[Code of Federal Regulations]

[Title 15, Volume 3]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 15CFR960.8]



[Page 299]

 

                  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.