[Code of Federal Regulations]
[Title 15, Volume 3]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR960.8]

[Page 300]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
CHAPTER IX--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT 
                               OF COMMERCE
 
PART 960_LICENSING OF PRIVATE REMOTE SENSING SYSTEMS--Table of Contents
 
                           Subpart B_Licenses
 
Sec. 960.8  Notification of foreign agreements.

    Pursuant to the Act, the 1998 Commercial Space Act and licenses 
issued under this part, licensees must notify the Assistant 
Administrator of any significant or substantial agreement that they 
intend to enter into with any foreign nation, entity, or consortium, not 
later than sixty (60) days prior to concluding the agreement.
    (a) Upon notification by a licensee, pursuant to Sec. 960.11(b)(5), 
the Assistant Administrator shall initiate review of the proposed 
agreement in light of the national security interests, foreign policy 
and international obligations of the U.S. Government.
    (b) The Assistant Administrator, in consultation with other 
appropriate agencies, will review the proposed foreign agreement. As 
part of this review, the Assistant Administrator will ensure that the 
proposed foreign agreement contains the appropriate provisions to ensure 
compliance with all requirements concerning national security interests, 
foreign policy and international obligations under the Act or the 
licensee's ability to comply with the Act, these regulations and the 
terms of the license, are appropriately accommodated in the proposed 
agreement. These requirements include:
    (1) The ability to implement, as appropriate, restrictions on the 
foreign party's acquisition and dissemination of imagery as imposed by 
the license or by the Secretary of Commerce;
    (2) The obligations of the licensee to provide access to data for 
the Archive; and
    (3) The obligations of the licensee to convey to the foreign party 
the license's reporting and recordkeeping requirements and to facilitate 
any monitoring and compliance activities identified in the license.
    (c) Within thirty (30) days of receipt of the proposed agreement, 
other agencies reviewing the agreement will notify the Assistant 
Administrator that the proposed agreement sufficiently addresses the 
requirements in paragraph (b) of this section or identify what changes 
will need to be made to the agreement to meet these requirements.
    (d)(1) Within sixty (60) days of notification by the licensee, if 
the Assistant Administrator determines that a proposed agreement will 
impair his or her ability to enforce the Act, or the licensee's ability 
to comply with the Act, these regulations, or the terms or conditions of 
the license, the licensee will be notified which terms and conditions of 
the license are affected and, specifically, how the agreement impairs 
their enforcement.
    (2) The proposed agreement may not be implemented by the licensee 
until the licensee has been advised by the Assistant Administrator that 
the provisions of the proposed agreement are acceptable.
    (e) Following approval of the agreement, if the factual 
circumstances surrounding this transaction change, the licensee must 
notify NOAA within twenty-one (21) days of the change. The licensee's 
failure to notify NOAA in a timely manner may result in penalties for 
noncompliance being levied, pursuant to Section 203(a)(3) of the Act.
    (f) A licensee seeking to enter into a foreign agreement that would 
require the modification of the terms of an existing license shall also 
submit a license amendment request and the proposed foreign agreement 
shall be considered in the context of the amendment review process.