Formichella & Sritawat
December 2024
The draft Space Activities Act (Draft Act) is a comprehensive national space law that regulates space affairs and activities supporting its space sector. These include the registration of space objects and the management of aid with accidents in space.
However, fragments of rules and laws administered by various Thai government agencies touch upon such matters. The most significant is the Geo-Informatics and Space Technology Development Agency (GISTD), a government agency that the Cabinet of Thailand (the Cabinet) has assigned to manage space affairs and activities. Nevertheless, the GISTDA does not oversee or set up centralized, comprehensive policies and regulations.
Thailand has a space presence with its satellites for telecommunications and the exploration of natural resources. Various agencies have been (or will be) set up responsible for satellite-related affairs, such as the GISTDA, the National Space Policy Committee (NSPC), and the National Broadcasting and Telecommunications Commission (NBTC). Concerning the NBTC’s active role in space affairs, see Thailand’s Telecommunications Business Act and Foreign Satellite Services in Thailand
About the space-related business market in Thailand, a GISTDA report published in April 2023 prescribes that in recent years, Thailand has shown a heightened interest and increased attention to the development of space technology and robotics. This surge of interest places Thailand in a potentially influential position among emerging space nations. The nation’s space-related industry, making up over 35,600 businesses, makes a substantial economic contribution, generating approximately 56,122 million Baht annually. Recognizing the strategic significance of space technology and the burgeoning space sector, the Thai government has formally chosen it as one of Thailand’s top ten New S-Curve industries, underscoring its pivotal role in future economic growth.
Furthermore, the government wants to encourage investments in the aerospace industry, particularly in the Eastern Economic Corridor (EEC). This shows its commitment to fostering space-related economic growth.
I LEGAL, REGULATORY AND POLICY FRAMEWORK
Thailand is a party to multilateral and bilateral treaties that promote cooperation on space matters.
1. Multilateral treaties:
- UN Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies 1967 (Outer Space Treaty)
Currently, GISTDA is advocating for the enactment of the Draft Act, aiming to enable Thailand to take part as a signatory to the Outer Space Treaty and to have the necessary mechanisms to follow the treaty’s requirements and - UN Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space 1968 (Rescue Agreement).
Thailand is currently a party to the Rescue Agreement. However, Thailand still needs to have legislation in place to support the provisions outlined in this agreement. Furthermore, no official agency handles such matters within the country. The fact that no agency oversees such issues highlights the necessity of enacting legislation to regulate space activities within Thailand, ensuring clarity on the accountable agency and procedures in emergencies. The lack of a comprehensive space law is critical given the increasing number of space objects and the potential for associated emergencies.
2. Bilateral treaties: - Agreement between the Government of the French Republic and the Government of the Kingdom of Thailand Concerning Cooperation in the Field of Space Technologies and their Applications 2000;
- Agreement between the Government of the Kingdom of Thailand and the Government of the Republic of India on Cooperation in the Exploration and Use of Outer Space for Peaceful Purposes 2002; and
- Memorandum of Understanding between the Ministry of Science and Technology of the Kingdom of Thailand and the Russian Federation and Space Agency on Cooperation in the Field of Space Technologies and their Application.
The Draft Act’s primary purpose is to set up a framework that enables Thailand to effectively engage in space technology cooperation and international space activities in compliance with established regulations, policies, and national space plans. Additionally, it aims to create mechanisms for conducting space activities that align with the obligations outlined in international treaties and agreements. At the same time, Thailand transitions towards becoming a full-fledged party to these agreements.
II REGULATION IN PRACTICE
With the implementation of the Draft Act and its accompanying regulations, more specifications concerning these licenses will be detailed. Furthermore, the Draft Act briefly outlines that individuals or juristic entities engaged in space-related activities must apply for a space or space-related activity license. This requirement extends to space activities conducted before the Draft Act comes into effect.
In addition, in Thailand, satellite services are the only space affair-related matter that needs approval when space or space-related activities are not required. The NBTC is the regulatory body responsible for overseeing, monitoring, and authorizing satellite operations. Most satellite operations in Thailand involve satellite communication services using foreign satellite transponders.
