee (IADC),and the Group on Earth Observations (GEO); -- dissemination of information on space research areas and strategies for developing countries; -- improved coordination and less duplication among UN organizations involved in space activities; -- strengthened regional space cooperation; -- promotion of civil and commercial applications and use of outer space; and -- greater involvement of young scientists and engineers, as well as industry, in SAP activities. ¶3. STSC consideration of Space-Based Disaster Management Support: At its 2006 session, the STSC recommended the establishment of the UN platform for Space-Based Information for Disaster Management and Emergency Response (SPIDER). SPIDER was endorsed by COPUOS and the UNGA and has been established as a program under the UN Office of Outer Space Affairs (OOSA) and will report to and receive guidance from COPUOS through OOSA. SPIDER is being designed to provide access for all countries and relevant international organizations to space-based information and services relevant to disaster management, to serve as a bridge connecting the disaster management and space communities, and to facilitate capacity-building, particularly in developing countries. The program is intended to work closely with international initiatives such as the Global Earth Observation System of Systems (GEOSS),the international charter on space and major disasters, the IAEA incident and emergency center, and the international strategy for disaster reduction in order to avoid duplication of efforts. UNCOPUOS had agreed that the program was to be supported by voluntary contributions and through a rearrangement of OOSA priorities. The United States joined consensus on the establishment of SPIDER with the understanding that the additional activities associated with SPIDER would not, as far as possible, have a negative impact on the current program activities of OOSA nor on the UN regular budget as reflected in UNGA 61/110. However, at the 2007 UNGA, a Resolution was passed calling for an additional $600,000 from the UN regular budget for SPIDER staff. The United States disassociated itself from the Resolution and made a statement for the record expressing our unhappiness with the impact on the budget. We have stated that USG agencies responsible for disaster early warning and mitigation will not contribute resources to SPIDER, but that their products will be made available as they have been in the past in response to disaster situations. At this session, the USDEL should: ¶A. Reiterate that the United States does not support an increase in the budget for SPIDER. ¶B. Reiterate that USG agencies responsible for disaster early warning and mitigation will not contribute additional resources for SPIDER, but that their products will be made available, as they have been in the past, in response to disaster situations. ¶4. International Space Weather Initiative (ISWI): On the basis of a U.S. proposal, the Subcommittee agreed to add to its agenda the ISWI which will be considered under a multi-year workplan. For this session of the STSC, the Subcommittee will consider reports on regional and international plans and will discuss ways to encourage continued operation of existing instrument arrays and encourage new instrument deployment. ¶5. Space debris: At its 44th session, the subcommittee reached consensus on a voluntary set of space debris mitigation guidelines based on the guidelines produced by the Inter-Agency Space Debris Coordination Committee (IADC) in ¶2002. These STSC guidelines were subsequently endorsed by COPUOS and the UNGA during their 2007 sessions. This year, space debris will continue as a single issue item, with voluntary member state reporting on implementation of the space debris guidelines through national mechanisms. Special presentations on the state of the debris environment and updates on research concerning orbital debris will be given by experts from NASA and the IADC. The USDEL should: ¶A. Request that member states begin voluntary annual reporting of national activities to implement space debris mitigation measures; ¶B. Oppose the creation or addition of legally binding measures concerning orbital debris by the STSC, LSC, COPUOS, or UNGA; and ¶C. Oppose the creation of UNGA principles on orbital debris. ¶6. Nuclear Power Sources in Space: At its forty-sixth session in 2009, the STSC finalized and approved the Safety Framework for Nuclear Power Source Applications in Outer Space (hereafter referred to as the Framework.) Subsequently, in April 2009 and June 2009, the IAEA Commission on Safety Standards agreed to the Framework, and COPUOS endorsed the safety framework, respectively, as contained in document A/AC.105/934. ¶7. The Working Group on the Use of Nuclear Power Sources in Outer Space of the Subcommittee (hereafter referred to as the NPS Working Group) held an informal meeting in Vienna from 2 to 4 June 2009 to discuss possible follow-up work with respect to the Framework. A draft work plan was prepared at the meeting, and circulated for interagency review subsequent to the meeting with no substantive changes resulting from the review. In a follow-up informal telecon among the NPS Working Group participants from the June 2009 meeting, a consensus was reached to distribute the draft work plan prior to the STSC as a working paper of the Chairman of the Working Group. ¶8. The draft work plan has two stated objectives: (1) promoting and facilitating the implementation of the framework by providing information pertinent to