VZCZCXRO6426
RR RUEHSK
DE RUEHC #5545/01 1492259
ZNR UUUUU ZZH
R 292244Z MAY 09
FM SECSTATE WASHDC
TO RUEHUNV/USMISSION UNVIE VIENNA 4996
INFO DISARMAMENT CONFERENCE COLLECTIVE
RUEHRL/AMEMBASSY BERLIN 1497
RUEHBR/AMEMBASSY BRASILIA 2997
RUEHBS/AMEMBASSY BRUSSELS 3925
RUEHBU/AMEMBASSY BUENOS AIRES 6749
RUEHLO/AMEMBASSY LONDON 4493
RUEHMO/AMEMBASSY MOSCOW 0714
RUEHOT/AMEMBASSY OTTAWA 5259
RUEHFR/AMEMBASSY PARIS 4657
RUEHRO/AMEMBASSY ROME 0919
RUEHSG/AMEMBASSY SANTIAGO 0860
RUEHKO/AMEMBASSY TOKYO 9172
RUCNDT/USMISSION USUN NEW YORK 6322
RUEHGV/USMISSION GENEVA 7287

UNCLAS SECTION 01 OF 06 STATE 055545 
 
SENSITIVE 
SIPDIS 
GENEVA FOR CD DELEGATION 
 
E.O. 12958: N/A 
TAGS: TSPA UNPUOS UNGA PARM
SUBJECT: COPUOS: GUIDANCE FOR 52ND SESSION OF UN COMMITTEE 
ON THE PEACEFUL USES OF OUTER SPACE, JUNE 3-12, 2009 
 
REF: A. STATE 11917 
     ¶B. STATE 28279 
     ¶C. UNVIE 103 
     ¶D. UNVIE 225 
     ¶E. STATE 12948 
     ¶F. MOSCOW 556 
     ¶G. STATE 2007 
 
¶1. Following is guidance for the 52nd session of the UN 
Committee on the Peaceful Uses of Outer Space (COPUOS).  This 
guidance will focus on matters that require specific action 
by the Committee.  USDEL should draw on detailed guidance in 
ref A (Scientific and Technical Subcommittee) and ref B 
(Legal Subcommittee) for other issues relating to the work of 
the subcommittees. 
 
¶2. General Overview: The 2009 sessions of the Scientific and 
Technical and Legal Subcommittees were successful from the 
U.S. perspective.  The U.S. has made progress in reaching 
agreement on vital UN reforms giving us the opportunity to 
provide solid leadership on a range of issues in the UN 
system.  U.S. activity in space, both governmental and 
commercial, is governed by international and domestic laws 
and regulations, which have contributed to the orderly use of 
space by all nations.  As interest in and use of space 
increases, we must participate actively in shaping the space 
legal and regulatory environment.  This is as true for COPUOS 
and its subcommittees as any other UN body.  Additionally, we 
are well positioned because of the results of Unispace III 
that reflect, for the most part, more achievable 
recommendations than previous Unispace reports and support a 
number of USG priorities in international space cooperation. 
COPUOS members will continue to draw upon the July 19-30, 
1999  Unispace III report and the recent report to the UNGA 
on progress achieved in implementing the recommendations of 
Unispace III (a/59/174) in formulating proposals for new 
agenda items and other COPUOS-sponsored activities. USDEL 
should take advantage of opportunities to show linkage 
between USG space activities and themes in these reports. 
 
¶3. Collision of Iridium 33 and Cosmos 2215 satellites: 
 
Refs C, D, E and F contain information concerning the 
collision of Iridium 33 and Russia's Cosmos 2251 satellites, 
notifications provided by USDELs at the STSC and LSC, and 
subsequent exchanges of information with the Russian 
Federation. At this session, USDEL will provide an update on 
the debris field resulting from the collision and Brigadier 
General Susan Helms, Director, Plans and Policy, J-5, United 
States Strategic Command, will present a briefing on the 
Iridium-COSMOS satellite collision.   In addition, USDEL may 
use the following points as necessary: 
 
--The incident highlights the limitations of and risk 
inherent in the current practices and capabilities of 
satellite operators and the space surveillance community. 
 
