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!"

Comments

Makes sense

[QMalcolm]

Any journey to the moon starts on Earth, and I can understand why governments would be suspicious of rockets launching without warning.

Re:Makes sense

[Anonymous Coward]

I went to the moon without leaving Earth, and it didn't require any permit. I think it did require some papers, though.

Re:Makes sense

[sam0vi]

Just launch your rocket from some sunny third-world country that would give an arm and a leg for having an space port on its territory, and you are good to go!

Re:Makes sense

[h4rm0ny]

You invent the technology, they'll invent the permits.

Re:Makes sense

[polar red]

what do you want an extra arm and leg for ?

Space Age Colonialism

[AHumbleOpinion]

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.'

And so the seeds of colonialism are sown ...

It's a little strange when you can't quite figure out if a thought is the result of having read too much history or too much science fiction. :-)

Re:Space Age Colonialism

[arivanov]

And so the seeds of space piracy and "independent traders" are sown...

Recipe for telling the state go suck bricks through a thin straw sideways:

1. Buy an old oil platform
2. Refurbish
3. Reregister under the flag of a tiny pacific island which is not a signee to the treaty (optional)
4. Tow outside territorial waters (bonus points for launching from near the equator to save fuel).
5. Launch... And potentially Profit...

Example: http://www.boeing.com/special/sea-launch/why_sea_launch.htm. Surprise who are the usual suspects - the darlings of the USA defence industry - Boeing and the darlings of the russian defence industry - Energia. Cousying in the same bed. Nicely and quietly while the USA and Russia politicians rattle the sabres in the name of a new Cold War.

Alternative recipe

1. Buy or hire an Il-76, An-124 or Mriya. The last is difficult, for the rest call this chap: http://news.bbc.co.uk/1/hi/world/africa/6991487.stm. He is rumoured to be good. Alternatively, get your hand on a White Swan or a Concorde (that may be quite difficult, but as our Bulgarian friends say "What cannot be bought with money can be bought with a A LOT of money").
2. Reregister it under a suitable nation in the middle of Africa or Oceania (optional).
3. Load a launch vehicle on it. Two under development - Shtil-3A and RIF-MA. Both are rumoured to work. To buy - call the same chap. Or build your own.
4. Fly outside the airspace of all nations signing the treaty (again - bonus points for equatorial launch)
5. Launch... and potentially Profit...

Example: http://www.friends-partners.org/partners/mwade/lvs/shtil3a.htm and http://www.friends-partners.org/partners/mwade/lvs/rifma.htm. Actually the last 5 on the right will all do nicely: http://www.friends-partners.org/partners/mwade/graphics/n/newlv640.jpg.

Alternatively (if you manage to get your hands on a White Swan or manage to get the French to sell you a Concnorde as a launch vehicle): http://www.astronautix.com/lvs/burlak.htm

Re:Space Age Colonialism

[BiggerBoat]

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.

Re:Space Age Colonialism

[BiggerBoat]

...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.

Extradition

[Damocles the Elder]

My question is, once you're there, who's going to come up to arrest you?

Re:Extradition

[AHumbleOpinion]

My question is, once you're there, who's going to come up to arrest you?

Myself and many others will doing everything we can to encourage the government to go and get you. We have to find some way to get NASA properly funded, perhaps the collection of fees and taxes will work.

Re:Irrelevant.

[AHumbleOpinion]

Anyone who has the technical capability to do a moon shot can safely ignore this. What are they going to say, that their launch doesn't count because it wasn't authorized?

You were planning on returning? While the international treaty may not carry much weight the FAA (assuming US) regulations being violated surely will. You will lose your pilots license, the spaceport you launched from will probably lose it license, expect to be fined, expect your company to be fined (assuming your space venture is not purely a purely personal endeavor), etc.

I wouldn't be surprised if there are some sort of criminal charges the government could arrange as well for interfering with treaties, ignoring military authority (assuming they have to approve launches), etc.

1967 space treaties

[weighn]

Is this the same treaty that bans the militarisation of space? The same treaty that White House spokesmen described as antiquated last year? Why is it that what is ok for Big Government and Big Business doesn't necessarily translate to hobbyists? just a thought

Of Course You Do

[fyrie]

I need a permit to build a fence in my yard (in the US), so I can only extrapolate that legal requirement to landing on the moon.

International waters makes it easier to stop you

[AHumbleOpinion]

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.

A treaty is not law

[thsths]

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).

Re:Irrelevant.

[arth1]

There's no prison on the moon. Wait, don't give them ideas for a Guantanamo 2...

Re:History repeats itself

[Adriax]

Think of columbus?
So, instead of reaching the moon, they'll end up landing on some completely unknown stellar body in between the earth and the moon. There they'll meet the indigenous population and name them after the stellar body they think they've landed on. Moonians? Moonites?

Returning?

[Tatarize]

That's why the faked the moon landings. They didn't want to do the paperwork.

A treaty is "the supreme Law of the Land"

[flieghund]

Assuming you're debating this in the United States of America, in our Constitution, Article VI, Paragraph 2 includes this tidbit (with added emphasis):

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

A duly ratified treaty carries the same weight of law as the Constitution itself. That's why the U.S. gets so wiggy about signing on to treaties that would allow prosecution of military personnel for war crimes, because doing so would circumvent any supposed protections in the Constitution, including but not limited to the 5th Amendment protection against self-incrimination.

Catch me if you can..

[Plutonite]

..you SUCKERS! If I want to launch myself into orbital demise from my own private property then I will, fascists.

My first reaction:

[kestasjk]

My first reaction was "This is a strange question for Ask Slashdot"

Old fishing joke

[Dogtanian]

I went to the moon without leaving Earth, and it didn't require any permit. I think it did require some papers, though. Official: Excuse me sir, but did you know that you need a permit to land on the moon?
Astronaut: Thanks for the advice, but I think I'd be better off using a rocket.

Bureaucracy and lawyers

[Stiletto]

Just goes to show... For every person seeking to push the edge of human achievement, there will be 1000 bureaucrats and lawyers trying to stop it, or at least make the journey fraught with red tape and roadblocks.

If legal bureaucracy had been around in Biblical times, Moses would have needed to get a permit and do an environmental impact study to part the Red Sea.

Re:ITAR might still get you...

[booch]

you'd better get on friendly terms with your local Congressman - preferably a Republican one - before you go... How many times am I supposed to tap my foot under the stall?

Re:Irrelevant.

[BiggerBoat]

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.