Federal Law No. 12
Issued on 19/12/2019
Corresponding to 22 Rabi’ Al-Akhar 1441H.
ON THE REGULATION OF THE SPACE SECTOR
Abrogating:
Federal Decree-Law No. 1/2014 dated 06/08/2014.
We, Khalifa bin Zayed Al Nahyan, President of the United Arab Emirates;
– Pursuant to the perusal of the Constitution;
– Federal Law No. (1) of 1972 Competencies of the Ministries and Powers of the Ministers and its amendments;
– Federal Law No. (3) of 1987 promulgating the Penal Code and its amendments;
– Federal Law No. (20) of 1991 promulgating the Civil Aviation Law;
– Federal Law No. (11) of 1992 promulgating the Civil Procedures Law and its amendments;
– Federal Law No. (35) of 1992 promulgating the Criminal Procedures Law and its amendments;
– Federal Law No. (4) of 1996 on the General Civil Aviation Authority and its amendments;
– Federal Law No. (7) of 2002 on copyrights and neighbouring rights and its amendments;
– Federal Law No. (17) of 2002 on the Regulation and Protection of Industrial Property Rights for Patents and Industrial Designs and Models and amendments;
– Federal Decree-Law No. (3) of 2003 n the Regulation of Telecommunication Sector and its amendments;
– Federal Law No. (13) of 2007 concerning the Goods Subject to Import and Export Control and its amendments;
– Federal Decree-Law No. (6) of 2009 on Peaceful Uses of Nuclear Power;
– Federal Law No. (1) of 2011 on Public Revenues of the State;
– Federal Decree-Law No. (5) of 2011 on the Regulation of the Boards of Directors, Boards of Trustees and Committees in the Federal Government;
– Federal Law No. (8) of 2011 on the Re-organisation of the State Audit Institution;
– Federal Decree-Law No. (8) of 2011 on the Rules for the Preparation of the Public Budget and Final Accounts;
– Federal Decree-Law No. (5) of 2012 on Combating IT Crimes and its amendments;
– Federal Decree-Law No. (1) of 2014 on the Establishment of the Emirates Space Agency;
– Federal Law No. (14) of 2016 on Violations and Administrative Penalties in the Federal Government;
– Federal Decree-Law No. (8) of 2017 on Value Added Tax;
– Federal Decree No. (85) of 2000 on 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 the Two Agreements Concerning These Activities;
– Federal Decree No. (77) of 2017 on the Accession of the State to the Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space; and
Based on the presentation of the Minister of State – Chairman of the Board of Directors of the Emirates Space Agency, and the approval of the Council of Ministers and the Federal National Council, and the ratification of the Federal Supreme Council,
Hereby issues the following Law:
CHAPTER 1
GENERAL PROVISIONS
Article 1- Definitions
In the Implementation of the provisions of this Law, the following terms and expressions shall have the meanings assigned against each, unless the context requires otherwise:
State: The United Arab Emirates.
State’s Territory: The State’s lands, territorial sea, and airspace above it, including free zones or any areas of a special economic status.
Government Entities: Ministries, public authorities and institutions, and other federal or local government Entities in the State.
Agency: The UAE Space Agency.
Board of Directors: The Agency’s Board of Directors.
Chairman of the Board: The Chairman of the Agency’s Board of Directors.
Identified Area: An area eighty kilometres or more above the average level of the sea level.
Space Object: Man-made object Launched or intended to be Launched into or out of the Identified Area, whether manned or un-manned, including its components as well as its launch vehicle, and parts thereof, including those not reaching the Identified Area.
Launch: The process of launching, or attempting to launch Space Object to the Identified Area or through it, including all preparations and necessary activities at the Launch site, up to the stage of payload separation, until the complete separation of the Payload from the head of the Space Object.
Space Activities: Activities that target the Identified Area, including its discovery, making an impact thereon, using, or utilising it, in accordance with the provisions of Article (4) of this Law.
Spaceflight: A space activity where a Space Object transporting individuals, living things, equipment, or other payloads to or through the Identified Area, or returning therefrom, whether that flight is orbital, sub-orbital, or above the Earth’s orbit.
Spaceflight Beyond Earth’s Orbit: A Spaceflight with the intention of going beyond the Earth’s orbit.
Orbital Space Flight: A Spaceflight with the intention of completing an orbit around the Earth.
Sub-Orbital Space Flight: A Spaceflight with the intent to enter the Identified Area without the intention of completing an orbit around the Earth.
Space-Support Flight: Any flight in the State’s airspace, which cannot be described as a Launch or Re-Entry activity and aims to support Space Activities and the related experiments and training.
High-Altitude Activities: Activities that are above the scope of air traffic control and lower than the Identified Area.
Space Data: Data that results from Space Activities, whether it is remote sensing data, or navigation data using satellites, or other means.
Incident: An event resulting from Space Activities, Space-Support Flights or High Altitude Activities that affects or may affect the safety of such activities, or the operation of a Space Object or an aircraft used for a Space-Support Flights, or the high altitude activities, or causes or may cause damage to a Person or to any object or properties in the air or on the surface of the Earth, provided that the damage resulting from such event does not amount to the level of the accident..
Accident: An event resulting from Space Activities, Space-Support Flights or High Altitude Activities that causes death, or severe injury of a Person or destruction, or massive damage to a Space Object, an aircraft used on a Space-Support Flights, high altitude activities or to properties on board, or destruction of severe damages to any object or property in the air or on the surface of the Earth.