The NBTC Notification on Rules and Licensing Processes to Use Foreign Satellite Channels to Provide Services in Thailand, known as the “Foreign Satellite Notification,” mandates that operators looking to use foreign satellite transponders to offer services within Thailand must obtain “Foreign Satellite Approval” from the NBTC. Additionally, operators must set up a local gateway or uplink station within Thailand to ensure the seamless provision of these services.
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As of October 2023, the foundational licensing structure for foreign satellite services in Thailand comprises (i) Foreign Satellite Approval, (ii) Type 3 Telecommunications Business Licenses for satellite-related services, (iii) Licenses for radio communication stations and the use of frequencies, and (iv) Approvals for obtaining, using, trading, importing, and installing telecommunications equipment (see https://fosrlaw.com/foreign-satellite-services-in-thailand/). For a broader view of the telecommunications and media in Thailand, see https://fosrlaw.com/thailand-telecoms-media/
III DISTINCTIVE CHARACTERISTICS OF THE NATIONAL FRAMEWORK
This Draft Act aims to systematically tackle the abovementioned issues and provide a structured framework for implementing space-related regulations in Thailand.
- Definitions
a.’ Space affairs’ are defined as space and space-related activities, whether performed in space, in air space, on the Earth, or under the Earth. However, under the Draft Act, ‘space affairs’ do not include space-related activity explicitly prescribed in other laws and regulations.
b.’Space activity’ is defined as exploring, experimenting, or carrying out other space activities, including delivering objects, humans, and living things to space. ‘Space activity’ also includes performing essential activities to deliver, orbit, and return space objects to Earth (e.g., providing transmission station services, landing services, design and production services, space travel services, or services as further prescribed by the NSA). However, under the Draft Act, ‘space activity’ does not include space activity explicitly prescribed in other laws and regulations.
c.’Space-related activity’ is defined as designing or producing space objects; learning, reviewing, researching, or developing space-related technology or geomatics; inventing equipment related to satellites and telemedicine; and any other space-related activities specified by the NSA. However, under the Draft Act, ‘space-related activity’ does not include space-related activities explicitly prescribed in other laws and regulations.
d.’Space object’ is defined as both a device that can send an object to space and such object in space. Such objects include Earth observation satellites, space observation satellites, global positioning satellites, telecommunications satellites, meteorological satellites, surveillance and alarm satellites, research satellites, spaceships and space stations (including their parts), and vehicles utilized for dispatching such objects to space.
- Regulators
As mentioned in Section I, the Draft Act will set up two government agencies: the National Space Policy (NSPC) and the National Space Agency (NSA).
The NSPC will have the following primary duties:
- prepare and propose policies and plans on space affairs to the Cabinet.
- evaluate performance results according to policy and plans for space affairs.
- cooperate in preparing programs and projects in the public and private sectors to increase Thailand’s economic competitiveness in the space industry.
- support, subsidize, and advise public and private agencies to use new space technology to develop Thailand’s economy.
- appoint the director of the NSA.
- follow up on and evaluate the operation of government agencies relating to space affairs.
- propose the amendment of laws and regulations on the development of space affairs to the Cabinet.
- publish regulations, rules, and announcements under the Draft Act; and
- perform any duties specified by the Draft Act or assigned by the Cabinet.
The NSA will have the following main goals: - prepare draft policy and plans for space affairs to propose to the NSPC.
- follow up and inspect operations acting per policy and plan for the space affairs of government agencies and report to the NSPC.
- support, regulate, and develop space affairs regarding stability, the economy, natural conservation, education, and any performance related to space affairs.
- support and promote space research, space exploration, and basic infrastructure in the space industry, including developing personnel skills in space technology.
- support and promote investment in the space industry.
- research, develop, and perform any action related to space policy and planning; and
- cooperate with the operation of space affairs both in and outside Thailand.
- Space affairs
The Draft Act states that the NSPC will have the authority to create and enforce the following obligations about space affairs:
- regulate the space sector, including quality of service, competition, and consumer protection.
- prescribe rates for government fees and service fees.
- specify space standards related to security, facilities, and the environment.