challenges faced by member states and international intergovernmental organizations, in particular those considering or initiating involvement in space NPS applications; and (2) identifying any technical topics for, and establishing the objectives, scope and attributes of, any potential additional work by the Working Group to further enhance the safe development and use of space NPS applications. Further, the draft work plan outlines a five-year effort involving annual half-day workshops starting in 2011 that would be held in conjunction with the STSC,s annual sessions. The workshops, benefiting from the simultaneous interpretation facilities of the UN, would address member state (and international intergovernmental organizations,) experiences and challenges in implementing the framework. ¶9. At this STSC session, the USDEL should lead an effort to achieve, without substantive changes, a consensus within the NPS Working Group for the draft work plan summarized in the previous paragraph. The USDEL should also volunteer to provide at the first workshop held in 2011 a presentation on the United States, experience in implementing the framework. ¶10. Based on STSC member state comments during the development of the Framework, the topics listed below could be raised during the February 2010 meeting of the STSC NPS Working Group. For each of the listed topics, the USDEL will seek to achieve consensus within the STSC NPS Working Group on the desired outcome: ¶A. The role of COPUOS now that the framework is approved. Desired outcome: Agreement that a new NPS Working Group work plan, approved by the STSC, is required for additional work. ¶B. The relationship of the Framework to the UN principles relevant to the use of nuclear power sources in outer space (Resolution 47/68 of 14 December 1992, and hereafter referred to as &the Principles8). Desired outcome: Agreement that the Framework is an independent mechanism that delineates the governmental, management, and technical elements that should comprise a national infrastructure for implementing safe applications of NPS and, as such, specifies the elements required by national governments to effectively implement other relevant guidance, such as that found in the principles. ¶C. Application of the framework to commercial and defense missions. Desired outcome: Agreement that the Framework is applicable to all peaceful uses of space NPS. ¶D. The rationale for restricting the application of the framework to the protection of people and environments on Earth. Desired outcome: Agreement that while a substantial scientific body of knowledge exists for establishing a space NPS application safety framework for people and the environment in Earth,s biosphere, comparable scientific data does not yet exist that would provide a technically sound basis for developing a space NPS application safety framework for protecting humans in the unique conditions in space and environments outside of the earth,s biosphere. ¶E. The lack of more detailed design and development guidance in section 5.2 of the Framework. Desired outcome: Agreement that the guidance presented in the Framework for &safety in design and development8 is substantive, and consistent with the level-of-detail found in an IAEA safety fundamental (a document akin to the Framework). Further, that the draft work plan provides a process for identifying and documenting any technical topics for, and establishing the objectives, scope, and attributes of, any potential additional work by the Working Group to further enhance the safe development and use of space NPS applications. ¶11. The USDEL should express interest in presentations from member states and international intergovernmental organizations that share experiences related to developing/conducting space NPS applications consistent with elements of the framework. ¶12. The possibility exists that one or more Working Group members could propose that the time is now appropriate for re-evaluating and/or modifying the 1992 principles. USDEL shall not agree to any discussion of the status of the Principles. If other delegations comment on or seek to introduce proposals for revision of the UN principles, the USDEL shall draw on the following points: ¶A. The STSC has just completed a multi-year effort with the IAEA to establish the Framework and is now focusing its effort on facilitating the implementation of the framework; the Framework is an independent mechanism that delineates the governmental, management and technical elements that should comprise a national infrastructure for implementing safe applications of space NPS and, as such, specifies the elements required by national governments to effectively implement other relevant guidance, such as that found in the principles. Therefore, the priority of the STSC should be on promoting and facilitating the implementation of the Framework before considering any proposals for revising the principles. ¶B. The Legal Subcommittee (LSC) has decided to suspend consideration of the principles in its working group until the STSC has completed its work on NPS. ¶13. The USDEL shall not actively engage in formal debate on proposals of other delegations for additions to, or elaboration of, the principles, and should not join consensus on any such proposals. If asked, -- The United States has determined that while the principles have no binding effect on national programs, United States policy and practice are fully consistent with the intent of the Principles and the Framework. -- The United States has