Meteorite: A natural mass or metal stone that is not man-made, reaching the Earth from Outer Space without human intervention.
Space Debris: A space object, or a part thereof, that no longer has a role or any purpose, including its parts or components and the resulting materials, wastes or fragments, whether in outer space, including the earth’s orbit or within the earth’s atmosphere.
Space Resources: Any non-living resources present in outer space, including minerals and water.
Space Nuclear Power Sources: Devices used in Space Activities to generate energy and using nuclear materials, radioisotopes or a nuclear reactor.
Launch Vehicle: A Space Object used for the purpose of transporting a payload, other Space Objects, individuals, living things, equipment, or other things to or through, or from the Identified Area or returning therefrom, whether or not that flight is orbital, sub-orbital, or above the Earth’s orbit.
Person: Natural or legal Person.
Operator: A Person who carries out Space Activities, Space-Support Flight activities, High-altitude Activities, Space data management and dissemination activities, or any other relevant activities subject to this Law.
Authorization: A document granted by the Agency to a Person authorising him to carry out the activities listed therein, including licences, approvals, permits, in accordance with the provisions of this Law.
Authorised Operator: Any operator who has the necessary Authorization to perform its activities.
Dual-Use Commodities: Goods that have a dual-use for civil, or commercial, or military purposes, or used in manufacturing or developing of weapons of mass destruction, pursuant to Federal Law No. (13) of 2007 above mentioned.
Re-Entry: The process of returning or attempting to return a Space Object from the Identified Area, including all necessary stages and preparations for Re-entry into the Earth’s atmosphere, until the Space Object has come to a rest on the earth surface.
Outer Space: The area above the Earth’s atmosphere.
Space Sector: The sector that includes all activities, projects and programs related to Outer Space.
Convention on Registration of Space Objects Launched into Outer Space: The Convention on Registration of Space Objects Launched into Outer Space, ratified by Federal Decree-Law No. (85) of 2000 above mentioned.
Article 2- Objectives of the Law
This Law aims to establish a legislative framework regulating the Space Sector so as to create an appropriate regulatory environment to achieve the objectives of the State’s national space policy, including the following purposes:
1- Promote investment and encouraging private and academic sector participation in the Space Sector and related activities.
2- Supporting the implementation of the necessary safety, security and environmental protection measures to enhance the long-term stability and sustainability of Space Activities and related activities.
3- Supporting the principle of transparency and the commitment of the State to implement the provisions of international conventions and treaties related to Outer Space and to which the State is a party.
Article 3- Scope of Application
The provisions of this Law shall apply to Space Activities and other activities related to the Space Sector and that are carried out as follows:
1- In the State’s Territory or the State’s facilities outside the State’s Territory.
2- From vessels or aircraft registered with the State or Space Objects registered by the State.
3- By persons who hold the nationality of the State, or companies that have a main headquarters in the State.
Article 4- Regulated Activities
This Law regulates the following:
1- Space Activities, which include the following:
(a) Launch.
(b) Re-Entry.
(c) De-orbiting or disposing of a Space Object from the orbit.
(d) Operating the Launch sites or Re-Entry.
(e) Operating Space Objects, including monitoring and controlling them.
(f) Satellite telecommunication activities.
(g) Activities of space navigation, remote sensing or Earth observation.
(h) Space situational awareness activities (awareness of the current situation and the surrounding conditions in space), including monitoring and tracking of Space Objects.
(i) Space Resources exploration or extraction activities.
(j) Activities for the exploitation and utilization of Space Resources for scientific, commercial or other purposes.
(k) Providing logistical support services in Outer Space.
(l) Scientifically exploring space, conducting space-related scientific experiments, and participating in astronomy activities.
(m) Human Spaceflights, or long-term human stay in space, or the establishment or use of facilities in space or on the surface of celestial bodies, permanently or temporarily.
(n) Manufacture, assembly, completion, development, testing, transportation, storage, trade or disposal of space technologies.
(o) Any other Space Activities determined by a Cabinet Decision based on the proposal of the Board of Directors.
2- Other activities related to the Space Sector, which include the following:
(a) Space Supporting Flights and High-Altitude Activities that are not subject to Federal Law No. (20) of 1991 above mentioned, whether they are carried out in the State’s Territory or involving the participation of a flying aircraft or vehicle registered in the State.
(b) Space Data management activities, which include receiving, storing, processing, distributing, archiving or disposing of any Space Data.
(c) Collecting or trading Meteorites that fall in the State’s Territory.
(d) Specialised training programs related to space fields by non-governmental agencies.
(e) Any other activities related to the Space Sector determined by a Cabinet Decision, upon the proposal of the Board of Directors.
CHAPTER 2
ORGANISING THE AGENCY
Article 5- The Agency
The Agency is a federal public authority that enjoys an independent legal personality, a financial and administrative independence, and the legal capacity necessary to enable it to carry out all actions and acts conductive to the achievement of its goals and objectives. It shall be subordinated to the Council of Ministers.
Article 6- Agency Headquarters
The Agency’s headquarters shall be in the Emirate of Abu Dhabi, and the Board of Directors may establish branches or other offices thereof inside and outside the State.
