Slashdot Mirror
Do You Need a Permit to Land on the Moon?
Billosaur writes "With the recent announcement of Google's X-prize for a successful private landing of a robot on the Moon, someone has asked the Explainer at Slate.com if permission is required to land something on the Moon? Turns out that while there is no authority that regulates landing objects on another world, getting there does require the permission of the national government from where the launch takes place. This is in accordance with the 1967 Outer Space Treaty, signed by 91 nations, which regulates the uses of outer space by the nations of Earth. Specifically, Article VI enjoins: 'The activities of non-governmental entities in outer space, including the Moon and other celestial bodies, shall require authorization and continuing supervision by the appropriate State Party to the Treaty.' Start your paperwork!" J adds: The relevant quote from Destination Moon is "If we ask for permission, they'll find a way to block us. So we go now, as soon as we can!"
launch from international waters, it'd take a lot of work building the platform, but it would be worth it.
Actually, being in international waters may make it easier to stop you. You are subject to maritime/admiralty/sea laws, and pretty much any warship has some authority over you.
How is a treaty relevant here? It is an agreement between nations, protection one nation from other nations. However, the question of take-off is internal to one country. So unless this treaty has been ratified (put into national law, which I very much doubt), it is not actually applicable.
Of course, IANAL, so if you want to go to the moon, GYOL (get your own laywer).
Just make sure to renounce your U.S. citizenship (if you're American) and become a citizen of that tiny Pacific nation. Because no matter where you launch on Earth, if you're still a U.S. citizen, the AST (launch permit branch of the FAA) still governs you. This is because as a U.S. citizen, the U.S. will be responsible for what you lob into space.
Sure, just as long as you're willing to renounce U.S. citizenship and become a Guatemalan citizen:
CFR 14 part 413.3: Who must obtain a launch license.
[snip]
An individual who is a U.S. citizen or an entity organized under the laws of the United States or any State must obtain a license--
(1) To launch a launch vehicle outside the United States;
[snip]
This is because, according to the Outer Space Treaty, the U.S. is responsible for what its citizens lob into space, regardless of where they launch it.
...and the relevant federal code for those interested (my emphasis added)
14 CFR 413.3 Who must obtain a license.
(a) A person must obtain a license--
(1) To launch a launch vehicle from the United States;
(2) To operate a launch site within the United States;
(3) To reenter a reentry vehicle in the United States; or
(4) To operate a reentry site within the United States.
(b) An individual who is a U.S. citizen or an entity organized under the laws of the United States or any State must obtain a license--
(1) To launch a launch vehicle outside the United States;
(2) To operate a launch site outside of the United States;
(3) To reenter a reentry vehicle outside of the United States; or
(4) To operate a reentry site outside of the United States.
(c) A foreign entity in which a United States citizen has a controlling interest, as defined in 401.5 of this chapter, must obtain a launch license to launch a launch vehicle from or a license to operate a launch site within--
(1) Any place that is both outside the United States and outside the territory of any foreign nation, unless there is an agreement in force between the United States and a foreign nation providing that such foreign nation shall exercise jurisdiction over the launch or the operation of the launch site; or
(2) The territory of any foreign nation if there is an agreement in force between the United States and that foreign nation providing that the United States shall exercise jurisdiction over the launch or the operation of the launch site.
(d) A foreign entity in which a U.S. citizen has a controlling interest, as defined in 401.5 of this chapter, must obtain a license to reenter a reentry vehicle or to operate a reentry site in--
(1) Any place that is outside the United States and outside the territory of any foreign nation, unless there is an agreement in force between the United States and a foreign nation providing that such foreign nation shall exercise jurisdiction over the reentry or the operation of the reentry site; or
(2) The territory of any foreign nation if there is an agreement in force between the United States and that foreign nation providing that the United States shall exercise jurisdiction over the reentry or the operation of the reentry site.