JAXA Washington D.C

LEGAL SOLUTIONS FOR INTERNATIONAL PARTNERSHIPS FOR EXPLORATION

5 December 2018 13th Annual Eilene M. Galloway Memorial Symposium Masami Onoda, Director, JAXA Washington D.C. Office for Kazushi Kobata,JAXA Legal and Compliance Division, et.al. 1. JAXA Policy Priorities and Exploration Program ◼ Japan’s Basic Plan for Space Policy Promotion of Enhancement of Ensuring space applications industrial, scientific & space security in civil sector technological foundation

◼ JAXA Mid/Long Term Plan: Fy2018-24 ✓ To strengthen the cooperation with National Bodies of the national security affairs

✓ To extend Japanese space activities and related business by developing new partnerships with private companies

✓ To promote international space exploration program with cutting-edge Japanese space science and technologies

✓ To strengthen the international competitiveness in next- generation aircraft engine

2 Law surrounding Japan Space Activities

Act on General Rules for Basic Space Law UN Space Treaties Incorporated Administrative Agencies Basic Plan for Space Activity Law, Space Policy Remote Sensing Law Technical Law Concerning JAXA regulations

Laws concerning Information, privacy JAXA Activities

Information Trade law Disclosure Labor law Tax law Civil law Exchange and Criminal foreign trade Intellectual property law 3 Towards 2020 and beyond

JFY2020 JFY2015 ▲Tokyo Olympics and Paralympics JFY2025～

H-IIA International launch market Epsilon Enhanced Epsilon First H3 Launch ALOS-3

EarthCARE ALOS-4 Social GOSAT-3/ Infrastructure/ GOSAT-2 ETS-9 AMSR-3 GCOM-C Societal Benefits /SLATS JDRS

Himawari QZSS ～2024 ISS LEO and beyond LEO

HTV HTV-X Human Space KIBO Utilization Technologies

Sample Robotics Space Moon, Asteroid Return and Mars Hayabusa2 Technologies missions

ERG BepiColombo SLIM XRISM MMX SPICA 4 JAXA’s Overall Scenario for International Space Exploration Mars, others Pin Point Landing Technology Asteroid Gravitational Body Exploration Technology Sample return

★ Initial Exploration ★ Full Fledge Exploration MMX： JFY2024 • Search for life • Utilization feasibility exam Pin-point Landing Gravitational Body • Science exploration • Long term scientific exploration Technology Exploration Technology Pin-point Kaguya Landing Technology Moon ©JAXA ©JAXA ©JAXA ©JAXA ©JAXA Full-fledged Exploration & SLIM Traversing exploration（prox.2023～） Sample Return（prox.2026～） Utilization （JFY2021） • Science exploration • S/R from far side • Cooperative science/resource • Water prospecting • Technology demo for human mission exploration by robotic and human • Diverse entity’s moon activities HTV-X der. Support （prox. 2026～） • Small probe deploy Habitation • Data relay, etc technology Deep Space Support Rendezvous and Gateway Phase 1 Gateway Docking Technology （2022-） Phase 2 • Support for Lunar science • Technology Habitation • Science using deep space demo for Human Technologies environment Mars mission Earth Promote Commercialization 5 International Space Station 2. Overview of Legal Framework

GOVERNMENT OF JAPAN-US ➢Among JAXA-NASA joint activities, large space CROSS WAIVER AGREEMENT activities (such as joint R&D of flight payloads) are undertaken pursuant to the JAPAN-US CROSS ANNEX: LIST OF JOINT ACTIVITIES WAIVER AGREEMENT*.

GOVERNMENT OF JAPAN-US ➢C/W AGREEMENT specifies cross-waiver of EN EN for EN EN for liability on damages arising out of “Protected concerning revision of concerning revision of the A Annex of the B Annex of Space Operations”. cooperation C/W cooperation C/W Agreement Agreement ➢In order to specify other conditions of the individual joint activities, both Governments JAXA-NASA JAXA-NASA MOU for A MOU for B conclude other two Exchange of Notes (ENs): cooperation cooperation ⚫ ENs concerning the cooperation on each joint

Diet Approval Treaty activity Administrative Arrangement ⚫ ENs for revision of Annex of C/W Agreement Implementing Arrangement

*”Agreement between the Government of Japan and the Government of the United States of America concerning Cross-Waiver of Liability for Cooperation in the 6 Exploration and Use of Space for Peaceful Purposes” , signed on 20 July 1995, as amended. Administrative Arrangements

• In accordance with Article 73, Clause 2 of the Constitution (“Manage foreign affairs”), the Government is authorized to conclude international agreements which can be implemented within the scope of treaties or national laws already approved by the Diet or within the limits of the Diet-approved budgets. → International agreements which the Cabinet conclude within the limits of its authority = Administrative Arrangements

7 3. XRISM Project 3.1 Mission Overview

Recovery mission of the ASTRO-H. Pioneering new horizon of the Universe with unprecedented high resolution X-ray spectroscopy

◼ Science Objectives 1. Structure formation of the Universe and evolution of clusters of galaxies 2. Circulation history of baryonic matters in the Universe 3. Transport and circulation of energy in the Universe 4. New science with unprecedented high resolution X-ray spectroscopy Launch: FY2021

◼ JAXA – NASA Cooperation - NASA will development of Resolve (Soft X-ray Spectroscopy) detector system and many of its subsystems together with the X-Ray Mirror Assembles. - NASA also has responsibility for the Science Data Center charter to develop the analysis software for all instruments, the data process in pipeline as well as to support Guest Observers and the XRISM Guest Observer program. 8 3. XRISM Project 3.2 Signing Ceremony (JAXA-NASA MOU)

9 3. XRISM Project 3.3 EN concerning the XRISM Project

Overview - C/W Agreement is applicable - The project shall be conducted in accordance with JAXA-NASA MOU - The project shall be conducted in accordance with laws and regulations in each country and subject to the availability of appropriated funds - GOJ will register the XRISM satellite in accordance with Registration Convention - NASA and JAXA shall consult with each other, but if the matter cannot be resolved, consultations shall be held through diplomatic channels - remain in force for eleven years unless terminated upon six months’ written notice 10 3. XRISM Project 3.4 EN for revision of Annex of C/W Agreement

Addition of joint activities between Japanese and US entities 11 4. Advantage of this legal framework

• In the case of long-term projects with huge costs and unpredictable R&D risks, there may be some risks of cancelation of project, owing to domestic political change, budgetary problems, technical difficulties, and so on.

• In such cases, consultation mechanisms through diplomatic channel determined in ENs may effectively work with a view to finding a mutually acceptable solution.

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