Article 7- Objectives and Competencies of the Agency
The Agency aims to encourage and develop the uses of space science and technology in the State, and work to spread awareness of the importance of the Space Sector. The Agency
is concerned with exercising all powers, actions, and activities necessary to enable it to achieve its goals and objectives, and in particular, it may do the following:
1- Propose policies, strategies and legislations related to the Space Sector.
2- Grant Authorizations for Space Activities and other activities related to the Space Sector in accordance with the provisions of this Law.
3- Support research and studies in theoretical and applied fields of space, document information and publish the same.
4- Finance or facilitate the financing of any Space Activities and other activities related to the Space Sector.
5- Work to establish investment projects in the field of the Space Sector and manage the same on economic bases.
6- Contribute or participate in national or international projects in the space field.
7- Suggest concluding bilateral or international agreements with the relevant entities in the Space Sector, in order to achieve the objectives of the Agency.
8- Represent the State in international forums and programs, after coordination with the concerned Government Entities in the State.
9- Hold and participate in conferences, seminars and workshops related to the Space Sector.
10- Provide technical and advisory support to the entities concerned with the Space Sector in the State, provide advice and guidance to the national space programs and work to solve the challenges facing them.
11- Develop human cadres, attract national talents, support academic activities in the Space Sector, and contribute to providing opportunities for dispatching the relevant scientific missions, through coordination with the relevant authorities in the State and abroad in this regard.
12- Support national and international initiatives that seek to make the Outer Space environment more sustainable and stable.
13- Support the development of facilities and infrastructure necessary for Space Sector technologies.
14- Issue circulars and prepare the necessary media programs to raise awareness of the importance of the Space Sector.
15- Request any relevant information or data from any Person or Operator, in order to enable it to carry out its tasks.
16- Any other related tasks and functions assigned thereto by the Council of Ministers.
Article 8- The Board of Directors
The Agency shall have a board of directors to be formed by a Cabinet Decision. Said Decision shall determine the Chairman and his deputy, the remuneration of its members and the term of membership therein.
Article 9- Board of Directors’ Competencies
1- The Board of Directors is the highest authority in charge of the Agency’s affairs and is accountable before the Council of Ministers for achieving the Agency’s objectives, implementing the policies for which it was established, and exercising its powers. The Board shall exercise all powers necessary to undertake its functions, and in particular, it may do the following:
(a) Propose policies, strategies and draft laws related to the Space Sector in the State and raise the same to the Council of Ministers for approval.
(b) Propose, periodically evaluate and review the general policy of the Agency, its strategic plans and programs necessary for its implementation, and raise the same to the Council of Ministers for approval.
(c) Issue resolutions, regulations, controls and rules related to regulating Space Activities and other activities related to the Space Sector in accordance with the provisions of this Law.
(d) Approve the draft annual budget and the Agency’s draft final account and raise the same to the Ministry of Finance to include them in Law on the Appropriations of the General Budget and the Final Account.
(e) Approve the Agency’s organisational structure and raise the same to the Council of Ministers for approval.
(f) Issue administrative and financial rules and regulations and supervise their implementation.
(g) Form permanent or temporary committees to implement the tasks it deems fit.
(h) Seek the assistance of experts and specialists it deems appropriate to assist it in carrying out its tasks.
(i) Delegate some of the powers stipulated in this Article to one of its members or the Director-General, provided that the delegation is in writing and specified by a resolution of the Board of Directors.
(j) Nominate the Director-General of the Agency.
(k) Appoint the Agency’s auditor and determine his fees.
(l) Suggest fees for the services provided by the Agency and raise the same to the Minister of Finance for presentation to the Council of Ministers for approval.
(m) Any other related tasks assigned thereto by the Council of Ministers.
2- The Chairman of the Board of Directors shall submit to the Council of Ministers at the end of each fiscal year, a report on the Agency’s achievements and work progress.
Article 10- The Director-General
1- The Agency shall have a Director-General at the undersecretary grade, to be appointed by a Federal Decree, upon the proposal of the Board of Directors.
2- The Director-General shall exercise the powers and authorities necessary to manage the Agency’s operations, in particular the following:
(a) Managing the Agency’s operations and supervising its administrative, technical and financial affairs under the supervision of the Board of Directors, and representing the Agency in its relations with others and before judiciary.
(b) Proposing the Agency’s general policy, strategic and operational plans, and submitting the same to the Board of Directors for approval.
(c) Preparing the Agency’s annual proposed budget and draft final account and submitting the same to the Board of Directors.
(d) Preparing and submitting the organisational structure to the Board of Directors for approval, setting out and submitting the regulations related to the work organisation in the Agency to the Board of Directors for issuance.
(e) Coordinating with the relevant authorities inside and outside the State regarding the Agency’s work and activities.
(f) Preparing resolutions, regulations, and rules pertaining to the regulation of Space Activities and other activities related to the Space Sector in accordance with the provisions of this Law and submitting the same to the Board of Directors.
(g) Issuing Authorizations and licences related to Space Activities and other activities related to the Space Sector in accordance with the provisions of this Law and the resolutions, regulations, and rules issued by the Board of Directors in this regard.
(h) Any other relevant competences or powers granted by a resolution of the Board of Directors.
3- The Director-General may attend the meetings of the Board of Directors, unless the Board decides otherwise. The Director-General has no right to vote on the Board’s resolutions.