--However, the incident illustrates the risks arising from 
the increasing number of objects in space and the critical 
need to minimize space debris. 
 
--The incident also highlights the critical need to minimize 
space debris. 
 
--In addition, this incident serves as a reminder of the 
importance of the long-standing principle of cooperation and 
mutual assistance in the exploration and use of outer space. 
 
--This incident also can serve as an impetus to increase 
bilateral and multilateral Transparency and Confidence 
Building Measures (TCBMs) relating to space activities. 
 
 
STATE 00055545  002 OF 006 
 
 
--The U.S. is currently improving our space situational 
awareness by increasing our capability to conduct analysis on 
the 800 active maneuvering satellites. 
 
--The USDEL may describe other ways the USG is working to 
improve U.S. space situational awareness capabilities drawing 
upon relevant interagency-cleared statements, as appropriate. 
 
-- The U.S. has already received technical information from 
Russia on this event, which served as a useful contribution 
to the U.S. review. 
 
-- The U.S. also intends to engage with government and 
private sector satellite operators to increase cooperation 
and information sharing. 
 
-- The U.S. continues to support discussions on pragmatic 
proposals to ensure the long-term sustainability of the space 
environment. 
 
¶4. Arms Control:  The issue of space arms control may be a 
major issue given the new U.S. Administration.  If this 
occurs, USDEL should stress that COPUOS is concerned 
exclusively with international cooperation in the peaceful 
uses of outer space, as indicated by its title.  The first 
committee of the UNGA (Disarmament and International 
Security) and the CD would be the more appropriate 
multilateral fora to discuss arms control matters related to 
outer space.  Our objective in COPUOS and its subcommittees 
is to underscore the unprecedented international space 
cooperation now underway and reinforce opposition to calls in 
the CD for arms control negotiations on outer space.  USDEL 
may draw on the following: 
 
-- There is unprecedented international cooperation in space. 
 
-- The lawful national security uses of space have broad 
benefits for the international community and enhance 
international peace and security.  Examples include treaty 
compliance/ monitoring, communications, environmental 
monitoring, GPS, refugee tracking, counterterrorism, and 
sanctions enforcement. 
 
-- If the USDEL is pressed about the Administration's 
statement on the White House Defense web site regarding a 
worldwide ban on weapons that interfere with military and 
commercial satellites (see note below for exact statement), 
the USDEL should state that the Obama administration is 
conducting a comprehensive review of national space policies 
(NOTE- The statement is not/not on an updated version of the 
White House site).  If further pressed regarding continuity 
in U.S. space policy, USDEL may also note that: 
 
--- it is a part of long-standing U.S. space policy that the 
United States will maintain and strengthen the established 
principle of free access to, and use of, outer space for 
peaceful purposes by all nations in support of legitimate 
economic and security interests. 
 
--- as space becomes an increasingly congested and complex 
domain, the U.S. intends to take an active leadership role in 
identifying and implementing cooperative efforts with 
established and emerging members of the international 
space-faring community to ensure the safety of the space 
assets of all nations. 
 
