Multinational Research Satellite

Immunity From Attachment of Multinational Research Satellite in 2011

United States views on international law (based on the document “Digest of U.S. Practice in International Law”): On May 3, 2011, the United States filed a statement of interest in the U.S. District Court for the Central District of California opposing the efforts by NML Capital, Ltd. to collect on debts owed by the government of Argentina by attaching its interests in a satellite, the Aquarius/SAC-D. NML Capital, Ltd. v. Spaceport Systems Int'l., Case No. 11-03507-SJO-RZ. The Aquarius/SAC-D was designed to make sea surface salinity measurements from space, providing a previously unavailable volume of data for use in studying global ocean circulation. Excerpts of the U.S. statement of interest are set forth below (with footnotes and citations to the record omitted), arguing that the FSIA prohibits attachment of the satellite and that enjoining the launch of the satellite would severely disserve the public interest. The U.S. statement is available at (internet link) state.gov/s/l/c8183.htm.

Developments

The Aquarius/SAC-D represents the latest initiative in an established partnership between NASA and CONAE, the national space agency of Argentina, as part of a CONAE project known as the Satélite de Aplicaciones Cientificas (Scientific Applications Satellite, or SAC). With respect to this particular mission, the NASA/CONAE partnership is governed by an international Memorandum of Understanding (MOU), signed by representatives of NASA and CONAE in March 2004. Pursuant to the MOU, CONAE has provided the spacecraft bus (i.e., the satellite's infrastructure), while NASA has contributed the main scientific instrument, known as Aquarius, and the rocket that will serve as the satellite's launch vehicle. The various components are critical to the Aquarius/SAC-D; in particular, the Aquarius instrument cannot fly without the SAC-D spacecraft. CONAE has also partnered with Italy, France, and Canada, each of which has contributed other scientific instruments to the satellite.

This multinational partnership allows the United States, and the global scientific community, to benefit from the expertise of many different national space programs. To date, NASA has invested approximately $250,000,000 in the Aquarius/SAC-D program, and currently maintains a program workforce of approximately 50 full-time employees. Its international partners have similarly invested heavily in the Aquarius mission.

Resources

See Also

• Privileges
• Immunities
• Foreign Sovereign Immunities
• Exceptions To Immunity
• Commercial Activity