4- The Director-General may delegate some of his powers stipulated in clause (2) of this Article to any of the Agency’s senior employees, provided that the authorisation is written and specified.
Article 11- The Agency’s Financial Resources
The Agency’s financial resources consist of the following:
1- Budget allocated by the government.
2- Revenues generated from the services provided by the Agency, the Authorizations and approvals it grants, and the activities it performs.
3- Gifts and donations that the Board of Directors decides to accept and are in accordance with the Agency’s competencies.
Article 12- The Fiscal Year
The Agency shall have a separate annual budget. The Agency’s fiscal year shall begin on the first of January and end on the thirty-first day of December of each year.
Article 13- Exempting the Agency from Fees
The Agency’s funds are considered public funds, and they are exempt from all fees.
CHAPTER 3
SPACE ACTIVITIES AND SPACE DEBRIS
Article 14- Authorization for Space Activities
1- It is prohibited to own a Space Object, carry out or participate in Space Activities, or establish, use or possess associated facilities or utilities without obtaining an Authorization from the Agency.
2- The general conditions, regulations and procedures related to the Authorization, including its granting, renewal, amendment, cancellation, suspension, assignment to third parties, inclusion in or attachment to an Authorization previously granted, shall be determined by a Decision issued by the Council of Ministers or whomever it delegates.
3- As an exception to the provision of clause (1) of this Article, the Chairman of the Board of Directors may form an interim committee to exempt any specific Space Operator or Activities from obtaining an Authorization, or from any special conditions, requirements or procedures.
4- The Agency shall ensure that the Authorization application meets the terms and conditions for granting the same.
5- The suspension or revocation of the Authorization shall not exempt any Operator from any liability, administrative penalty, sanction or any other obligation, unless otherwise stated in this Authorization.
6- The assignment of the Authorization to third party shall not exempt any Operator from any obligation or liability established prior to the date of the assignment.
7- Without prejudice to the criminal liability, it is forbidden to assign the Authorization except with the approval of the Agency. The liability shall be joint between the assignee and the assignor in case of violation thereof.
Article 15- Telecommunications Services Authorization
1- As an exception to the provision of Article (14) of this Law, any Person wishing to provide fixed or mobile space communication services or space broadcasting services shall obtain a prior no-objection from the Agency, provided that the final Authorization shall be issued by the Telecommunications Regulatory Authority.
2- The no-objection mentioned in clause (1) of this Article shall not be deemed as an Authorization, but rather one of the conditions necessary for a final Authorization.
Article 16- Human Spaceflight Activities
1- Subject to the provisions of Article (14) of this Law, the Operator shall before engaging any natural person to participle in a Spaceflight, submit to the Agency the following:
(a) A proof that the natural person is aware and well informed of the risks associated with the Spaceflight.
(b) A written consent of the natural person to participate in the Spaceflight.
(c) A proof that the Person has completed the necessary training, physical and health fitness to participate in the Spaceflight.
(d) A proof that Operator has performed all necessary risk and safety assessments, and that there is an appropriate emergency plan.
(e) Any requirements or conditions issued by a resolution of the Board of Directors.
2- Each Operator authorised to conduct a human Spaceflight activity shall immediately inform the Agency of any Incident or Accident encountered, or the risks faced, and any measures undertaken thereby to reduce the same or the effects thereof.
3- The conditions and terms of liability related to the activities of human Spaceflight shall be determined by a resolution of the Board of Directors, in cooperation with the concerned Government Entities, and in particular those related to Sub-Orbital Flights.
Article 17- Authorization for the Use of Space Nuclear Power Sources
1- Subject to the legislation in force regarding the peaceful use of nuclear power, any Operator is prohibited from using Space Nuclear Power Sources without obtaining an Authorization from the Agency.
2- The general terms, conditions and procedures pertaining to the Authorization to use Space Nuclear power Sources, including: its granting, inclusion in or attachment to an Authorization previously granted, shall be determined by a Cabinet Decision, upon a proposal from the Agency after coordination with the concerned Government Entities.
3- Subject to the legislation in force pertaining to the use of Space Nuclear Power Sources, every Operator authorised to use Space Nuclear Power Sources shall immediately inform the Agency of any Accident or Incident encountered, or the risks faced, and any measures undertaken thereby to reduce it or to reduce its effects.
4- The applicant for an Authorization to use Space Nuclear Power Sources shall indicate in the application the reasons justifying such use.
Article 18- Extraction, Exploitation and Utilization of Space Resources
1- Subject to the provisions of Article (14) of this Law, the terms and conditions relating to Authorization for the extraction, exploitation and utilization of Space Resources, including their ownership, purchase, sale, trade, transportation, storage and any Space Activities aimed at providing logistical services in this regard shall be determined by a Decision issued by the Council of Ministers or whomever it delegates.
2- The Authorization referred to in clause (1) of this Article shall be granted by a resolution of the Board of Directors upon the proposal of the Director-General.
Article 19- Space Debris Mitigation
1- Each Operator authorised to own or develop a Space Object, or carry out or participate in Space Activities, shall take the necessary measures and plans to mitigate Space Debris and reduce the effects thereof, as determined by a resolution issued by the Board of Directors.
2- Each Authorised Operator in accordance with clause (1) of this Article, shall immediately notify the Agency of the following:
(a) Any Space Debris resulting from any of the Space Objects participating in the authorised activities.
