Seventeenth Report Contents

Appendix 3: Guidance on navigating the links between the Technology Safeguards Agreement (TSA) and draft Space Industry Regulations

1.The draft Spaceflight Regulations under the Space Industry Act 2018 will enable most of the requirements which stem from the TSA to be met and enforced through the licensing process. It is anticipated that the Regulations will come into force in 2021, after which time the Treaty will also come into force.

2.Applicants for a licence under the Act who are intending to operate US commercial spaceflight technology from a UK spaceport will need to comply with the US technology specific draft security Regulations [162, 180-190], which apply to all licence types where US technology, equipment or data associated with US launch activity is present. These regulations underpin the requirements that are set out within the TSA to enable the use and secure management of sensitive US space launch and satellite technology in the UK.

3.To facilitate understanding how some of the provisions of the TSA have been translated into the draft regulations we have extracted summaries from the Guidance on Security Matters and provided a table which links the draft regulations to the specific articles of the TSA.23 The provisions for each of the regulations which stem from the TSA are set out in the following paragraphs

Draft Regulation

TSA Article

Reg 162: Space site security restricted area and controlled area

Article IV

Reg 180: Segregated areas

Article IV

Reg 181: Access control to segregated area

Article VI

Reg 182: Control of access to imported technology

Article III, V

Reg 183: Monitoring and oversight of US technology

Article VI, VIII

Reg 184: Monitoring and oversight of launch activities

Article VI, VII

Reg 185: Restrictions on the use of and access to US technology

Article VI

Reg 186: Restrictions on importing US technology

Article III

Reg 187: Security training for spaceflight activities involving US technology

N/A

Reg 188: Return of US technology if export licence is revoked

Article IV

Reg 189: Processing of US technology after a normal launch

Article VII

Reg 190: Information about nationality of contributors to launch activities, etc

Article III

4.Restricted and controlled Areas: draft regulation 162 sets out the requirements for managing access to all security restricted and controlled areas at space sites. Controlled areas are space site security restricted areas that have been designated as such where US technology, data and equipment is being used, and US launch activity is taking place. The applicant or licensee who owns/manages the site is required to identify the location and size of all proposed controlled areas.

5.Segregated Areas: draft regulation 180–181 sets out requirements around segregated areas. Segregated areas are required when the licensee intends to carry out US launch activities. Authorisation to enter a segregated area can only be granted by the US Government. The licensee is responsible for proposing the area to be designated as segregated by the Secretary of State and the US Government. The area remains designated as segregated only if there is US technology in that area. Emergency services are exempt from access control measures for a segregated area, when responding to a threat to life or property.

6.Control of access to imported US technology: draft regulation 182 requires that a person who owns or is in possession of US technology must ensure that access to that technology is controlled by a person authorised to do so by the US Government throughout the transport of the technology, preparations for the launch of US launch vehicles or spacecraft, and the launch of those vehicles. It is an offence for the person who owns or is in possession of US technology not to ensure that access to that technology is controlled by a person authorised to do so by the US Government.

7.Monitoring and oversight of US technology and US technical data and launch activities: draft regulation 183–184 requires that licensees must not prevent individuals authorised by the US Government from accessing US technology and US technical data located at a controlled or segregated area, or during launch activities.

8.Restriction on the use of and access to US technology: draft regulation 185 covers restrictions on access to and transfer of US technology and technical data. The regulation makes clear that any project related to spaceflight activities that involve US technology or data must not be used for any other purpose without permission from the US Government and sets out which UK authorities may be authorised to have access to US technology and US technical data. US technology will always be under the control of authorised US participants. Licensees should keep a list and examples of appropriate identification at security check points to refer to, before access is granted.

9.Restrictions on importing US technology: draft regulation 186 sets out that no UK licensee may take possession of imported US technology, or allow any other UK participant to do so, without the permission of the regulator. The regulator may only give permission if the US Government and UK Government have agreed that the UK participant may take possession.

10.Security training for spaceflight activities involving US technology: draft regulation 187 sets out the requirements around security training for spaceflight activities involving US technology. Details of the training to be received by staff carrying out such activities should be set out in the security programme and form part of the space security training syllabus. Due to the highly sensitive nature of such technology, this applies to anyone who may potentially come into contact with US technology or data, and not just those individuals performing security functions.

11.Return of US technology if export licence is revoked: draft regulation 188 requires a licensee to return any US technology to the United States or other location in accordance with the US export licence or authorisation.

12.Processing of US technology after a normal launch: draft regulation 189 describes the procedures for handling US technology after a normal launch. The regulation makes clear that no UK participant can deal with US related technology in any manner listed in the regulation without authorisation of the US Government.

Information about nationality of contributors to US launch activities, etc: draft regulation 190 stipulates that if an applicant for a launch operator licence wishes to conduct any spaceflight activity involving both US technology and either a non-US launch vehicle or foreign spacecraft, the regulator must be informed of the nationality of any person who has contributed money, equipment, technology or personnel to the production or acquisition of any essential and integral part of the non-US launch vehicle (regulation 190) at the application stage. Equally, if an applicant for a spaceport licence intends to support launches of US spacecraft or US launch vehicles, the regulator must be informed of the nationality of any person who has contributed money, equipment, technology or personnel to the production or acquisition of any essential and integral part of the launch facilities or its business (regulation 190) at the application stage.


23 Department for Transport and the UK Space Agency, Guidance on security matters for applicants and licensees (29 July 2020): https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/904451/guidance-on-security-matters-for-applicants-and-licensees.pdf [accessed on 18 November 2020]




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