--- building upon recent progress at the United Nations on 
international guidelines for orbital debris mitigation, the 
United States intends to sustain its global leadership in 
spaceflight safety and in the formulation of practical 
guidelines to preserve the space environment for future 
generations.  (NOTE: From January 20, 2009 to approximately 
April 29, 2009, the statement at 
http://www.whitehouse.gov/agenda/defense previously read: 
"build defense capabilities for the 21st century; ensure 
freedom of space: the Obama-Biden administration will restore 
American leadership on space issues, seeking a worldwide ban 
 
STATE 00055545  003 OF 006 
 
 
on weapons that interfere with military and commercial 
satellites.  They will thoroughly assess possible threats to 
U.S. space assets and the best options, military and 
diplomatic, for countering them, establishing contingency 
plans to ensure that U.S. forces can maintain or duplicate 
access to information from space assets and accelerating 
programs to harden U.S. satellites against attack." As of 
April 30, 2009, the "defense issues" page at 
http://www.whitehouse.gov/issues/defense/ reads: "the full 
spectrum of U.S. military capabilities depends on our space 
systems. To maintain our technological edge and protect 
assets in this domain, we will continue to invest in 
next-generation capabilities such as operationally responsive 
space and global positioning systems. We will cooperate with 
our allies and the private sector to identify and protect 
against intentional and unintentional threats to U.S. and 
allied space capabilities.") 
 
¶5. Outer space "Code of Conduct":  The issue of proposals for 
an outer space "Code of Conduct" will probably not be a major 
issue, but some delegations may seek clarification of the new 
administration's position. These requests for clarification 
may note a drafting project for a "Code of Conduct for Outer 
Space Activities" that was endorsed in December 2008 by the 
council of the European Union (ref G).   If raised, the USDEL 
may draw upon the following points as necessary: 
 
-- The United States intends to play a leading role in 
advancing transparency and confidence building measures 
(TCBMs) relating to space activities.  Such TCBMs can help 
increase transparency regarding governmental space policies, 
strategies and potentially hazardous activities. This can 
help to reduce uncertainty over intentions and decrease the 
risk of misinterpretation or miscalculation in a crisis. 
 
-- In this regard, the administration intends to continue to 
work closely with our friends and allies in Europe and 
elsewhere to develop voluntary TCBMs that all space-faring 
nations can support and actively participate in for the 
benefit of all nations. 
 
-- Any international effort to develop TCBMs should 
complement, and not unnecessarily duplicate, the work of the 
COPUOS. 
 
-- It is important that the United States work closely with 
its allies to implement the diplomatic or military measures 
that may be necessary both to ensure the continued operation 
(and responsible use) of military, intelligence, civil, and 
commercial satellites and to respond appropriately if these 
satellites are targeted in a hostile manner. 
 
¶6.   Military Space Activities: The nature and conduct of 
U.S. military space activities will probably not be a major 
issue. However, some delegations may raise various U.S. 
military activities as a tactical device to undercut U.S. 
efforts to promote general and universal principles for 
spaceflight safety.  If raised, USDEL may draw on following 
points, as necessary: 
 
--  The lawful military uses of space have broad benefits for 
the international community and enhance international peace 
and security.  Some examples include treaty 
compliance/monitoring, communications, environmental 
monitoring, GPS, refugee tracking, counterterrorism, and 
sanctions enforcement. 
 
-- The United States is committed to the principle that all 
spaceflight operations should be conducted in a safe and 
responsible manner that protects humans in space as well as 
robotic space systems and their mission. 
 
-- To maintain our technological edge and protect assets in 
the space domain, we will continue to invest in 
next-generation capabilities such as operationally responsive 
space and global positioning systems. We will cooperate with 
our allies and the private sector to identify and protect 
 
STATE 00055545  004 OF 006 
 
 
against intentional and unintentional threats to U.S. and 
allied space capabilities. 
 
 --- (if asked) the U.S. commitment to safety and 
transparency was exhibited in last year's engagement of the 
disabled USA-193 satellite. 
 