a rigorous safety review process in place prior to the launch of NPS and continues to apply that process. ¶14. USDEL shall report to Washington on the views of other nations relative to the use of NPS in outer space to assist in planning for future UN meetings. ¶15. Near-Earth Objects (NEOs): This topic is being considered under a multi-year work plan. This year, member states are invited to report on national, regional, and international collaborative activities for observation and analysis of near-earth objects. The United States will provide a statement on this topic, including details on related U.S. research efforts, including NASA space and ground research. At this session, the NEO working group will discuss a recommendation from the Association of Space Explorers (ASE) for the UN to establish an international decision-making body to address international or global threats from NEOs that are expected to impact the earth. The USG does not support the creation of new UN bodies without a compelling justification, nor is it presently in a position to financially support any new groups. In addition, the USG has not established a position on an international decision-making body to address NEO impact threats. The Delegation should focus the Working Group,s attention on how member states can increase capabilities to detect and track potentially hazardous NEOs, exchange data on their orbits and future position, and prepare mechanisms to rapidly provide information to governments should a potential earth impacting object be identified. ¶16. Recent developments in global navigation satellite systems: At its 44th session, the STSC agreed to add to its agenda an item dealing with recent developments in global navigation satellite systems and their applications. This item will provide an opportunity for system operators to report on the status of their programs. It will also serve to bring Member States up to date on the work of the international committee on GNSS and the providers forum. USDEL will deliver a statement on the status of GPS and efforts being undertaken internationally to promote the use of GPS. ¶17. Long-term Sustainability of Outer Space Activities: On the basis of a proposal by France, COPUOS agreed to add to the agenda of the STSC an item to be taken up under a multi-year workplan entitled &Long-term Sustainability of Outer Space Activities. The proposal of France was based on a series of informal consultations led by former chair of COPUOS, Gerard Brachet. The consultations included a cross-section of COPUOS Member States, international organizations and satellite industry operators. The United States participated in the informal consultations and a drafting group that documented the results. We expect that this document will be introduced by France as their contribution to the first year,s consideration of this topic. At this session of the STSC, Member States will exchange views on present and future challenges facing space activities, as well as potential measures that could enhance sustainability. In addition, the Subcommittee will establish a working group to focus on this topic and select a chair. The working group will meet for the first time in 2011. ¶18. In the course of considering this item, the USDEL should make the following points: (a) Work should address best practices associated with space operations, procedures, and policies from pre-launch through end-of-life activities; (b) Efforts should take into account, but not duplicate or reopen, the activities and recommendations being undertaken in the STSC Working Group on the Use of Nuclear Power Sources in Outer Space and the work of the STSC and the Inter-Agency Space Debris Coordination Committee (IADC) on orbital debris mitigation; (c) Work should involve input from Member States, space-faring nation representatives, commercial space operators and providers on their best practices, procedures, and policies associated with safe space operations; (d) An end product could include the preparation of a consolidated list of best practices associated with safe space operations; (e) In the event that it is agreed that the STSC will develop safe space operations guidelines, those guidelines should: (i) take into consideration current policies, principles, procedures, regulations, standard practices, and guidelines; (ii) remain voluntary and not be legally binding under international law; (iii) not provide specific or additional penalties for failing to follow the guidelines, beyond those already provided under international law; (iv) ensure that each proposed guideline maintains or improves the safety of spaceflight operations and protects the space environment without imposing unacceptable or unreasonable costs; and (v) be consistent with the activities and recommendations of other STSC working groups and the IADC; (f) Work in the STSC will not address new legal regimes; and (g) Adherence to the 1967 Outer Space Treaty, the 1968 Rescue and Return Agreement, the 1972 Liability Convention, and the 1975 Registration Convention should be encouraged. ¶19. USDEL should use the following text based on input from USG agencies and U.S. private sector entities for interventions during the course of considering this item: Begin Text: Long-Term Sustainability of Space Activities At the 52nd session of the UN Committee on the Peaceful Uses of Outer Space (UNCOPUOS),the Committee approved a new agenda item on Long-Term Sustainability of Space Activities to be taken up by the Scientific and Technical Subcommittee (STSC) through a four-year work plan. The first year of the work plan, to be implemented at the 2010 session of the STSC, calls for a general exchange of views on present and future challenges facing outer space activities, as well as potential measures that could enhance the long-term sustainability of outer space activities, with a view to establishing a working group to focus on these issues over the course of the remaining years of the work plan. UNCOPUOS work on the long-term sustainability of space activities should ultimately result in consensus on voluntary best practices guidelines that can be applied by international organizations, non-governmental entities, individual states, and by two or more states acting in collaboration, that will collectively reduce the risk to space operations for all space-faring actors. Work within UNCOPUOS on this agenda item should be bound by the following precepts: (a) Work should address best practices, procedural guidelines, and relevant technical standards associated with space operations, procedures, and policies from pre-launch through end-of-life activities; (b) Efforts should take into account, but not duplicate or reopen, the activities and recommendations being undertaken in the STSC Working Group on the Use of Nuclear Power Sources in Outer Space and the work of the STSC and the Inter-Agency Space Debris Coordination Committee (IADC) on orbital debris mitigation; (c) Work should incorporate relevant inputs from Member States, other space-faring nation representatives, as well as commercial space operators and other non-governmental entities on their best practices, operating procedures, technical standards and policies associated with safe space operations; (d) An end product could include a consolidated list of best practices and operating procedures currently associated with safe space operations; (e) In the event that the STSC adopts, adapts, or develops any recommended best practices or guidelines for safe space operations, those measures should: (i) take into consideration current policies, principles, procedures, regulations, technical standards, standard operational best practices, and guidelines; (ii) remain voluntary and not be legally binding under international law; (iii) not provide specific penalties for failing to follow them, beyond those already provided under international law; (iv) ensure that each of them maintains or improves the safety of spaceflight operations and protects the space environment without imposing unacceptable or unreasonable costs; and (v) be consistent with the relevant activities and recommendations of other STSC working groups, the IADC, and other international organizations; (f) Work in the STSC should not address new legal regimes; and (g) Adherence to the 1967 Outer Space Treaty, the 1968 Rescue and Return Agreement, the 1972 Liability Convention, and the 1975 Registration Convention should be encouraged. The STSC and any working group established to consider the long-term sustainability of space activities should consider the work of the informal consultations on best practices hosted by France, as well as inputs from individual Member States, private sector space operators, and other international organizations -- such as the International Civil Aviation Organization (ICAO),the International Telecommunications Union (ITU),the European Organization for the Exploitation of Meteorological Satellites (EUMETSAT),the Consultative Committee for Space Data Systems (CCSDS),the International Organization for Standardization (ISO),the European Space Agency (ESA),and the World Meteorological Organization (WMO)-- in completing its work on this agenda item. Potential topics for examination by the STSC under this agenda item could include: Space Debris - Mitigation - Data collection, sharing, and dissemination - Reentry notifications - Removal of debris Space Weather - Data collection - Data collection, sharing, and dissemination - Sustaining and improving sensor architecture - Mitigating space weather impacts Space Operations - Outer Space Treaties and Principles - Space Situational Awareness - Collision avoidance processes and procedures - International data center or clearing house for operational information - Common standards, best practices and guidelines - Pre-launch and pre-maneuver notifications - Registry of operators and contact information - National regulatory regimes - Nano-satellites End Text. ¶20. National space policy review: The issue of the Administration,s on-going space policy review may be raised by some delegations. If approached, USDEL may draw upon the following points: - The Obama Administration is currently in the process of assessing U.S. space strategies, programs, and options in a comprehensive interagency review of space policy. - One key element of this review is considering approaches to protection of critical government and commercial space infrastructures against &all hazards8 ) including those posed by the natural environment as well as debris and intentional threats. - Other elements of the review include an examination of policy options for more effective space acquisition and the roles of sectoral and national-level strategies in advancing U.S. national interests in space. - The U.S. review of space cooperation includes &blank slate8 analyses of options in several areas, including: - The feasibility of effectively verifiable arms control measures which support the national security interests of the United States, its allies and all spacefaring