Encouraging International Support for the Recovery and Use of Space Resources

Executive Order 13914 of April 6, 2020

Encouraging International Support for the
Recovery and Use of Space Resources

By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including title IV of the U.S. Commercial
Space Launch Competitiveness Act (Public Law 114-90),
it is hereby ordered as follows:

Section 1. Policy. Space Policy Directive-1 of December
11, 2017 (Reinvigorating America's Human Space
Exploration Program), provides that commercial partners
will participate in an “innovative and sustainable
program” headed by the United States to “lead the
return of humans to the Moon for long-term exploration
and utilization, followed by human missions to Mars and
other destinations.” Successful long-term exploration
and scientific discovery of the Moon, Mars, and other
celestial bodies will require partnership with
commercial entities to recover and use resources,
including water and certain minerals, in outer space.

Uncertainty regarding the right to recover and use
space resources, including the extension of the right
to commercial recovery and use of lunar resources,
however, has discouraged some commercial entities from
participating in this enterprise. Questions as to
whether the 1979 Agreement Governing the Activities of
States on the Moon and Other Celestial Bodies (the
“Moon Agreement”) establishes the legal framework for
nation states concerning the recovery and use of space
resources have deepened this uncertainty, particularly
because the United States has neither signed nor
ratified the Moon Agreement. In fact, only 18 countries
have ratified the Moon Agreement, including just 17 of
the 95 Member States of the United Nations Committee on
the Peaceful Uses of Outer Space. Moreover, differences
between the Moon Agreement and the 1967 Treaty on
Principles Governing the Activities of States in the
Exploration and Use of Outer Space, Including the Moon
and Other Celestial Bodies--which the United States and
108 other countries have joined--also contribute to
uncertainty regarding the right to recover and use
space resources.

Americans should have the right to engage in commercial
exploration, recovery, and use of resources in outer
space, consistent with applicable law. Outer space is a
legally and physically unique domain of human activity,
and the United States does not view it as a global
commons. Accordingly, it shall be the policy of the
United States to encourage international support for
the public and private recovery and use of resources in
outer space, consistent with applicable law.

Sec. 2. The Moon Agreement. The United States is not a
party to the Moon Agreement. Further, the United States
does not consider the Moon Agreement to be an effective
or necessary instrument to guide nation states
regarding the promotion of commercial participation in
the long-term exploration, scientific discovery, and
use of the Moon, Mars, or other celestial bodies.
Accordingly, the Secretary of State shall object to any
attempt by any other state or international
organization to treat the Moon Agreement as reflecting
or otherwise expressing customary international law.

Sec. 3. Encouraging International Support for the
Recovery and Use of Space Resources. The Secretary of
State, in consultation with the Secretary of Commerce,
the Secretary of Transportation, the Administrator of
the National Aeronautics and Space Administration, and
the head of any other

executive department or agency the Secretary of State
determines to be appropriate, shall take all
appropriate actions to encourage international support
for the public and private recovery and use of
resources in outer space, consistent with the policy
set forth in section 1 of this order. In carrying out
this section, the Secretary of State shall seek to
negotiate joint statements and bilateral and
multilateral arrangements with foreign states regarding
safe and sustainable operations for the public and
private recovery and use of space resources.

Sec. 4. Report on Efforts to Encourage International
Support for the Recovery and Use of Space Resources. No
later than 180 days after the date of this order, the
Secretary of State shall report to the President,
through the Chair of the National Space Council and the
Assistant to the President for National Security
Affairs, regarding activities carried out under section
3 of this order.

Sec. 5. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or
the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.

    (b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
    (c) This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person.

    (Presidential Sig.)

THE WHITE HOUSE,

    April 6, 2020.