(updated October 2024)
1. SCOPE OF AGREEMENT; APPLICATION TO NATIONALS
The States Parties agree to adopt and be bound by this Agreement and the Treaty On Principles Governing The Activities Of States In The Exploration And Use Of Outer Space, Including The Moon And Other Celestial Bodies (“Outer Space Treaty”, “Treaty”), and to assure that all national activities are carried out in conformity with the provisions set forth in this Agreement and the Treaty.
2. UTILIZATION OF RESOURCES; ACCESS
The States Parties agree that any entity whose activity is authorized and supervised by a State Party shall have the right to utilize resources at the location of the activity. Utilization of resources shall include but is not limited to: (a) the collection/extraction of materials, and (b) the use of land, including surface and subsurface locations, for any public or private activity. The States Parties agree to be guided by the principles of open access, nonappropriation, and due regard as established by the Outer Space Treaty. Access to resources shall be shared. All space resource activity shall be conducted in such a manner so that other parties can safely access the same resources. Any activity that has the potential to deplete a resource shall be subject to additional consultation.
3. OWNERSHIP OF RESOURCES; NATIONAL LAWS
The States Parties agree that the removal of outer space resources from in place does not violate the ban on appropriation in Article II of the Outer Space Treaty. Resources removed from in place can become private property, subject to applicable national laws. The right to utilize resources shall terminate if the authorized entity fails to comply with the obligations in the Treaty and this Agreement.
4. PUBLIC POLICY OBLIGATIONS
The States Parties agree that the obligations of the Treaty and this Agreement include the following:
1. Use outer space exclusively for peaceful purposes;
2. Allow free access to all areas, with due regard for the activities of others;
3. Provide co-operation and mutual assistance;
4. Protect the environment and areas of special scientific interest, including cultural/historic sites;
5. Inform the public (with due regard for national intellectual property laws) of:
– The nature, conduct, locations, and results of outer space activities
– Scientific discoveries
– Any phenomena which could endanger human life or health
– Any indication of organic life
– The use of radioactive materials
5. REGISTRATION OF ACTIVITIES
The States Parties agree to register their space resource activities in accordance with the Registration Convention* when applicable, and to create and/or designate another process when not applicable.
6. STANDARDS AND RECOMMENDED PRACTICES
The States Parties agree to develop, in consultation with non-governmental entities, standards and recommended practices for the safe utilization of outer space resources by all interested countries, irrespective of their degree of economic or scientific development. Such standards or practices shall not require technology that is subject to export controls. The States Parties shall create or designate an official repository for such standards and recommended practices.
7. PROTECTION OF NATURAL ENVIRONMENT; SCIENTIFIC, CULTURAL, HISTORICAL SITES
The States Parties agree to prevent harmful contamination and/or the disruption of the existing balance of a celestial body’s environment. All outer space resource activity shall require an environmental impact assessment before approval by a national government. The States Parties further agree to protect scientific, cultural, and historic sites, and/or to designate another entity/process, such as UNESCO, for making such determinations that will be binding on the States Parties. Until such a process is established, the States Parties agree to prohibit the use or disturbance of any location on the Moon or other celestial body that is the site of a mission that occurred prior to the year 2000 CE. This prohibition applies to the location of any equipment and any evidence of presence, including footprints and tracks.
8. AGENCY; FEES
The States Parties are financially responsible for the administration of this Agreement. The States Parties agree to create an agency (“Agency”) to facilitate ongoing consultation and to administer the provisions of this Agreement, including as a repository of information (e.g., activities, standards and practices, protected sites). Any such agency shall be ministerial** only. All substantive policy decisions, including the collection and use of any fees, shall be made by the States Parties.
9. DISPUTE RESOLUTION; MEDIATION
The States Parties agree that any dispute between sovereign states shall be addressed using the consultation process detailed in Article IX of the Outer Space Treaty, facilitated by the Agency. In addition, the States Parties hereby authorize the voluntary use of binding arbitration for disputes between non-state parties in accordance with the 2011 Permanent Court of Arbitration Optional Rules for Arbitration of Disputes Relating to Outer Space Activities. The results of such arbitration shall be enforceable under the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”). Likewise, settlements achieved through mediation shall be enforceable under the United Nations Convention on International Settlement Agreements Resulting from Mediation (“Singapore Convention”).*
10. CONTROLLING LAW; RIGHTS OF INDIVIDUALS, SETTLEMENTS
In accordance with Articles VIII and XII of the Outer Space Treaty, the States Parties agree that the controlling law at any location shall be the law of the country that authorized/supervises the activity at that location, including any stations, installations, and facilities, subject this Agreement. Relations between locations of different States Parties will be governed by current international law until such time as new substantive rules are created by the States Parties. Nothing in this Agreement or in the Treaty shall be interpreted as limiting or diminishing the rights of individuals or settlements under customary international law.
*The Registration and Liability Conventions may be updated as recommended in the UNOOSA/COPUOS 2019 Guidelines for the Long-term Sustainability of Outer Space Activities.
**Ministerial: “Relating to or being an act done after ascertaining the existence of a specified state of facts in obedience to a legal order without exercise of personal judgment or discretion.” – Mirriam-Webster Dictionary
The Model Consultation Agreement is based on three organizational principles:
1. It must be comprehensive in scope and support all private activity.
2. It must protect essential public policies.
2. It must build upon and integrate current institutions and processes. No new supra-national authority.