SPACE ASSISTANCE AND COOPERATION POLICY

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP88B00838R000300510028-8
• Release Decision: RIFPUB
• Original Classification: C
• Document Page Count: 10
• Document Creation Date: December 22, 2016
• Document Release Date: August 18, 2009
• Sequence Number: 28
• Publication Date: August 6, 1982
• Content Type: MEMO

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NATIONAL SECURITY
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THE WHITE HOUSE
CONFIDENTIAL/NOFORN August 6, 1982
MEMORANDUM FOR THE VICE PRESIDENT
THE SECRETARY OF STATE
THE SECRETARY OF DEFENSE
THE SECRETARY OF COMMERCE
THE DIRECTOR, OFFICE OF MANAGEMENT AND BUDGET
THE DIRECTOR OF CENTRAL INTELLIGENCE
THE CHAIRMAN, JOINT CHIEFS OF STAFF
THE DIRECTOR, ARMS CONTROL AND DISARMAMENT AGENCY
THE DIRECTOR, OFFICE OF SCIENCE AND TECHNOLOGY POLICY
THE ADMINISTRATOR, NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
SUBJECT: Space Assistance and Cooperation Policy
The President has approved the attached National Security
Decision Directive on Space Assistance and Cooperation.
Also attached are implementing guidelines.
FOR THE PRESIDENT:
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NATIONAL SECURITY DECISION
DIRECTIVE NUMBER 50
August 6, 1982
SPACE ASSISTANCE AND COOPERATION POLICY
I. INTRODUCTION
The fundamental aspects of National Security Decision
Memorandum (NSDM) 187 of August 30, 1972, as they apply to
today's international space activity have been reviewed.
This review highlighted the substantial lead the U.S. enjoys
in a wide variety of technological and space related-areas --
a lead which should be maintained when considering and
implementing any international activity or transfer governed
by the following directive. Based upon this review, this
directive which replaces NSDM 187 is approved and provides
general guidance for U.S. space launch assistance; space
hardware, software and related technologies assistance; and
international space cooperation. Specific implementing
guidelines are being issued by the Assistant to the President
for National Security Affairs.
II. POLICY GOVERNING SPACE LAUNCH ASSISTANCE
In dealing with requests from foreign governments,
international organizations or foreign business entities for
assistance in launching foreign spacecraft, the following
general policy guidance is provided.
U.S. launch assistance will be available to interested
countries, international organizations or foreign business
entities for those spacecraft projects which are for peaceful
purposes and are consistent with U.S. laws and obligations
under relevant international agreements and arrangements
(such as Intelsat) as determined by the U.S. Government.
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III. POLICY GOVERNING SPACE HARDWARE, AND RELATED
TECHNOLOGIES ASSISTANCE
In dealing with requests for the transfer of, or other
assistance in the field of space hardware, software and
related technologies,-the following general policy-guidance
is provided.
Sales of unclassified U.S. space hardware, software,
and related technologies for use in foreign space projects
will be for peaceful purposes; will be consistent with
relevant international agreements and arrangements and
relevant bilateral agreements and arrangements; will serve
our objectives for international cooperation in space
activities (see Section IV); will contain restrictions on
third country transfers; will favor transfers of hardware
over transfers of technology; will not adversely affect U.S.
national security, foreign policy, or trade interests through
diffusion of technology in which the U.S. has international
leadership; and will continue to be subject to the export
control process. A special interagency coordinating group
chaired by the Department of State will be established to
consider special bilateral agreements covering the transfer of
space hardware, software, and related technologies.
IV. OBJECTIVES OF INTERNATIONAL COOPERATION IN
SPACE ACTIVITIES
The broad objectives of the United States in inter-
national cooperation in space activities are to protect
national security; promote foreign policy considerations;
advance national science and technology; and maximize
national economic benefits, including domestic considera-
tions. The suitability of each cooperative space activity
must be judged within the framework of all of these objectives.
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IMPLEMENTING GUIDELINES TO THE SPACE ASSISTANCE
AND COOPERATION POLICY
Policy Governing Space Launch Assistance
1. Space launch assistance will be available, consistent
with U.S. laws, either from U.S. launch sites through the
acquisition of U.S. launch services on a cooperative or reim-
bursable basis or from foreign launch sites by purchase of an
appropriate U.S. launch vehicle (see policy guidance under
Section B). In the case of launchings from foreign sites,
the U.S. will require assurance that the launch vehicles will
be used solely for peaceful purposes and will not be made
available to third parties without prior agreement of the U.S.