(b) Exposure of any of the Space Objects participating in the authorised activities, to a highly potential risk, loss of control, or collision with a Space Debris or other Space Objects in Outer Space.
(c) Any measures or plans taken to mitigate the risks resulting from any of the paragraphs
(a) and (b) of this clause or to reduce its effects.
(d) Any modifications to the measures and plans taken to mitigate Space Debris or reduce its effects.
3- Each Authorised Operator shall provide the Agency with periodic reports that are updated annually, or as required by the Agency, regarding any warnings or risks related to any Space Objects participating in any Space Activities authorised.
Article 20- Contracting Parties’ Liability
1- The Authorized Operator’s adherence to the obligations prescribed therefor under this Law does not exempt him from liability for damage caused on the surface of the Earth or in aircraft during its flight, by a Space Object participating in the activities authorised for the Operator, towards other parties not participating in or contracted with in such Authorized activities.
2- The damage referred to in clause (1) of this Article means loss of life, personal injury, or any other impairment of health, or loss or damage to properties of State, or Persons or international intergovernmental organisations.
3- If the Authorised Operator is a non-governmental body and its activity caused damage to the natural persons on board the Space Object, or the property thereon, during a human Spaceflight activity, then the State shall not be liable for compensation, even if the Operator is in compliance with the obligations established therefor under this Law.
4- The State shall not be liable for any compensation arising out of an Operator’s Space Activity towards any other parties contracted with to exercise that activity, or any Persons participating in that activity or during their presence, at the invitation of the Operator or the launching state in the immediate vicinity of the area from which the Launch or the Re-entry is to be carried out.
5- The compensation referred to in clause (4) of this Article is limited between the parties participating in the Space Activity, according to the terms, conditions and obligations mentioned in the contracts concluded therewith or what is agreed upon between those parties.
Article 21- Third-Party Liability
1- In all cases, the Operator shall be liable for any damage caused to third-party on the surface of the Earth or in the aircraft while flying inside or outside the State’s territory, and caused by the Space Object owned, or operated by the operator or jointly owned or operated.
2- If the Operator, referred to in clause (1) of this Article, is authorized, and is conducting the activities in accordance with the granted Authorization, he shall be liable to pay compensation for damage caused to the third parties inside the State in accordance with the provisions of Article (24) of this Law.
3- If the Operator referred to in clause (1) of this Article, is not authorized nor exempted pursuant to the provisions of this Law, or is in breach of the granted Authorization, he shall absolutely be liable to pay compensation for damage caused to the third parties without any limitation of the compensation amount.
Article 22- Liability for Damages to Another Space Object
1- When the Operator’s fault is proven, the Operator shall be liable for any damage being caused elsewhere than the surface of the earth to any space object or to Persons or property aboard that Space Object, provided that the damage caused was by the Space Object which is fully or partially owned or operated by the Operator.
2- If the Operator, referred to in clause (1) of this Article, is authorized, and is conducting the activities in accordance with the granted Authorization, he shall be liable to pay compensation for damage caused to the third parties inside the State in accordance with the provisions of Article (24) of this Law.
3- If the Operator referred to in clause (1) of this Article, is not authorized nor exempted pursuant to the provisions of this Law, or is in breach of the granted Authorization, he shall be absolutely liable to pay compensation for damage caused to the third parties without any limitation of the compensation amount.
Article 23- Liability in Othere Cases
1- In all cases not covered by the provisions of this Chapter, Operator shall be liable for any damages resulting from his activities.
2- The Agency may include in the Authorization any further terms related to liability for compensation.
3- The Board of Directors shall determine by a resolution any other terms, conditions, or rules necessary for the implementation of the provisions of this Chapter.
Article 24- Liability Limits Determination
1- When assessing the limitations of compensation for liability in accordance with the provisions of this Law, the following shall be taken into consideration:
(a) The size of the Launch Vehicle and any other Space Object launched therefrom.
(b) The record the launching Operator or the process of Re-entry.
(c) The planned trajectory of the launched or re-entered Space Object.
(d) Any other elements that determine the risk occurrence probability of Accidents or Incidents.
2- The terms, conditions and rules for the calculation and limitations of compensation mentioned in this Article shall be determined by a decision issued by the Council of Ministers or whomever it delegates.
Article 25- Insurance and Guarantees
Any Operator subject to the Third Party regime pursuant to the provisions of this Law, shall obtain an insurance policy with one of the insurance companies approved by the Agency, and he may provide any other guarantees approved by the Agency, in accordance with the requirements determined by a resolution of the Board of Directors.
Article 26- Compensation for International Claims
If the Operator who is not a Government Entity, causes damage to others, thus resulting in international claims against the State, the Operator shall compensate the State as follows:
1- If the Operator is authorised and does not breach the terms of his Authorization under the provisions of this Law, then the compensation amount shall be in accordance with the terms and conditions for the calculation and limitations of compensation referred to in Article (24) of this Law, whether or not the State is named a co-insured beneficiary in the insurance policy , and up to the specified amount of the limit. .
2- If the Operator is not authorised or is in breach of the terms of his Authorization, the compensation shall be absolute for those claims and for the losses or damages incurred by the State in this regard.
Article 27- Liability when Using State Launch Facilities
If a non-governmental Operator uses State’s Launch facilities or any of its properties, it shall enter into a special agreement with the Launch facility owner in coordination with the Agency, specifying liability limits between parties for any damages that might be caused to the State, or its facilities or properties.
