The Governments of the Grand Duchy of Luxembourg (“Luxembourg”) and the United States of America (“United States”) (hereinafter collectively referred to as “the Participants”), herewith declare as follows:
Recognizing that it is in the national interests of the Participants, individually and collectively, to contribute to the peaceful exploration and sustainable utilization of Space.
Recognizing that the Participants share many of the same and common objectives, goals and purposes in connection with the exploration, research, development, and use of Space, including but not limited to:
Developing safe and peaceful methods and means for travel, communication, operation and use in Space, in order to avoid, where possible, unintended consequences, unnecessary conflicts, and avoidable risks and dangers for the protection of the Participants and others; and,
Facilitating communication, cooperation, research, and development among the Participants as well as other public and private entities for the promotion and the advancement of common goals, missions and objectives related to space in compliance with existing international law and the Participants’ respective laws, regulations, and limitations.
Recognizing further that such exploration and use of Space may lead to:
New and valuable scientific information, technologies, innovations, discoveries and knowledge with far reaching applications and uses;
Development and utilization of valuable commercial and private applications that can materially advance the wellbeing, safety, and life of all mankind;
Stability, guidance and direction for the continued exploration, development, and use of Space utilizing the best principles, tools, and guidance available to avoid unintended consequences or developments from Space;
Developing principles and frameworks to permit the exploration and use of Space in stable, predictable, and reliable ways capable of sustaining continued growth for commercial and societal purposes;
Developing and utilizing valuable resources in space, consistent with international law;
Addressing threats, risks, dangers, and issues arising out of Space; and,
Identifying and utilizing opportunities from Space for the benefit of all mankind.
Wishing to begin a more formal exchange of information and dialogue as well as committed cooperation and collaboration for these purposes, including but not limited to, the facilitation of research, exploration, development, and use of Space, not only by the Participants, but also by private entities and other government entities in accordance and consistent with international law, the laws of the Participants, and such other laws, limitations or restrictions as the Participants may mutually decide;
Desiring further that this initial exchange of information and dialogue as well as cooperation and collaboration may lead to the identification of suitable and acceptable projects of common interest that could be supported and developed by the Participants through specific arrangements, including but not limited to (in no particular order):
– Commerce;
– Transportation;
– Civil Space Exploration;
– Research & Development;
– Science
– Earth Observation
– Space Situational Awareness;
– Common security aspects;
– Space resources exploration, exploitation and utilization;
– Regulatory and Legal Infrastructure applicable to Space;
– Communication;
and such other purposes as the Participants may identify.
The Participants intend to memorialize future cooperation pursuant to this MOU in implementing arrangements, agreements, or other documents as appropriate and mutually decided.
Having reached these mutual understandings as set forth hereinabove, the Participants intend for their respective departments and ministries to take the following actions in furtherance of them without prejudice to the Participants to pursue similar actions, fully or partially, individually, collectively, or with others, as follows:
Policy
The Participants intend to name designees to hold a regular dialogue to exchange information and collaborate on advancing an agenda and timetable for the pursuit of the topics and issues as outlined herein, with the first topic to be explored to include an international framework for activities of exploration, utilization and exploitation of space resources.
Toward this end, and when appropriate, each Participant side may invite representatives from relevant ministries, private industry, academia and other stakeholders of the respective countries subject to adequate notice and approval by the other Participant.
The exchange of information and views mentioned hereinabove may cover other issues arising in connection with the exploration and commercial utilization of Space resources.
Commerce
The Participants intend to name designees to collaborate on opportunities that facilitate new investment in private sector space companies, develop and protect new technologies, stimulate and protect research and development in the Space sector, and leverage government financing vehicles to increase new investments in Space.
To this end, each side also intends to work with its private industry associations and other stakeholders to create meaningful opportunities over the course of this MOU for shared visions, enhanced communications, expanded networking, and collective approaches for the use of Space.
Security
Within the framework of Chapter VI and Chapter VII of the United Nations Charter and within the framework of the North Atlantic Treaty, the Participants intend to work together to share, as authorized and appropriate, Space-related information and concepts so that future cooperation activities in this area can be built on a foundation of transparency, confidence, and a shared vision to satisfy common national interests.
Space Exploration
The National Aeronautics and Space Administration of the United States of America and the Luxembourg Space Agency of the Grand Duchy of Luxembourg intend to name points of contact for purposes of exchanging information about prospective collaboration in civil space activities related to human and robotic exploration, space and Earth science, and space technology.
In particular, these points of contact are intended to serve to facilitate dialogue to enable human and robotic space exploration, including missions beyond low-Earth orbit to the Moon for long-term exploration and utilization, and to Mars and other destinations.
General Provisions
Notwithstanding any provision to the contrary, either Participant may, in its sole discretion, condition the transmittal of information it deems confidential (“Confidential Information”) on the negotiation and agreement by the Participants to a separate agreement protecting its Confidential Information, including but not limited to nondisclosure agreements, confidentiality clauses, proprietary information protections or any other provisions it deems in its sole discretion to be necessary to protect its Confidential Information.
Cooperation under this MOU is expected to be conducted in accordance with the applicable laws, rules, regulations and national policies of the Participants.
This MOU does not create any legally binding obligations. Instead, this MOU offers a platform from which the Participants can move forward together on collaborations and projects in Space.
Either Participant to this MOU may propose modifications to it, which may become effective when mutually decided.
The Participants intend to cooperate together in advance on the public release of information that relates to activities under this MOU;
Activities under this MOU may commence on the date of signature and continue for five (5) years following the date of signature. This MOU may be extended or revised by the Participants upon their written decision. As reflected hereinabove, it may also be discontinued before the end of the initial period by one of the Participants. The discontinuing Participant should endeavor to provide a written notification of discontinuation to the other Participant sixty (60) days prior to discontinuing cooperation under this MOU.
This MOU is intended to be executed with two (2) copies in English.
Any practical questions arising in connection with activities carried on pursuant to this MOU are intended to be resolved by the Participants in their sole discretion.
The Grand Duchy of Luxembourg and the United States of America, by and through their duly authorized representatives, do hereby affix their signatures in Luxembourg on the 10th of May, 2019 as reflected herein below:
For the
Grand Duchy of Luxembourg
________________________
by Étienne Schneider Deputy Prime Minister,
Minister of the Economy,
Grand Duchy of Luxembourg
>For the United States of America
________________________
by Wilbur Ross
Secretary of Commerce,
United States of America