2. Although due consideration is to be given to Intelsat
definitive arrangements, the absence of a favorable Intelsat
recommendation regarding such arrangements should not neces-
sarily preclude U.S. launching of public domestic or inter-
national telecommunications satellites when such launching is
determined to be in the best interests of the U.S.
3. With respect to the financial conditions for
reimbursable launch services from U.S. launch sites, foreign
users (including international organizations) will be charged
on the same basis as comparable non-U.S. Government domestic
users.
4. With respect to the priority and scheduling for
launching foreign payloads at U.S. launch sites, such
launchings will be dealt with on the same basis as U.S.
launchings. Each launching will be treated in terms of
its own requirements and as an individual case. Once a
payload is scheduled for launch, the launching agency will
use its best efforts to meet the scheduling commitments.
Should events arise which require rescheduling, such as
national security missions, the U.S. will consult with all
affected users in an attempt to meet the needs of the users
in an equitable manner.
5. Interface drawings and hardware (i.e., spacecraft
attach fittings, etc.) provided in connection with the
launch assistance provisions of this policy shall be exempt
from the provisions of Section B.
B. Space Hardware, and Related Technologies Assistance
1. For the purpose of this policy, the following
distinctions are recognized:
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a. Hardware, software, and related technical
information include:
(1) Equipment in the form of launch vehicle
components and spacecraft including
subsystems and components thereof,
associated production and support equip-
ment.
(2) General physical and performance specifi-
cations, and operating and maintenance
information on the above equipment.
b. Technical assistance (technology, data and
know-how) necessary for design, development and production.
of space hardware and software, including pertinent labora-
tory and test equipment or performance of functions and/or
the conveyance of oral, visual or documentary information
involving the disclosure of information relating to:
(1) Development and testing activities,
detailed design drawings and specifi-
cations, managerial and engineering
know-how and problem solving techniques.
(2) Production activities in the form of
licenses, detailed production drawings,
process specifications, and identifica-
tion of requirements for production
equipment.
2. The purpose of drawing the distinction between
"hardware, software and related technical information" and
"technical assistance" is to maintain U.S. technological
advantage. This can best be done by selling "hardware,
software and related technical information," the product
of our technology, rather than by selling the technology
itself which, once gone, is irretrievable. This does not
mean that transfer of certain "technical assistance" under
appropriate safeguards should not be considered on a
case-by-case basis. In those cases in which "technical
assistance" is provided, it should be done under safeguards
which ensure protection of U.S. national security and foreign
policy interests. Thus, whether the sale involves "hardware,
software and related technical information," or "technical
assistance," or some combination, adequate assurances to
control replication and retransfer and ensure peaceful use
must be provided in advance of the transfer through bilateral
agreements, export licensing procedures or other mechanisms.
Such sales must be considered carefully to avoid adversely
affecting U.S. national security, foreign policy, or trade
interests through diffusion of technology in which the U.S.
has international leadership.
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3. All requests for the export or exchange of either
space "hardware, software and related technical information"
or "technical assistance" as defined above must specify the
end use for which it is sought.
4. All such requests shall be examined on a case-by-case
basis in accordance with applicable U.S. laws and-regulations
to determine the net advantage to the U.S. The determination
shall take into account relevant international agreements and
arrangements, relevant bilateral agreements and arrangements,
and our objectives for international cooperation in space
activities (see Section C).
5. U.S. space "hardware, software and related technical
information" or "technical assistance" as defined above shall
.be made available solely for peaceful purposes. No U.S. space
"hardware, software and related technical information" or
"technical assistance" as defined above shall be made available
by a recipient to a third party without the express prior
agreement of the U.S. This includes any cases where U.S.
space hardware is launched from a foreign site.
6. U.S. space "hardware, software and related technical
information" or "technical assistance" as defined above, or
any hardware, software, or technical information and processes
derived from such transfers, will not be used to contribute
to or assist in the development of any foreign weapon delivery
system. Further, any officially promulgated national security
policy directive is overriding with respect to the transfer
of military-related missile hardware, information or technology
within its purview.