- prescribe security standards for space personnel, space affairs training, production and maintenance of space objects, stations and facilities in space affairs and space traffic.
- prevent harm to and unlawful intervention in space affairs.
- examine, investigate, or inspect a space object, equipment, and personnel.
- ensure that information and technology are transmitted securely, including equipment related to space affairs; and
- prescribe procedures and prohibitions relating to space affairs.
In addition, if an international organization or another national government agency has already prescribed regulations and procedures essential to the operation of space affairs, the NSPC can apply such regulations and procedures to Thai space affairs. The rules and regulations of international organizations and other government agencies will be further specified in supplemental regulations by the NSPC.
- Space activities
The operation of space activities will require approval by the NSA, except for space activities operated outside Thailand by Thai individuals, Thai juristic persons, or juristic persons registered under Thai law. Further exceptions include engaging in space affairs under another country’s law or an exempted space activity, which the NSPC will specify.
The NSA can grant, suspend, and revoke space activity licenses. It will announce the required qualifications and characteristics of an applicant for a space activity license, the rules, and conditions to obtain the license, and the government and license fees in supplemental regulations to the Draft Act.
Space activities may continue until the end date specified in the license. The license renewal must be made within 90 days of the end date. The NSA will further specify rules and procedures about the renewal, transfer, and license fees.
A space activity license requires liability insurance covering third-party liability for damage caused by a space object. The NSPC will specify the insurance limit for running each space activity in supplemental regulations.
The Draft Act states that a licensee must avoid creating space debris as far as possible by implementing an environmental protection plan for Earth, the atmosphere, and space. The NSA will further specify provisions on space debris in a supplemental regulation. - Space-related activities
Operators of certain space-related activities may be required to obtain a license. In a supplemental regulation, the NSPC will prescribe the type of license and the requirements for qualification, including suspension and revocation.
The Draft Act prescribes that the government can support space-related activities and encourage investment in space matters by supporting finances and equipment, academic research and technology development, and other matters prescribed by the NSPC. - Space objects
The Draft Act prescribes that the NSA will be responsible for registering space objects. The NSPC will further announce the registration of space objects, the qualifications of the applicants, the details of space objects (e.g., their purpose and capabilities), and the amendment of the registry of space objects.
In addition, the Draft Act prohibits the transfer of space objects registered in Thailand to foreigners, foreign countries, or international organizations without obtaining prior permission from the NSPC. Furthermore, the transfer of ownership will include a condition that a state or international organization must agree with Thailand that such state or international organization will handle all liability and damage incurred from a space object. - Government liability
The Draft Act prescribes that the government is responsible for damage that occurs outside Thailand related to space activities, space objects, or space-related activities by a Thai individual or a Thai juristic person to a third party, regardless of whether the activity or object is licensed or registered. If the government has settled a dispute and paid compensation to a third party, it will have the right of recourse to the individual or the juristic person who caused the damage. - Rescue of astronauts and return of space objects.
The Draft Act states that if an accident occurs due to the actions of a licensed Thai space activity operator or an accident happens in Thailand, the licensee conducting the space activity or its representatives must inform the NSA as soon as possible. The notification must include the cause and site of the accident and a plan to prevent and mitigate any damage (when an accident occurs, the licensee must make efforts to mitigate the damage without delay). When the NSA receives notification about an accident from a licensee, it must immediately notify the countries that sent or registered the space objects and the relevant international organizations through the Ministry of Foreign Affairs.
Regarding the return of space objects, the Draft Act prescribes that if a space object is found in Thailand’s sovereign area or the Thai jurisdiction according to international law, the person who finds the space object must notify the competent officials and the NSA as soon as possible. Upon receiving notification, the NSA will notify the Ministry of Foreign Affairs, which will, in turn, inform the relevant state or international organization. The NSA will act appropriately to discover and acquire space objects. If a state or international organization requests that the NSA return the space object, the NSA must do so or keep the space object under the authority of a state representative.
The information provided here is for discussion and informational purposes only. It is crucial to note that nothing in this article should be or can be relied on as legal advice. Given the potential legal complexities, it is always advisable to seek professional legal counsel.
For any questions, you may contact Formichella & Sritawat at [email protected]
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