¶7.  Report of the Legal Subcommittee:  Ref B contains 
additional guidance. The 2009 session of the LSC produced 
some useful results and was notable for a number of positive 
developments that bode well future USG interests.  Among 
these were (1) the absence of any sustained effort to 
introduce matters concerning space arms control; (2) the 
participation of governmental and non-governmental legal 
experts; and (3) the substantive discussion of national 
mechanisms for orbital debris mitigation and national 
legislation relevant to the peaceful use of outer space. 
¶8. Space Based Geospatial Data for Sustainable Development: 
For several years, Brazil had sought to revisit the 1986 
principles on remote sensing from space in the Legal 
Subcommittee. During the 2006 session of the LSC, Brazil 
instead proposed that the Subcommittee consider the question 
of cooperation in promoting the use of geospatial data for 
sustainable development.  The Committee agreed to a multiyear 
work plan for a new item entitled "International Cooperation 
in Promoting the Use of Space-Derived Geospatial Data for 
Sustainable Development.   This is the last year of the work 
plan. At this session the committee will review the use of 
geospatial data within the UN system and consider ways to 
foster international cooperation to build up national use of 
space-derived geospatial data for sustainable development. 
¶9.   Best Practices for Safe Space Operations:  At the 50th 
Session of the full COPUOS, Chairman Brachet presented a 
comprehensive assessment of the future activities of COPUOS 
entitled, "Future Roles and Activities of the Committee on 
the Peaceful Uses of Outer Space."  Brachet believes that 
COPUOS needs to play a role in shaping the international 
standards for space activities and in promoting international 
cooperation in areas such as research, applications, 
operations, and exploration.  He believes that COPUOS should 
also look at the longer term issues facing the future 
peaceful uses of outer space and identify where the committee 
can best contribute to the sustainability of space activities 
and to their future progress for the benefit of all. 
 
¶10.  Long-Term Sustainability of Space Activities: Chairman 
Brachet's assessment of the sustainability of space 
activities specifically noted the excellent work done by the 
STSC in the development of voluntary debris mitigation 
guidelines.  The assessment noted the larger numbers of space 
actors and suggested that it is imperative to agree on "Rules 
of the Road" to avoid interference, collisions, and other 
mishaps, particularly by newcomers to space operations. 
Brachet is not suggesting that there is a need to modify the 
present treaty regime, but rather to develop recommendations 
to deal with the new realities of space operations.  To 
further this concept, the government of France hosted an 
informal consultation group that met twice in 2008 and once 
in 2009 to produce, in collaboration with relevant 
intergovernmental organizations and representatives of the 
private sector, a technical assessment of the situation and 
potential future work in this area for COPUOS.  The United 
States participated in all the meetings of the informal 
consultations and is a member of the drafting group 
established through these consultations to document the 
results. The consultations included a cross-section of COPUOS 
member states, international organizations, and commercial 
space operators.  Those participating in the meetings agreed 
to continue the exchange of relevant views on this subject 
with the objective of drafting an outline document that could 
guide further work in this area by the STSC, no earlier than 
¶2010.  Brachet intends to have a fourth meeting of the 
informal working group to review the draft report. 
 
 At the last session of the STSC, France introduced a 
proposal to add to the agenda of the Subcommittee an item, to 
be considered under a multi-year work plan, entitled &Long 
 
STATE 00055545  005 OF 006 
 
 
Term Sustainability of Space Activities.8  Although it was 
not possible to reach consensus at that time, the 
Subcommittee agreed that the topic was important and that the 
proposal would be submitted for a decision by the committee 
at this session pending results of informal consultations 
among member states. The proposal as drafted is acceptable to 
the United States and the USDEL should join consensus. 
 
In the course of considering the French proposal, the USDEL 
should make the following points to ensure that the future 
work of the informal consultations and any proposal to the 
STSC is properly framed. 
 
(a)   Future work should address best practices associated 
with space operations, procedures, and policies from 
pre-launch through end-of-life activities (NOTE: These 
efforts should take into account, but not duplicate or 
reopen, the activities and recommendations being undertaken 
in the STSC working group on Nuclear Power Sources in space 
and the work of the STSC and IADC on orbital debris 
mitigation.). 
 
(b)   The future work should involve input from state 
members, space-faring nation representatives, commercial 
space operators and providers on their best practices 
associated with safe space operations, procedures, and 
policies. 
 