7. In view of the sensitivity of space technology,
the following distinctions shall be applied in reaching
decisions as to its export. These distinctions shall
apply both to transfer abroad by federal agencies and to
commercial export.
a. Proposals or requests for the export of space
"hardware, software and related technical information" should
be met, when in the interests of the U.S., through the
provision of "hardware, software and related technical
information" rather than "technical assistance" as defined
above, whenever possible and reasonable to do so.
b. "Technical assistance" as defined above shall be
exported only under adequate safeguards providing for its use
and protection.
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8. In instances where space "hardware, software and
related technical information" and "technical assistance"
are intended specifically for use in operational communica-
tion satellite projects to provide public domestic or inter-
national telecommunications services, its export shall be
governed as specified.in Section III of the Space Assistance
and Cooperation Policy and Section A, paragraph 2 above.
9. Recognizing distinct U.S. national interests,
special bilateral agreements covering the transfer of space
launch vehicle "hardware, software and related technical
information" or "technical assistance" may be considered
under the following guidance:
a. The Department of State will convene and chair
a special interagency coordinating group consisting of repre-
sentatives from DOD, ACDA. NASA, NSC, OSTP, DOD, DCI, and
other interested agencies as appropriate to recommend policy
and to decide upon, formulate, negotiate, and provide general
guidance on implementation oversight activities regarding
bilateral agreements covering transfer to selected foreign
governments and international organizations.
b. Such agreements with selected foreign governments
and international organizations will contain provisions for
peaceful use assurances, restrictions on third country transfers
and other appropriate safeguards as may be deemed necessary
and mutually agreed.
c. Any agreements that would result in funding
demands on the U.S. Government must be approved through the
budgetary process prior to any commitment with a foreign
entity.
d. Transfer of specific space "hardware, software
and related technical information" and "technical assistance"
under such agreements will continue to be subject to the
export control review process.
10. The U.S. should encourage other supplier nations
of space "hardware and related technical information" and
"technical assistance" to establish controls on their exports
which are comparable to those set forth in this policy.
C. Objectives of International Cooperation in Space Activities
National Security Objectives
a. To maintain the U.S. margin of advantage in
technology of significance to our national
security, and to avoid release of space
hardware and technology which is considered
to involve a disproportionate risk to our
national security. .
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b. To avoid proliferation of foreign capabilities
to develop and deploy advanced weapons systems.
Foreign Policy Objectives
a. To gain other countries' support for the
U.S. in -general by promoting the U.S.- national
interest through bilateral and multilateral
cooperation.
b. To assist in the achievement of foreign policy
objectives through:
(1) Strengthening our allies and improving
our working relationships with them.
(2) Promoting multilateral cooperation with,
and among, other nations (similar to on-
going U.S. cooperation with the European
Space Agency) through suitable cooperation
with their programs, on a commercial or
joint program basis, in the event they
desire such cooperation.
c. To encourage other countries to associate their
interests with our space program.
d. To enhance U.S. prestige and ensure the U.S.
position as the world's leader in science and
technology.
e. To prevent diversion of space technology tc
other than peaceful uses and to seek maximum
U.S. influence over the development and use
of space capabilities by other countries
through foreign participation in U.S. space
activities and U.S. participation in space
activities abroad.
f. To demonstrate that the U.S. is a reliable
partner in international ventures.
Scientific and Technological Objectives
a. To foster cooperation in basic scientific
research.
b. To develop precedents and experience in
substantial cooperative undertakings which
will lend themselves to other international
scientific and technological activities.
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C. To obtain support and assistance in the
development of our national program through
(1) acquisition of scientific and technical
contributions from areas of excellence abroad
and (2) use of facilities abroad that are
necessary for mission support - tracking
stations, overflights, contingency-recovery,
etc.
Economic Objectives
a. To maximize economic benefit by appropriately
weighing:
(1) Implications of releasing technology
which involves cormnercial "know-how";
(2) enhancement of the competitive position
of the U.S. aerospace industry;
(3)
ensuring
American
and
a reasonable return on the
investment in space technology;
(4)
promoting positive effects on domestic
employment and our balance of payments.
b. Promote economic benefits for the U.S. through
increased export and trade, through foreign
purchases of goods and services, and through
increased utilization of space and space tech-
nology.
C. To seek opportunities to enhance our overall
competitive position in space technology.
d. To seek more productive aggregate use of American
and foreign resources and skills.
e. To seek foreign financial participation in our
space payloads.
f. To enhance the cost-effectiveness of space systems
through increased and more effective use.
D. Effective immediately, National Security Decision Memorandum
187 is rescinded.
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