CHAPTER 4
OTHER ACTIVITIES RELATED TO THE SPACE SECTOR
Article 28- Authorizations for Other activities related to the Space Sector
1- It is prohibited to undertake or participate in any other activities related to the Space Sector, without obtaining an Authorization from the Agency.
2- The Council of Ministers shall, upon the Agency proposal and after coordination with the concerned governmental entities, set out the conditions and requirements to regulate the Authorization of other activities related to the Space Sector.
3- The Chairman of the Board may form a temporary committee decide on exempting any Person, Operator or any other activities related to the Space Sector from obtaining an Authorization, or from any terms, or conditions, or procedures relating thereto.
4- The Agency shall ensure that any application for an Authorization of other activities related to the Space Sector meets the terms and conditions prescribed for its granting.
Article 29- Space-Support Flights Activities and High-Altitude Activities
1- Subject to the provision of Article (28) of this Law, the Agency may request the applicant for an Authorization of the Space-Support Flights Activities and High-Altitude Activities to provide it with any certificates or fulfil any requirements relating to air traffic management.
2- The Agency exonerates the Operator from the obligation to obtain an Authorization to carry out Space-Support Flights Activities and High-Altitude Activities under this Article, if the activities are completely covered by an Authorization or permission granted thereto under Federal Law No. (20) of 1991 mentioned above, or any bylaws or regulatory resolutions issued thereunder.
3- The Agency, upon granting an Authorization for Space-Support Flights Activities and High-Altitude Activities which includes Human Space flight on board, shall ensure that the applicant for an Authorization meets the following requirements:
(a) A proof that the natural person on board of any of such flights is aware and well informed of the risks associated with.
(b) A written consent from the natural Person to participate in such flight and his acceptance of the risks associated with such flights.
(c) A proof that the natural person has completed the necessary training, natural and health fitness to take the Spaceflight, as determined by the Board of Directors resolution.
(d) A proof that he has performed all necessary risk and safety assessments, and that there is an appropriate emergency plan.
(e) Compliance with the legislation in force regarding civil aviation in the State.
4- Each Operator authorised to engage in Space-Support Flights Activities and High-Altitude Activities shall immediately inform the Agency of any Incident or Accident encountered, or the risks faced, and any measures undertaken thereby to reduce the same or the effects thereof.
Article 30- Meteorites
1- The Agency shall establish a special registry for the Meteorite Stones, for registering and updating the data therein, pursuant to the terms and procedures determined by the Board of Directors resolution.
2- Any Meteorite that falls in the State’s Territory shall be the property of the emirate in which it falls.
3- If the Meteorite falls on a common border between the emirates or made a noticeable impact in more than one of the emirates, then the Meteorite shall be the property of the State.
4-Any Person possesses a Meteorite Stone, shall register it in the register mentioned in sub- Article (1) of this Article.
5- Every Person who detects a Meteorite or knows its whereabouts, shall immediately inform the Agency or specialised scientific centres approved by the Agency or the nearest police station of the details and information of this Meteorite, unless he was previously authorised by the concerned Government Entities to possess this Meteorite, with the approval of the Agency.
6- It is prohibited to sell, purchase, trade, store, transport, export outside the State or import, or conduct any experiments on a Meteorite, unless such act is authorised by the concerned Government Entities and approved by the Agency.
7- The specialised scientific centres approved by the Agency shall be excluded from the prohibition mentioned in clauses (5) and (6) of this Article.
8- The Agency may ask the Person who owns a Meteorite to borrow it, or have a sample thereof, for scientific or research purposes.
CHAPTER 5
SPACE OBJECTS REGISTER
Article 31- Registration of Space Objects
1- The Agency shall establish a national register of Space Objects for which the State is considered the launching State thereof, in accordance with the requirements and conditions prescribed by a resolution of the Board of Directors.
2 – Subject to the Convention on Registration of Space Objects Launched into Outer Space, if there is more than one country eligible to be the launching state of a Space Object, then the Agency shall work to enter the State into an agreement with those countries, so as to determine the country in charge of registering the Space Object in its own register and that of the United nations.
3- Subject to the provisions of Article (14) of this Law, the Operator who conducts a Launch from the State’s Territory, or from vehicles, or aircraft or Space Objects registered in the State, shall provide the Agency with the following data:
(a) Name of Launching State or States.
(b) An appropriate designator of the Space Object or its registration number.
(c) Launching date and territory or location from which the Launching will take place.
(d) The basic orbital parameters of the Space Object, including the nodal period, inclination, apogee and perigee.
(e) The general function of the Space Object, in accordance with the Convention on Registration of Space Objects
Launched into Outer Space.
(f) Information about the payload and equipment on board the Space Object, and any Space Nuclear Power Sources.
(g) The name of the manufacturer, owner and Operator of the Space Object.
(h) Any other information required by the Agency.
4- After providing the Agency with the information referred to in paragraphs (c) and (d) of clause (3) of this Article, the Operator shall provide the Agency with the first update of this information within a period to be determined by the Agency from the date of Launch of the Space Object.
5- The Operator shall update the information referred to in clause (3) of this Article in accordance with the instructions issued by the Agency.
6- The Agency shall update the information referred to in clause (4) and (5) of this Article in both the national register and the United Nations Register.