(c)   Future work could include the preparation of a 
consolidated list of best practices associated with safe 
space operations. 
 
(d)   For Future Reference: In the event that it is agreed at 
a future COPUOS that the STSC would develop voluntary safe 
space operation guidelines, those guidelines should: 
 
(i)   be no more stringent than the associated existing USG 
policies, principles, procedures, regulations, standard 
practices, and guidelines; 
 
(ii)   remain voluntary for every state responsible for space 
activities and not be legally binding under international law; 
 
(iii)   not provide specific or additional penalties for 
failing to follow the guidelines, beyond those already 
provided under international law; 
 
(iv)   ensure that each proposed guideline maintains or 
improves the safety of spaceflight operations and protects 
the space environment without imposing unacceptable or 
unreasonable costs; and 
 
(v)   be consistent with the activities and recommendations 
of the STSC working group on Nuclear Power Sources in space, 
the work and recommendations of the IADC and the STSC 
concerning orbital debris mitigation and the COPUOS 
guidelines on orbital debris mitigation. 
 
(e)   any work of the STSC would not address the current 
outer space legal regime or any legal questions/issues.  The 
USG position remains that: 
 
(i)   The 1967 Outer Space Treaty, 1968 Rescue and Return 
Agreement, the 1972 Liability Convention, and the 1975 
Registration Convention should be adopted and fully adhered 
to by all nations; 
 
(ii)   the principles established in these agreements have 
stood the test of time because they created the fundamental 
guidelines required for the free access to, and use of, outer 
space for peaceful purposes; and, 
 
(iii)   these agreements form the legal basis for all outer 
space operations. 
 
¶11.  For Future Consideration: The International Civil 
Aviation Organization (ICAO), International 
 
STATE 00055545  006 OF 006 
 
 
Telecommunications Union (ITU), European Space Agency (ESA), 
and European Organization for the exploitation of 
meteorological satellites (EUMETSAT), Consultative Committee 
for Space Data Systems (CCSDS), and International 
organization for standardization (ISO) could be invited to 
send experts with relevant expertise in space operations to 
participate as observers in the informal consultations and 
future work of the STSC. 
 
(a)   An invitation to the ITU could emphasize the 
intergovernmental organization's possible contributions in 
providing information concerning the ITU's processes for 
coordinating use by geostationary satellites of radio 
frequencies and associated orbital locations. 
 
(b)  Invitations to ESA and EUMETSAT should note their 
respective roles as leading international intergovernmental 
organizations that have declared acceptance of rights and 
obligations under the liability agreement and the 
registration convention. They are both permanent observers in 
COPUOS. 
 
(c) Invitations to CCSDS and ISO should not these 
organizations, activities in the development of common 
standards for space operations and data exchange. 
 
¶12.  Freedom of Action in Outer Space:  The USG will oppose 
attempts at COPUOS to limit USG freedom of action in outer 
space and or to establish general prohibitions on legitimate 
U.S. peaceful space activities conducted in pursuit of 
national interests. 
 
¶13.  Space Object Tracking:  The USG intends to continue to 
voluntarily offer its unclassified space object tracking 
data, free of charge, to nations as well as commercial 
operators and civil society. 
 
14,  Finally, the U.S. Delegation reaffirms that the United 
States; 
 
--   remains open about the basic principles of its national 
space policies; 
 
--  reaffirms its commitment to the principle of free access 
to and use of space by all/all nations for peaceful purposes; 
 
--   continues to seek international cooperation with other 
nations in the peaceful uses of outer space; 
 
--   remains ready to work with other nations to extend the 
benefits of space, to enhance space exploration, and to use 
space to protect and promote freedom around the world; 
and, 
 
--   requests that other nations demonstrate similar 
transparency regarding their own space policies, procedures, 
activities and intentions in outer space. 
CLINTON