nations; - Potential reforms to the U.S. export control system for space goods and services, as part of a broad-based review of the overall U.S. export control system; - Coordination with friends, allies and trading partners on common arrangements to prevent the transfer of dual-use space capabilities to unauthorized destinations; - Expanded cooperation with allies and partners on capabilities to enhance shared security interests - Enhanced cooperation with established and emerging spacefaring nations on the peaceful exploration and use of outer space for civil and commercial applications - It is premature to predict the specific decisions that will result from this U.S. policy review. However, an October 19, 2009, statement by the United States delegation to the UNGA First Committee already clearly states enduring U.S. support for a number of long-standing principles, including those in the 1967 Outer Space Treaty, which provides the fundamental guidelines required for the free access to, and use of, outer space by all nations for peaceful purposes (Note: Full text of statement is online at: http://usun.state.gov/briefing/statements/200 9/130701.htm). . ¶21. Space security: the issue of space arms control may be raised given the Administration,s ongoing review of U.S. national space policy. 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 UN General Assembly (Disarmament and International Security) and the Conference on Disarmament would be the more appropriate multilateral fora for substantive discussions on 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 resistance to increasing calls in the CD for arms control negotiations on outer space. USDEL may draw on the following additional points as necessary: -- There is unprecedented international cooperation in space. -- We are committed to carrying out all space activities in accordance with applicable international law, including the UN Charter. -- The ongoing U.S. review of national space policy includes a &blank slate8 analyses of the feasibility of effectively verifiable arms control measures which support the national security interests of the United States, its allies and all spacefaring nations; -- 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, counter-terrorism, and sanctions enforcement. -- (if asked) If the USDEL is pressed about the statement on the Obama-Biden Transition Team,s web site for a worldwide ban on weapons that interfere with military and commercial satellites (see below for exact statement),the USDEL will state that the Obama Administration is in the process of reviewing all policies as a part of a Presidentially-directed review. The U.S. continues to encourage all nations to adhere to the principles outlined in the outer space treaties and international agreements that assure free access to, and the peaceful use of, space by all nations. - The statement that appeared on the Obama-Biden Transition Team,s web site (http://change.gov/agenda/defense agenda/) is as follows: -- &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 -- (if asked) If the USDEL is asked about U.S. support for &codes of conduct8 for military space activities, it can draw upon the following points: --- The United States will continue to play a leading role in advancing voluntary transparency and confidence-building measures (TCBMs )for national security and related space activities. --- Pragmatic multilateral TCBMs can help increase transparency regarding governmental space policies, strategies, and potentially hazardous activities. TCBMs can also help to reduce uncertainty over intentions and decrease the risk of misinterpretation or miscalculation. --- Over the past three years, the United States has had fruitful and forthright exchanges with experts from the European Union and other spacefaring nations regarding proposals for a &Code of Conduct for Outer Space Activities.8 --- Looking ahead, the United States will continue to work with like-minded nations in efforts to advance a set of voluntary TCBMs that is acceptable to the greatest number of countries. -- (if asked) If the USDEL is asked about the status of ongoing reviews of military space plans and programs, it may note that the U.S. Department of Defense submitted a report on its Quadrennial Defense Review to Congress on February 1, ¶2010. This report makes the following points about outer space security, which USDEL may draw upon, as appropriate: --- Global security and prosperity are contingent on the free flow of information transmitted through outer space and under the ocean, as well as goods shipped by air or sea. --- The United States will work with like-minded nations to foster norms regarding behavior in domains where an attack on one nation has consequences for all, especially in outer space and cyberspace. --- The United States will explore opportunities to leverage growing international and commercial expertise to enhance U.S. capabilities and reduce the vulnerability of space systems and their supporting ground infrastructure. --- Working both bilaterally and multilaterally, the United States will promote spaceflight safety. U.S. Department of Defense investments in space situational awareness will support U.S. efforts by enhancing the ability to attribute actions in space and gain greater understanding of events in space. --- (if pressed) The U.S. Department of Defense continues to improve its ability to attribute space attacks in order to hold aggressors responsible and deny them the ability to evade detection or use proxies. CLINTON