Selected Examples of National Laws Governing Space Activities: Argentina
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[UNOFFICIAL TRANSLATION] NATIONAL DECREE NO. 995/91 CREATION OF THE NATIONAL COMMISSION ON SPACE ACTIVITIES
Buenos Aires, 28 May 1991 Official Gazette (Boletín Oficial), 3 June 1991 ACTIVE EFFECT National Decree No. 1,164/60 PASSIVE EFFECT National Decree No. 1,435/91 National Decree No. 2,239/91 Enactment: Law No. 11,672 National Decree No. 1,615/99
HAVING REGARD TO: The Argentine National Commission on Space Activities: Creation�National Space Plan�science and technology�Office of the President of the Nation, and WHEREAS The progress of space sciences and technology is of great importance for the State because of the many and various public policy considerations raised by their practical applications; The Argentine Republic maintains its right to technological and scientific development for peaceful purposes; It is necessary to make practical use of the experience gained by Argentina in the field of space; The technical complexity of space activities necessitates proper organization and coordination of all the national bodies concerned, whether private or public, in order to prevent the dissipation and duplication of efforts; It is necessary to establish a national authority to centralize, organize, administer and implement a comprehensive policy on space matters; The Argentine Republic rejects all offensive military use of space activities and acknowledges its intention to work in this field with a high ... [Sentence incomplete�translator]. Article 1 The National Commission on Space Activities (CONAE) is hereby created with the capacity to act as a public and private entity in the scientific, technical, industrial, commercial, administrative and financial spheres, with full administrative and financial autonomy, and accountable directly and exclusively to the President of the Nation.
Article 2 The National Commission on Space Activities shall be the only national State body competent to take charge of, formulate, implement, monitor, manage and administer projects and undertakings in the field of space, in which regard its functions shall be the following: (a) To propose the National Space Plan for the use and development of space sciences and technology for peaceful purposes, as well as arrangements for its funding, for approval by the executive branch of the National Government; (b) To centralize, organize, administer and implement the National Space Plan.
Article 3 The functions of the National Commission on Space Activities shall be to: (a) Conduct research aimed at the establishment of groups possessing the necessary disciplines and techniques for access to be gained to space technology and its applications; (b) Undertake development work in the area of advanced engineering, encompassing the fields necessary for the assimilation of appropriate national space technology; (c) Ensure and assist the integrated development of national space projects; (d) Provide for the basic and ongoing training of research, professional, technical and other appropriate personnel through courses, fellowships and reciprocal arrangements with universities, State authorities and other national or foreign institutions; (e) Assign space technology transfer to applications in agronomy, cartography, mineral prospecting, meteorology, geology, environmental science, medicine, communications, defence, industrial sectors and other areas, to government authorities and especially, under licence, to the private sector, providing technical assistance for the purpose of attaining the quality standards which it establishes; (f) Draw up agreements with other authorities or private entities in the country with a view to transfer or cooperation in the development of space activities; (g) Provide technical assistance to the State for the purposes of national representation at congresses, conventions, conferences and meetings and at events organized by international organizations concerned with outer space; (h) Coordinate all the activities of the National Space System, including all the public and private institutions engaged in space activities, whether directly or indirectly; (i) Obtain the financial resources necessary to perform its activities; and (j) Promote and implement cooperation agreements with public and private entities from other countries, in conformity with the foreign policy of the Argentine Republic and with due intervention by the Ministry of Foreign Affairs and Religion.
Article 4 Without prejudice to the provisions of the foregoing articles, the National Commission on Space Activities (CONAE), in the exercise of its public and private powers, may: (a) Appoint and relocate scientific, technical and administrative personnel, whether temporarily or permanently; (b) Issue its internal regulations and establish its organizational structure; (c) Formulate agreements with public or private entities and conclude the necessary contracts for the achievement of its aims; (d) Undertake commercial transactions on the basis of the contracts concluded, in line with the aims established in this Decree; (e) Take any legal steps necessary for its proper functioning; (f) Propose a control regime for all transfers abroad of space technology and equipment and for arms, in conformity with the criteria and standards of non-proliferation; such regime shall be subject to prior authorization by a committee to be established, which shall be composed of representatives of the Ministries of Defence, of the Economy and Public Works and of Foreign Affairs and Religion.
Article 5 The National Commission on Space Activities (CONAE) shall have the following organizational structure: (a) A Board of Directors composed of twelve (12) members, ten (10) with a political background and two (2) with an executive and technical background. The Board of Directors will be composed as follows: (i) Political:
The said officials shall serve for a term of four (4) years, renewable in the case of half of the Board every two (2) years, members being re-electable in perpetuity; (ii) Executive and technical: [Text missing] by the members of the Board of Directors to discharge the functions of Executive and Technical Director and Scientific Director. The Executive and Technical Director and the Scientific Director may be removed from office with sufficiently strong grounds; (b) Idem as in Decree No. 1662/96; (c) Idem as in Decree No. 1662/96; (d) Idem as in Decree No. 1662/96. Legislative reference: National Decree No. 1662/96 Article 6 The resources of the National Commission on Space Activities shall be the following: (a) The appropriations allocated to it in the national budget, whose parliamentary approval shall be administered through the national executive in conformity with the following procedure: (I) Prior to each financial year, the Committee shall draw up an annual programme setting forth a detailed analysis of all the projects foreseen for that period, together with an annual report on its activities; (II) The request seeking approval of the budgetary appropriations shall be formulated in respect of each of the specific projects and also in respect of the annual programme in general; (b) Income from the economic and commercial operation of patents, licences, consultation, advisory services, etc. deriving from the activities undertaken; (c) Assets deriving from assigned through the application of special laws; (d) Income allocated for the purpose of research and study projects; (e) Donations and legacies. Article 7 The assets of the National Commission on Space Activities shall be constituted by the following: (a) The immovable property and installations belonging to the National Space Research Commission (CNIE), located at Avenida Dorrego 4010 of the province of Federal Capital, the industrial plant of Falda del Carmen in the province of Córdoba and the San Miguel Space Research Laboratory in the province of Buenos Aires, such property and installations to be transferred to CONAE as its administrative and technical headquarters; (b) Those assets which have to date been largely allocated by the Armed Forces and other State authorities for the purposes of space activities; to this end, the Ministry of Defence shall carry out within a period of thirty days a survey and corresponding inventory for their transfer; (c) All such shares, titles and obligations as may have been held by the National Space Research Commission (CNIE) in or in respect of the enterprises DEA, IASA, IFAT Corporation, Consultec, Desintec and Consen, and in respect of any other corporate entity, such shares, titles and obligations to be maintained and exercised to the extent that their purpose is compatible with the objective and aims of the National Commission on Space Activities (CONAE); (d) Any assets which it might acquire subsequently in conformity with the provisions of this Decree and other relevant legislation. Article 8 Decree No. 1,164 of 28 January 1960 is hereby revoked and the National Space Research Commission (CNIE) hereby dissolved, it being provided that all elements, parts and components of the Condor II missile, in all its versions and stages of development existing to date, shall be deactivated, dismantled, reconverted and/or disabled in accordance with its possibilities for use for peaceful applications and purposes, in such a manner as to reliably and finally bring about the complete and irreversible termination of the project in question, its scientific staff, installations and equipment being transferred to the new National Commission on Space Activities (CONAE). Article 9 To be communicated, published and submitted to the National Department of Official Registration, and filed.
SIGNATORIES
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