7- The Agency, in coordination with the concerned Government Entities, shall set out the conditions and requirements related to the registration of Space Objects, aircraft, flying
vehicles and any other major data for any of the Sub-Orbital Flights, Space-Supporting Flights, High-Altitude Activities, or other activities related to the Space Sector .
CHAPTER 6
RELATED LEGISLATION
Article 32- Intellectual Property Rights
1- Nnotwithstanding international conventions to which the State is a party, the Space Activities and the other activities related to the Space Sector shall be subject to the applicable legislations related to the intellectual property rights including inventions, designs, and industrial patterns carried out on the Space Object in Outer Space or on any celestial body..
2- The competent Government Entities in the State, in coordination with the Agency, may set any terms, conditions and procedures relating to intellectual property rights in the field of Space Activities or other activities related to the Space Sector, by virtue of a Cabinet Decision to be issued in this regard.
Article 33- Import and Export Regulations
1- Space Activities and other activities related to the Space Sector are subject to the legislation in force in the State in respect of import and export of goods, including those relating to Dual-Use Goods, as well as international agreements to which the State is a party.
2- The Government Entities in the State, in coordination with the Agency may lay down regulations for import and export of goods, including those relating to Dual-Use Goods, in the field of Space Activities or other activities related to the Space Sector , by virtue of a Cabinet Decision to be issued in this regard.
CHAPTER 7
RISKS AND CRISIS MANAGEMENT; SUPERVISION, INSPECTION AND INVESTIGATION PROVISIONS
Article 34- Risks and Crises Management 1- The Operator shall comply with the following:
(a) Developing a methodology for risk assessment of his physical and electronic assets associated with the activities subject-matter of the Authorization.
(b) Implementing the process of identifying and assessing the risks associated with the activities authorised and providing the Agency with the results of the assessment of those risks and the management plan thereof. The Operator shall submit to the Agency a report of any threats to his/its authorised activities.
(c) Preparing a risk management plan, including the emergency response mechanism, and providing the Agency with a copy of it and any updates thereto.
2- The terms and conditions of the implementation of the provision of clause (1) of this Article shall be determined by a resolution of the Board of Directors.
3- Subject to the provisions of liability established in Chapter (3) of this Law, the Authorised Operator’s adherence to obligations prescribed under this Article does not affect the general principle stipulating that the State is not liable for any of the plans or reports required under this Article, or for the contents of those reports, or any damage caused as a result of the implementation of any of the plans or recommendations raised in the reports.
4- The concerned Government Entities, in coordination with the Agency, shall prepare a plan for managing Space Sector-related national risks, including the fall of Space Objects or Meteorites from Outer Space on the State’s Territory.
Article 35- Auditing and Inspection
1- The Agency shall undertake the necessary auditing and inspection work to ensure compliance with the provisions of this Law and the resolutions issued in implementation thereof.
2- The Agency’s employees shall exercise audit and inspection tasks referred to in clause
(1) of this Article, and a resolution by the Director-General of the Agency may assign these or some of these tasks to a Person with sufficient experience in any technical aspects subject to auditing and inspection, provided that such person shall be under the supervision of the Agency.
3- Each Person subject to auditing and inspection by the Agency shall cooperate with it, provide it with all required information and documents thereto and adhere to the corrective measures imposed thereby, according to the time period it determines.
Article 36- Accidents and Incidents Investigation
1- A resolution issued by the Board of Directors, in coordination with the concerned Government Entities, shall issue provisions and procedures related to Accidents and
Incidents that occur or have effects within or outside the State’s Territory and investigate those Accidents and Incidents, taking into account cases in which investigative bodies from other countries participate.
2- A resolution shall be issued by the Board of Directors upon the recommendation of the Director-General of the Agency to form a committee to investigate Accidents and Incidents and shall determine its tasks and authorities.
3- Every Person involved in an Accident or Incident shall cooperate with the Agency and the investigation committee formed under clause (2) of this Article, and provide any information requested from him.
4- Each Operator who is exposed to, or causes an Incident or an Accident shall immediately notify the Agency and take the necessary measures to limit the scope of the impact and results of the Incident or the Accident, based on best practices and what the Agency decides in this regard.
5- Any Person who knew or discovered that the crew member of an Space Object had an Accident, made an emergency landing, or unintentionally landed in the State’s Territory, or knew or discovered that a Space Object or a part thereof has returned to Earth in the State’s Territory, shall immediately inform the public authorities in the State and not take any measures in this regard except as determined by those authorities or the Agency.
CHAPTER 8
ADMINISTRATIVE SANCTIONS AND PENALTIES
Article 37- Violations, Remedies and Administrative Fines Regulation
The Council of Ministers shall, upon the proposal of the Board of Directors, issue a resolution regarding the violations, remedies and administrative fines related to the application of the provisions of this Law.
Article 38- Non-prejudice to a More Severe Penalty
The imposition of the penalties stipulated in this Law shall not affect any more severe penalty stipulated in any other law.
Article 39- Penalties
Whoever contravenes the provision of clause (1) of Article (14), clause (1) of Article (17), and clause (1) of Article (28) of this Law shall be punished with imprisonment for a
period not exceeding two years, and a fine of no less than (100,000) one hundred thousand dirhams and not exceeding (10,000,000) ten million dirhams, or either of them.
Article 40
A penalty of imprisonment for a period not exceeding two years, and a fine of no less than (50,000) fifty thousand dirhams and no more than (5,000,000) five million dirhams, or either of them, shall be imposed on each Authorised Operator who violates the limits of the Authorization granted thereto.
Article 41
Whoever contravenes the provisions of clauses (3), (4) and (5) of Article (36) of this Law shall be punished with imprisonment for a period not exceeding one year, and a fine of no less than (30,000) thirty thousand dirhams and no more than (3,000,000) three million dirhams, or either of them.
Article 42
Whoever violates the provision of clause (1) of Article (16) of this Law shall be punished with imprisonment for a period not exceeding one year and a fine not exceeding (500,000) five hundred thousand dirhams, or either of them.
Article 43
Whoever submits false information to the Agency, or refrains from submitting the required information, or prevents the Agency’s employees from carrying out Auditing and Inspection tasks shall be punished with imprisonment for a period not exceeding (6) six months, and a fine of no less than (20,000) twenty thousand dirhams and not exceeding (2,000,000) two million dirhams, or either of them.
Article 44
Whoever violates the provision of clause (3) of Article (17), the provision of clauses (1) and (2) of Article (19), the provision of Article (25), the provision of clauses (4), (5), (6) and (7) of Article (30), the provision of clause (1) of Article (34), and the provision of clause (3) of Article (35) of this Law shall be punished with a fine not exceeding (200,000) two hundred thousand dirhams.
Article 45- Recidivism
Any of the penalties stipulated in this Law shall be doubled in case of recidivism.
CHAPTER 9
FINAL PROVISIONS
Article 46- Transitional Provisions
1- Each person who has a valid Authorization or approval issued by a competent Government Entity and relates to any of the activities that are subject to the provisions of this Law, shall adjust its position in accordance with the provisions of this Law and the resolutions issued in implementation thereof within the period to be determined by a resolution of the Board of Directors, provided that it does not exceed two years from the date of entry into force of this Law.
2- The Authorizations or approvals referred to in clause (1) of this Article, which does not conflict with the provisions of this Law and the resolutions issued in implementation thereof, shall continue to apply until the end of their term, cancellation, or replacement thereof with an Authorization from the Agency.
3- The Agency is concerned with determining the compatibility or incompatibility of any of the Authorizations or approvals referred to in clause (2) of this Article with the provisions of this Law and the resolutions issued in implementation thereof.
4- Any Person or Operator granted a license or approval according to clause (1) of this
Article shall provide the Agency with the following:
(a) A written notification that includes copies of the license or approval.
(b) All requirements, information and data related to license or approvals.
(c) Any data or other information required by the Agency, including information related to registration of Space Objects.
5- The Agency may grant any Operator a temporary Authorization under which he is authorised to continue the activities he/it engages in before the date of the entry into force of this Law, until he is granted an Authorization from the Agency.
Article 47- Dealing with National Threats, Emergencies and Crises
1- The concerned Government Entities, in coordination with the Agency, may take the necessary measures in the event of any threat to national security or the interests of the State, or serious risks to health, public safety, property safety, or any other threats at the regional or international level, if the Operator does not comply with the provisions of this Law and any resolutions issued in implementation thereof.
2- The Agency may request the Authorised Operator in the event of national emergencies and crises to implement specific activities related to the nature of his work, whether inside or outside the State, according to the available capabilities.
Article 48- The Concerned Government Entities’ Cooperation with the Agency
The competent Government Entities in the State shall cooperate with the Agency in the performance of its duties, on any matters pertaining to those entities and related to their areas of competence.
Article 49- Fees
The Council of Ministers shall issue a resolution determining the fees necessary to implement the provisions of this Law.
Article 50- Obtaining Other Authorizations
A Authorization obtained by any Operator in accordance with the provisions of this Law does not exempt from obtaining any other Authorization that are required in accordance with the provisions of any other legislation.
Article 51- Capacity of Judicial Officers
The Agency’s employees who are determined by a resolution issued by the Minister of Justice in agreement with the Chairman of the Board of Directors, shall have the capacity of judicial officers to prove, within the limits of their competence, any violations of the provisions of this Law and the resolutions issued in implementation thereof.
Article 52- Grievance against the Agency’s Resolutions
1- Each Person may file a grievance against any resolution issued by the Agency in implementation of the provisions of this Law, within thirty (30) days from the date of his notification of the resolution. The grievance shall be submitted to the Chairman of the Board, provided that it is in writing and accompanied by the supporting documents. The grievance shall be decided within (90) ninety days from the date of its submission by a grounded resolution issued by the Board of Directors. The lapse of the aforementioned period without any response to the grievance is considered a rejection thereof the.
2- The resolution issued on the grievance shall be final.
Article 53- Abrogation
1- Federal Decree No. (1) of 2014 on the establishment of the Emirates Space Agency shall be abrogated.
2- Any provision that violates or contradicts the provisions of this Law shall be abrogated.
Article 54- Publication and Entry into Force
This Law shall be published in the Official Gazette and shall enter into force one month after the date of its publication.
Issued by us at the Presidential
Palace in Abu Dhabi:
On 22 / Rabi’ Al-Akhar / 1441H.
Corresponding to 19 December 2019
Khalifa bin Zayed Al Nahyan
President of the United Arab Emirates
The present Federal Law was published in the Official Gazette, issue No. 669 p. 111.
